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Orders Of The Day

Volume 357: debated on Wednesday 28 February 1940

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Old Age And Widows' Pensions Bill

Considered in Committee.

[Sir DENNIS HERBERT in the Chair.]

Clause 1—(Reduction Of Age At Which Old Age Pensions Become Payable And Adjustment Of Contributions)

4.6 p.m.

On a point of Order. I would like your guidance, Sir Dennis, on the question of having a discussion on the Amendment which stands in my name, to cover also the second Amendment in the names of some of my hon. Friends, which I understand you intend to call. I suggest that it would be convenient to debate these two Amendments together, as they are interlocked.

I take it that the hon. Gentleman is referring to the Amendment in his name—in page 2, line 6, to leave out Sub-section (3)—and to the Amendment which next follows it on the Order Paper—in page 2, line 16, to leave out "threepence," and insert "twopence." If the Committee generally assent, I have no objection to allowing these two Amendments to be discussed together, on the understanding that if the second Amendment is called, it will be called only for the purpose of putting the Question without debate.

Why has the first Amendment on the Paper in the name of the hon. Member for East Wolverhampton (Mr. Mander)—in page 2, line 2, to leave out "sixty" and insert "fifty-five"—not been called?

May I, on a point of Order, submit that no financial contribution would be required from the Treasury if the age were reduced, as the charge would be covered by the increased contributions of the employers and the employed?

I beg to move, in page 2, line 6, to leave out Sub-section (3).

The Minister of Health and the Committee will realise at once that in this Amendment we are raising the whole question of the method to be employed by the Government in financing this scheme. The Bill is divided into two parts; Part I provides pensions for unmarried women at the age of 60 and for the wives of insured men at the same age. Part II provides supplementary pensions which are to be financed by the Treasury. This Amendment deals only with the proposed method of financing, by means of contribution income, the 10s. a week pension for unmarried women and for the wives of insured men at60. We make no apology for raising this fundamental issue. In the first place, we regard this method as a violation of what I will call the tripartite principle which has prevailed in the past in the financing of our social services. It will be remembered that when the right hon. Gentleman the Member for Carnarvon Boroughs (Mr. Lloyd George) stood at that Box in 1911 and propounded the first National Health Insurance scheme, the largest of its kind in this country if not in the world, he laid down the principle that three parties were to contribute to it, namely, the State, the employer and the employed. The first complaint which we have to make therefore against the provisions in this Clause is that the Government are departing from that principle and are laying the whole of the obligation of providing the revenue for this purpose on the employers and the employed only. The Committee will realise I am sure the importance of the issue which is raised by the Amendment.

Let me now proceed to analyse the Government proposal. Be it remembered that the Government do not find a penny piece for these pensions for the first two years. I submit that that is a definite and an alarming departure from the attitude of Parliament in relation to our social services, and I think we are entitled to complain on that score. We are promised that at the end of two years the Government will come to the rescue of the scheme and that they will probably return again to the tripartite principle under which the State will also contribute to this fund. But I am not so sure about the promises of the Conservative party in regard to matters of this kind. I would not trust any promise which they made about what they intended to do two years hence if they were in power. They have inserted provisions in this Bill whereby a surplus of £3,000,000 or thereabouts will be released on the health insurance account. If hon. Gentlemen opposite are in power when that surplus is released, I would not be surprised to see them utilise it in due course in order to finance the pension scheme which we are discussing this afternoon. They have done such things before.

It will be noted that there is an increase of 2d. per week in contributions in the case of insured males, 1d. from the employer and 1d. from the man; but when we come to the case of the unmarried women what do we find? I do not know what the hon. Lady the Parliamentary Secretary will have to say to this proposal unless she believes in the truth of the old adage that "the woman always pays." Certainly she pays under this Bill. We find here that in the case of the unmarried woman there is an increase of 3d. per week in contributions of which 2d. is to come from the woman, and 1d. from the employer. Why has not the right hon. Gentleman followed the usual practice in this case? If this additional 3d. is necessary, why not put 1½d. on the employer and 1½d. on the women respectively?

No, the Government do not give anything; and as far as this part of the Bill is concerned, the insured population can say to the Government, "Thank you for nothing." In financing this scheme the Government, as I say, will not contribute a penny addition for two years. We come, therefore, to this point, that in order to reduce the pensionable age for the wives of insured men and for unmarried women to 60, the money is to be found by the contributors themselves while the Government are to be immune from any additional financial liability. That is a new principle which is being introduced in this Bill. The right hon. Gentleman must understand what is happening in some cases in the country. These people will pay increased contribution in order to get pensions at 60. I have had a case sent to me this morning where a man at the age of 65, because he gets his pension, also gets a reduction in wages to the exact amount of that pension. I am told there are many cases of that kind. If that can happen to a man, the exploitation of women in industry will almost certainly bring to light a large number of cases of women who, working for about 30s. a week, will get their wages reduced to £1 as soon as they get their pension of 10s. at 60. In that case they would be better off if they were not included in this scheme at all.

I do not want to dwell unduly on this proposition, except to say that we object to this method of financing the scheme by contributions only. When Tory Governments have introduced Amendments for improving these schemes they have always nibbled at wages in order to save the Exchequer. What will happen to insured people who get low wages? I told the story some years ago how the depression was affecting the people of Lancashire. I then came across the case of a young man of 22 who cycled six miles, from my own constituency to Bolton, to work 58 hours a week for 12s. If you deduct 3s. 4d. from that sum, you see at once the high percentage the State is taking from wages for social services. Although there has been improvement in the textile industry in Lancashire consequent on the war, I once met a married man of 23 years of age, with a wife and child, who worked full time in that industry for 18s. 3d. a week. It has been the case for several years, in the textile industry of Lancashire that men have been employed full time for less wages than they would get from Poor Law relief. Every hon. Member from Lancashire will bear me out when I say that. To increase the contribution for social services for these low wage earners therefore is an offence. Why not a State subsidy instead? These increases will not stop there.

The Actuary's report on this scheme is excellent, but it is only excellent within the financial limits laid down for him by Government. If the Government say to the Actuary, "We are not going to find any money for the first few years," he drafts his report accordingly, and if they say, "I think we will increase the contribution at the end of a calculated period," then he puts an additional penny on. I have, therefore, no complaint to make as to what he said, but I want the Committee to understand that the Actuary's report is based on calculations which are dependent upon the policy of the Government. I say, therefore, that the White Paper is only helpful in order to show us what can be done within the limits proposed by the Government. This is a piffling Bill from beginning to end; and I think I am right in saying that there were people in this country who, in the first flush of their enthusiasm were delighted to see the provisions of this Measure, but who have helped to swell the criticism against it when they examined what it contained. I sat through the Debate on the Second Reading, and I heard hardly a single word from the supporters of the Government to show that they are satisfied with its proposals. When we come to the test of need, we shall probably have something even stronger still to say than we have already said on this Amendment.

4.22 p.m.

I understand from what you said a few minutes ago, Sir Dennis, that the Amendment in page 2, line 16, to leave out "threepence" and insert "twopence," with which I and some of my colleagues are associated, cannot be discussed but will be voted upon without discussion?

It can be discussed on the Amendment which is before the Committee. Later on, when this Amendment has been disposed of, the hon. Member's Amendment, if he wishes, will have to be put to the Committee without discussion.

I understand. I have to take my opportunity of saying what I have to say on the larger Amendment now before the Committee. What I have to say concerns the case of the unmarried worker. It has always been the contention of the unmarried insured industrial worker that her pension contribution was too high for the ultimate benefit which she received. This matter was subject to a great deal of discussion by the Special Committee on Pensions for Unmarried Women which sat last year and produced its report. Before examining what that report says, I would like to look more closely at the spinster's own case. If you took a census, you would find 4,000,000 unmarried women, from the ago of 16 upwards, who are paying for their future possible old age pension. The total contribution received from that class of people is £4,500,000. By the time the pensionable age of 65 has been reached that number has been diminished to 61,000—the figure given by the Government Actuary on page 15 of the report. Marriages, deaths, lapses and misfortunes account for this reduction. The amount paid to these 61,000, who ultimately reach the age at which they can receive a pension, is £1,800,000, so that on the face of it the unmarried woman and her employer together pay, in each year, £4,500,000, under the heading of pension contributions. This seems to be a pretty strong case for the allegation of the unmarried woman worker when she says she is already paying too much for the pension she ultimately receives.

The special committee said a great deal on this point. The figures I have given are confirmed, but the argument is partly rejected. They say we have no business, in making this calculation, to include payments of those women who subsequently marry. I do not know why. The woman who marries usually goes into the class where her contributions are paid by her husband. Her departure from spinsterhood does not involve loss to the contribution fund under that heading. That remains steady by the normal influx of newcomers. The special committee, aided by Government actuaries, then proceeded to form its own estimate as to what is the correct amount to be credited to the unmarried woman, under the heading of contributions towards future pensions. I, personally, regret their methods of whittling down the figures; it is a strange kind of juggling, but let us take their conclusion, for the sake of argument. They find the total amount required from an unmarried woman to meet her ultimate pension is 3·9d. per week, and they have to admit that the woman and the employer together are actually contributing 5·5d. per week. That means, on their own quite open admission, that the spinster is out of pocket, for value received, to the extent of £1,130,000.

The other day I heard the Chancellor of the Exchequer say in the House that the State was finding 60 per cent. of the whole cost of contributory pensions as we now have them. Presumably, that State expenditure includes the pre-Act widows, where no contributions have been paid at all. But 60 per cent. or not, the State has never paid a penny piece towards the cost of the unmarried woman's pension.

The boot is entirely on the other foot. There has been a contribution of £1,130,000 each year towards widows, orphans and old age pensioners, according to the Actuary's own figures. I say that sum is £2,700,000. The special committee is quite clear on this point and goes on to say, quite frankly, that the spinster has just cause for complaint. If this Amendment to which I am speaking is carried, the spinster and her employer will still be called upon to pay an extra 2d. a week. The White Paper does not tell us how much that will bring in. Perhaps I am in error in putting it that way, but I am speaking to the Amendment to reduce the 3d. to 2d. The White Paper does not tell us how much that will bring in, but obviously it is in the neighbourhood of £1,500,000, and with that extra contribution the unmarried woman will still be able to say, "My pension is costing the State nothing at all." On these grounds I think a very powerful case exists for the refusal on the part of this Committee to countenance the extra charge which the Bill imposes upon contributors.

4.31 p.m.

During the whole of these Debates I have been struck by what I would call the nineteenth century flavour in the tone of hon. Members' speeches towards women. Unfortunately, only one woman has taken part in the Debates, but hon. Members opposite have approved the Bill because it will help weak and helpless women who are suffering from premature decay at the age of 60. I was much shocked when the hon. Lady the Parliamentary Secretary talked about tired women. From the Debate one would think that this Bill is introduced by a benevolent Government in order to help women who are tired out at 60. I want to say to male Members opposite that this argument is completely fallacious. If they will examine the vital statistics, they will find that a woman, once she has passed the child-bearing period, has an expectation of life much longer than that of a man. Let us dismiss from our mind the feeling that this Bill is introduced to relieve tired women. I must admit that I have digressed a little, but I wanted to explain to the Committee that this Clause is adding insult to injury. There is no fatherly treatment on the part of the Government towards weak and tired women at 60, as one would imagine from listening to the speech of the Minister of Health. What the Government are doing is to behave like a bad and exceedingly hard-headed business man towards women of 60.

The hon. Member's speech would be quite in Order on the Question, "That the Clause stand part of the Bill," but I have not heard anything she has said which refers to either of the two Amendments we are now discussing.

I want to explain how unjust it is that women should be asked to pay 3d. and men 2d., and that is more than unjust because the Government have given the impression that they are being kind and helpful towards women of 60 when, in fact, under this Clause they are heaping further financial burdens on their shoulders by asking them to pay 3d. and the men 2d. The hon. Member for Central Bradford (Mr. Leach) has explained the spinsters' case excellently from the actuarial point of view. The spinsters never approached the Government because they felt they were decrepit and old at 55 or 60, but because they felt they were being asked to contribute towards the support of the dependants of insured men, widows and children.

I think the hon. Member would find it much easier if she made her speech on the Question, "That the Clause stand part." Quite frankly, I have not discovered that she has anything to say on the limited subject of the Amendments now before the Committee.

You have ruled that the two Amendments shall be discussed together, and the second Amendment is to leave out 3d. and insert 2d. I am explaining how unjust it is for the Government to insert 3d.

If the hon. Lady likes to go on, she must do so, but at her own risk. I have made a suggestion to her, but if she proceeds on the lines she has hitherto followed, she is likely to find herself in difficulties through my being obliged to interrupt her.

May I ask the Minister of Health whether he thinks this Clause does improve the conditions of spinsters of 60?

The hon. Lady does not seem to understand my point. She must not ask questions about the Clause as a whole; she can only discuss the very limited questions which arise on the two Amendments now before the Committee. That is why I suggested to her that she would find her task very much simpler if she made her speech on the Question, "Thai the Clause stand part."

May I ask that 2d. shall be the amount which a woman shall be asked to pay instead of 3d.? That is the point I wish to stress, and I hope it is in Order. As the Clause stands it aggravates that injustice.

4.39 p.m.

I want to refer to the speech made by the hon. Member for Central Bradford (Mr. Leach), I know that I shall be out of order if I deal with the speech made by the hon. Lady opposite, and I do not intend to do so except to say that it is no use going to the textile areas and telling a woman who has to get up at 7 o'clock in the morning that she is not tired at 60. You can get all the statistics you like, but you will never convince her otherwise.

If I had said anything more the Chairman would have ruled me out of Order.

The whole point of the hon. Lady's speech was that the Bill deals with tired women at 60. If she went into the textile areas and talked to women who had to get up early in the morning, they would very soon contradict her.

Let me deal with a matter which is in Order. I want to ask the Minister of Health to give some attention in his reply to what was said by the hon. Member for Central Bradford. There is a feeling that women, in having to pay an increased subscription, are being asked to pay too much. I am not saying that it is too much, but I think that some adequate explanation is called for to convince them that the figure mentioned is a legitimate figure. I hope the right hon. Gentleman will say whether the hon. Member for Central Bradford is right in his calculations. I think that the figures he quoted can hardly be correct, and I hope we shall have some explanation, which has not so far been forthcoming, which will give satisfaction on this point. I beg the Minister to take particular care in answering the point.

The figures which I gave are not my figures; they are figures taken from the Actuary's report.

I should have said the figures quoted by the hon. Member from the report. I did not want to suggest that the hon. Member has been taking some fictitious figures.

4.41 p.m.

There is a good deal of feeling about this extra charge of 3d. which is being put on women contributors. Anyone who has taken part in these discussions has received many letters and communications on the point, and it is very important that for a change, which seems to reverse the normal method of contribution, there should be an adequate and full explanation. I feel that in these matters we are getting into a state of confusion, and we shall be grateful to the Minister if, in dealing with them, he will make a statement which will relate the proposals of the Bill to the general scheme and finances of the whole pension system. Are we to have some regard to actuarial considerations or not? Are we to put the whole on the State? We must proceed one way or the other; either a total State contribution or by actuarial considerations based on contributions by the employers, the employed, and the State.

If we are going to do that, I should like to know what will be the consequences of these proposals. We are proceeding now on a policy which will put another penny on both sides in 1946, and which in 1956 will bring the total contributions up to 1s. 3d. and 7½d. Anyone who enters at the age of 16 and carries through during the whole period will have paid for the whole of the benefits received, but alterations have been brought into the scheme, and the situation is not now so favourable. To what extent the proposals of the Bill will alter the scheme further as against the State I do not know, but I think the Committee should bear in mind the fact that the State underwrites the whole transaction and that if there is a shortage for any reason, the State will risk the burden. That is a very relevant fact in considering the importance of the Amendment. I hope that in our anxiety to consider and sympathise with tired women, and with other people who may be tired, we shall not get away from the sound principles of finance.

4.45 p.m.

I hope I shall not be misunderstood when I say that such is the anxiety of the poor people in this country to get some security in their old age that it would be difficult to find any insuperable objection to the payment of increased contributions. That is something which has been pointed out by hon. Members in all parts of the Committee, and it is one of the reasons we on this side were prepared to pay much larger contributions in order to secure adequate pensions. Therefore, on the narrow question of whether people are prepared to pay increased contributions, there is no division between us. But if the Government always had the intention to finance increased pensions, or a lowering of the age at which the pensions are given, in this manner, I do not see why the Bill could not have been introduced some years ago. Why need the Government have waited all this time?

We had always understood that the reason the Government were chary of improving the old age and widows' pensions scheme was that any such proposals would be certain to increase the charge falling upon the Treasury. Indeed, it would have been impossible for the Government to have brought forward this scheme in peace time without the Treasury having to pay a share of the contributions, for the principle of tripartite contributions is so deeply embedded in the National Health Insurance scheme that the House and the country would not have tolerated a departure from it in peace time. The hon. Member for East Birkenhead (Mr. White) said that the scheme must be on a sound actuarial basis. We are not attempting to violate that principle; our contention is that the contributions of the employers and the workers would be less if the State found more. That would not affect the actuarial soundness of the scheme, but it would affect the apportionment of the contributions. There is all the difference in the world between the State underwriting any possible loss—which already the Government have sought to avoid—and the State bearing from the beginning a proper share of the burden. I am certain that if ultimately it is found in 1946, or before 1946, that the increase in the contributions will be inadequate to support any increased expenditure, the Treasury will come to the House for an increased contribution; I am certain of that for the reason that if they did not do so, they would then have accepted the principle that they ought to make a contribution towards the increase. If they are ready to accept that principle, why not do so now, and pay their share of the contributions?

We are doing so, as I shall have no difficulty in showing the hon. Member.

I shall be delighted to hear the Minister. We all recognise the right hon. Gentleman's virtuosity, but we are sometimes suspicious of his facts. There is another side of the matter to which hon. Members ought to give some attention. It is assumed that the employer finds one contribution and that the workman finds another, but the fact is that in many cases the employer does not find the contribution. In the coal-mining industry, for instance, 85 per cent. of the increased contributions will be found by the miners. Whenever the cost of production goes up in the mining industry, the ascertainments upon what the wages are based are affected. I have no doubt that the coalowners have presented no great objection to this increase because they will not have to find it; the miner will have to find his share of the contribution and the coalowner's share, or most of it; and what the miner does not find, the consumer of domestic coal will find, because the coalowner will pass on the charge.

That brings me to another very important aspect of the increased contributions. In the past, when industry was of an entirely different character, it was much more difficult to persuade the employers to pay increased contributions than it is now. In the past, the employers often had to find the increase out of their revenue, but in recent years there has been such a change in the character of industry, and the employers have got so much more control over the prices of their products, that if there is any increase in the cost of production on account of the social services, they can at once pass on the increase. If the costs of the railways are affected, the railway companies either come to the House or go to the Railway Rates Tribunal and get an increase in railway fares. The same thing is true of a vast number of monopolistic or semi-monopolistic concerns in the country which now have a legal or semi-legal power over the prices of their products, and are able to get back from the poor people, in their capacity of consumers, any increase in the cost of production resulting from a rise in the contributions towards the social services. Either as original contributors or as consumers of the products, the poor people have to find the overwhelming proportion of the burden of meeting these social services.

What the whole thing amounts to, therefore, is merely a redistribution among the working classes of the same amount of money, but of course, the redistribution has the intrinsic advantage, which we do not deny—and that, indeed, is why we are so enthusiastically in favour of the schemes—of providing to members of the working classes who are sick or aged sustenance which otherwise they would not get. But it would be a mistake to suppose that the increased amenity is not being provided out of the earnings of the working classes. I ask hon. Members who intend to take part in the Debate whether they can challenge those conclusions on the basis of facts. That is one of the reasons the Government are making these proposals at the present time. They hope to be able to introduce into the social services in war-time a revolutionary principle which would have been repugnant in peace-time. They hope to be able to use the emergency of the war as an excuse for not putting an immediate charge upon the Treasury. By so doing, they are preparing the way so that if any further increase in pensions is made, it will be made entirely at the expense of the working classes. I submit that it will not be enough for the Minister to say that by this means and that means the Treasury will find some proportion of the increase. The point is that the amount which the Treasury will find will be unknown.

What the right hon. Gentleman will have to do is justify a departure from the existing practice of tripartite contributions. The principle of tripartite contributions has this merit, that whereas the original contributions by the workmen and the employers almost wholly fall upon the workmen in one way or another, that part of the revenue which is found by the State contributions can be recruited from the tax-paying population. It can be a charge upon the rich; it can in many ways effect a redistribution of wealth. That is the reason we have always demanded it. It is no credit to the Government that an insurance scheme is brought forward which mobilises the resources of the poor in order to pay 10s. a week to some workers.

On a point of Order, Sir Dennis. Is not the hon. Member going outside the terms of the Amendments and making a Second Reading speech?

I have been listening vary carefully to the hon. Member, and although he has made occasional remarks which were a little wide of the Amendments, I think his main argument has been in Order.

I must say that in all my Parliamentary experience I have never listened to a speech that was more relevant than mine now is. I do not know what type of speeches we shall be able to make—

I was simply pointing out that the hon. Member need not have raised the point of Order. When it comes to the financing of social insurance schemes, strict regard should always be had to the fact that the necessity for those schemes, in the first instance, arises out of the impoverishment of the working classes. If the people were not too poor to provide for their own old age, they would not need these schemes. Millionaires do not come to the House to ask for insurance schemes. When poor people ask for the payment of increased pensions, or the lowering of the age at which pensions are given, they do so because they have no resources. The proposals of the Government diminish the resources which these people already possess. That is why hon. Members on this side always insist that the Budget should be used as a means of financing an improvement in the social services out of the taxation of the well-to-do members of the community in order to redress the inequalities that exist.

It is for this reason that we object, not to the fact that the contributions have to be paid—although I object to any contributory scheme because I consider that it violates a first principle to which I think attention ought to be given—but to the fact that the proposals make a profound departure from the traditional history of our social services and the reason the people of this country want an extension of the social services. It is true that if contributions are taken from some members of the working class and distributed in the form of pensions to others, the same amount of income is spread out more thinly over the whole line. That brings about a greater equality between the people, but it is an equality which takes everybody downwards, whereas if there were increased revenue from the State at the disposal of the scheme, it would raise the general level of the working class. That is why I say to the Minister that we are not grateful for the Measure. We have to find the money for it. It is a Measure which, in its present form, could have been brought forward years ago, and now it has been brought forward, the Government are using the psychology of war conditions in order to introduce principles which are repugnant to all of us. Unless we resist them now, later on any further improvement in the social services will have to be financed entirely out of the incomes of the poor, and we shall then lose the leverage which the social services give us in bringing about a more effective redistribution of the wealth of the community.

5.0 p.m.

The few remarks that I wish to make on these Amendments refer to the contribution that insured women are to pay. I cannot see, unless my right hon. Friend can give us chapter and verse with regard to actuarial calculations, why a woman should be called upon to pay 2d. a week while a man only pays 1d. I am excluding in both cases the employer's contribution. The women are to pay 2d. out of probably much smaller wage levels than those that the men enjoy. Before the Bill was introduced unmarried women were most dissatisfied with the fact that, after all their contributions, their pension was not payable till 65, and they strongly felt that they were not getting the same pro rata benefit from their contributions that the married people were getting, and now when their pensionable age is being dropped from 65 to 60, the married women's pensionable age is similarly dropped, and they see themselves being called upon to pay twice the rate that the men pay. I know that there is a strong feeling of dissatisfaction among them. I have a strong feeling of uneasiness, and I hope the Minister will be able to give us statistics which may reconcile us to this charge of 2d. a week out of the women's own pockets as compared with 1d. out of the men's pockets.

5.2 p.m.

