Plenary, 04 Mar 2004

Meeting date: Thursday, March 4, 2004

Official Report 638KB pdf

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Point of Order

On a point of order, Presiding Officer. This point of order is further to the one that I raised with you a fortnight ago. I promised then that I would revisit the matter.

With reference to the relevant parts of the Parliament's standing orders, will you rule on whether it is competent for an MSP to lodge a parliamentary question to the Executive on a decision that was taken by MSPs following a debate in which this Parliament might have been misled about the legality of the action that was proposed by the Executive and subsequently supported by the majority of MSPs?

The parliamentary question that I had ruled out by the chamber desk this week did not imply that the First Minister had responsibility or should be accountable for a reserved policy area. However, in light of the doubt that eminent lawyers in the UK are now casting on the legality of the war with Iraq, is the First Minister not enabled by this Parliament's principles of accountability and transparency to confirm or correct his assurance to MSPs in the debate on Iraq last March that, even without a specific United Nations resolution, war with Iraq was legal? Surely the First Minister has a general responsibility under rule 13.3.3 of the standing orders to ensure that statements that he makes and that Parliament votes on are founded on legality and, if doubt is cast on that, to investigate the matter so that it might be corrected if necessary.

I was intending to give you a quick rule 13.3.3(b) answer. However, because your point of order was so long, I would like to read and reflect on it and, as usual—[Interruption.]

Order. I shall come back to the member on her point of order this afternoon.

Meeting suspended until 14:30.

On resuming—