Point of Order

On a point of order, Mr Deputy Speaker. It concerns the status of the Economic Activity of Public Bodies (Overseas Matters) Bill., which we are about to discuss. It occurred to me during my examination of the Bill that there is, at the very least, a prima facie case that it is a hybrid Bill because of the private interests engaged alongside its public elements.

A number of classes of people are particularly affected. The private rights of all the groups in our society who are advocating for Palestinian rights will be affected in one way or another by the suppression of their ability to express their points of view, and that will absolutely apply to administrators of public funds. Those who manage local government pension schemes, for example, as well as the members of those schemes, will not be able to invest in a way that is free, particularly in respect of the state of Israel, the occupied Golan Heights and the occupied Palestinian territories, because of the exemption contained in the Bill. Local councillors will be similarly affected when it comes to expressing their points of view about the merits of being able to exercise power over economic assets for which they are democratically accountable. Muslims in the UK who support human rights in Palestine will also be disproportionately affected.

I have submitted a longer note on the basis of what legal advice I have been able to obtain at this short notice. It is my request to you, Mr Deputy Speaker, to rule that there is a prima facie case that this is a hybrid Bill, and I invite you to refer it to a committee of experts that you would appoint to examine that case.

I thank the hon. Member for giving notice of his point of order. According to Erskine May, paragraph 30.57,

“Hybrid bills are public bills which are considered to affect specific private or local interests, in a manner different from the private or local interests of other persons or bodies of the same category, so as to attract the provisions of the standing orders relating to private business…Such bills are subject in both Houses to certain proceedings additional to the normal stages in the passing of public bills.

The Speaker has defined a hybrid bill as ‘a public bill which affects a particular private interest in a manner different from the private interest of other persons or bodies of the same category or class’…it is not the practice to treat as hybrid, bills dealing with matters of public policy whereby private rights over large areas or of a whole class are affected.”

All Bills are scrutinised on publication by the Clerk of Legislation in the Public Bill Office, in consultation with his opposite number in the House of Lords, to see whether they are prima facie hybrid and need to be referred to the examiners. This Bill was not referred to the examiners. However, the hon. Member has put his view on the record, and if he wishes further clarification, I suggest that he go back to the Public Bill Office to put forward his views one more time.