I am not so much concerned with the fact that the men are called upon only to pay 2d. and the women 3d. What I am concerned with is the fact that the Government told the women, "We are giving you a pension at 60," and they are not giving it at all. They are calling upon the women to pay the whole cost of the pension. That is the injustice and the grievance that we feel. It does not seem a very serious matter to argue about 1d. a week and, as a matter of fact, I am quite prepared to advocate increased contributions if we get a reasonable and proper pension scheme, but this scheme is so small that we feel that women are being cheated and deluded by being told that they are getting a pension when they have to pay the whole cost themselves. Not only are the Government paying none of the cost, but, in the division between the women and the employers also, women are being treated on a worse basis because they have to pay two-thirds of the cost and the employer only pays a third, while, where the men are concerned, the employers are paying a half. Why should there be this discrimination?

But I want to deal with the case of the younger women. There is another grievance here. A very large proportion of young women will pay into this for years and never draw anything. The Government are doing their best to remedy that grievance, because, if the war goes on and another two or three million young men of marriageable age are killed, the women can look forward to qualifying for this old age pension, but we will hope that that will not take place and that a sufficient number of men will be saved to prevent them from the need of drawing the pension. The extra 2d. a week may not appear very much for them to pay, but it is like the last straw that breaks the camel's back. They are already paying contributions, and, with the low wages that many women earn, particularly in trades such as the Parliamentary Secretary knows about in Dundee, they will find it a fairly heavy contribution. Those are the points I wished to make. The women are being deluded because the Government are not giving them pensions—they are giving themselves the pensions—and also that the proportion between the employer and the worker is unequal in the case of the women.

5.6 p.m.

I want to stress the point that my hon. Friends have made that we are not opposing increased contributions at this juncture if we get in return adequate pensions for our people. We have 150,000 miners in Yorkshire. The 2d. a week contribution will amount to £1,250. It has gone forth that this is going to be equally shared between the miners and the mineowners. I heard it put at one meeting that, because the owners were so few and the miners so many, it was a good thing on the side of the mineowners. My reply was that the owners may be few and the miners many, but at the end of life the mine-owner has generally left about £500,000. Let us see how this £1,250 a week is going to be shared out. Under the miners' wage ascertainment, all the costs other than wages are first deducted from the proceeds of the industry. That permits this £1,250 to be deducted before the miners have a penny of wage consideration. In effect we are to have this £1,250 shared out in this manner—£1,080 to the workers and £170 to the owners. Further, the fact that the Government are bearing no share of this in the early years makes the levy upon the miners much greater. The right hon. Gentleman said he hoped to show that the Govern- ment were going to make their contribution. It would be wrong for me to anticipate, but, if the suggestion is that the Government by way of supplementation are to have a financial burden imposed upon them, we say that they are very belated in taking on that burden. Too long have the industrial districts borne the burden for the Government, and I feel that they ought to be ready to do it and not impose this levy upon the industry, and particularly the workers. We are in favour perhaps, in the circumstances that we have at present, of meeting our share of contributions if we can get adequate pensions, but we are dubious whether these pensions will go to the people who want them, and that is why we support the Amendment.

5.10 p.m.

It was my intention to allow everyone who wished to do so to speak. I have no desire whatever to avoid the argument and Debate which will be necessary if we are to bring the Bill through Committee with the assent of all Members instead of one or other section feeling that they have been voted down by a majority which has not fully appreciated the arguments that they have put forward. [Interruption.] It is from that side that I hope to draw my majority, not this side.

Does the right hon. Gentleman seriously think that his friends will have an opportunity of appreciating his arguments if they are not here?

I am sure the hon. Member will appreciate my arguments if he will listen to them. The Debate, of course, has placed us in a slight difficulty, since it is nominally on a Motion that all contributions whatever should be remitted, though during the Debate the argument is also carried on that a certain type of contribution, that in respect of women, should be reduced by a penny. Therefore we sometimes find rather contradictory arguments advanced from the other side, sometimes in the same speech.

The right hon. Gentleman is entirely unjustified in making that remark. It arises entirely out of the Chairman's permission that the two Amendments should be taken together. If there is an apparent contradiction, it is a formal one arising out of that fact.

I hope to show from the hon. Member's own speech that he is in error in that. He advanced the argument that the contributions should be lower, saying at the same time that he himself was opposed to any contributory scheme at all, and subsequently arguing that the contributions were all paid by the workers anyhow, so that it did not really matter whether they were found on one side of industry or the other. [Interruption.]I do not think so. If he reads his own speech, he will find that to be true. We want to consider, first of all whether there should be an improved pension or not, because the hon. Member for Westhoughton (Mr. Rhys Davies) seemed rather doubtful about it. He said, "You will find that wages will come down by the amount of the pension in the case of certain people. How much more so in the case of women?" The Committee can dispose of that argument, because time and again during the Second Reading Debate on all sides of the House it was said, "We welcome Part I of the Bill." Can we take it, first of all, that the Committee is agreed that it is a good thing that the pension should be paid and that it should be paid at a lower age than at present? [Hon. Members: "Agreed."] Proceeding from that, we come to the question whether there should be contributions or not, and, if so, by whom—employer, employed, and the State. I take it that the Committee generally is agreed that the principle of contributions should be accepted. We now proceed to the question, first of all, Are the contributions which are being asked for fair in themselves and, secondly, are they properly distributed? That I conceive to be the real purpose of the two Amendments and the discussion that we have had. I hope I have carried the Committee with me so far. The question, first of all, as everybody, I think, agrees, is whether there should be contributions from employers, employed, and the State. Hon. Members opposite have said that the State is not making here any contribution, but it is stated in the Government Actuary's report, which is in no way a party report, of course, that the State is making a contribution.

Perhaps the right hon. Gentleman will forgive me, but on page 9 it will be seen in the Actuary's re- port that in the scheme as enlarged by the Bill the excess of expenditure over income falling on the Exchequer for the next two years is £50,200,000 and £52,500,000. If we turn to page 7, we find that the figures given for the existing scheme are £50,500,000 and £52,600,000. So that in the enlarged scheme the figures are very nearly the same. What we charge the Minister with is that the State is not contributing anything additional in the next two years to meet the additional financing of the scheme.

That is, indeed, a point to which the Committee must address itself, and it was raised in some detail by the hon. Member for Ebbw Vale (Mr. Bevan). I would refer the Committee to page 6 of the report, where it is pointed out quite clearly:

"The actual machinery of the Exchequer grants for pension purposes under the existing scheme is as follows:
(a) An annual grant is made to the Treasury Pensions Account out of which pensions up to age 70 are paid…The Exchequer contributions to the Treasury Pensions Account are intended to make good the excess of estimated expenditure over estimated contribution income over a series of years…"
That, I submit to the Committee, is a justification for my contention that the Government here are making no departure in the practice of previous years—the practice which has been followed all through the contributory scheme. We are financing this scheme, as on previous occasions, by moneys paid into the account over a series of years.

From that I take it that if the increase in contributions was not paid at the moment, the increased expenditure would entirely fall upon the Treasury?

No, I think the hon. Member is under a misapprehension. If the increased contributions were not now paid, the increased expenditure would fall entirely upon the balances at present to the credit of the fund. Obviously the balances would thereby be more quickly exhausted—the balances representing moneys from all three partners. These would, as I say, be more quickly exhausted. In that event the Government would either have to allow the scheme to go bankrupt—and it could hardly do that—or to come back to the House for authority to raise contributions. I think that we are agreed on that point.

This is really important. During the next two years, when the Government are extending the pensions to unmarried women at 60, and to the wives of insured men at 60, the Government, according to this report, are not adding a penny piece more to the total sum they are paying. True, they are paying towards the scheme, but our complaint is that the contributions in this case have to meet an additional expense embodied in this scheme.

Certainly, that can only be true if the finances of the insurance scheme were to balance year by year. The Government Actuary's report indicates that that is not so, and it never has been so. It is really most important that the Committee should grasp this point. I repeat that the scheme has been financed in blocks of years, and within those blocks of years it is not worked out on the narrow outgoings and incomings, but on an average. Later on the Government's, liability increases—no one denies that the Government's liability exists. The Government's liability matures and then the Exchequer's contributions will undoubtedly have to be paid. I hope I carry the Committee with me on that.

It will cost every woman in the next year 8s. 8d. for this scheme. Can the Minister tell us how much it will cost the Government in the same year?

I have already said that the Government do not contribute year by year. I think it would be unnecessary for the Committee to go into the actuarial refinements, but in the earlier stages of the scheme it will, speaking broadly, be financed by drawing on the existing balances, and in later years by a combination of increased contributions which will have to be made and made also by the Government. My justification is in a report, not a party statement, or a report of my own, but a report from the Government Actuary. It is a completely non-party document. It is a singularly clear document, and I think we have to take the opinion of experts on this matter. It brings out most clearly the fact that there will be a very considerable increase in the Government's contributions and that the Government's share of the pensions scheme will be carried out. It has been said that this is a departure from the tripartite arrangement. Not at all. The State is paying 6s. out of every 10s. of contributory pensions to-day, and it will have to pay in the same proportion in the future. The employers and the workers are being asked for an additional contribution of 2d. for men, and 3d. for women. But the State is undertaking a large liability also in these new pensions, and it will clearly be a substantial contributor. These facts are clearly stated in the Government Actuary's report.

Can the Minister tell me why, assuming the Government do take on a liability, the Government do not make a contribution in an equal arrangement? From the Minister's own point of view then it would lessen the future liability he is talking about. It would merely lessen the burden which in any way they will carry in the future.

No. The hon. Member will agree with me that nothing can be more irritating to the poor people than continually coming back for small additional contributions—say, ½d. this year, and 1d. or 1½d. the year after—instead of the contributions remaining steady over a long period. The employers' and workers' contributions will now remain steady, but the contributions from the State will rise. The Committee will agree that there is nothing more aggravating to hon. Members than they should have continually to explain small increases to their constituents.

The Minister seems to be in slight disagreement with the Chancellor of the Exchequer, who, during the Second Reading Debate, took great care to impress on the House how impossible it would be to consider any budgetary expenditure at the present time. He said:

"if pensions were to be improved, it must be done by increased contributions, and that with my responsibilities as Chancellor I could not agree to substantial sums being paid by the Exchequer for this purpose."—[OFFICIAL REPORT, 21st February, 1940; col. 1488, Vol. 357.]
The whole speech was that the Bill had been so designed as to prevent any substantial increase from the Exchequer and the speech of the Minister is designed to convince the Committee that the Chancellor of the Exchequer was wrong.

I think we find ourselves in a little difficulty if we go back again to the Second Reading. [Interruption.] I think the hon. Member for Ebbw Vale, does both himself and me less than justice in this matter. On the Second Reading we were discussing, as everybody knows, the great scheme involving heavy increases in contributions, admittedly brought forward by the party opposite and by the trade unions in their original plans. Clearly the Chancellor brought forward these arguments in discussing this general question. I am now debating what we admit to be a much smaller scheme than the scheme brought forward and turned down. I am discussing the scheme of Part I of this Bill, and I am doing my utmost to address myself to it. I hope I have carried the Committee with me in these three things—first that we should have a lowering of the pensions age, secondly, that we should do that by a contributory scheme, and, thirdly, that the contributions to the scheme should be shared. The three parties to the scheme, I think we also agree, should be employers, employed, and the State.

I have addressed myself at some length, but not without certain co-operation by the Committee, to the question whether the State is, indeed, finding a contribution to the scheme. I hope I have been able to make it clear why I believe the State is finding a substantial contribution. For the people who are immediately concerned, the sums which they are receiving are sums which have been derived from contributions over a much shorter time than the contributions payable by a person who has been contributing right through from entry into employment at the age of 16. There is no beneficiary who will not be in debt to the State and to the scheme, because the scheme is carrying all the people who have entered insurance in later years, and for whom the scheme has not received any of the contributions in the earlier years which are really required to make it balance. I hope I have dealt with the point put to me. It may well be that I have not fully succeeded in convincing the Committee, but within my powers, I have tried to face up to the important problem which the Committee has laid before us.

I now come to the question put by the hon. Member for South Bradford (Mr. Holdsworth) and the hon. Member for Central Bradford (Mr. Leach), which are not unrelated to the vigorous campaign undertaken by Miss White, who has seen a great amount of her ambition realised in a relatively short period of campaign- ing, a thing which comes to very few people. For that we should certainly give her recognition to-day. The hon. Member for Rusholme (Mr. Radford) brought up the same point, which was roughly this: Is it fair that the contributions in respect of the woman insured in her own right—and that applies to married as well as unmarried women—should be put at 3d. and that the contributions for the man should be put at 2d.? The question of the contribution by the woman insured in her own right has been the subject of debate in the House and outside. The discussions ended with the appointment of the Le Quesne Committee, and the question was settled by the committee's report. What we have to discuss now, therefore, is whether, granted that these contributions were reasonably fair at the introduction of this Bill, the practice of insurance has been disturbed and whether it has been departed from by the admitted fact that the woman insured in her own right is being asked for a contribution of 3d. whereas the man is being asked for a contribution of 2d. The argument has been brought forward that a fair deal has not been given to the unmarried woman because a 3d. contribution is being asked from her, while only 2d. is being asked from the man.

In this extremely complicated matter it is simpler to take one question at a time. I am now considering whether a fair contribution is being asked for a fair benefit. I am willing to discuss the question whether there should be a lower age for women than for men, but not at the moment. We have the uninsured woman who gets a pension in virtue of her husband's insurance and the insured woman who gets a pension in virtue of her own contributions. The answer to the question why the contributions are different is not difficult, and I think it will carry conviction to every Member. It is simply this, that the insured woman gets her pension at the age of 60 in virtue of her contributions, and the married woman gets it in respect of her husband's insurance at an age which averages not 60, but 62 to 62½. Clearly it is a fair thing to say that a pension at 60 should be paid for by a higher contribution than a pension at 62½.

I have, but I do not think the Committee will dissent when I say that by and large the Le Quesne Report said that the argument into which they had inquired in respect of spinsters did not bring out that they had a grievance.

May I contradict the right hon. Gentleman? Paragraph 42 says:

"A majority of us are also of opinion that, if the 17 per cent. method of allocation is accepted, the spinster who does not marry has a just cause of complaint in respect of the amount of her contribution towards the cost of the pensions under Item (d)."

That was the complaint of the spinsters as against the married women, and the hon. Member must read that passage in conjunction with paragraph 44 of the report and take into consideration also the considerable benefits and increases which are given to unmarried women. The fact is that if the actuarial charge were made upon spinsters for the pension at 60 they would have to pay a further 2½d. beyond the 8½d. In fact, the pension is being given on a reduced contribution rate. What I am asked is whether, starting from the basis of the Le Quesne Report, this change is justifiable and why should one set of women have to pay 3d. and another set—through their husbands—have to pay 2d.? The answer is that the first set of women are getting the benefit of a pension at 60 and the other set get the pension at 62 plus. An increased contribution has, therefore, been charged for an increased benefit, and I think the whole Committee will agree that that is fair. [HON. MEMBERS: "No."] At any rate, that is the reason for the increased contribution.

Ought not the right hon. Gentleman to take into account the number of spinsters who live and become 60 in comparison with the other groups of insured people? If that is taken into consideration, 3d. is unfair.

I think on that point the hon. Member would find himself at loggerheads with the hon. Member for West Fulham (Dr. Summerskill). I am willing to go into the argument as to the respective lengths of life of married women and single women, but I do not think it is necessary to do that.

I am afraid the right hon. Gentleman has missed my point. I was not talking about expectation of life. I was talking about the number of contributors who remain in insurance for a sufficient number of years to reach 60 and to receive a pension. So many for one reason or another drop out of insurance, and that ought to be taken into consideration.

I have no doubt that that factor has to be taken into consideration, but I would ask the hon. Member to realise what a great difference is made to it by the shortening of the period of insurance by five years, as we are doing. I do not think anybody will deny that fewer people will drop out of insurance if they can qualify at an earlier age.

I do not understand why the right hon. Gentleman has now adopted the principle of putting the sexes into two pools. He says that the spinster has to contribute 3d. because she is getting her pension at 60, and that a man contributes 2d. because his wife will not get her pension until 62 plus. That principle has never been adopted before. Spinsters have always contributed to the insurance pool, and they have had to pay for the man's widow and dependent children. Why has the principle now been changed so that there are two pools, instead of letting the man help the woman as the spinster has helped the man?

I am not sure that the hon. Lady has given full attention to the pamphlet of her own party on this subject. The principle of lower age for wives of insured persons was brought forward in that pamphlet, but a lower age for spinsters was left out altogether. The fact of the matter is that it so happens that by reducing the age of the married woman to 60 you do somehow or other hit on a group which brings in the largest number of wives. I have stated before, in the Debate on the Second Reading, that the proportion of cases in which husbands and wives both qualify for pension when the husband reaches 65 will, if this Bill is passed, be brought up from 28 per cent. to 63 per cent. For many years the question of lowering the age of the wives of insured men has been the subject of debate, and it has been generally agreed that if a way could be found to do that it would be a convenient thing to do. It was always recognised that if the age was lowered you would not give a pension to a woman at 60, but at 62 plus because the difference between the ages of men and their wives is a variable and not a fixed one.

I hope that I have now dealt with most of the arguments advanced. We are bringing forward an improvement in the pensions scheme, of the financial burden of which I hope I have been able to prove the State is bearing a new share, according to the rules of insurance schemes which have worked for many years. I hope I have proved also that the difference between the contributions exacted for uninsured wives and for women insured in their own right is reasonable and just having regard to the improved benefit which the women insured in their own

Division No. 28.]

AYES.

[5.7 p.m.

Acland-Troyte, Lt.-Col. G. J.Elliot, Rt. Hon. W. E.Loftus, P. C.
Align, Lt.-Col. Sir W. J. (Armagh)Ellis, Sir G.Mabane, W. (Huddersfield)
Amery, Rt. Hon. L. C. M. S.Elliston, Capt. G. S.MacAndrew, Colonel Sir C. G.
Anderson, Rt. Hn. Sir J. (Sc'h Univ's)Emery, J. F.McCorquadale, M. S.
Anstruther-Gray, W. J.Emrys-Evans, P. V.MacDonald, Rt. Hon. M. (Ross)
Aske, Sir R. W.Entwistle, Sir C. F.McKie, J. H.
Astor, Viscountess (Plymouth, Sutton)Erskine-Hill, A. G.Margesson, Capt. Rt. Hon. H. D. R.
Baxter, A. BeverleyEtherton, RalphMarkham, S. F.
Beauchamp, Sir B. C.Everard, Sir William LindsayMason, Lt.-Col. Hon. G. K. M.
Beechman, N. A.Fildes, Sir H.Mayhew, Lt.-Col. J.
Bennett, Sir E. N.Findlay, Sir E.Meller, Sir R. J. (Mitcham)
Bernays, R. H.Fox, Sir G. W. G.Mills, Sir F. (Leyton, E.)
Blair, Sir R.Fremantle, Sir F. E.Mitchell, Col. H. (Brentf'd & Chisw'k)
Boles, Lt.-Col. D. C.George, Major G. Lloyd (Pembroke)Moore-Brabazon, Lt.-Col. J. T. C.
Boom, A. C.Gibson, Sir C. G. (Pudsey and Otley)Morgan, R. H. (Worcester, Stourbridge)
Boulton, W. W.Gilmour, Lt.-Col. Rt. Hon. Sir J.Morris, J. P. (Salford, N.)
Braithwaite, Major A. N. (Buckrose)Gledhill, G.Morris-Jones, Sir Henry
Briscoe, Capt. R. G.Goldie, N. B.Morrison, G. A. (Scottish Univ's.)
Broadbridge, Sir G. T.Gower, Sir R. V.Morrison, Rt. Hon. W. S. (Cirencester)
Brocklebank, Sir EdmundGraham, Captain A. C. (Wirral)Nall, Sir J.
Brown, Rt. Hon. E. (Leith)Gridley, Sir A. B.Neven-Spence, Major B. H. H.
Brown, Brig.-Gen H. C. (Newbury)Grigg, Sir E. W. M.Nicolson, Hon. H. G.
Bull, B. B.Gritten, W. G. HowardO'Neill, Rt. Hon. Sir Hugh
Butcher, H. W.Hacking, Rt. Hon. Sir D. H.Orr-Ewing, I. L.
Campbell, Sir E. T.Hambro, A. V.Palmer, G. E. H.
Carver, Major W. H.Hammersley, S. S.Peters, Dr. S. J.
Cary, R. A.Harbord, Sir A.Pickthorn, K. W. M.
Cazalet, Thelma (Islington, E.)Harland, H. P.Ponsonby, Col. C. E.
Cazalet, Major V. A. (Chippenham)Haslam, Henry (Horncastle)Pownall, Lt.-Col. Sir Assheton
Channon, H.Hely-Hutchinson, M. R.Pym, L. R.
Chapman, A. (Rutherglen)Heneage, Lieut.-Colonel A. P.Raikes, H. V. A. M.
Chorlton, A. E. L.Hepburn, P. G. T. Buchan-Ramsbotham, Rt. Hon. H.
Christie, J. AHill, Dr. A. V. (Cambridge U.)Rawson, Sir Cooper
Clarry, Sir ReginaldHolmes, J. S.Reed, Sir H. S. (Aylesbury)
Colfox, Major Sir W. P.Harsbrugh, FlorenceReid, J. S. C. (Hillhead)
Colman, N. C. D.Howitt, Dr. A. B.Rickards, G. W. (Skipton)
Colville, Rt. Hon. JohnHudson, Capt. A. U. M. (Hack., N.)Robertson, D.
Courtauld, Major J. S.Hudson, Rt. Hon. R. S. (Southport)Robinson, J. R. (Blackpool)
Courthope, Col. Rt. Hon. Sir G. L.Hume, Sir G. H.Ross Taylor, W. (Woodbridge)
Craven-Ellis, W.Jarvis, Sir J. J.Royds, Admiral Sir P. M. R.
Croft, Brig.-Gen. Sir H. PageKerr, Colonel C. I. (Montrose)Ruggles-Brise, Colonel Sir E. A.
Crooke, Sir J. SmedleyKerr, H. W. (Oldham)Russell, Sir Alexander
Crookshank, Capt. Rt. Hon. H. F. C.Kerr, Sir John Graham (Sco'sh Univs.)Salt, E. W.
Cross, R. H.Keyes, Admiral of the Fleet Sir R.Salter, Sir J. Arthur (Oxford U.)
Cruddas, Col. B.Knox, Major-General Sir A. W. F.Samuel, M. R. A.
Culverwell, C. T.Lamb, Sir J. Q.Sandeman, Sir N. S.
Davies, Major Sir G. F. (Yeovil)Lambert. Rt. Hon. G.Schuster, Sir G. E.
De la Bère, R.Leech, Sir J. W.Scott, Lord William
Denman, Hon. R. D.Leighton, Major B. E. P.Selley, H. R.
Denville, AlfredLevy, T.Shaw, Major P. S. (Wavertree)
Doland, G. F.Lewis, O.Shaw, Captain W. T. (Forfar)
Duckworth, W. R. (Moss Side)Liddall, W. S.Shepperson, Sir E. W.
Duncan, Rt. Hon. Sir A. R.Lipson, D. L.Simmonds, O. E.
Edmondson, Major Sir J.Llewellin, Colonel J. J.Simon, Rt. Hon. Sir J. A.

right are to get. I hope it will be possible now to pass from this important and interesting aspect of the Bill. There are a great many subjects to discuss, and I hope we shall be able to discuss them in the same reasonable manner as we have been able to discuss this important point.

Question, "That the words proposed to be left out, to the word "threepence" in line 16, stand part of the Clause, put, and agreed to.

5.45 p.m.

I beg to move, in page 2, line 16, to leave out "threepence" and to insert "twopence."

Question put, "That the word 'threepence' stand part of the Clause."

The Committee divided: Ayes, 201; Noes, 142.

