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John Bercow, the Commons Speaker, has hinted that he is opposed to an attempt by the attorney general for Northern Ireland to prosecute Peter Hain for criticising a judge in his memoirs. David Davis, the Tory backbencher, raised the issue in the Commons on a point of order. He said Hain was being prosecuted for a crime known as "scandalising the court" and that this law had been described as obsolete in 1899. Davis went on:
"Our freedom of speech to criticise the judiciary and judicial process is fundamental to the operation of this House."
Davis asked Bercow what he would be doing, in the light of the prosecution, to protect the right of MPs. This is what Bercow said to him.
"I have listened carefully and, if I may so, respectfully to what the right honourable gentleman has said. These are extremely important matters and there are issues of devolved responsibility and, possibly, sub judice. I will reflect further on what the right honourable gentleman has said and revert to him if necessary. In the meantime I know - and I think I can say this with great confidence - that he will draw upon the skills and willingness to assist of the table office. I hope that that is helpful to him and to the House."
At face value Bercow was sitting on the fence. But that "respectfully" sounded very much like code for: I agree with you. And, in making the point about the table office, Bercow seemed to be saying that Davis should table an early day motion criticising the prosecution.