Sinclair, Col. T. (Queen's U. B'lf'st)Taylor, Vice-Adm. E. A. (Padd., S.)Wayland, Sir W. A.
Smiles, Lieut.-Colonel Sir W. D.Thomas, J. P. L.Webbe, Sir W. Harold
Smithers, Sir W.Thomson, Sir J. D. W.Wells, Sir Sydney
Somervell, Rt. Hon. Sir DonaldTouche, G. C.White, Sir Dymoke (Fareham)
Somerville, Sir A. A. (Windsor)Train, Sir J.Williams, C. (Torquay)
Southby, Commander Sir A. R. J.Tree, A. R. L. F.Williams, Sir H. G. (Croydon, S.)
Spears, Brigadier-General E. L.Tryon, Major Rt. Hon. G. C.Wolmer, Rt. Hon. Viscount
Spent, W. P.Tufnell, Lieut.-Commander R. L.Womersley, Sir W. J.
Storey, S.Walker-Smith, Sir J.Wragg, H.
Strauss, H. G. (Norwich)Wallace, Capt. Rt. Hon. EuanWright, Wing-Commander J. A. C.
Strickland, Captain W. F.Ward, Irene M. B. (Wallsend)Young, A. S. L. (Partick)
Stuart, Rt. Hon. J. (Moray and Nairn)Wardlaw-Milne, Sir J. S.
Sueter, Rear-Admiral Sir M. F.Warrender, Sir V.TELLERS FOR THE AYES.—
Tasker, Sir R. I.Waterhouse, Captain C.Mr. Grimston and Mr. Munro.

NOES.

Acland, Sir R. T. D.Harris, Sir P. A.Pearson, A.
Adams, D. (Consett)Harvey, T. E.Pethick-Lawrence, Rt. Hon. F. W.
Adams, D. M. (Poplar, S.)Hayday, A.Price, M. P.
Adamson, Jennie L. (Dartford)Henderson, J. (Ardwick)Pritt, D. N.
Adamson, W. M.Henderson, T. (Tradeston)Quibell, D. J. K.
Alexander, Rt. Hon. A. V. (H'lsbr.)Hicks, E. G.Richards, R. (Wrexham)
Ammon, C. G.Hills, A. (Pontefract)Ridley, G.
Anderson, F. (Whitehaven)Hollins, A. (Hanley)Riley, B.
Attlee, Rt. Hon. C. R.Hollins, J. H. (Silvertown)Ritson, J.
Banfield, J. W.Horabin, T. L.Robinson, W. A. (St. Helens)
Barnes, A. J.Isaacs, G. A.Sexton, T. M.
Barr, J.Jackson, W. F.Shinwell, E.
Batey, J.Jenkins, A. (Pontypool)Silkin, L.
Beaumont, H. (Batley)Jenkins, Sir W. (Neath)Silverman, S. S.
Bevan, A.Jones, A. C. (Shipley)Sloan, A.
Broad, F. A.Jowitt, Rt. Hon. Sir W. A.Smith, Ben (Rotherhithe)
Buchanan, G.Kennedy, Rt. Hon. T.Smith, E. (Stoke)
Burke, W. A.Lansbury, Rt. Hon. G.Smith, Rt. Hon. H. B. Lees- (K'ly)
Cape, T.Lathan, G.Smith, T. (Normanton)
Charleton, H. C.Lawson, J. J.Sorensen, R. W.
Chater, D.Leach, W.Stephen, C.
Cluse, W. S.Leonard, W.Stewart, W. J. (H'ght'n-le-Sp'ng)
Cocks, F. S.Leslie, J. R.Stokes, R. R.
Collindridge, F.Lunn, W.Strauss, G. R. (Lambeth, N.)
Cove, W. G.Macdonald, G. (Ince)Summerskill, Dr. Edith
Daggar, G.McEntee, V. La T.Taylor, R. J. (Morpeth)
Davidson, J. J. (Maryhill)McGhee, H. G.Thorne, W.
Davies, R. J. (Westhoughton)MacLaren, A.Thurtle, E.
Davies, S. O. (Merthyr)Maclean, N.Tinker, J. J.
Dobbie, W.Mander, G. le M.Tomlinson, G.
Dunn, E. (Rother Valley)Marshall, F.Viant, S. P.
Ede, J. C.Mathers, G.Walkden, A. G.
Edwards, A. (Middlesbrough E.)Maxton, J.Watkins, F. C.
Edwards, Sir C. (Bedwellty)Messer, F.Watson, W. McL.
Edwards, N. (Caerphilly)Milner, Major J.Wedgwood, Rt. Hon. J. C.
Evans, D. O. (Cardigan)Montague, F.Welsh, J. C.
Foot, D. M.Morgan, J. (York, W.R., Doncaster)White, H. Graham
Frankel, D.Morrison, R. C. (Tottenham, N.)Whiteley, W. (Blaydon)
Gardner, B. W.Mort, D. L.Wilkinson, Ellen
George, Megan Lloyd (Anglesey)Muff, G.Williams, E. J. (Ogmore)
Gibson, R. (Greenock)Nathan, Colonel H. L.Williams, T. (Don Valley)
Green, W. H. (Deptford)Naylor, T. E.Wilson, C. H. (Attercliffe)
Griffith, F. Kingsley (M'ddl'sbro, W.)Noel-Baker, P. J.Windsor, W. (Hull, C.)
Griffiths, J. (Llanelly)Oliver, G. H.Woodburn, A.
Hall, G. H. (Aberdare)Owen, Major G.Woods, G. S. (Finsbury)
Hall, J. H. (Whitechapel)Paling, W.Young, Sir R. (Newton)
Hall, W. G. (Colne Valley)Parker, J.
Hardie, AgnesParkinson, J. A.TELLERS FOR THE NOES.—
Mr. Groves and Mr. John.

Motion made, and Question proposed, "That the Clause stand part of the Bill;"

5.55 p.m.

I understand that an Amendment which I had put down—in page 3, line 6, to leave out from "Act" to the end of the Clause—is out of Order, and on this Motion "That the Clause stand part," I wish to raise one or two questions which I had hoped to discuss on my Amendment. Sub-section (6) of the Clause rules out from the provisions of Part I of the Bill the special contribu- tors who were dealt with in the Act of 1937. This Clause deals solely with Part I of the Bill, and all that I can read into the words which appear at the end of Clause 1 is that these special contributors are excluded from Part I; but the Financial Memorandum to the Bill says:

"Clause 1 (6) provides that the special contract embodied in the Widows', Orphans' and Old Age Contributory Pensions (Voluntary-Contributors) Act, 1937, with the special class of so-called 'black-coated workers' is not to be affected by the provisions of the Bill."
I wish to ask the Minister of Health whether the Financial Memorandum is correct in its entirety or whether my reading of the words is correct, and that it is only from Part I of the Bill that these special contributors are to be excluded? It is a very important point. I appreciate the point that as the Bill stands, the special contributors do not get the advantage of the lowering of the pension age for women from 65 to 60 which is given to ordinary contributors. Whether they are spinsters or the wives of men contributors, they remain precisely as they were, with the understanding, of course, that if they themselves are ordinary contributors and their husbands are special contributors that then they do get the benefits of Part I of the Bill. Part II of the Bill deals with supplementary pensions, and I have not discovered anything in the Bill itself which shows that these people are to be excluded from getting supplementary pensions. If the Financial Memorandum is correct they are excluded not only from Part I but from Part II. Perhaps the Minister will make clear which position is correct.

The second point I wish to raise is also one upon which, I imagine, there is a certain amount of confusion in the country. The Minister has really answered the point in a reply to a Question which I put on Thursday, 15th February, but I think it will be for the benefit of voluntary contributors if he will tell us precisely which of the voluntary contributors do get the benefit of Part I and which do not, because in spite of his answer to my Question I think there is still a certain amount of confusion. Although I have studied the matter a little more closely, perhaps, than some other people I myself am not quite clear exactly how things stand.

A third point which I put is one of substance. Why has the Minister taken this course? I appreciate that the fact that the special voluntary contributors who are brought into a scheme of insurance by the Act of 1937 are on a different footing from the ordinary contributors, but I thought the object of the Act of 1937 was to enable persons who were not insurable under the terms of the principal Act to get the same effective benefits. It would be rather a retrograde step to place them outside the advanages of Part I of the Bill, which is being brought forward to assist other contributors. I realise that contributions paid by the special voluntary contributors are of a much more complicated character than those which are being paid by the contributors under the principal Act. They are taken by the age of entry, and the additional contributions are paid at varying rates; but still the object of that Act, I thought, was to arrange contributions so that in effect entrants paid at one and the same time not only their own and the employers' contribution but to a large extent the State contribution. That may not be wholly the case, but I thought that in part that was the intention which was to be carried out by the Schedule to that Act.

It would be a degree of hardship it there were two women contributors—I will take the case of spinsters, as I suppose they will appear most commonly in this category, possibly two voluntary contributing spinsters—who for many years had been contributing and both thinking that they would be on the same footing when they reached a certain age. One of them finds that she is included and the other that she is excluded under this provision that pension will begin at 60 years of age. I want to know whether it is the intention of the Government permanently to exclude these special voluntary contributors or whether these contributors are left out of the Bill merely because it is a rather complicated matter. Is it the intention of the Government to introduce subsequently a small Bill dealing with them in particular and bringing them in on special terms? If the latter is the case, I do not quite see why it should not have been done at one and the same time in this Bill. If it is not to be done at all, I cannot help thinking that it is a blot on the Bill.

This Part I has a very large amount of support on all sides of the Committee; and the omission of this category of women will create a certain amount of dissatisfaction among spinsters whose agitation was partly responsible for the Bill appearing before us at all. I do not know how far those who were responsible for the spinsters' agitation have been consulted, and I do not know what sort of numbers are involved, but no doubt the Ministry of Health will have the information and will be able to tell us how large is the number of women voluntary contributors under this special scheme. Even though the number were small, I should have thought it was unwise to create a differentiation that might give rise to a great deal of trouble in future years. It is not necessary for me to go any further with the matter. After other points have been put I shall no doubt receive a reply from the hon. Lady. I shall be glad if she will elucidate this matter, not only for the benefit of this Committee, but in order to put on record a statement of the facts which will be remembered and referred to on future occasions.

6.6 p.m.

As I have not had an opportunity of saying anything on the Bill so far, I would like to contribute a word or two upon the matters covered by Clause 1. I heartily welcome the action of the Government in bringing forward the proposal in the Clause in response to an overwhelming demand which has arisen in the country over a considerable period. It will be very greatly appreciated indeed, as I well know and as my own constituents have so often said to me. My only regret about it is that it has not been possible to reduce the age to 55. That would have been well worth while, and a much more satisfactory solution. Something is being done not only for married women but for spinsters too. While much has been said about the success of the spinsters' agitation, it is only fair to say that a comparatively limited number of spinsters will benefit by the Bill, which does not go a very long way in meeting the demands of the National Spinsters' Association. This body has been carrying on an active agitation. At any rate this is a beginning, and for that reason I am sure that the Bill is heartily welcomed.

I would call attention to one point and ask the Minister whether anything can be done about it. It has been put to me that a woman of 60 years of age dislikes very much the idea of being called an old age pensioner. Is it seriously suggested that people are in their old age when they are 60? If so, that is untrue and is a misuse of the expression, which was all right when the system was first started and you were dealing with people of 70 years of age and over. You then had, properly speaking, old age pensioners, but we have gone down to 65, and now we are getting down to 60. The Government should consider some other words to give a truer description of the real position and not hurt the feelings of people who are really in middle life and who do not merit the other description.

Another point is that some women who are now working in industry fear they may suffer in their employment, because it will become known to their employers when they have reached pension status by the discontinuance of their health and unemployment insurance. This point has been put to me, in particular connection with the jute industry in Dundee, which the hon. Lady who will reply to this discussion helps to represent so effectively. The matter should be taken into serious consideration. One can quite understand that women may suffer whose age is not realised, when it is discovered that their age is more than was actually believed. I call attention to these points in order to see whether anything can be done about them. The principles of the Clause are to be heartily welcomed. I hope they are only a step to a further move in due course in the same direction.

6.10 p.m.

I would endorse the contribution which the hon. Member for East Wolverhampton (Mr. Mander) has just made. It emphasises my point that women are neither worn out nor decrepit at 60 years of age. The hon. Member for South Bradford (Mr. Holdsworth) said that I was doing women a disservice; I have spent quite a lot of time in this House trying to promote the interests of women, and I would like to make it clear that all I am concerned about in this Bill is that men should also be regarded as worthy of a pension.

I want to say a word about the voluntary contributors. I am very concerned about their lot, because I feel that there is one category of woman who may suffer hardship. I am not thinking particularly of the spinster but of the married woman who is, let us say, the wife of a greengrocer in a little corner shop in a poverty-stricken road that has been evacuated. She may have become a voluntary contributor under the 1937 Act. It is a little hard on that woman, because discrimination is being made against her. I am not an actuary, but surely that special voluntary contributor might be asked to make an extra contribution on an actuarial basis now. The oldest of the women under the 1937 Act will not be 60 years of age for more than three years yet. I think I am right in that statement, and if so, there would still be three years of the extra contribution towards this pension. I ask the Government to consider, even at this late hour, this special category of woman who will not be brought under this scheme.

6.12 p.m.

Perhaps I might reply now to the points that have just been raised by the hon. Member for West Fulham (Dr. Summerskill). I was interested when she pointed out that she was hoping to get the age reduced to 60 for some women. I had thought before that she was thinking that women should not have the pension before the men.

She wants it for all. She has raised the case of the woman in the greengrocer's shop. This woman is a special voluntary contributor and the hon. Lady asks whether she should not be brought into the scheme. She asks also the number of women in the special voluntary scheme. The reason for not bringing these people in is that a special scheme was set up with a special contract and a special arrangement for contributions. There are 150,000 women in the special voluntary scheme. It is interesting to note that 85 per cent. of them are over 40 years of age. If additional contributions were to be asked from these women in order that they might get a pension at 60 years of age, the cost, I find, would be about 1s. 7d. a week, or an increase of more than three times the present contribution.

Can the hon. Lady give us any idea of the percentage of these women who have previously been in insurance?

These are in a different category and are special voluntary contributors. The ordinary voluntary contributors are those who have been in compulsory insurance and have gone into ordinary insurance as voluntary contributors.

The married woman was never able to become a voluntary contributor until 1937. How many of the 150,000 women have previously been in insurance?

I cannot tell the hon. Gentleman without notice, but I will try to get the answer for him. Under this Bill women who have gone into ordinary voluntary insurance enjoy the extended rights, but those about whom I am talking are in a special voluntary scheme and, as 85 per cent. came in over the age of 40, it would mean an enormous increase in the contributions because as the hon. Lady has suggested some of them would only have three years to run. To bring them in it would require a very much larger contribution.

The difficulty here is that this is a voluntary insurance scheme. It is not because they are segregated. It is an extremely good bargain for people to come into it in later life, but if they were to get a pension at 60 instead of 65 the contribution would have to be increased to such an extent that I do not think they would feel they were getting a good bargain. The right hon. Gentleman the Member for East Edinburgh (Mr. Pethick-Lawrence) then asked whether the exclusion of these special voluntary people would be permanent. I do not think that we can say anything here is permanent. Even the present pensions scheme with the age limit of 65 is not permanent, because we are reducing the age to 60. We hope to introduce improvements but for the time being I do not think we can bring in these special voluntary contributors.

I will now come to the points raised by the hon. Gentleman the Member for East Wolverhampton (Mr. Mander). He said that he did not like the expression "old age."

The hon. Gentleman thought that if it was reduced to 60 it should have another name.

I do not think it really matters; we must deal with age rather than status. Perhaps the hon. Gentleman will make some suggestions, but we must make it clear that from now on we are having a new type of pension, whatever the hon. Gentleman may like to call it. I think that whatever it is called the majority of the people will still look upon it as an old age pension.

The next point which was brought up by the hon. Gentleman was that many people would dislike the pension at 60 because it would show that they had reached the age limit. I was particularly interested because he referred to a letter from Dundee, my own constituency, in which letter it was said that the jute workers in Dundee are very interested in this matter. I think the probability is that the letter was sent by the Spinsters' Association. I have received a number of letters from Dundee—naturally, as my constituents have never been reluctant to express their opinion. I have noticed that the majority of them are in favour of this Bill. There was only one letter which differed from all the others, and that is the letter to which the hon. Gentleman referred; there was only one letter dealing with this point where the writer did not agree with the age of 60. I would add that it is the only letter which is anonymous; every other one was signed.

Not one of those great many dared put his or her name. I know the jute workers better. A great many individual jute workers have written to me and continue to write, but the only time that they have written in that strain they do not seem to have been able to put their names.

A point raised by the right hon. Gentleman the Member for East Edinburgh was in connection with the special voluntary scheme; he asked whether we realised that these people were excluded from Part I of the Bill and whether they were excluded from Part II also. The answer is that they are not excluded from Part II. If the right hon. Gentleman will turn to Clause 18, he will see the definition of "old age pension." The right hon. Gentleman knows that at the begin- ning of Part II anyone who has received an old age pension other than a blind pension will qualify for supplementation. In Clause 18 the definition of "old age pension" includes the 1937 Act, but it comes under the Pensions Acts, 1936 to 1939. So the answer is that they are included in Part II although they are excluded from Part I. Another point which the right hon. Gentleman raised was that he thought there was a misunderstanding as to the voluntary contributors. I can explain the scheme on which I have been asked one or two questions broadly like this. If a man or woman comes to the stage in insurance when he or she does not continue in insurable occupation, as we all know, there is a certain term during which they continue in insurance. If you have 104 contributions there is a free period up to 18 months or two years.

At any rate, you can get over 18 months. Having reached that stage, the individual may enter voluntarily into the ordinary insurance scheme and pay the full contribution, but he must do that before his free period is finished. He is given notice that his free period will end on a certain date, and before that date he must give notice if he wishes to become a voluntary contributor. He then enters the scheme as a voluntary contributor.

Is it not also the fact that there is another class of person in this original scheme under the principal Act who fall out of the scheme by virtue of the fact that their wages exceed the maximum for non-manual workers? Those people, I gather, are in the voluntary scheme and not in the special voluntary scheme. Is that right?

Yes. If they have been in an insurable industry and either go out of the industry or out of the area of the wages limit they can then go into the ordinary insurance scheme. If they have not that qualification the only other insurance scheme is the special voluntary insurance scheme.

I agree entirely with the hon. Lady as regards the male member, but could she explain the position with regard to the female member, whether married or unmarried?

The only difference with regard to a female member is that a married woman cannot go into voluntary insurance for health rights but only for pension rights.

Is it not the fact that she has only been able to go into voluntary insurance for pension purposes since 1937?

I thought the hon. Gentleman's question was addressed to the law as it is now. That is as it is at the present time. The only difference is that a married woman can go into voluntary insurance for pensions rights but not for health rights.

If I may follow this point for a moment, the hon. Lady said that it was based upon an actuarial computation and that it would cost too much. What I want to know is this: A number of people who are in this special scheme and who have come in since 1937 were previously insured but fell out of insurance as married women because they were unable to become voluntary contributors as married women. I would like to know how many had previously been in insurance.

I do not think it would be possible to give a definite answer to that, because some of these people have had nothing to do with previous insurance, and have come into this scheme as new contributors. If it is possible to trace their history with regard to insurance, I will go into the matter, and if I can obtain any figures I will give them. I hope I have now answered the questions which were put and that I have made them clear.

6.27 p.m.

One Clause in this Bill with which I agree is Clause 1. The reduction in the age for receiving a pension from 65 to 60 is, in my opinion, a step in the right direction. The only complaint I have is that it does not give a higher pension than 10s. a week. However, the Clause has removed an anomaly which has caused a good deal of hard- ship during the last few years. It is more in accordance with some of the Old Age Pensions Acts which are in operation in the various Dominions. In Australia a man receives the pension at 65 and the woman at 60. As to this part of the Bill, there is not much complaint from this side. I hope the hon. Lady will be able to get out the figures which have been asked for by the hon. Gentleman the Member for Farnworth (Mr. Tomlinson), because it has an interesting bearing on what we term the special section of voluntary contributors.

I can foresee the time when there will be a demand for extending the benefits of this Clause to the special voluntary contributors. I can quote a case. In my case I paid from the inception of the National Health Insurance Act and I am pleased to say that for many years, in an industry where the work was hard, I never needed to draw any national health benefit, and I did not complain. I have always believed in national health insurance and friendly societies, and I think it is better to be able to pay and not draw benefit because by drawing benefit one does not have better health than one otherwise would. Many people did not realise that attached to the National Health Insurance Act there would be a pensions scheme. Although sometimes we are known as shrewd Yorkshiremen, some of us neglected to become voluntary contributors, and many people who were similarly fixed were wise enough to come into this special scheme. There must be in the country a large number of married women, and I can also visualise unmarried women, who in the early days of the Act had continually paid contributions, and then found they were handicapped because they were married to or subsequently married men who were not in insured occupations. There must be thousands of such cases. It would be interesting to have the information that has been asked for. Additional weight is given to that request by the fact that it will be necessary, sooner or later, to amend the special contracts scheme. A good many who came into that scheme were contributors; and they, to some extent, built up the financial structure of the scheme. Whatever criticism we may have to offer on this part of the Bill, I, personally, welcome Clause 1, and I think a good word should be said for it.

6.31p.m.

I have sat through most of the Debates on this Bill, and this afternoon's discussion has certainly not added to my satisfaction. The right hon. Gentleman's answer to the question as to why the Government have gone away from the old tripartite arrangement with regard to contributions has been far from satisfactory. At one moment I was prompted to ask the right hon. Gentleman why he could not be as frank with the Committee as the Chancellor of the Exchequer was when, with a frankness which was almost unique in the House of Commons, he told us that the Exchequer would not incur any additional liabilities. I feel that the whole Bill, and particularly Part I, is a mean, miserly contribution towards the solution of a great social problem. The hon. Lady the Parliamentary Secretary smiles at my description of the Bill, and particularly of Part I. She will perhaps forgive me for saying that I noticed that she was far less lyrical about it to-day than she was when she spoke at that Box last week. There may be an explanation.

The hon. Lady has told us, more than once, how pleased and proud the women of Dundee, in particular, will be when Part I becomes law. They may be pleased, but they cannot be proud. Nor has the Parliamentary Secretary much reason to be proud of a mean, pettifogging contribution of this kind. She knows that Part I will exclude tens of thousands of women who ought to be helped, and who would have been helped if the Government had had sufficient courage and sufficient interest in the well being of the elderly women of our country, and had produced a Bill that would mitigate a little the horrible difficulties with which so many of them are confronted to-day. What a miserable explanation was given with regard to these special voluntary contributors. Is it beyond the wit of even this Government to produce a Bill which would offer some help to these 150,000 women, 85 per cent. of whom are already over 45 years of age, and who are completely excluded from the effects of the Bill? I felt last week that the excessive enthusiasm of the hon. Lady was almost a wicked insult to the womenfolk of this country. I am satisfied, from my experience as an old trade union official, that of the considerable number of women in employment comparatively few will be covered by this Clause. Many will find that this 10s. a week will be regarded by their employers as a subsidy for wages.

The hon. Lady should not attempt to make capital out of the fact that any correspondence that any hon. Member receives on this subject from working men and women is anonymous. To divulge a worker's name in a case of this kind would mean certain victimisation. I have seen too much of it. The hon. Lady smiles, in her complete ignorance of matters of this kind. No amount of rhetoric, no vast rhetorical pretensions about "these poor tired women," will bluff hon. Members on this side. This Bill is a mean Measure which will disappoint tens of thousands of women. In all that we have heard this afternoon, there is very little hope that those women will be assisted in the near future. The Bill is a reflection of the absence of any desire on the part of the Government to do anything for the womenfolk of this country. I am certain that when this Measure has been in operation for a few months, the hon. Lady will discover that, if the womenfolk of Dundee have not yet been disillusioned, they will be then.

Question, "That the Clause stand part of the Bill," put, and agreed to.

Clause 2—(Consequential Amendments Of Enactments Relating To Unemployment Insurance, And National Health Insurance)

6.40 p.m.

I beg to move, in page 3, line 10, to leave out:

"the Unemployment Insurance Acts, 1935 to 1939, and."
I think that the purpose of my Amendment is quite clear. The Bill provides that women, on reaching the age of 60, must be excluded from the provisions of the Unemployment Insurance Acts. My purpose is to keep them in. The Bill says that at 60 the woman ceases to contribute, and is no longer eligible for unemployment benefit. I should like whoever replies for the Government to give one reason to justify this arbitrary change in the unemployment insurance rights of women. This is a pensions Bill. There is nothing in the Title that deals with unemployment insurance, or any other kind of insurance. I know that these insurances and old age pensions are bound up together, but I do not understand why a pensions Bill should be used as an opportunity to alter the unemployment insurance law. If my Amendment is carried, a woman worker will be called upon to pay her contributions until she is 65. Women workers are perfectly willing to do this, as far as I can ascertain from my constituents and from my correspondence with women's organisations. A woman knows that at 60 her 10s. a week pension will not be enough to keep her free from the necessity of going to work, and she knows that at 60 her hold on a job will have become precarious. She will have reached a time when unemployment benefit is more important to her than ever it was before. That is the time selected by the Government to deprive her of it.

There is another danger which especially menaces the widows and spinsters of 60 in industry. Under this Clause, the employer will automatically be advised of each case in which a woman in his employment reaches the age of 60. Rightly or wrongly, these women fear that that will often mean the loss of their jobs; that the conscience of the employer will not be hurt quite so much when he sacks women of 60 if he knows that, from that time, she will be in receipt of a pension of 10s. a week. Do not forget that there are hundreds of thousands of women involved in this matter, and that over 100,000 are unmarried women, who believe their livelihood is at stake. I hope that, in putting the case as briefly as I possibly could, I have convinced the Minister that there is some reason for accepting this Amendment.

6.45 p.m.

I beg to support the Amendment. As I said the other day, it has been my lot to take a considerable part in this spinster agitation, and I know that they attach great importance to this particular Amendment. As my hon. Friend the Member for Central Bradford (Mr. Leach) has said, the fact that at the point when they pass out of Unemployment Insurance, their age is proclaimed to their employers and others, may militate very much against the continuance of their employment. I am not so sure that they are always as successful in disguising their ages as they think. It comes out one way or another. On one occasion the judge in a law court asked a lady witness her age, and she said it was 25. He then said, "We know the value now of your evidence, for I find from the records that you were here five years ago, and you gave your age as 25 then," to which she replied, "I am not one of those people who say one thing at one time and another thing at another." An Irish jarvey, on receiving an exceptionally gratuitous and generous tip, thought he must pay some compliment to the lady who had given it to him, so he said to her—the highest compliment he could pay—"Madam, I do not know what your age is, but whatever it is you do not look it." I suppose that when it comes to the point with which we are dealing, and when a lady worker comes forward to declare her age, the employer may say, "I would not have thought it. You do not look like it." But after she has been paid that compliment, she will be entered on the list of those who are in peril of losing their situation, because they pass into a new position.

I was addressing a meeting of spinsters in St. Andrew's Hall, Glasgow, and I received a letter, also anonymous, in which a working woman protested against the idea of giving pensions to spinsters at all on the ground that they would stand in danger of losing their occupation when they reached the age of 55 or 60, or whatever it might be. She said she could not sleep at all at nights because of the fear that, on the payment of the pension, she might lose her occupation. When I read the letter, I quoted a phrase which the hon. Lady the Parliamentary Secretary will know. It was:
"Ay waukin, O,
Waukin still and weary, O;
Sleep, I can get nane,
For thinkin' on my dearie, O!"
I did not add the words:
"For thinkin' on my dearie, O,"
as they are not quite applicable to the spinster. But it is a real peril. There are really two serious considerations which I wish to bring before the Committee. The first is that we cannot estimate the life expectancy or the power of work of a woman at 60, as compared with a man at 65, but there is a certain advantage in what we are considering. It might be found that many of these women at 60 were better able to go on working than a man at 65. At least we are lowering the age, and that raises the question.

The other serious consideration is one which I raise as one who has been closely connected with industry. For seven years and more as Member for Mother well, and for the last four years as Member for Coatbridge, I have been in purely industrial constituencies, and none could be more so. The lessons are very tragic of men who, on reaching the age of 65, find that, because they are entitled to an old age pension, they are dismissed their employment. There are a very large number of these men, and therefore it is not mere imagination on the part of those women. It is not something which comes only into their sleeping and waking dreams, as the letter suggests. It is a real peril, and it is on that ground that I gladly support the Amendment moved by my hon. Friend.

6.52 p.m.

I want to support the second consideration which has been brought to the attention of the Committee by the hon. Member for Coatbridge (Mr. Barr). It may be that these fears which are being felt by women engaged in industry are not as serious as they imagine, but there can be no doubt that there is some apprehension about the effect of this Clause. I have here a letter which I received from a number of Dundee jute workers, and I would like to read one passage of it, because it reinforces what the hon. Member has just said. They refer to a reference that was made in the Debate last week as to "tired women at 60,"and they go on to say:

"You may say we do not know any of them. All the women in our establishment are very capable, alert women and willing to work. We understand that it will affect women in the jute industry if employers and those in authority get to know when we are on pension. The very name of 'old age pensioners at 60' would make you feel uncomfortable. They might have given it a better name. We hope something can be done to keep our employers from knowing."
It may be that that is exaggerated, but I co not think it is without foundation in every case, and one can see the objection which might very well be made. I hope that this aspect of the matter has been considered by the Ministers in charge of the Bill, and that even if they cannot accept this Amendment they will consider whether they cannot amend the Clause before the Bill leaves the House of Commons. I do not know whether, if they cannot accede to the Amendment, they will be prepared to concede the possibility of giving women working in industry an option as to whether they take the pension or continue in Health and Unemployment Insurance. That would be an improvement. It would not damage the structure of the scheme, but would enable women who had apprehensions on these grounds, on reaching the age of 60, to avoid the consequences that they envisage. I shall listen with great interest to hear what is said about these apprehensions which are felt by women in Dundee and other places where a large number of women workers are engaged in industry.

6.55 p.m.

It is important that the Minister should consider the position of the women of 60 entitled to statutory benefit under the Insurance Acts. As the Bill is drawn, the woman of 60, instead of drawing statutory benefit, will be drawing 10s. a week pension. It may be said, if the 10s. is not enough, that the woman may be able to apply to the Assistance Board and obtain a supplementary pension. But she would, if she were allowed to continue under the Insurance Acts, continue drawing her full statutory medical benefit for at least 26 weeks. It seems strange to tell people at the age of 60, after they have been paying their full contribution into the National Health and Unemployment Insurance Schemes, that they can no longer draw 15s. Unemployment Benefit, but must draw 10s. a week old age pension. There is some substance in the point that has been made that, if this Bill is to benefit anybody at all, it should benefit them without injuring anybody.

6.57 p.m.

The points which have been raised on the Amendment have undoubtedly caused a great deal of interest and have been very carefully examined. They were in fact very carefully examined by the Le Quesne Committee, which was a body set up as a result of discussion in this House to go into the whole of these points. That Committee specifically examined both those points and came to very definite findings on each. In paragraph 128 it says:

"On the whole, we are disposed to think that, if the pension were, granted to spinsters at 55"—
mark you, a very much lower age than 60—
"they should cease, when they became recipients of the pension, to be insured, either in Health Insurance or Unemployment Insurance."
They also say most definitely, on the point raised by the hon. Member for Bradford, Central (Mr. Leach), and referred to by the hon. Member for Coat-bridge (Mr. Barr), and repeated by the hon. Member for Dundee (Mr. Foot), as to the fear of dismissal:
"Our conclusion is that, whilst the fears that 'undercutting,' or a general depression of women's wages, or the dismissal of spinsters at 55, or the reduction of wages of spinsters of 55, will follow from the granting of a pension to spinsters at 55 cannot certainly be treated as groundless, yet these possible dangers should not be regarded as an obstacle to the granting of such a pension, if the granting of it should appear to be desirable on other grounds."
This point had our very careful consideration, and more than that, it had the careful consideration of the expert committee sitting for some time considering this very problem, and I think that the result of their examination will be supported by Members of the Committee on the whole. It has been for a long time now the principle that people who come under the payment of these pensions are in general no longer within the industrial field. It is a point which is stressed rather emphatically by the Labour pension plan, the whole essence of which is that these pensions should not be granted to encourage people to remain in industry, but rather to encourage them to withdraw.

The proposals in the Labour pension plan for dealing with the spinster are, of course, much more drastic than the proposals in this Bill.

Surely, the Minister is not suggesting that these pensions payable to women of 60 should be an inducement to withdraw from industry as such. The Minister addressed us at some length on the Second Reading on the inequity of the work test.

The hon. Member is slightly incorrect in his recollection of what I said. At that time we were arguing whether the compulsory work test should be applied or not; the desirability of persons not continuing in work when they were no longer capable was a matter upon which we were all agreed.

What more stringent work test could there possibly be than a pension inadequate to support them?

The hon. Member does not fully grasp the argument or the proposals of the Bill. The suggestion here is the dangers to insured women—first, the danger that a pension might mean that their wages are undercut; secondly, that they might actually be dismissed; and, thirdly, that it means the employer will know the age of the worker. In the case of health insurance it was suggested that there might be some form of "wangle" by which people might go on paying for pension while, in fact, enjoying the pension. That would be so flagrant a matter that I do not think anybody will suggest it should be continued. Then there is the question as to the disclosure of the age.

If a disclosure of the age is accompanied by a continuance of benefit, the damage is less.

It is suggested that there is a peril if the age be known at all, but we cannot in any case have persons continuing to pay for pensions which they are already enjoying whatever happens, and, therefore, at the age of 60 a new insurance card of some kind or other would need to be issued to these persons. The fact that the expert committee examined this matter and reported that in their view the dangers do not outweigh the advantages should weigh with the Committee. Secondly, the universal practice in pension schemes that on reaching the pensionable age the insurance terminates, also should weigh with the Committee. It has been our practice for a long time, and the anomalies which would arise from going away from it are much greater than the anomalies which would be created if it continued to be followed. We shall all agree that in future we must work towards the idea that at the age of 60 these women will receive this State payment, which taken week by week is of much greater advantage than the temporary advantage which they gain by unemployment benefit payable for only a certain time, and then coming to an end.

There is some force in the suggestion that hardships may arise to some persons who have paid up their stamps when the Bill comes into force and find that they are not able at that time to draw unemployment benefit to an amount regarded as the condition of the contract entered into. Therefore, in a later Clause we have taken steps to deal with that matter and have inserted a provision by which a person who has been paying up to now, and who is looking forward to that as part of their right, will be fully safeguarded and will be able to draw the full benefit of the stamps on their book. I hope the Committee will agree with the Government that the practice that when the pension age is reached payment stops should be adhered to in this case.

7.5 p.m.

This is not a simple question at all, I agree. It is very complicated. The right hon. Gentleman has a good memory for certain portions of the Labour pension scheme, but a very bad memory for some of its other proposals. He has reminded us that it put the age at 55,but he did not say that the Labour proposals were for £1 a week pension, not 10s. Therefore, you are dealing with a very different proposition altogether. In dealing with a single woman, she may be in such a position as not to be able to receive any supplementary allowance, and the fact that she is 60 years of age may also penalise her for the future. I do not want to see anyone working who is in receipt of a pension, but I do not think this Committee should make it possible for a woman to have to depend on 10s. a week pension when she is employed and earning a passable wage. It seems to me that there is something in the Amendment and that we ought to be careful about applying the Unemployment Insurance Act and depriving these persons of certain benefits for which they have paid. I hope the Committee will not accept the explanation of the right hon. Gentleman as satisfactory.

7.7 p.m.

I cannot quite follow the reasoning of the right hon. Gentleman in his opposition to the Amendment. On a previous Amendment he told us that the Government had to be concerned with the actuarial position of the Bill and that it determined their attitude towards it. Now, in dealing with spinsters' pensions, he has referred to a committee and provided an argument against the case by quoting it. As a matter of fact, this has no reference to spinsters at all. Spinsters are incidental, and it seems to me that everyone is leaving out of account the married woman worker who is insured. I cannot understand why the Minister should have taken the trouble to put down an Amendment to Clause 3 providing against the contingency against which we are arguing now in the case of women between 60 and 64 who do not qualify. The right hon. Gentleman suggests that it is unreasonable to expect that a woman should remain in unemployment insurance when she is receiving a pension, but the woman between 60 and 64 is worse off. If there is anything at all in the first argument as to the actuarial consequences, surely you could have brought in people between 60 and 64 and allow them to continue their contributions to the Unemployment Insurance Fund. I do not see that the drawing of a pension has anything to do with the question whether a person is in employment or not.

It was a surprise to me when I became a trade union secretary to find that in the industry this particular system applied and that the individual was cut out of unemployment insurance. I could keep the Committee for hours detailing individual cases of men of 65, and now it is going to be women at 60, who immediately they reach that age, because they have lost their position in unemployment insurance, will automatically lose their position in industry. I am not saying anything about the argument that women do not like to disclose their age. I know that young women do not like to do so, but I have still to find an individual who is nearing the pensionable age who does not come four months before in order to get her papers signed. That is an out-of-date argument. We have to consider the position of women at 60. In the cotton industry of Lancashire if they remain until they are 55 they very often go on until they are 65. The shrinkage is not after 60 but well before 60 as far as the cotton workers are concerned. What will be the position under unemployment insurance? It means that if the mill stops for a month a woman over 60 and between the ages of 60 and 65 under this scheme will not need to sign on at the Employment Exchange, but the person next to her who is under 60 will draw benefit for time she is stopped. The Minister has not put forward a single argument to justify taking these women out. Suppose the spinsters' demand had been met and that we had reduced the age to 55; is it assumed that they would have dropped out of industry at 55? Surely the need for unemployment benefit is just as great when the individual is receiving

Division No. 29.]

AYES.

[7.15 p.m.

Acland-Troyte, Lt.-Col. G. J.Findlay, Sir E.Mason, Lt.-Col. Han. G. K. M.
Albery, Sir IrvingFox, Sir G. W. G.Mayhew, Lt.-Col. J.
Allen, Lt.-Col. Sir W. J. (Armagh)Fremantle, Sir F. E.Mitchell, Col. H. (Brentf'd & Chisw'k)
Amery, Rt. Hon. L. C. M. S.Fyfe, D. P. M.Morgan, R. H. (Worcester, Stourbridge)
Anderson, Rt. Hn. Sir J. (Sc'h Univ's)George, Major G. Lloyd (Pembroke)Morris, J. P. (Salford, N.)
Aske, Sir R. W.Gibson, Sir C. G. (Pudsey and Otley)Morrison, G. A. (Scottish Univ's.)
Balfour, G. (Hampstead)Gilmour, Lt.-Col. Rt. Hon. Sir J.Morrison, Rt. Hon. W. S. (Cirencester)
Balfour, Capt. H. H. (Isle of Thanet)Gledhill, G.Nall, Sir J.
Beamish, Rear-Admiral T. P. H.Gluckstein, L. H.Neven-Spence, Major B. H. H.
Beauchamp, Sir B. C.Goldie, N. B.Nicolson, Hon. H. G.
Beechman, N. A.Cower, Sir R. V.O'Connor, Sir Terence J.
Bennett, Sir E. N.Graham, Captain A. C. (Wirral)O'Neill, Rt. Hon. Sir Hugh
Bernays, R. H.Greene, W. P. C. (Worcester)Orr-Ewing, I. L.
Blair, Sir R.Gretton, Col. Rt. Hon. J.Palmer, G. E. H.
Boles, Lt.-Col. D. C.Gridley, Sir A. B.Peters, Dr. S. J.
Bottom, A. C.Grigg, Sir E. W. M.Pickthorn, K. W. M.
Boulton, W. W.Grimston, R. V.Ponsonby, Col. C. E.
Braithwaite, Major A. N. (Buckrose)Gritten, W. G. HowardPownall, Lt.-Col. Sir Assheton
Briscoe, Capt. R. G.Guest, Lieut.-Colonel H. (Drake)Procter, Major H. A.
Broadbridge, Sir G. T.Hacking, Rt. Hon. Sir D. H.Pym, L. R.
Brooklebank, Sir EdmundHambro, A. V.Radford, E. A.
Brooke, H. (Lewisham, W.)Hammersley, S. S.Raikes, H. V. A. M.
Brown, Rt. Hon. E. (Leith)Hannon, Sir P. J. H.Ramsbotham, Rt. Hon. H.
Brown, Brig.-Gen. H. C. (Newbury)Harbord, Sir A.Rawson, Sir Cooper
Burton, Col. H. W.Harland, H. P.Reed, Sir H. S. (Aylesbury)
Butcher, H. W.Haslam, Henry (Horncastle)Reid, J. S. C. (Hillhead)
Carver, Major W. H.Hely-Hutchinson, M. R.Rickards, G. W. (Skipton)
Cary, R. A.Hepburn, P. G. T. Buchan-Robertson, D.
Cazalet, Thelma (Islington, E.)Higgs, W. F.Robinson, J. R. (Blackpool)
Channon, H.Hill, Dr. A. V. (Cambridge U.)Ross Taylor, W. (Woodbridge)
Chapman, A. (Rutherglen)Holmes, J. S.Royds, Admiral Sir P. M. R.
Chorlton, A. E. L.Horsbrugh, FlorenceRuggles-Brise, Colonel Sir E. A.
Christie, J. A.Howitt, Dr. A. B.Russell, Sir Alexander
Cobb, Captain E. C. (Preston)Hudson, Capt. A. U. M. (Hack., N.)Salter, Sir J. Arthur (Oxford U.)
Colfox, Major Sir W. P.Hudson, Rt. Hon. R. S. (Southport)Samuel, M. R. A.
Colman, N. C. D.Hume, Sir G. H.Sandeman, Sir N. S.
Colville, Rt. Hon. JohnJarvis, Sir J. J.Sanderson, Sir F. B.
Courtauld, Major J. S.Jennings, R.Schuster, Sir G. E.
Courthope, Col. Rt. Hon. Sir G. L.Jones, Sir G. W. H. (S'k N'w'gt'n)Selley, H. R.
Craven-Ellis, W.Kerr, Colonel C. I. (Montrose)Shakespeare, G. H.
Crooke, Sir J. SmedleyKerr, H. W. (Oldham)Shaw, Captain W. T. (Forfar)
Crookshank, Capt. Rt. Hon. H. F. C.Kerr, Sir John Graham (Sco'sh Univs.)Shepperson, Sir E. W.
Cruddas, Col. B.Keyes, Admiral of the Fleet Sir R.Simon, Rt. Hon. Sir J. A.
Culverwell, C. T.Knox, Major-General Sir A. W. F.Sinclair, Col. T. (Queen's U. B'lf'st)
Davidson, ViscountessLamb, Sir J. O.Smiles, Lieut.-Colonel Sir W. D.
Davies, Major Sir G. F. (Yeovil)Leech, Sir J. W.Smithers, Sir W.
De la Bère, R.Leighton, Major B. E. P.Somervell, Rt. Hon. Sir Donald
Denman, Hon. R. D.Levy, T.Somerville, Sir A. A. (Windsor)
Denville, AlfredLewis, O.Southby, Commander Sir A. R. J.
Dodd, J. S.Liddall, W. S.Spears, Brigadier-General E. L.
Doland, G. F.Lindsay, K. M.Spens, W. P.
Duckworth, W. R. (Moss Side)Lipton, D. L.Stewart, J. Henderson (Fife, E.)
Dunglass, LordLoftus, P. C.Storey, S.
Eckersley, P. T.Lucas, Major Sir J. M.Strauss, H. G. (Norwich)
Edmondson, Major Sir J.Mabane, W. (Huddersfield)Strickland, Captain W. F.
Elliot, Rt. Hon. W. E.MacAndrew, Colonel Sir C. G.Sueter, Rear-Admiral Sir M. F.
Elliston, Capt. G. S.McCorquodale, M. S.Tasker, Sir R. I.
Emery, J. F.MacDonald, Rt. Hon. M. (Ross)Taylor, Vice-Adm. E. A. (Padd., S.)
Emrys-Evans, P. V.MacDonald, Sir Murdoch (Inverness)Thomson, Sir J. D. W.
Entwistle, Sir C. F.McKie, J. H.Touche, G. C.
Erskine-Hill, A. G.Magnay, T.Train, Sir J.
Etherton, RalphMaitland, Sir AdamTree, A. R. L. F.
Everard, Sir William LindsayMargesson, Capt. Rt. Hon. H. D. R.Tufnell, Lieut.-Commander R. L.
Fildes, Sir H.Markham, S. F.Wakefield, W. W.

10s. as when 10s is not coming in; that is unless the right hon. Gentleman is prepared to argue that 10s. is sufficient for maintenance. I hope the right hon. Gentleman will think again before refusing to accept the Amendment.

Question put, "That the words proposed to be left out stand part of the Clause."

The Committee divided: Ayes, 206; Noes, 145.

Walker-Smith, Sir J.Wayland, Sir W. A.Wragg, H.
Ward, Lieut.-Col. Sir A. L. (Hull)Webbe, Sir W. HaroldWright, Wing-Commander J. A. C.
Ward, Irene M. B. (Wallsend)Wells, Sir SydneyYoung, A. S. L. (Partick)
Wardlaw-Milne, Sir J. S.White, Sir Dymoke (Fareham)
Warrender, Sir V.Wickham, Lt.-Col. E. T. R.TELLERS FOR THE AYES.—
Waterhouse, Captain C.Williams, C. (Torquay)Mr. James Stuart and Mr.
Munro.

NOES.

Acland, Sir R. T. D.Hall, W. G. (Colne Valley)Parker, J.
Adams, D. (Consett)Hardie, AgnesParkinson, J. A.
Adams, D. M. (Poplar, S.)Harris, Sir P. A.Pearson, A.
Adamson, Jennie L. (Dartford)Harvey, T. E.Pethick-Lawrence, Rt. Hon. F. W.
Adamson, W. M.Hayday, A.Price, M. P.
Alexander, Rt. Hon. A. V. (H'lsbr.)Henderson, J. (Ardwick)Pritt, D. N.
Ammon, C. G.Henderson, T. (Tradeston)Quibell, D. J. K.
Anderson, F. (Whitehaven)Hicks, E. G.Richards, R. (Wrexham)
Attlee, Rt. Hon. C. R.Hills, A. (Pontefract)Ridley, G.
Banfield J. W.Hollins, A. (Hanley)Riley, B.
Barnes, A. J.Hollins, J. H. (Silvertown)Ritson, J.
Barr, J.Horabin, T. L.Roberts, W. (Cumberland, N.)
Batey, J.Isaacs, G. A.Robinson, W. A. (St. Helens)
Beaumont, H. (Batley)Jackson, W. F.Sexton, T. M.
Bevan, A.Jenkins, A. (Pontypool)Shinwell, E.
Broad, F. A.Jenkins, Sir W. (Neath)Silkin, L.
Buchanan, G.Jones, A. C. (Shipley)Silverman, S. S.
Burke, W. A.Jowitt, Rt. Hon. Sir W. A.Sloan, A.
Cape, T.Kennedy, Rt. Hon. T.Smith, Ben (Rotherhithe)
Charleton, H. C.Lansbury, Rt. Hon. G.Smith, E. (Stoke)
Chater, D.Lathan, G.Smith, Rt. Hon. H. B. Lees- (K'ly)
Cluse, W. S.Lawson, J. J.Smith, T. (Normanton)
Cocks, F. S.Leach, W.Sorensen, R. W.
Collindridge, F.Leonard, W.Stephen, C.
Cove, W. G.Leslie, J. R.Stewart, W. J. (H'ght'n-le-Sp'ng)
Daggar, G.Lunn, W.Stokes, R. R.
Davidson, J. J. (Maryhill)Macdonald, G. (Ince)Strauss, G. R. (Lambeth, N.)
Davies, R. J. (Westhoughton)McEntee, V. La T.Summerskill, Dr. Edith
Davies, S. O. (Merthyr)McGhee, H. G.Taylor, R. J. (Morpeth)
Dobbie, W.MacLaren, A.Thorne, W.
Dunn, E. (Rother Valley)Maclean, N.Thurtle, E.
Ede, J. C.Mander, G. le M.Tinker, J. J.
Edwards, Sir C. (Bedwellty)Marshall, F.Tomlinson, G.
Edwards, N. (Caerphilly)Mathers, G.Walkden, A. G.
Evans, D. O. (Cardigan)Maxton, J.Watkins, F. C.
Foot, D. M.Messer, F.Watson, W. McL.
Frankel, D.Milner, Major J.Wedgwood, Rt. Hon. J. C.
Gardner, B. W.Montague, F.Welsh, J. C.
George, Rt. Hon. D. Lloyd (Carn'v'n)Morgan, J. (York, W.R., Doncaster)White, H. Graham
George, Megan Lloyd (Anglesey)Morrison, Rt. Hon. H. (Hackney, S.)Wilkinson, Ellen
Gibson, R. (Greenock)Morrison, R. C. (Tottenham, N.)Williams, E. J. (Ogmore)
Graham, D. M. (Hamilton)Mort, D. L.Williams, T. (Don Valley)
Green, W. H. (Deptford)Muff, G.Wilson, C. H. (Attercliffe)
Greenwood, Rt. Hon. A.Nathan, Colonel H. L.Windsor, W. (Hull, C.)
Griffith, F. Kingsley (M'ddl'sbro, W.)Naylor, T. E.Woodburn, A.
Griffiths, J. (Llanelly)Noel-Baker, P. J.Woods, G. S. (Finsbury)
Groves, T. E.Oliver, G. H.Young, Sir R. (Newton)
Hall, G. H. (Aberdare)Owen, Major G
Hall, J. H. (Whitechapel)Paling, W.TELLERS FOR THE NOES.—
Mr. Whiteley and Mr. John.

7.25 p.m.

I beg to move, in page 3, line 12, after "sixty-five," to insert:

"except the reference in Section fifty of the National Health Insurance Act, 1936, and."
The reference in the 1936 Insurance Act is to the right of an insured person to sickness and disablement benefit on attaining the age of 65. Ostensibly the purpose of the Bill is to confer a benefit upon an insured person. According to what the Minister said on the Second Reading, and during the discussion so far in Committee, spinsters and married women qualify for a pension in their own right at 60 because they are insured. What I cannot understand is why there should be a curtailment of a right which was previously held, because a change is taking place in the age at which the old age pension is to be granted. I would like to point out from practical experience—and I think it can be proved actuarially—that the last five years of a married woman's or spinster's insurance life, 60 to 65, is the period of greatest benefit. I have here some figures, the last I could obtain, which deal with 100 persons drawing sickness insurance benefit. These are the facts with regard to them. Between the ages of 45 and 50, there are 4 men, 8 spinsters and widows, and 11 married women; between 50 and 55, there are 5 men, 9 spinsters and widows, and 14 married women; between 55 and 60, 8 men, 12 spinsters and widows, and 18 married women and between 60 and 65, 13 men, 17 spinsters and widows, and 25 married women.

That, in itself, is proof that between the ages of 60 and 65 the benefit which has been contracted for is of greater value to the individual who has entered the contract. I contend that not only is the incidence of sickness higher, but that they are entitled to reap the benefit for which they have paid. For a woman who enters insurance at the age of 16 and who may be insured under this Bill, who pays contributions for 44 years and is insured in her own right, this means that between the ages of 60 and 65, whether she is married or a spinster, she will, as the Bill now stands, be deprived of the benefits which should accrue to her during that time. This cannot be justified in the case of those particular insured persons because we have admitted, by the Bill itself, the right of the married woman who is not insured to receive a pension at 60. She receives it in the right of her husband's contribution and, therefore, if a married woman, who is also insured, and paying her full contribution along with those of her husband, is to cease receiving national health benefits at 60 then she is being deprived of five years' possible benefit, for which she has paid and contracted. That is the case as far as married women are concerned.

I want the Committee to consider the case of a widow who is receiving a widow's pension in the right of her late husband's contribution, and is in insurance and industry. The fact that she goes to work means that she must come under the National Health Insurance Act. From her wages week by week is deducted an amount of money which cannot under any circumstances cover her pension at 60, because being a widow she will continue to receive the widow's pension whether she is in industry or not and whether she is insured or not. Such a woman when she reaches the age of 60 and goes out of insurance loses the benefit of the insurance for which she has been paying over a period of years and receives nothing in return. I can illustrate the matter better by giving an actual case of a woman in my own trade union who is nearly 60 years of age.

She is receiving at the present moment not only a pension of 10s. but a disablement benefit of 6s. When she reaches the age of 60 her 6s. a week will come to an end under this Bill. If I read the Bill aright that is what it means. She will be left with her 10s. and a problematical supplemental pension based upon a household means test. That, I consider, is an injustice. She is being deprived of benefit for which she has paid and that I suggest is contrary to the spirit of the Minister's statement on the Second Reading. It has been suggested that we should not go back to the Second Reading Debate but I do not see why Ministers should escape even at the risk of some repetition.

My contention is that when a woman is deprived of 10s. a week and receives nothing but a problematical supplemental pension, based on circumstances which cannot be visualised, she is losing something under this Bill. The hon. Lady the Parliamentary Secretary to the Ministry has been complimented many times on her efficiency during this Debate. I could have wished that the hon. Lady's efficiency was a little less pronounced and her humanity a little more marked. Be that as it may, she attempted to deal with the position of widows by suggesting that they had occupied for a long time a privileged position in insurance. That, in effect, was what she said. She said that she thought most people who had studied insurance matters would agree that the widow had been well treated throughout her insurance life, and she went on to say that the widow received the 10s. because of the death of her husband and that if she went into industry while keeping her pension and paid contributions she would receive for those contributions exactly the same benefits as others in industry.

As a matter of fact she does not receive the same benefits as others in industry, because being already in receipt of a widow's pension she cannot possibly get another pension. Therefore by the contributions she makes, by deductions from her wages, she is paying for something which she can never hope to enjoy. I suggest that the case for the Amendment is not only strong but unanswerable. The Minister is attempting to meet the position of the individual who goes into the scheme late in life by putting down an Amendment later. I suggest that unless he is prepared to meet the particular cases I have mentioned, and especially the case of the widow, there is no possible justification for attempting to do what is attempted by the later Amendment which has been suggested.

7.35 p.m.

I should like to support what has been said by the hon. Member above the Gangway and I would ask the Minister to make quite clear what is to happen under the proposal in the Bill. I take it that a person would have to go to the public assistance committee to get sickness benefit. That I should have thought an extremely unsatisfactory arrangement, quite apart from the injustice of it. Having contributed for years to obtain sickness benefit, a person will be deprived of it at an age which is one of the most difficult for all persons and at a time when a person is most likely to need assistance of this sort. I hope we shall receive a sympathetic reply from the Minister.

7.36 p.m.

There is an aspect of this matter which has not yet been touched upon. It was said time after time during the Debates on the Second Reading and on the Financial Resolution that no one would be put under a means test by this Bill who was not already subject to one. That claim was made repeatedly, but I think the hon. Member who moved this Amendment has demonstrated to conviction that here we have a whole class of cases put under a means test or a needs test—it does not matter how you camouflage it—who were not under it before. I would like to reinforce the point made by the hon. Member below the Gangway and I would ask where these people are to go for sickness benefit. It is quite true they may ask for a supplemental pension, but a supplemental pension, I apprehend, would have nothing whatever to do with sickness benefit or with any disability or illness. A benefit for which they paid during many years is to be taken from them. The benefit of their contributions is to be taken by the Treasury. Where are they to get sickness benefit? I suggest that the only answer is that they will have to go to the Poor Law for it.

I thought that the whole merit of this Bill in the eyes of the Government was that it would take people in their old age away from the Poor Law and give them some other right outside the Poor Law, but here you have a class of people who are being deprived of the benefit for which they have paid and are being put upon the Poor Law for relief in case of sickness. The Poor Law is not to operate in relation to these supplemental pensions but medical needs are excepted, and medical relief has been defined in circular after circular from the Ministry of Health as going far beyond the mere provision of a doctor and medical attention. All sorts of things come under the heading of medical relief, such as care of the teeth and eyesight, and special food. The people with whom this Amendment is concerned have paid contributions during many years and one would have thought they had acquired a contractual right to benefits. Yet those benefits are being taken away and the only place to which they may go is the Poor Law. They must demonstrate, if they can, to a Poor Law authority that the effect of this Measure upon them has been to produce destitution. For my part I am, I will not say surprised, but horrified at the incredible meanness of it. I hope the Minister will see his way to accept the Amendment.

7.42 p.m.

Much of the general argument in regard to this matter took place on the last Amendment and I do not wish to go over the same ground again although I must point out that the Committee's report did deal with this matter very carefully. The conclusion reached was that even if pensions were given at 55 the rights to benefit under National Health Insurance and Unemployment Insurance should cease.

That report dealt specifically with spinsters. The two classes of cases we are concerned with now are married women who are insured and widows.

I agree, but the report said that whatever happened, if you gave pensions at 55 you would have to come to that conclusion. I mention that in order to point out that this subject has been considered. It is a subject which, naturally, the Government went into very carefully when deciding to make a fresh reduction in the pensionable age from 65 to 60. The hon. Member for Nelson and Colne (Mr. Silverman) seemed to think that in this way we were going to drive people back to public assistance, and I think it was also suggested by the hon. Member for East Wolverhampton (Mr. Mander) that that would be the result. That is a point I would like to examine. What will be the position of these people in future? The actuary's report says that the benefit they will receive will be 10 times that which is taken away, but putting aside the actuary's report and looking to the actual facts of the case, what will happen?

It is agreed that the medical benefit continues, and what we are talking about are the cash benefits—for a single woman, 12s. a week, and for a married woman 10s. a week, with 6s. and 5s. a week respectively for disablement. In future, the woman will draw 10s. a week as her pension. I think hon. Members will agree, if we set one case against the other, that she will get an improvement. If the woman is drawing a pension, she will receive £26 a year. If we take the extreme case of a woman who is sick for the whole of the year, she would draw 12s. a week for 26 weeks and 6s. a week for 26 weeks, and she would receive in all £23 8s., against the pension of £26. I think this proves that the woman will get a better bargain. That is an extreme case. In a great many cases she will get a considerably better bargain, because she will stay on in industry and draw the 10s. a week. Instead of not receiving any other benefit, she will get £26 a year.

Has the hon. Lady forgotten that from July the woman will be paying contributions for the 10s. pension?

If the hon. Member means whether I have forgotten that after July people in industry who are to get their pensions at a later stage will be paying contributions, I have not. The 3d. a week contribution is to make up the difference between getting the pension at65 and 60. If the hon. Member will study the report of the Government Actuary, he will see that, taking all things into account, the woman will receive 10 times the benefit she was getting before. I have been asked where the woman is to go if she wants further help. At the present time, she has to go to public assistance. There are many cases where a person is out of employment and drawing sickness pay at 12s., and because that is not enough, has to apply to the public assistance committee for more. The hon. Member for Nelson and Colne asked whether we are going to drive these women back to public assistance. I would put the question another way, and ask whether we are going to take them away from public assistance. To that question my answer is, "Yes." The woman is to draw an old age pension, and she has the right to supplementation. Under the Bill, if a woman is drawing a pension of 10s. a week and is sick, and because of her sickness is involved in extra expenses arising out of it, she will have the right to get a supplementation through the Assistance Board.

The Minister said that no person would be worse off under the Bill than under public assistance. In the case to which the hon. Lady is referring, the woman is being made very much worse off under this scheme than she would be under public assistance, because the first 7s. 6d. paid to her under the Health Insurance Scheme is exempt, whereas under this scheme it is not exempt, because the woman does not receive it. Consequently, she is very much worse off than she would be under public assistance. I would also point out to the hon. Lady that although she was quite right in her remarks about the 12s. sickness payment, it must be borne in mind that a large number of people receive extra benefits from societies.

I agree with the hon. Member's last remark, but equally I am sure he will agree with me that there is nothing under the scheme which says that a woman who is getting a pension of 10s. is not to receive medical benefits from the societies.

The hon. Lady misunderstands me. The societies have surpluses from which they increase the 12s. to, say, 14s.

The old age pensioner is to have his or her needs met by a supplementation. The hon. Member said that the woman will be worse off under this scheme than under public assistance, the reason being that if the woman who is receiving 12s. goes to the public assistance committee, it disregards 7s. 6d., and, therefore, she goes to the public assistance committee with an income of 4s. 6d., as it were.

Let me put the matter simply. If there are two persons, one drawing an old age pension of 10s. a week and the other drawing 10s. a week sickness benefit under the National Health Insurance, the old age pensioner goes to the public assistance committee with an income of 10s. and the other goes with an income of 2s. 6d.

One person with an income of 2s. 6d. goes to the public assistance committee, which has to see that that person is not destitute. The other person has an income of 10s. and goes for a supplementation. In the case of the first person, the committee takes into account the help which that person could be given by her relatives. In the case of the second person, that need not be, and therefore, a larger amount of money could be paid to her than could be paid to the woman who went to the public assistance committee with an income of 2s. 6d., because in her case other people would have to keep her.

If the hon. Lady is right in her contention that under this scheme no beneficiary will be worse off, will she explain to the Committee why she resists the Amendment?

My hon. Friend has put this point to the hon. Lady. The person who is receiving sickness benefit finishes up with 7s. 6d. sickness benefit in addition to her needs. That person has 7s. 6d. which is her own. Therefore, she has 7s. 6d. more than she would have under this scheme.

The hon. Member for Nelson and Colne asked why we do not accept the Amendment. The answer is that from the time the woman becomes 60 she is to be relieved of all payments into the fund. If she were allowed to go on drawing benefit without paying contributions, the situation would become impossible. What we are saying is that from the time she becomes 60 years of age, she will be in exactly the same position as the people of 65. She will cease to pay contributions and she will cease to draw benefits. I am now dealing with the question of whether or not the woman will be better off during the actual period of sickness. I think hon. Members will agree that over the whole period she will be better off, and I have given my reasons for believing that she will be no worse off during the actual period of sickness. I think that if a woman were asked whether she thought she would be better off with a pension of 10s. for life from the age of 60, or with no pension, but with sickness and disablement benefits, there is no doubt that she would prefer the pension. I have asked them over and over again which they would prefer. [An Hon. Member: "Whom have you asked?"] I have asked plenty of people. I saw representatives of the Spinsters' Association in the Lobby last night, and I put the question to them, "Would you get better value by the pension, dropping the other, or not having the pension and keeping the other?" and with one exception they said they would rather have the pension.

Now I want to come to the second point. The hon. Member for Farnworth (Mr. Tomlinson) not only talked in a general way but gave us an actual case that he knows. We all agree that in legislation in which an improvement is made you may have hard cases. We have tried to see how we could deal with hard cases. We have had a case of a person who is permanently disabled or sick. We have had these and other cases under consideration. The hon. Member gave the case of a widow of 60. She is disabled and is getting 6s. disablement payment. The hon. Member says, "If it had not been for this Bill, for the next five years between 60 and 65 she would draw her 10s. pension plus 6s. Now you are making the change at 60 and she is going to be worse treated."

I think the hon. Member has not looked at Clause 3, because we have made particular provision for that person. I want to tell him that she and people like her are not going to suffer. Their condition is going to be improved. There is a transitional period of five years, because we realise the difficulty of people, as in this case, who have been paying into the fund and are suddenly stopped. In that period anyone who has not qualified for the pension can con- tinue qualifying for it, though she has ceased to pay her own contribution. Although she is not paying into the fund, if sick or disabled she will receive 10s. sickness payment. During that time, between 60 and 65, the widow that the hon. Member has mentioned will not only be receiving the pension of 10s. that she is receiving now, but, instead of the 6s. disablement benefit, she will receive 10s. sickness payment. She will go up 4s. We have tried to meet these very hard cases that hon. Members opposite also have realised. I think this is something on which the Government might be congratulated. We have had a lot of criticism, although the hon. Member for Normanton (Mr. T. Smith) spoke in high praise of Clause 1. On this occasion I think he might agree that the Government, in bringing in this change, have tried to look into every detail of very hard cases and see whether we can deal with them. The hon. Member for Farnworth has brought one case to our notice which will not be a hard case, because she will receive better treatment than she is getting at present.

I should like to find that in the Bill. I know there is a possibility of making regulations, but it would appear that the cases in which regulations are to be made relate to another class of insured persons altogether who have not qualified for benefit. Can we have a definite assurance that this particular case will be included in the regulations?

I can assure the hon. Member that regulations can be made to deal with it. It could not be done without regulations covering the transitional period of five years.

I understand that the hon. Lady means that, if a widow or a single person before the commencement of the Act has a claim on national health insurance, for the next five years that claim will be maintained.

An unmarried insured woman who has not qualified for a pension, if she is in insurance at 60, can qualify. If she is in employment, she carries on but does not pay contributions. Payment of 10s. is made when sick, during this transitional period of five years, till she draws the pension. The widow would have drawn national health sickness payment up to 65. What happens in the case of the widow of 60? During that transitional period she would receive sickness payment of 10s. It is perfectly clear. The Clause says the Minister may make regulations—it could not be done without regulations. As that particular difficulty has now been explained, perhaps the hon. Member will be satisfied.

It seems to me quite correct with regard to women who are or may be on transitional benefit, assuming that the Act goes on for some years until a Labour Government come in and clear the whole mess up, but you will still want regulations to deal with this point which my hon. Friend has raised. I rise to ask whether we can get an assurance that this will be put into the regulations, especially as I understand it is not yet fully decided whether we are going to get regulations.

8.10 p.m.

The hon. Lady has cleared up some misconceptions with regard to this matter, but I would like to know who is to be responsible for this extra 10s.? Are the approved societies to be responsible or is there to be some special arrangement whereby the Government, either through the people who pay the supplementary pension or through the approved societies, will hand this addition to the woman when she is entitled to it? The hon. Lady has dealt with the widow in receipt of sickness benefit. If we take the case of both the widow and the married woman in receipt of the pension and in employment, who do not require or have not been receiving sickness payment for a period of three years, do they, automatically, come into this benefit before they reach 65? It is well to be quite clear about this matter because it is important, particularly to approved societies. I can see that those who are actually in receipt of a pension and sickness benefit will be considered during this transition period, but I am anxious to know whether the same thing applies, for a period of five years, to those who may not be in receipt of sickness benefit but who may have to apply for it. Those people are now receiving the benefits in their own right without any question of a test of any kind. When the Bill comes into operation they will not receive such benefits in their own right as they receive them to-day, but will again have to undergo a test to see whether any additional pension is justified. Those are points on which we want to be clear before we leave this part of the Bill.

8.13 p.m.

In her Second Reading speech the hon. Lady said there was no special case for a widow receiving sickness benefit, and therefore it would stop at 60, Now she says the widow is in some cases to get 4s. more. In Part II of the Bill, which has some bearing on the point, the Minister is to safeguard the right of the old age pensioner, at least during the transitional period, not to be worse off than he would be under Poor Law assistance. The single woman, and in many cases the married woman, who draws health insurance but still has to go to the Poor Law or to public assistance is worse off under the Bill than under the old position. The position now is that 7s. 6d. of Poor Law assistance is exempt, but it is not exempt in respect of the supplementation of which the hon. Lady spoke This part of the Bill is a contradiction of the other part, which gives the guarantee to the old people that they will not be worse off. Yet under this portion of the Bill this section of people will be worse off. I consider that the Minister should either accept the Amendment as proposed by the hon. Member for Farnworth (Mr. Tomlinson), or give a guarantee that in dealing with this class of people, the 7s. 6d. will be disregarded when it comes to calculating means. If that is done it will go some way to meet us; otherwise people will be worse off under this scheme than they are at present.

8.16 p.m.

In regard to what the hon. Lady has said I would be grateful if she would clear up one point which seemed a little indistinct. I gathered that according to her statement during this period between 60 and 65 there was a possibility of a woman drawing her 10s. pension and in addition drawing this 10s. from the National Health Insurance. I gather from Clause 3 to which the Parliamentary Secretary referred, that that is only

"in respect of any periods in which they may before old age pensions begin to accrue to them be rendered incapable of work by some specific disease or bodily or mental disablement."
When the old age pension begins to accrue that payment ceases according to Clause 3. Therefore there seems no possibility at all of the woman drawing the pension, in addition to the 10s. National Health Insurance. In regard to the point made by the hon. Member for Gorbals (Mr. Buchanan) the situation is that during that period before she goes on to the pension, if she has to go to the public assistance committee they disregard the 10s., but immediately the pension of 10s. accrues, the same amount of 10s. is taken into account, which means that she is worse off than she was previously. That is the point we should like the Parliamentary Secretary to deal with because it will bring hardship to these particular women.

8.19 p.m.

I will do my best to clear up the point which has been put to me. I think the hon. Member who spoke last looked only at Clause 3 (1, b) of the Bill. If he turns over the page and reads on he will see that there are certain difficulties about what I might call the gap in sickness—the case of the person who is drawing sickness benefit when the Act comes into force. When this ceases and the person becomes sick again within the five-year period, the sickness payment provided for in the Bill would still be payable. There are certain difficulties but, in general, they will be in the same position during these five years as if the Measure had not been brought into operation. I say "in general"—there are of course certain intricacies—they will be in the same position as if the Measure had not come into force. We want those five years to be a transitional period. The hon. Member for Gorbals (Mr. Buchanan) said that I was putting a different view from that which I expressed on the Second Reading of the Bill. On the Second Reading I was making a general point dealing with the general scheme in the future. In the future, all insured women cease to be in National Health and Unemployment Insurance at 60. In the future, after the transitional period of five years, it will be quite clear that they will cease to pay and cease to draw benefit.

The10s. sickness payment is taken from that £3,500,000. The first charge on this sum is the 10s. sickness payment and it is for Parliament to decide what is to be done with the surplus.

May we take it that it is agreed between us and that there is no longer any doubt that, if the people concerned retained their present rights, the 7s. 6d. of the 10s. would not be subject to any means test and that under the regulations it is proposed to make, whatever payment is made will be taken into account in assessing any supplemental pension? If that is agreed would it not also be agreed that the people are worse off to the extent of 7s. 6d. a week?

Of course, I do not agree with the hon. Gentleman. It is for him under Part II of the Bill to argue the point again and whether he will convert me or whether I shall be able to convert him to my point of view, I do not know.

I cannot withdraw the Amendment because under these regulations and under the promise given not

Division No. 30.]

AYES.

[8.25 p.m.

Adams, D. (Consett)Griffith, F. Kingsley (M'ddl'sbro, W.)Maxton, J.
Adams, D. M. (Poplar, S.)Griffiths, J. (Llanelly)Messer, F.
Adamson, Jennie L. (Dartford)Groves, T. E.Montague, F.
Alexander, Rt. Hon. A. V. (H'lsbr.)Hall, G. H. (Aberdare)Morgan, J. (York, W.R., Doncaster)
Ammon, C. G.Hall, J. H. (Whitechapel)Morrison, Rt. Hon. H. (Hackney, S.)
Anderson, F. (Whitehaven)Hall, W. G. (Colne Valley)Morrison, R. C. (Tottenham, N.)
Attlee, Rt. Hon. C. R.Hardie, AgnesMort, D. L.
Banfield, J. W.Harris, Sir P. A.Muff, G.
Barnes, A. J.Harvey, T. E.Naylor, T. E.
Barr, J.Hayday, A.Oliver, G. H.
Batey, J.Henderson, J. (Ardwick)Owen, Major G.
Beaumont, H. (Batley)Henderson, T. (Tradeston)Paling, W.
Bevan, A.Hicks, E. G.Parker, J.
Buchanan, G.Hills, A. (Pontefract)Parkinson, J. A.
Burke, W. A.Hollins, A. (Hanley)Pearson, A.
Cape, T.Hollins, J. H. (Silvertown)Pethick-Lawrence, Rt. Hon. F. W.
Charleton, H. C.Horabin, T. L.Price, M. P.
Chater, D.Isaacs, G. A.Pritt, D. N.
Cluss, W. S.Jackson, W. F.Quibell, D. J. K.
Cocks, F. S.Jenkins, A. (Pontypool)Richards, R. (Wrexham)
Collindridge, F.Jenkins, Sir W. (Neath)Ridley, G.
Cove, W. G.John, W.Riley, B.
Daggar, G.Jones, A. C. (Shipley)Ritson, J.
Davidson, J. J. (Maryhill)Jowitt, Rt. Hon. Sir W. A.Roberts, W. (Cumberland, N.)
Davies, R. J. (Westhoughton)Kennedy, Rt. Hon. T.Robinson, W. A. (St. Helens)
Davies, S. O. (Merthyr)Lansbury, Rt. Hon. G.Sexton, T. M.
Dobbie, W.Lathan, G.Shinwell, E.
Dunn, E. (Rother Valley) Lawson, J. J.Silkin, L.
Ede, J. C.Leach, W.Silverman, S. S.
Edwards, Sir C. (Bedwellty)Leonard, W.Sloan, A.
Edwards, N. (Caerphilly)Leslie, J. R.Smith, Ben (Rotherhithe)
Foot, D. M.Lunn, W.Smith, E. (Stoke)
Frankel, D.Macdonald, G. (Ince)Smith, Rt. Hon. H. B. Lees- (K'ly)
Gardner, B. W.McEntee, V. La T.Smith, T. (Normanton)
George, Rt. Hon. D. Lloyd (Carn'v'n)McGhee, H. G.Sorensen, R. W.
George, Megan Lloyd (Anglesey)Maclean, N.Stephen, C.
Gibson, R. (Greenock)Mander, G. le M.Stewart, W. J. (H'ght'n-le-Sp'ng)
Graham, D. M. (Hamilton)Marshall, F.Stokes, R. R.
Green, W. H. (Deptford)Mathers, G.Summerskill, Dr. Edith

only is the individual not safeguarded but the rights of a whole section of people are in danger. I will quote what the Parliamentary Secretary said on the Second Reading:

"The age at which all insured women received old age pensions and ceased to receive benefits under those schemes was 65. The age now is to be 60. Surely, nothing would be fairer than that a widow who enters industry, and has 10s. a week pension as a widow, should come under the same scheme of insurance as the other women, spinsters or married women, as the case may be. A special class cannot be made for widows. Therefore, the age at which they cease to draw the benefits is 60. I do not think it would be right to say that the widows should continue to draw the benefits longer than other insured women."—[OFFICIAL REPORT, 21st February, 1940; col. 1419, Vol. 357.]

From what she has said to-night, they are, by regulation, not only to draw benefits, but are to have additional benefits. I want to express thanks for the probable four shillings increase but I would rather see the Amendment accepted as a guarantee of the benefits.

Question put, "That those words be there inserted."

The Committee divided: Ayes, 137; Noes, 179.

Thorne, W.Wedgwood, Rt. Hon. J. C.Windsor, W. (Hull, C.)
Thurtle, E.Welsh, J. C.Woodburn, A.
Tinker, J. J.White, H. GrahamWoods, G. S. (Finsbury)
Tomlinson, Q.Whiteley, W. (Blaydon)Young, Sir R. (Newton)
Viant, S. P.Wilkinson, Ellen
Walkden, A. G.Williams, E. J. (Ogmore)TELLERS FOR THE AYES.—
Watkins, F. C.Williams, T. (Don Valley)Mr. Adamson and Mr. R. J.
Watson, W. McL.Wilson, C. H. (Attercliffe)Taylor.

NOES.

Acland-Troyte, Lt.-Col. G. J.Entwistle, Sir C. F.Peters, Dr. S. J.
Albetry, Sir IrvingErskine-Hill, A. G.Piokthorn, K. W. M.
Allen, Lt.-Col. Sir W. J. (Armagh)Everard, Sir William LindsayPonsonby, Col. C. E.
Anderson, Rt. Hn. Sir J. (So'h Univ's)Fremantle, Sir F. E.Procter, Major H. A.
Aske, Sir R. W.Fyfe, D. P. M.Pym, L. R.
Astor, Viscountess (Plymouth, Sutton)George, Major G. Lloyd (Pembroke)Radford, E. A.
Baldwin-Webb, Col. J.Gibson, Sir C. G. (Pudsey and Otley)Ramsbotham, Rt. Hon. H.
Balfour, G. (Hampstead)Gledhill, G.Rawson, Sir Cooper
Balfour, Capt. H. H. (Isle of Thanet)Gower, Sir R. V.Reed, Sir H. S. (Aylesbury)
Beamish, Rear-Admiral T. P. H.Greene, W. P. C. (Worcester)Raid, J. S. C. (Hillhead)
Beauchamp, Sir B. C.Grigg, Sir E. W. MRobertson, D.
Beechaman, N. A.Grimston, R. V.Robinson, J. R. (Blackpool)
Bennett, Sir E. N.Guest, Maj. Hon. O. (C'mb'rw'll, N.W.)Ross Taylor, W. (Woodbridge)
Bernays, R. H.Hacking, Rt. Hon. Sir D. H.Royds, Admiral Sir P. M. R.
Blair, Sir R.Hambro, A. V.Ruggles-Brise, Colonel Sir E. A.
Boles, Lt.-Col. D. C.Hammersley, S. S.Russell, Sir Alexander
Bossom, A. C.Hannon, Sir P. J. H.Samuel, M. R. A.
Briscoe, Capt. R. G.Harbord. Sir A.Sandeman, Sir N. S.
Broadbridge, Sir G. T.Harland, H. P.Sanderson. Sir F. B.
Brooke, H. (Lewisham, W.)Haslam, Henry (Horncastle)Schuster, Sir G. E.
Brown, Rt. Hon. E. (Leith)Higgs, W. F.Selley, H. R.
Brown, Brig.-Gen. H. C. (Newbury)Holmes, J. S.Shakespeare, G. H
Bull, B. B.Horsbrugh, FlorenceShaw, Major P. S. (Wavertree)
Burghley, LordHowitt, Dr. A. B.Shaw, Captain W. T. (Forfar)
Burgin, Rt. Hon. E. L.Hudson, Capt. A. U. M. (Hack., N.)Shepperson, Sir E. W.
Burton, Col. H. W.Hume, Sir G. H.Sinclair, Col. T. (Queen's U. B'lf'st)
Butcher, H. W.Jarvis, Sir J. J.Smiles, Lieut.-Colonel Sir W. D.
Campbell, Sir E. T.Jennings, R.Smithers, Sir W.
Carver, Major W. H.Jones, Sir G. W. H. (S'k N'w'gt'n)Somervell, Rt. Hon. Sir Donald
Cary, R. A.Kerr, Colonel C. I. (Montrose)Somerville, Sir A. A. (Windsor)
Channon, H.Kerr, Sir John Graham (Sco'sh Univs.)Southby, Commander Sir A. R. J.
Chapman, A. (Rutherglen)Keyes, Admiral of the Fleet Sir R.Stewart, J. Henderson (Fife, E.)
Christie, J. A.Knox, Major-General Sir A. W. F.Storey, S.
Cobb, Captain E. C. (Preston)Lamb, Sir J. Q.Strauss, H. G. (Norwich)
Colfox, Major Sir W. P.Leech, Sir J. W.Strickland, Captain W. F.
Colman, N. C. D.Lees-Jones, J.Stuart, Rt. Hon. J. (Moray and Nairn)
Colville, Rt. Hon. JohnLeighton, Major B. E. P.Sueter, Rear-Admiral Sir M. F.
Cooke, J. D. (Hammersmith, S.)Levy, T.Tasker, Sir R. I.
Courtauld, Major J. S.Liddall, W. S.Tate, Mavis C.
Courthope, Col. Rt. Hon. Sir G. L.Lindsay, K. M.Taylor, Vice-Adm. E. A. (Padd., S.)
Craven-Ellis, W.Lipson, D. L.Thomas, J. P. L.
Crooke, Sir J. SmedleyLlewellin, Colonel J. J.Thomson, Sir J. D. W.
Crookshank, Capt. Rt. Hon. H. F. C.Lloyd, G. W.Touche, G. C.
Cruddas, Col. B.Loftus, P. C.Tree, A. R. L. F.
Culverwell, C. T.Lucas, Major Sir J. M.Tufnell, Lieut.-Commander R. L.
Davidson, ViscountessMacAndrew, Colonel Sir C. G.Walker-Smith, Sir J.
Davies, Major Sir G. F. (Yeovil)McCorquodale, M. S.Ward, Lieut.-Col. Sir A. L. (Hull)
De la Bère, R.MacDonald, Rt. Hon. M. (Ross)Ward, Irene M. B. (Wallsend)
Denman, Hon. R. D.Magnay, T.Warrender, Sir V.
Denville, AlfredMaitland, Sir AdamWaterhouse, Captain C.
Dodd, J. S.Margesson, Capt. Rt. Hon. H. D. R.Wayland, Sir W. A
Doland, G. F.Mayhew, Lt.-Col. J.Webbe, Sir W. Harold
Drewe, C.Mitchell, Col. H. (Brentf'd & Chisw'k)White, Sir Dymoke (Fareham)
Duckworth, W. R. (Moss Side)Morgan, R. H. (Worcester, Stourbridge)Wickham, Lt.-Col. E. T. R.
Duncan, J. A. L. (Kensington, N.)Morrison, G. A. (Scottish Univ's.)Williams, C. (Torquay)
Dunglass, LordMorrison, Rt. Hon. W. S. (Cirencester)Wragg, H.
Edmondson, Major Sir J.Munro, P.Young, A. S. L. (Partick)
Elliot, Rt. Hon. W. E.Neven-Spance, Major B. H. H.
Elliston, Capt. G. S.O'Connor, Sir Terence J.TELLERS FOR THE NOES.—
Emery, J. F.O'Neill, Rt. Hon. Sir HughMr. Buchan-Hepburn and Mr.
Emrys-Evans, P. V.Palmer, G. E. H.Boulton.

Clause ordered to stand part of the Bill.

Clause 3—(Transitional Provisions)

8.34 p.m.

I beg to move, in page 4, line 19, at the end, to insert:

"(3) Regulations may be made by the National Health Insurance Joint Committee
under the National Health Insurance Acts, 1936 to 1939, with respect to the administration of sickness payments, and such regulations may, in particular, make provision as to the bodies by or through which such payments are to be administered, as to the keeping of accounts of sums expended on such, payments and the determination of the amounts chargeable in respect of expenses of such bodies as aforesaid' in connection with the administration of such payments, and as to the audit of such accounts and expenses, and regulations so made may apply any of the provisions of the said Acts, with or without. modifications."
The Bill provides for insured women receiving sickness payments during the transitional period, but it does not include provision for the administration of these payments. The question was raised while we were discussing sickness payments on the last Clause as to who was to administer them. Regulations will be made for the administration of these payments, including such matters as the bodies by or through which the payments are to be made, the keeping and auditing of accounts and the payment of expenses of administration. Hon. Members, especially those connected with the administration of approved societies, will be glad to know that we do propose that these payments shall be made through approved societies. That was a point which the approved societies put to us, and I am able to announce that that is the way in which these payments will be administered.

8.36 p.m.

Can the right hon. Gentleman tell us what allowance for administration will be given to approved societies? He knows that the allowance at present is about 4s. 6d. per annum.

We shall be in negotiation with the approved societies on these points, and I am sure that we shall be better able to reach a satisfactory conclusion if I do not announce a figure on the Floor of the House. Therefore, I hope my hon. Friend will allow me to say that it is our intention to work through the approved societies and that these points will be settled with them.

But not without taking any notice of Parliament. The right hon. Gentleman will still consult us?

Can the Minister say whether any appeal will be open to the individuals concerned in these cases? Will he take care that the individual shall have an appeal if he is not satisfied with the decision which has been come to?

8.38 p.m.

I have one or two points which I think I can put to the Minister upon this Clause. There is one question which is causing concern to many women. Under the Measure they have to disclose to their employers that they have become 60 and are entitled to a pension. Women are rather more tender about making such disclosures than are men, and for industrial reasons they fear that it may affect them both as regards wages and conditions of employment. I hope that between now and a later stage of the Bill the Minister will devise some means whereby women may not find it compulsory to disclose to their employers that they have attained the age of 60, and may voluntarily continue to pay their contributions through their employers and recover them from the Ministry at the end of the year or some other suitable period. Women now look younger than they have ever looked in the past, even when they become 65, and it is rather important—

I do not think the hon. Member is in Order in raising this point. This Clause relates to transitional provisions.

8.40 p.m.

The Minister is, taking power to make regulations under the principal Act and proposes to take some direct responsibility for the regulations made. The power which he takes in Sub-sections (1) and (2) of this Clause will also apply to any regulations which may be made under the National Health Insurance Joint Committee. I am anxious to know where we are, because so many people now seem to be making regulations. Will the Minister have direct responsibility for any regulations made by the National Health Insurance Joint Committee?

8.41 p.m.

I should like to underline the point which the hon. Member for East Birkenhead (Mr. White) has just put forward. Whatever may be said in this House, whatever promises may be given in regard to provisions of this kind, we cannot forget our experience of the Bill setting up the Unemployment Assistance Board, where everything was done by regulation. What the right hon. Gentleman is doing is taking to himself the power to legislate on even more definite lines than are in the Bill itself. For all effective purposes the regulations are the real legislation. Already we have had experience of such procedure. When this Bill comes to be applied, it will be discovered that the real legislation was not in the Bill which the House passed into an Act but in the regulations themselves. Parliament never gets really excited on these matters until we come to the regulations. I wish to emphasise what the hon. Member for East Birkenhead has said, and I ask the Minister to tell us how these regulations will be made and what we shall have to discuss when they come before the House, as I assume they will. It is important that their presentation to Parliament should not be a mere formality but that they should be presented in such a manner as will give the House an opportunity of discussing them, so that we may know what we are doing.

If I may add one word to what I said, I take it the regulations will come up on the responsibility of the right hon. Gentleman himself?

8.43 p.m.

There is another aspect of this problem to which I hope the Minister will give attention. After our experience of the administration of the Unemployment Assistance Board, we are bound to feel concerned about regulations. I am not as much concerned about them on this Clause as I shall be later, but even on this Clause the position ought to be made clear. Under the administration of the Unemployment Assistance Board we have found that varying interpretations have been put upon regulations, which has resulted in variations ranging from 3s. to 6s. in payments made throughout the country. There have also been varying interpretations put upon the needs of particular households. Therefore, I would ask the Minister to have the regulations framed in such a way as to bring about uniformity of interpretation as far as possible throughout the country.

Does my hon. Friend mean uniformity which will bring all up to the highest?

The hon. Member for Gorbals (Mr. Buchanan) knows me well enough to know what I have in mind. In my Second Reading speech I made it clear. I hope the regulations will be drawn up so as to bring about uniformity of interpretation throughout the country.

8.45 p.m.

I sympathise with the desire of the Committee to be clear on this point. The hon. Member for East Birkenhead (Mr. White) wishes to be assured that the regulations will come forward with the full authority of the Minister. I can give that assurance. The Amendment merely authorises the making of regulations to deal with certain matters of administration which are set out in the words on the Paper. They come under the principal Act. There is nothing new here. This is under the old National Health Insurance Act, where is set out, in Section 160, the constitution of the Joint Committee and the fact that I am not merely a member of that committee, but am the chairman of it. Anything that is brought before the House comes with the full authority of the Minister, who is chairman of the Joint Committee.

As the hon. Member for Stoke-on-Trent (Mr. E. Smith) said, these are not regulations of the importance of those to which we shall come later. Both the Committee and the Minister will be very alive to what is done there, because those later regulations will be of the most vital importance to the ordinary citizen in his everyday life. In this case we are dealing merely with regulations as to who is to administer certain payments. That can properly be done by bringing regulations before this House, and by giving the Minister power to make such regulations under the old-established Insurance Act. These regulations can be laid on the Table of the House, and are not like the others, which are subject to an affirmative Resolution. The main regulations, under which the lives of the citizens will be affected, will be the subject of further discussion.

8.48 p.m.

Did the right hon. Gentleman mean or intend to say, in the assurance which he has just given, that any regulations that he may issue during the transitional period for the avoiding of hardship would involve no greater hardship, or any reduction of the present status of the people concerned?

I am afraid that the point does not arise upon the Amendment we are now discussing. I gave the Committee an assurance that the bodies referred to in the Amendment will deal with the narrow point, and that the Minister will have explicit authority to make regulations allowing the approved societies to administer these sickness payments.

8.49 p.m.

I would like to be clear on this matter. Under Clause 3, the Minister may make regulations for the avoidance of hardship. I take it that they will lay down a scheme relating to the income of the persons concerned. Subsequently, regulations will be made, not by the Minister, but by the Joint Committee responsible for administration, and that they will be applying the regulations which were previously made by the Minister under the first Sub-section of the Clause. Am I right in supposing that those regulations will be more a matter of arranging how the persons shall make their appeal? Is that the position? How a person will come out, under this Clause for the avoidance of hardship, will depend upon the regulations made by the Minister rather than on the regulations made by the Joint Committee. These will have nothing really to do, but the regulations made by the Minister will be the determining regulations as to what the person will get if hardship is to be avoided.

If I got the hon. Gentleman's argument aright, I would say that I think that that is roughly the case. These regulations are administering regulations.

Amendment agreed to.

8.52 p.m.

I beg to move, in page 4, line 22, at the end, to insert:

"or under the enactments relating to unemployment insurance in force in Northern Ireland."
This Amendment relates to Northern Ireland. The Committee may be aware that reciprocal arrangements at present exist between Great Britain and Northern Ireland relating to benefit payable in either of these two countries by virtue of contributions paid in the other part of the Kingdom. The Parliament of Northern Ireland will be passing legislation similar to the Bill, and it will be necessary to extend the reciprocal arrangement to cover the payment of contributions and benefits. Accordingly, this Amendment and that which follows are necessary, with a view to that occurring.

8.53 p.m.

I do not want to pursue this point unduly, but did I understand the hon. and learned Gentleman to say that the Parliament of Northern Ireland will make reciprocal arrangements in this connection, or that it is expected that they will?

I notice that in Part III of the Bill it does not extend to Northern Ireland "save as otherwise expressly provided," and I presume that as Northern Ireland would follow suit, Part II of the Bill would also come in for similar special consideration.

8.54 p.m.

There is no intention to legislate for Northern Ireland. What we are doing is to legislate for Great Britain, in order that we may maintain that reciprocal arrangement with Northern Ireland by paying the benefits here, in respect of contributions paid in Northern Ireland; and that will occur if and when Northern Ireland has the same proposals as we are laying before the Committee to-night. There is no suggestion that we are legislating for Northern Ireland, or that we are taking on any more than we expect Northern Ireland will be willing to pass.

Possibly the Minister of Health will be able to answer a question. I take it that a person granted a pension at 60, whether spinster or widow, will retain the right of going to a Colony and of retaining the present pension?

8.55 p.m.

Can the hon. and learned Gentleman say whether an arrangement has been made so as to make this matter reciprocal between ourselves and Northern Ireland? If they adopt the Act in Northern Ireland and somebody pays contributions there, that person will receive benefit if he comes to this country. I would like to know whether an arrangement has been come to so that in similar circumstances a woman in this country who reaches the stage where she becomes entitled to benefit and goes to Northern Ireland can receive the benefit as she would have done if she had remained here?

If our anticipations are fulfilled people will receive benefit in those circumstances. That, of course, is primarily a matter for Northern Ireland.

Surely, the Minister will agree that if he is making a concession to Northern Ireland—and I regard it as a concession—before making that concession he should have an assurance from Northern Ireland that if a Bill is introduced to the Northern Ireland Parliament they will make similar arrangements for persons going from here to Northern Ireland?

8.57 p.m.

As I understand the Amendment moved by the learned Solicitor-General for Scotland, if Northern Ireland adopts proposals similar to these, you will take in National Health Insurance and Unemployment Insurance. There is reciprocal treatment for people who move from Northern Ireland across here. Under unemployment insurance a person with 30 stamps who moves from Northern Ireland to England and who satisfies certain conditions can qualify for benefit. The same applies to health insurance, and as I understand it when this Amendment is accepted a person will only be able to receive benefit if Northern Ireland passes legislation of a similar kind. I would like to know what constitutes similar legislation. Is it to be a Bill the same as this, or will the Minister of Health say it is a reciprocal arrangement if the Northern Ireland Government pass a different Bill, at least with regard to Part I? For the moment I am not discussing Part II.

I must confess that I read with great interest and with a sense of admiration the hon. Gentleman's speech in which he condemned the household means test. That is to his credit. My point is this: Supposing the Northern Ireland Government decide not to have a Part I exactly the same as the Part I in this Bill with regard to each item; in other words, a single person now in receipt of national health insurance benefit will be worse off under this section of the Act than she would have been under the Poor Law assistance. That is admitted. Supposing the Northern Ireland Government take a different view, would this reciprocal arrangement still apply? I think we are entitled to know exactly what is meant by "reciprocal." If it is said that Northern Ireland must pass the same sort of thing it is an unanswerable case against the Northern Ireland Government because of the liberty they are going to have in passing the same Act that we are passing.

The other point I desire to raise is this: With regard to the question of social legislation, has the time not now come when the right hon. Gentleman, as Minister of Health, might open negotiations with the other section of Ireland with a view to having reciprocal legislation which might do something towards increasing friendship between North and South and between Ireland and this country?

I have listened to the points raised by the hon. Member but they do not really arise on this Amendment because this Amendment is confined to the transitional provisions which are to be enacted in this Clause. The points which the hon. Member raised relate to the other provisions of Part I to which this Amendment does not apply. The question as to what constitutes similarity no doubt will be considered, but on the limited scope of Clause 3 no such general question will become material. Accordingly on this Amendment there is no room for considering the points raised by the hon. Gentleman.

I am obliged to the hon. and learned Gentleman for his explanation, and I will raise my points later on.

Amendment agreed to.

Further Amendment made:

In page 4, line 27, after "to," insert:

"under the Unemployment Insurance Acts, 1935 to 1939."—[The Solicitor-General for Scotland.]

9.2 p.m.

I beg to move, in page 4, line 29, at the end, to insert:

"(4) On the application of the body charged with the administration of any special scheme made under the Unemployment Insurance Acts, 1935 to 1939, the Minister of Labour may by order vary or amend the provisions of the scheme in such manner as may be necessary to secure that during the transitional period women who immediately before the commencement of this Part of this Act were persons to whom the scheme applied shall, after attaining the age of 60 and before they attain the age of 65, be entitled to benefits under the scheme not less favourable than those provided with respect to insured contributors by the provisions of the last foregoing Sub-section."
The purpose of this Amendment is to deal with a provision under the special schemes for persons employed in the banking industry and the insurance industry. The general position under the schemes is safeguarded and people covered by those schemes are brought in by Clause 2 which we have already passed. Without this special Sub-section, however, the transitional provisions that occur in Clause 3 would not apply to these special schemes. The object of this Amendment, therefore, is to ensure that the persons in the special schemes are not only on the same footing so far as the general provisions of the Bill are concerned but that they are not on a less favourable footing so far as the transitional provisions are concerned.

9.3 p.m.

I notice that the Amendment says that the Minister "may by order vary." I wonder whether the word "may" will have the same force as "shall." It might mean that the Minister of Labour would not do this and there would then be persons in the schemes who until the Minister of Labour took action would be put into a worse position. I take it that the Government do not intend that these people shall be put into a worse position, but that they are moving this Amendment so that the rights of these people shall be safeguarded adequately. I suggest to the Solicitor-General for Scotland that instead of "may" the word should be "shall" so that it will be obligatory on the Minister of Labour that immediate steps should be taken on the passage of this Bill to secure the rights of these people. I myself am experienced, for example, in connection with people in the insurance scheme and I think at certain times there has been a tendency for them to get a little out of parallel. I hope that no mistake will be made on this occasion, and I desire to know from the Solicitor-General for Scotland whether it would not be better to make the alteration which I have suggested even if he has already intended that "may" has the effect of "shall." If that is his intention, would it not be better draftsmanship to say "shall," so that there may be no question about it afterwards? Although I am a lawyer myself, I do not want additional work to be made for lawyers as a result of this Measure.

9.6 p.m.

I think that the mere fact of our putting forward this Sub-section indicates the Government's intention to act under it. With regard to the substitution of "shall" for "may," I do not think it would be at all good draftsmanship. Look at what follows. The Minister

"may by order vary or amend the provisions of the scheme in such manner as may be necessary."
Accordingly, whether you put in "may" or "shall," the Minister must determine in what manner it is necessary to proceed, and that discretion is necessarily permissive. It appears that the use of "shall" would conflict with what follows.

9.7 p.m.

I am completely dissatisfied with that explanation. The hon. and learned Member says that because the term "may be necessary" is used, there is nothing to make it obligatory upon the Minister of Labour to take action. But if it is made obligatory, by the substitution of "shall," the Minister will have a job given to him, and afterwards he may decide what may be necessary in order that he shall carry out the duty imposed upon him by this House. It is all very well to say that the Government intend to do this, and that the fact that they are moving this Amendment shows that they do; but the fact that it was not originally in the Bill shows that it was only an afterthought on the Government's part. If the Minister of Labour becomes very busy with the National Service work that is handed on to him, it may well be thought that the interests of these people can wait. I do not suppose any Ministry is busier than the Ministry of Labour; but I cannot see why the Government should not make it plain that this duty is obligatory. I am sure that the Minister of Labour, who is here himself, would not object to having it made obligatory. I am sure he would welcome it, because he would know then what this House wanted him to do.

9.8 p.m.

May not this be the position if the word "may" is left in the Bill? If the Minister of Labour were, for some reason or other, to fail to act in accordance with the intention of this House, would not the women concerned be deprived of the protection that the Clause attempts to give them? If that be so—and it seems to me that it must be so—in the interests of the women concerned, the word "may" should be altered to "shall." I should like to know from the Solicitor-General for Scotland whether the fear that I have expressed is not well-founded.

9.9 p.m.

Surely the Minister is not right in his interpretation of "shall." In the Sub-section reference is made to the body responsible to the Minister for special schemes, and then it is laid down that the Minister

"may by order vary or amend the provisions of the scheme in such manner as may be necessary."
to provide for the people concerned certain benefits which they are now getting, and to see that those benefits are not in any way diminished. Under the Subsection, as it stands, the Minister, it is true, may do so; but equally he may not. I take it that if the Sub-section is to remain in its present form, it will be necessary to have some court of appeal to which the people concerned may appeal against the Minister's decisions. The Minister's duties will prevent him giving his individual attention to all cases that come forward. Suppose two or more societies applied to the Minister to vary conditions now existing, for the purpose of guaranteeing benefits. One set of applications may be considered by one official, and another set of applications by a different official in the same Department; and these two officials might easily come to different conclusions on cases in respect of which the circumstances were exactly similar. Each, after writing his letters, will bring them to the Minister to sign. The Minister will not have time to go into the merits of every individual application, and it may well happen that two diametrically opposite decisions may be arrived at for similar cases. If the intention is to do a certain thing, why on earth should we not insert the word "shall," so that the officials of the Ministry will have an instruction which is definite and which will secure equality of treatment for all concerned?

9.13 p.m.

There are two points which have been made by hon. Members. The first is that perhaps the Minister might not move at all. The second is that, if he did move, he might not give equal justice all round. The second point cannot possibly be met by inserting "shall" because there is no more guarantee that equality of treatment will be carried out if the Minister is instructed than if he is merely empowered. The remedy is that somebody raises the matter in the House, and it is put right. On the other point, I would remind the Committee that it has been a very long-standing subject of debate in this House whether "may" or "shall" shall be used. In innumerable cases, and more especially in the Section of the Unemployment Insurance Act which deals with these schemes, the word "may" has been used. If you now start varying it, and putting in the word "shall," you rather throw a doubt on what has always been understood about the meaning of the word "may" in these Sections. [An Hon. Member: "By the courts?"] There have been several cases where the courts have interpreted "may" as being the same as "shall."(Hon. Members: "And others where they have not."] Where a Department is told that it may do something, and there is an obvious need that that should be done, I know of no case where the Department has failed to act, on the ground that "may" does not mean "shall." It would be very unfortunate, not only from the aspect of throwing doubt upon the principal section of the Scheme, but of throwing doubt upon innumerable other sections, if we should now decide to change the traditional word "may" into "shall." It would, I can assure the Committee, throw a great number of existing provisions into something like confusion.

9.16 p.m.

I do not think that the Solicitor-General for Scotland has put up a very good case in his special pleading for this particular Clause. It may be that he has not participated very often in the discussions of this House, and as he listens more to his right hon. Friend the Minister of Health, who is an adept at explaining the little intricacies in a very round about way, he may improve. To say that some of the courts agree that "may" means "shall," and that some of the courts do not agree that "may" means "shall" is hardly a reasonable case to put forward. One ought to be very definite with regard to this matter. The Amendment asks the Members here, in view of the failures of the court, one way or another to make absolutely certain themselves that they use the right word. I do not think that there is any right hon. or hon. Member who would disagree that when it is laid down in a Clause that the Minister "may" do a certain thing, it also means that he may not do it. If we state that the Minister "shall" do it, it means that the Minister must take a certain line of action. The Solicitor-General for Scotland forgets that before the Minister can move at all the Amendment states:

"On the application of the body charged with the administration of any special scheme,"
and it is only on the application of that body that the Minister of Labour may vary or amend certain provisions. We on this side of the Committee have had experience of outside organisations. Even the Unemployment Assistance Board have acted and have incorporated regulations in such a manner that hon. Members have had to come to the House with protests to the Minister in order to force the Minister to take some action. If the Solicitor-General for Scotland says that the application must be made by one of these bodies, and that if they make application the Minister then may only do a certain thing, it means that, if there is dissatisfaction with that body, and they do not make representations to the Minister of Labour, nothing is done. Hon. Members have therefore to come to the House and question the Minister, or make statements, or put the case, all of which could be clearly avoided if the correct wording was used in this Clause. The hon. and learned Gentleman has begged the whole question and has failed to recognise all the bodies to which the administration may be allotted so that an application may not get to the Minister at all. If they make an application it is left to the discretion of the Minister himself as to whether he will try to bring the applications up to
"the provisions of the last foregoing Subsection."
The Clause is very badly worded. I am only a layman, but I am sure that the legal fraternity both in this House and in the country could make this Clause unintelligible. Neither the Solicitor-General for Scotland nor the right hon. Gentleman should appeal to hon. Members that because of certain enumerable cases in which the word "may" Is used, it should be used on this occasion. That is not an argument, but merely an appeal to a silly kind of sentiment. The Solicitor-General for Scotland will agree that in enumerable cases, as he has suggested, it is debatable and its meaning can be questioned, and it causes trouble, discussion, and legal proceedings. Therefore, why not take this opportunity of putting in clearly that the Minister himself shall take this action, and show that the Government really intend to leave no loopholes that will prevent these people from being assisted?

9.22 p.m.

I should like to put a direct question to the hon. and learned Gentleman the Solicitor-General for Scotland, and it would satisfy me if I could receive a definite answer. Assume that an application had been made to the Minister of Labour by the body charged with the administration of these several schemes that they should be covered by the first part of this Bill. Would not the Minister then be entitled, as far as this Clause is concerned, to say, "No"? There is nothing in the Bill that makes it obligatory upon him to vary or alter the provisions. I want an answer to the question, Would not the Minister of Labour be entitled, as far as the phrasing of this Clause is concerned, apart from any other kind of consideration, to say, "I cannot be compelled to do what you ask me to do because there is no compulsion and no definite strict obligation placed upon me. The word is may and not shall." I would like an answer to that question.

9.24 p.m.

I have been looking at this a little further, and I want to ask another question in connection with this part of the Bill. I notice that the Amendment begins with:

"On the application of the body charged with the administration of any special scheme."
If those who are responsible for the banking scheme or the insurance scheme do not make any application, are their members from 60 to 65 not to have the advantages, if there are advantages, under Part I of the Bill? That question is very pertinent and important. The whole question as to what is to be the position of the women in the banking and insurance industry is being determined, I take it, under this Amendment, and possibly the people responsible for the conduct of the banking or insurance scheme may think that the disadvantages, as far as their workers are concerned, will be sufficiently great that they will not want to have them applied. It might mean a lot of work to them in connection with this scheme, and they may not want to apply it. When these schemes were agreed upon the one principle upon which the House went was that the workers in no respect should be worse off than under the general scheme. I want the Solicitor-General for Scotland to tell me whether the Government first consulted the representatives of banking and insurance companies as to what their views were on this new legislation, and, if they have had no such consultation, whether they think it sufficient to simply leave the workers in these industries at the mercy of those administering these respective schemes.

9.27 p.m.

The body referred to in the Amendment is a representative body, and, accordingly, as the Amendment proposes to confer benefits on the constituents of that representative body, it does not seem necessary to compel them to act in the interests of their own constituents. On the other question as to the Minister carrying out this matter, there is a very clear direction in the Amendment as to what the Minister has to do. It is perfectly true that you cannot compel a Minister to do things by taking him to the courts in the Strand, but you can compel him to do his duty by requiring him to answer in the House of Commons the criticism of hon. Members.

It is the force of the criticism and not the force of numbers which counts. Surely the better scheme is that the Minister responsible to Parliament should be responsible to Parliament, and should not be haled to the courts.

I thought I was voicing the demand of the nation that it should be made obligatory upon him; I had no idea that I was taking the Minister to the Strand.

Surely the Solicitor-General will agree that the purpose of the Amendment is to see that these people do not lose anything in accordance with the provisions of the previous Sub-section. Why then say that we must come here and question the Minister of Labour? Surely we want to avoid that, and an unnecessary waste of Parliamentary time.

9.30 p.m.

I want to clear up one matter which is confusing me. The Government say that it is undesirable to compel a Minister to act in the interests of his constituents. That is perhaps a very sound argument, but I suggest that it is much more desirable that a clear direction should be given to the Minister as to what his duties are In the third line of this Amendment there is the little word "may," and I want to ask why not substitute "shall" for that word? It seems to me that if these people "shall be entitled to benefits," it is equally the duty of the Minister of Labour that he shall do so and so. I submit that the word "shall" in that connection makes it desirable that the word "may" in line three shall be altered to "shall."

9.31 p.m.

It seems to me that the Minister is taking the very powers and duties which we suggested should be left to the people who are already in charge of this money, and that he is setting up by this Clause a body which shall be answerable for the spending of the money. If the case I put on the previous Amendment is to be met by these regulations, it seems to me that the individual who will receive benefit is going to receive it from some other source than the one from which he is receiving it at the present time. An insurance society will no longer be responsible to the member for the payment of benefit for which he has contracted, and the new body which is set up by this Amendment is to make payment to people who are already provided for in existing legislation.

We are not setting up any new body. The body to which the Amendment refers is already charged with the administration of this scheme, and they will, of course, administer the extra money.

Granted that this is a special scheme, it is because it is a special scheme, and this extra machinery is required, that I am objecting to it. The answer given bears out my point, that these people are already provided for in the national insurance Acts. The people who will be dealt with by this new machinery are being dealt with already, but there is to be a transition period. This is duplicate machinery to deal with the same people. It is intended to provide for people who in the transition period will be passing from National Health insurance in a period of five years, and in order that no hardship shall arise a new body is to be set up to deal with these people. It would have been much simpler to leave these people under the Acts which cover them and allow them to draw the benefits for which they have contracted. They would not be receiving these benefits if they had not contracted for them.

Amendment agreed to.

Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."

9.35 p.m..

There is a fear on this side of the Committee, and among many who are coming under this scheme, that they will be worse off in many ways under the Bill than they would have been if the Bill had not been passed. I take it from what the Minister has said that the Government are very anxious that nobody should be worse off, and we would like in the discussion on this Clause to have some guarantee from him that the changes that will be made will prevent a woman who has passed 60, and has not reached 65, from suffering by the passing of the Measure. As far as I understand this Clause, if a woman is 60 now, she benefits until she is 65, but if she becomes ill and has to go on public assistance, a sum of 7s. 6d. or, at least 6s., will be excluded from any consideration. If a woman of 60 is disabled for life she carries on drawing the 6s. a week and if she goes before a public assistance committee, her position is unaltered. In other words, she still draws the scales, plus 6s., but if she ceases to be entitled to the 6s. disablement benefit or any benefit under the National Health Insurance scheme and goes on the pensions scheme, and requires additional benefit, she can never receive more than the maximum under national health insurance, minus 6s. or 7s. 6d. Whatever has been done, or whatever change may take place, a woman will be worse off after this Bill is passed than she would have been, in these circumstances, had the Bill not been passed.

May I put one or two questions? If a woman is 56 now she will be insured under this Measure until she is 61. By that time, this provision will have come to an end and, therefore, four years afterwards she will have no claim on the National Health Insurance Fund. If she is 57, she will go on at 62, and if she is 59 she will go on at 64, and so on. But this will be a transition period of five years and at the end of that time all the advantages there are under this Clause will cease to exist. I am sorry to say there is a suspicion in the country that there are provisions in this Bill which provide a gentle way of reducing certain benefits that now accrue to old age pensioners. We want an assurance that that is not the case, and an assurance from the Minister that he is prepared to put in alterations which will guarantee that no woman will be worse off after the passing of the Bill.

Before the Minister replies, I should say I am in some little doubt as to whether the hon. Member has addressed himself to this Clause at all or not. I must reserve the rights of the Chair. This Clause deals with the transitional period and the hon. Member was talking about something outside that period.

This applies to the few people: who come within the transition period.

9.41 p.m.

The hon. Member for East Stirling (Mr. Woodburn) put a point which arises out of the useful discussion we had earlier. The point put by hon. Members is something like this: At present, a local authority disregards a certain payment which a woman may have if that payment is made in respect of sickness. When this Bill becomes an Act of Parliament it may not be possible, for a woman receiving that payment, to define that she is receiving it in respect of sickness and, therefore, the body before which she goes—the Assistance Board—might not be willing to disregard that, with the result that the insured person might be worse off in going for supplementation, than she would have been, by going for supplementation to the public assistance authority. That is a point to which I shall certainly direct my attention. I do not think I can go further at the moment, and I do not think the Committee will expect me to do so. I am glad that the point has been brought to my notice and I will gladly look into it before the next stage of the Bill.

9.42 p.m.

I would like to raise one other point. Is not this the situation? A person aged 59 would get her pension, under sickness benefit and 7s. 6d. would be disregarded, leaving her with a net amount of 2s. 6d. She would go to the public assistance committee, who would give her, on the average, 8s. So she would have, during the period of sickness, 18s. A woman now 61, gets 10s. old age pension and is entitled to go to the Assistance Board for a supplementary pension. The first thing is to make her up to the scale rate, us. The Board will have to consider whether they will exercise their discretion on account of her sickness, and I think that in their most generous mood the Board would not give her more than 2s. or 3s. Actually she will be 6s. a week worse off. Both the Minister and the hon. Lady have stated that it is not the intention of the Government that anyone should be worse off as a result of this Bill and I hope they will bear that in mind. There is another point: Under this Clause you define this new payment you propose to give during the transition period. It is described as sickness payment. Has the Minister described it as sickness payment, in order that it shall be included at its full value when the person concerned makes application for supplemental pension, or will it be regarded for supplementary pension purposes, as National Health Insurance payment?

The first point mentioned by the hon. Member really arises on a later stage of the Bill. As to the second point the payment is called a sickness payment because it is not disablement benefit or sickness benefit with which we were dealing before. It is given a special name because it is a special thing. It is because he or she has been

"rendered incapable of work by some specific disease or bodily or mental disablement."

There need be no apprehension.

Question, "That the Clause, as amended, stand part of the Bill," put, and agreed to.

Clause 4—(Adjustment Of Reserves Of Approved Societies)

I beg to move, in page 5, line 13, at the end, to insert:

"(3) This Section shall apply in relation to the Deposit Contributors Insurance Section and the Navy, Army and Air Force Insurance Fund respectively as if they were approved societies."
This Amendment will make the provisions in the Bill regarding sickness payment apply to insured women who are members of the Deposit Contributors Fund (Insurance Section) and the Navy, Army, and Air Force Insurance Fund, which are not actually approved societies although they are of the nature of approved societies. The Insurance Act authorises the making of regulations specifying the provisions of that Act which are to apply to the funds as if they were approved societies, but the present Bill is not part of the Insurance Act. It is necessary therefore to specify that the provisions of the Bill for financing sickness payments by the transfer of reserves to this Special Suspense Fund shall also apply to these two Insurance Funds.

Amendment agreed to.

I beg to move, in page 5, line 16, at the end, to insert:

"and such amounts as may be determined, in accordance with the regulations made by the National Health Insurance Joint Committee, to be the amounts chargeable in respect of expenses in connection with the administration of such payments."

This is a drafting Amendment.

Amendment agreed to.

I beg to move, in page 5, line 19, at the end, to add:

"(5) If provision is made by any enactment of the Parliament of Northern Ireland appearing to His Majesty substantially to correspond to the provisions of this Part of this Act, His Majesty may by Order in Council make provision for the payment into the Special Suspense Fund of such sums as may be provided by the said enactment and direct that the provisions of this Section relating to the payment out of that fund of sums expended on sicknes payments and expenses in connection with the administration of such payments shall, with or without modifications, extend to Northern Ireland."
It has been already announced in the Northern Ireland Parliament that a corresponding Bill will be introduced in that Parliament. The hon. Member for Gorbals (Mr. Buchanan) raised a question whether that Bill would vary from the provisions of this Bill. I should think the answer would certainly be "Yes." It would not be an identical Bill but a Bill similar to this one. If that Bill provides for the transfer of the reserves of Northern Ireland Approved Societies into the Special Suspense Fund under Clause 4 it will be proper that sickness payments to women members should be paid out of that fund. This Amendment provides that by Order-in-Council Clause 4 (3) of the Bill may be extended with or without modifications to Northern Ireland.

9.50 p.m.

I am reminded that a few years ago a bright and shining light in the present Government was invited to Northern Ireland, and he came back to this House and asked the British taxpayers to pay a sum of £4,000,000 to the Northern Ireland Government for the purpose of making their Insurance Fund solvent. I am afraid that by the use of the word "substantially" in this Amendment we may have a repetition of what took place at that time. It is quite true that at that time the Minister received from the Northern Ireland Parliament a shillelagh and a cutty pipe, but £4,000,000 was rather a long price for the British taxpayer to pay. If the Minister would agree to drop the word "substantially," I think the Amendment would be acceptable, but if that word is kept in, I would suggest that hon. Members on this side of the Committee should oppose it.

9.52 p.m.

The reference made by the hon. Member to £4,000,000 may be humorous, but I think hon. Members ought to remember that in Northern Ireland we pay taxes identically the same as are paid here. It is only right therefore that we should participate in the case of moneys transferred from our Exchequer to the Exchequer here. We now have an opportunity in Northern Ireland of giving to the people of Northern Ireland whatever benefits there may be under this Bill.

Is not the meaning of this Amendment that the peculiar circumstances of Northern Ireland may make it impossible to have exactly the same legislation there, but that it will be expected that there will be no wide departure from the legislation here? Therefore, the word "substantially" is necessary because although the legislation may not be identical it must be as nearly the same as is possible.

9.54 p.m.

I think that roughly that is so. The hon. Member for Gorbals (Mr. Buchanan) himself drew attention, I think, to the undesirability of laying down that the provisions in the Bill should be identical in each country. If it is undesirable that the two sets of legislation should be identical I think it will be agreed that they should be substantially the same so that they may be brought into harmony. If they were widely different they could not be harmonious, but it would be wrong to enact something that said that unless in every respect the Northern Ireland Act corresponded identically we would not have anything to do with it.

9.55 p.m.

I hope the Minister will find a better word than "substantially." After all, I might say that 4d. was a substantial part of is., but the Minister might say that a substantial part of is. was 8d. The word "substantially" could be interpreted in a number of ways. I suggest that perhaps "closely" would be a better word to use. I am a little afraid that something similar to what my hon. Friend the Member for Tradeston (Mr. T. Henderson) has described may happen. It is true that £4,000,000 was given by the taxpayers of this country to Northern Ireland.

I very nearly called the hon. Member for Tradeston (Mr. T. Henderson) to Order when he was referring to that matter. I would point out to the hon. Member that the word "substantially" in the Amendment has nothing to do with figures.

I merely want to say that I hope that between now and the Report stage the Minister will find a better word than "substantially." There is one other point to which I want to refer. The Minister used the word "may." If he had used the same word in connection with the matter we discussed on the last Amendment, it would have been very much better. In the case of this Amendment, the word is not "may," as the Minister said, but "shall."

Amendment agreed to.

Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."

9.57 p.m.

Hon. Members will notice that the object of this Clause is the adjustment of the reserves of approved societies. I should like to read a passage from that part of the Actuary's report which relates to this Clause.

"In respect of existing insured persons, approved societies with female members will be relieved of a considerable liability by the termination of the right to sickness and disablement benefits at the age of 60, since hitherto their reserves have been maintained on the basis that these benefits would continue until the age of 65."
Apart from those who receive transitional sickness benefits between the ages of 60 and 65, women will ordinarily drop out of approved societies at the age of 60 because they will be in receipt of a pension of 10s. a week at that age. This will release a great deal of the reserves that are held by approved societies in respect of these women who would otherwise continue their membership until 65 years of age. Perhaps the right hon. Gentleman will be good enough to make clear one point in respect of these women who draw a pension at 60. They will be entitled to medical benefit throughout life. I believe I am right in saying that approved societies who can afford it pay some forms of additional benefits to male insured persons over 65 years of age, in addition to the medical benefit to which they are entitled for life. I notice that in Clause 4, Sub-section (1), there is a reference to "other than additional benefits," and although the words I have quoted refer to women who are to receive transitional sickness benefits, I am still wondering whether any kind of additional benefits will be payable to women in general from 60 years of age upwards.

I want, once again, to pay a tribute to the Civil Service on the clever way in which they put through these things to cover up the many tricks that Government plays on Parliament. This is one of them. The money that is to be released by virtue of the fact that these women go out of the approved societies is to be utilised according to Sub-section (4) of this Clause—
"The residue of the sums standing to the credit of the Special Suspense Fund shall be dealt with in such manner as Parliament may hereafter determine."
I will explain to the Committee what that means in the language of the Actuary—
"The provision needed for these benefits"—
that is, the transitional benefits—
"is necessarily very speculative, and I estimate with some reserve that the sums required will amount to between £750,000 and £1,000,000 in the aggregate, and that accordingly the amount of the balance remaining to be dealt with thereafter will be rather less than £3,000,000."
I want to direct the attention of the Committee to that sum, a little less than £3,000,000, which is to be released from the funds of the approved societies consequent upon the fact that women between the ages of 60 and 65 will no longer be entitled to sickness and disablement benefits. What is it intended to do with this money? It is to be left in the suspense account until Parliament decides what to do with it. I remember the present First Lord of the Admiralty, when he was Chancellor of the Exchequer, coming down to the House and asking us to tighten our belts. Some people were asked to tighten their belts who had no belts left to tighten. The Budget was in difficulty, and the right hon. Gentleman reduced the subsidy to the approved societies by about £2,250,000 per annum. Those who are connected with approved societies are a little afraid, therefore, that they may be called upon once again to do something in the nature of tightening their belts to assist the Treasury. At the present rate of national expenditure, I am not sure that the demand may not come upon us fairly soon. If the Chancellor of the Exchequer finds out from this Debate and from the Actuary's report that there is available somewhere a sum of £2,750,000, I am almost certain what he will do with it. He will lift it from this Special Suspense Fund and put it to the credit of his own account in the Budget. That is the kind of trick that will be played on us. I appeal to the right hon. Gentleman the Minister of Health to do one thing, and I do not care at what stage of the Bill he does it. I think he ought to take that Sub-section out of the Clause and leave the £2,750,000 which is released in the funds of the approved societies.

My hon. Friends have been referring to the cases of insured women who are drawing disablement benefits. The most pathetic person in this country is not of necessity the old age pensioner, but the single woman in receipt of disablement benefit from an approved society without a penny piece coming in beyond 6s. a week. I know full well that this £2,750,000 would not add very much to that 6s. I am connected with a society with 15,000 female members. I cannot tell how many of them are on disablement benefit with only 6s. a week, but there must be tens of thousands in all the societies who have gone through their sickness benefit of 26 weeks with probably 12s., 13s. or 15s. a week, as the case may be, and have dropped down to 6s. a week as long as they live. That is the most pathetic little creature that I know in society. I again appeal to the right hon. Gentleman to use his power so that this £2,750,000 shall be utilised to increase the 6s. even if only by 6d. a week. That does not sound much but it means an enormous sum in a household where the income is small.

There is, of course, a consultative council in existence, and the right hon. Gentleman is able to consult through that body the representatives of all forms of approved societies. I am sure that that consultative council, if it were asked to give its opinion on this subject, would say exactly what I have said, though in better language than I can employ. Probably the right hon. Gentleman will say that he has consulted this body. I do not want to be offensive to him, because I want to get him into his very best mood on this issue. But he knows as well as I do that all that Ministers of Health do with that body is to consult it. It never follows that the Minister does anything that the consultative council desires him to do. That, of course, is the failing of all these bodies that are subject to Government appointment. I appeal once again for these tragic women living on 6s. a week disablement benefit. The terrible thing about sickness and total incapacity is this: You can organise spinsters and old age pensioners, because they are vocal and can attend meetings, but these tens of thousands of women on their sick beds are never able to voice their opinions collectively anywhere; in what I have said I have ventured to say a word on their behalf to-night.

10.10 p.m.

There are one or two aspects of this question to which I should like to ask the Minister to give a little more consideration before he finally decides upon this drafting of the Clause. One of the principal arguments levelled against the National Health Insurance scheme is being perpetuated by this Clause. In the first Sub-section it is proposed that each approved society having women among its members shall be credited with the amount it shall be adjudged to save as a consequence of women passing out of insurance at 60 instead of 65. My principal objection to national insurance is that it is not national at all, and that the benefits payable by an insurance society are determined to a large extent by the character of the individuals who are insured. You can find societies which are to-day paying large additional benefits to their members. I can find a society which under this will receive the amount that it will gain, and it will be added to their fund. Yet those societies are in a position to pay optical and dental benefit, and sometimes an additional amount of sickness benefit. There are many societies in that fortunate position. But the strange thing is that where the need is greatest the money available is least, and the people who are responsible particularly for the organisation of married women in their insurance societies are the very people who are being hardest hit by this Measure and are not in a position to pay additional benefits at all.

Take my own society, the Amalgamated Weavers Approved Society. For years we have been working on the minimum benefit. There have been no additional benefits. The consequence has been all the time that, when members come asking for the benefits which other people are deriving from what is a national insurance scheme, we have had to tell them that those benefits were not available. They have said, "What a blue pencil society." Not once but a thousand times that has happened in our experience, and this is perpetuating it at a time when those very benefits could come to the societies as the result of improvements in the financial structure coming through this change which is taking place in the reduction of the age. Surely at such a time it would have been better to decide that this money which is to be available should be set aside for a definite purpose. In my judgment in these times, I was almost going to say with a Chancellor of the Exchequer such as we have, it is criminal to leave this lying about in this way. We pray, "Lead us not into temptation," and then leave £2,750,000 lying about when the Chancellor is looking for it. It is asking for it to be pinched.

That is what it amounts to, and it would not be the first time that it has happened. I seem to remember something about a Road Fund which had been specifically paid into for a given purpose but was not used for that purpose, and there is no guarantee in this Sub-section that the special suspense fund shall be used to benefit the people who have paid it. All it says is that it shall be dealt with in such manner as Parliament may hereafter determine. There is no reason why this £2,750,000 should not be voted by Parliament for that purpose. It could be done within the Clause.

My contention is that the money is being saved directly out of the contributions of the people who are paying for something which they will not get when they reach the age of 60. I am not at all satisfied after reading through the previous Clause that the women who have paid these sums will receive just treatment.

I know it may be possible to meet the special case which has been put up, but in the regulation in which this suspense account is dealt with the word "may" and not "shall" appears. If it can be proved that hardship exists then a special committee "may" make a regulation in order to deal with it. That means also that they may not. First, you have to determine what is a hardship before you can determine to make a regulation to deal with it, and if the Commimttee contends there that no hardship exists there is no need to make a regulation to deal with it.

This saving which is said to be £2,750,000 should really be £4,750,000, because when you have written off £2,000,000 which is supposed to be owing it does not mean, that simply because it happens to be paper money, you have liquidated your debt to the societies. I contend that the people in those societies which cater mainly for the women in industry are entitled to just as much benefit as other sections of the insured population. They are not getting it. They are getting only what the scheme can actually afford to pay them. If an alteration is being made surely those people who have contributed to the amount ought to be the first and the only persons to benefit. There is nothing in this Clause to prevent Parliament deciding that extra benefits should be given to men in any approved society out of this £2,750,000; or nothing to prevent Parliament deciding that as many societies are not in a position to give optical treatment to their members, this suspense account can be used to make the insured population far-sighted and provide everyone with spectacles. In that way, you can divert it from the people who have paid into the fund to the benefit of the men.

I could have understood this Clause if it had been suggested that this sum should be kept in a suspense account especially for the people by whom it was being paid. All the saving is being made out of the women, and very unfairly in my judgment. The married woman in industry is paying twice for one benefit all the time her husband is alive, because while she is paying as a married woman she is a potential widow, and her poten- tial widowhood is covered out of her husband's insurance.

The point I was making is that the £2,750,000 is not being saved as a consequence of the changes that are taking place, but that it arises through the refusal of the Government to accept for benefit payments that have been made for married women who are insured with their husbands, the spinster class up to 60 years of age and the widow. So that the amount of money which these women are paying is a contribution towards that sum. An attempt is being made in Clause 3 to deal with the special case of the widow. I am arguing that if the widow's case is met, as was suggested on the last Clause, by the provision of a new regulation, the case of the married woman, who, for 40 years may have been paying twice for one benefit, has not been met by this Clause, and that she is entitled to a come-back because she has kept her husband alive.

That sounds strange, but it is true. She is paying all the time, and therefore she is entitled when she reaches 60 to be reimbursed for the contributions she has made and for which she draws nothing. If the husband dies before she reaches 60, she is at once paid 10s. out of her husband's contributions. Either one is actuarially sound or the other is not. If the scheme is actuarially sound from the standpoint of the widow who is receiving the pension, it is over-capitalised from the standpoint of the married woman. I suggest that the Government should think again as to what should be done with the surplus, and that they should begin by regularising benefits under National Health Insurance so that it will be national instead of piecemeal and so that the women who have contributed this money should be given a fair share of that which they have contributed.

10.24 p.m.

I understand the hon. Member to be saying that he does not object to the Clause generally but that, as the hon. Member for Westhoughton (Mr. Rhys Davies) said, he does not like the words in Sub-section (4). Otherwise he has no objection to it. Am I right?

We had an Amendment on the Paper to delete these objectionable words. It was not called, and our only alternative is to oppose the Clause as a whole.

I think I am not doing the hon. Member an injustice. I took it that his party were advancing arguments on the Clause as a whole because it had not been possible to get the Amendment discussed. But surely the Government are entitled to praise rather than censure from hon. Members opposite for the insertion of these words in Sub-section (4)? If the words were deleted it would not make any difference. If the words "the matter shall be dealt with in such manner as Parliament may hereafter determine" were to disappear all that would have happened would be that the label, so to speak, would have been taken off this strong box, but the strong box would remain. The £2,750,000 or £3,000,000 which has accrued for the benefits which would have been payable by the approved societies has been placed in a strong box by the Government to be dealt with in such manner as Parliament may determine, and that is the only way in which these moneys can be dealt with. I claim that we are entitled to gratitude and not blame for having done this.

The hon. Member for Farnworth (Mr. Tomlinson) seemed to indicate that people were suffering some injury for which they should be recompensed. The fact is that under this Bill women are receiving benefits ten times as great as they are surrendering. We have increased enormously the actuarial value of the benefits which are being provided, and very largely with money provided by Parliament. The hon. Member for Camlachie (Mr. Stephen) asked me what was the value of the present rights of an insured woman, and I promised to get him the figures. Here they are. The present value of the pension rights of a woman aged 40 is £69. When we have put through this Bill it will be increased by no less than £42. That is not a diminution of anything that is coming to the woman. The present value of the pension rights of a woman aged 60 is £196. When this Bill reaches the Statute Book we shall have added £113 to that sum.

Has the right hon. Gentleman taken off the amount that the woman will not now get in relation to sickness benefits?

Of course I have. Further it is not merely what I have taken into account but what the Government Actuary has taken into account. There is a long report on the subject. There is a very great advantage to the woman. She is getting ten times the value of the health insurance rights that are being commuted. I have given the actuarial values of the new pension rights first in the case of a younger woman and then in the case of an older woman. In the case of the younger woman the present value of £69 is being raised by £42, and the value in the case of a woman of 60 is being increased by £113. The hon. Member asked about the £2,750,000 and said, "Do not let us leave it here or the Chancellor of the Exchequer will hear about it." Does the hon. Member think that the Chancellor of the Exchequer would make a speech before the introduction of the Bill and another on its Second Reading without somebody having first done a few sums and discovered this £2,750,000 which is being released from the funds of the approved societies? Surely he does not believe that this money has not been argued over time and time again, and that the fact that we are receiving in contributions £100,000,000 and incurring a liability of £260,000,000, so that the Treasury contribution is £160,000,000, has not been discussed by the Treasury time and again—with the very natural suggestion that some of this money should be swept forthwith into the Treasury? I am not denying that that is, so. These sums have naturally been canvassed repeatedly by the Treasury as sums appropriate to be devoted towards strengthening it for the great liabilities which will have to be met.

Does the right hon. Gentleman really think it is straightforward finance to suggest that £2,750,000, set aside from contributions for sickness, medical and maternity benefits, should be handed over to the Treasury to make good the deficiencies of a pension scheme quite apart from health insurance?

Not at all. Everybody knows that the funds of the societies were gathered for health benefits and that a great relief is taking place in the liabilities of the approved societies as a result of the legislation that we are putting through and with the Financial Resolution that we passed last night. Not only is it straight finance but it would be quite wrong not to consider whether that money should, in turn, be brought in to buttress the funds against the great and serious burdens which are being laid upon it by this legislation. So meticulous were the Government to ensure that no such reproach as suggested by the hon. Member should be brought against them, and that there should be no shadow of a suspicion of sharp practice or sixpence-squeezing that they have specifically enacted that these moneys should be placed in a strong box of which Parliament holds the key, and should not be forthwith swept into the Treasury but dealt with as Parliament might determine. I suggest that that is wise and prudent finance and the hon. Gentleman is totally wrong.

He said: "Go to the consultative council of the approved societies and hear what they say." Will he be surprised to hear that I have gone to the consultative council of the approved societies, and that in the approved societies there were views on both sides? Certain opinion said that the money should be dealt with as the hon. Gentleman suggested, but there were other views. Some said that with the demand coming on the approved societies in respect of contingent liability to meet this sickness payment, with other disadvantages and liabilities coming along, they would say: "This is the moment to conserve our finances and put money to reserve to make sure that we shall be able, in future, to deal with the problems that may come upon our finances." But many of the members of the consultative committee themselves suggested that the action of the Government was right. That is all the more necessary because the argument of the hon. Gentleman suggested that it was not to our advantage and that the money should go to the single woman—to the spinster. That is not where the improvement in life is taking place.

He said that he was speaking particularly of those women who were drawing disablement benefit and who were not married.

The right hon. Gentleman must not mislead the Committee. I said, following on that statement, that I knew of no more pathetic figure than that of the woman who was single, drawing disablement benefit and had been totally incapacitated for several years.

I say that the experience of recent years shows that the unmarried women's claims for sickness benefit have been a little in excess of expectation. It is with married women that the position in regard to sickness benefit is more satisfactory. I could understand indications of disapproval from hon. Members opposite if we took advantage of the present position by still further improving the position of the married women and depressing the position of the single women. The money is being placed in reserve against the incalculable fortunes of the future, and none of us can say what is the most appropriate use to which this money can be placed. What we can say is that the women are receiving very great, definite and calculable benefits as the result of the action which the Committee is taking this evening.

I would like to deal with some other points which have been raised. It was suggested that this might be an appropriate occasion on which to pool the funds of the approved societies. The hon. Gentleman knows as well as I do the sort of storm that would arise up and down the country if that were done. He knows that all the storms we have had in connection with other matters would be nothing compared with what would arise if it was said that the war is a grand occasion on which to pool the funds of the approved societies.

Was that the cause of the dispute in the consultative committee, because of the various approved societies who do not cater for women workers?

The hon. Gentleman is dealing with another point. I noticed that the hon. Gentleman wished to intervene, and I thought he was going to intervene on the argument that I was addressing to the Committee at the moment. I do not wish to detain the Committee, but I will take note of the points which have been raised. I would say that we are unrepentant as to the course which we have taken. We are not sweeping money forthwith into the Treasury, but by placing it into a reserve account we are acting wisely, and I ask the Committee to take that view. Hon. Members having heard my explanations, I hope that we can pass from this Clause.

10.37 p.m.

I have heard the phrase about not bowing down and worshipping any graven image. We can see the Treasury Bench bowing down and worshipping the Actuary. Like other actuaries, the Actuary who produced these figures has left a hole by which it is possible to escape from them, because he said they were speculative and had been made with some reserve. In estimating the sickness of married women many years ago the Actuary made a similar mistake to that which is being made now. If there is to be any saving out of this new scheme why not let it remain to balance the losses that have already occurred in the women's societies? I am the secretary of a society for women, a society where it can be said that we know almost every one of those women, and time after time when our sickness details have come out we have had people from the Ministry trying to find out why there is this heavy sickness amongst women. These are some of the reasons why most of the societies for married women are not able to give additional benefit. We should have some guarantee that any surplus moneys shall not be taken under any circumstances until those societies which have suffered from the sickness experience of these women have had the reserve values made up to the experience of those who have had the average sickness experience.

10.40 p.m.

I should like to be able to think that the Government were honest in regard to this Clause, but if they were, they would at least say what they propose to do with this money. Everybody knows what is meant by the words, to which a great deal of reference has been made:

"as Parliament may hereafter determine."
What can that mean, except what it always has meant in practice? That is, that the Government will determine, and that, having determined, they will put the Whips on, and their supporters will vote as they are told to do. If there were a free vote on the matter, I do not believe that Parliament would permit the Chancellor of the Exchequer to use the money for any other purpose than that for which it was subscribed—for the benefit of the members of the approved societies. If the Government were really honest in what they said when we discussed the previous Clause, that they were anxious that all the benefits of the members of the approved societies should be guaranteed to them, and that, between the ages of 60 arid 65, those members should not lose as a consequence of this Act, they would take steps to secure that.

The Clause begins by saying, in effect, that the Government Actuary shall estimate and certify what amount has been saved by the approved societies in consequence of the Act, and that such amount shall be discharged by cancelling outstanding reserve values to that amount, and it goes on to say that the surplus shall

Division No. 31.]

AYES.

[10.45 p.m.

Acland-Troyte, Lt.-Col. G. J.Davies, Major Sir G. F. (Yeovil)Harvey, T. E.
Albery, Sir IrvingDenman, Hon. R. D.Haslam, Henry (Horncastle)
Allen, Lt.-Col. Sir W. J. (Armagh)Denville, AlfredHely-Hutchinson, M. R.
Anderson, Rt. Hn. Sir J. (Sc'h Univ's)Dodd, J. S.Hepburn, P. G. T. Buchan-
Aske, Sir R. W.Doland, G. FHiggs, W. F.
Baldwin-Webb, Col. J.Drewe, C.Holmes, J. S.
Balfour, Capt. H. H. (Isle of Thanet)Duckworth, W. R. (Moss Side)Horabin, T. L.
Beamish, Rear-Admiral T. P. H.Duncan, J. A. L. (Kensington, N.)Horsbrugh, Florence
Beauchamp, Sir B. C.Dunglass, LordHudson, Capt. A. U. M. (Hack., N.)
Beechman, N. A.Eckersley, P. T.Hudson, Rt. Hon. R. S. (Southport)
Bennett, Sir E. N.Edmondson, Major Sir J.Hume, Sir G. H.
Bernays, R. H.Elliot, Rt. Hon. W. E.Jarvis, Sir J. J.
Blair, Sir R.Elliston, Capt. G. S.Jennings, R.
Boles, Lt.-Col. D. C.Emrys-Evans, P. V.Kerr, Sir John Graham (Sco'sh Univs.)
Bossom, A. C.Entwistle, Sir C. F.Knox, Major-General Sir A. W. F.
Boulton, W. W.Etherton, RalphLamb, Sir J. Q.
Briscoe, Capt. R. G.Evans, D. O. (Cardigan)Leech, Sir J. W.
Broadbridge, Sir G. T.Everard, Sir William LindsayLevy, T.
Brooke, H. (Lewisham, W.)Fildes, Sir H.Lindsay, K. M.
Brown, Rt. Hon. E. (Leith)Foot, D. M.Lipson, D. L.
Burghley, LordFremantle Sir F. ELlewellin, Colonel J. J.
Burgin, Rt. Hon. E. L.Fyfe, D. P. M.Loftus, P. C.
Butcher, H. W.George, Megan Lloyd (Anglesey)Lucas, Major Sir J. M.
Campbell, Sir E. T.Gibson, Sir C. G. (Pudsey and Otley)MacAndrew, Colonel Sir C. G.
Cary, R. A.Gledhill, G.McCorquodale, M. S.
Cazalet, Thelma (Islington, E.)Goldie, N. B.MacDonald, Rt. Hon. M. (Ross)
Channon, H.Gower, Sir R. V.MacDonald, Sir Murdoch (Inverness)
Chapman. A. (Rutherglen)Graham, Captain A. C. (Wirral)McKie, J. H.
Christie, J. A.Greene, W. P. C. (Worcester)Magnay, T.
Cobb, Captain E. C. (Preston)Gretton, Col. Rt. Hon. J.Maitland, Sir Adam
Colfox, Major Sir W. P.Gridley, Sir A. B.Margesson, Capt. Rt. Hon. H. D. R.
Colman, N. C. D.Griffith, F. Kingsley (M'ddl'sbro, W.)Mayhew, Lt.-Col. J.
Colville, Rt. Hon. JohnGrigg, Sir E. W. MMitchell, Col. H. (Brentfd & Chisw'k)
Cooke, J. D. (Hammersmith, S.)Grimston, R. V.Moore-Brabazon, Lt.-Col. J. T. C.
Courtauld, Major J. S.Guest, Maj. Hon. O. (C'mb'rw'll, N.W.)Morgan, R. H. (Worcester, Stourbridge)
Courthope, Col. Rt. Hon. Sir G. L.Hacking, Rt. Hon. Sir D. H.Morrison, G. A. (Scottish Univ's.)
Croft, Brig.-Gen. Sir H. PageHambro, A. V.Morrison, Rt. Hon. W. S. (Cirencester)
Crooke, Sir J. SmedleyHammersley, S. S.Munro, P.
Crookshank, Capt. Rt. Hon H. F. C.Hannon, Sir P. J. H.Nall, Sir J.
Cruddas, Col. B.Harbord, Sir A.Neven-Spence, Major B. H. H.
Culverwell, C. T.Harland, H. P.O'Connor, Sir Terence J.
Davidson, ViscountessHarris, Sir P. A.O'Neill, Rt. Hon. Sir Hugh

be used as Parliament shall determine, after it has been put into the Suspense Fund. It is asked, Why should it not be used by the Chancellor of the Exchequer? I answer, Why should it be used by the Chancellor of the Exchequer in any other way than the way that the members of the approved societies decide? If you believe it should be used in the way laid down in the previous Clause, why not, after the words:

"as Parliament may hereafter determine,"

add:

"provided always that it shall be used as shall be determined by the persons concerned"?

If you are not going to give it for the benefit of the people who have subscribed it, at least say, "We intend to use it as we have used the Road Fund when we raided it, and other funds which we have raided from time to time."

Question put, "That the Clause, as amended, stand part of the Bill."

The Committee divided: Ayes, 185; Noes.111.

Owen, Major G.Schuster, Sir G. E.Tree, A. R. L. F.
Pickthorn, K. W. M.Selley, H. R.Tryon, Major Rt. Hon. G. C.
Ponsonby, Col. C. E.Shakespeare, G. H.Tufnell, Lieut.-Commander R. L.
Procter, Major H. A.Shaw, Major P. S. (Wavertree)Wallace, Capt. Rt. Hon. Euan
Pym, L. R.Shaw, Captain W. T. (Forfar)Ward, Lieut.-Col. Sir A. L. (Hull)
Radford, E. A.Shepperson, Sir E. W.Ward, Irene M. B. (Wallsend)
Ramsbotham, Rt. Hon. H.Sinclair, Col. T. (Queen's U. B'lf'st)Warrender, Sir V.
Reed, Sir H. S. (Aylesbury)Smiles, Lieut.-Colonel Sir W. D.Waterhouse, Captain C.
Reid, J. S. C. (Hillhead)Somervell, Rt. Hon. Sir DonaldWayland, Sir W. A
Rickards, G. W. (Skipton)Somerville, Sir A. A. (Windser)Wells, Sir Sydney
Roberts, W. (Cumberland, N.)Southby, Commander Sir A. R. J.White, Sir Dymoke (Fareham)
Robertson, D.Spens. W. P.Wickham, Lt.-Col. E. T. R.
Robinson, J. R. (Blackpool)Stewart, J. Henderson (Fife, E.)Williams, C. (Torquay)
Ross Taylor, W. (Woodbridge)Storey, S.Williams, Sir H. G. (Croydon, S.)
Royds, Admiral Sir P. M. R.Strauss. H. G. (Norwich)Wragg, H.
Ruggles-Brise, Colonel Sir E. A.Strickland, Captain W. F.Wright, Wing-Commander J. A. C.
Russell, Sir AlexanderSueter, Rear-Admiral Sir M. F.Young, A. S. L. (Partick)
Salter, Sir J. Arthur (Oxford U.)Taylor, Vice-Adm. E. A. (Padd., S.)
Samuel, M. R. A.Thomas, J. P. LTELLERS FOR THE AYES.—
Sandeman, Sir N. S.Thomson, Sir J. D W.Mr. James Stuart and Lient.-Colonel Kerr.
Sanderson, Sir F. B.Touche,. G.C.

NOES.

Adams, D. (Consett)Hall, W. G. (Colne Valley)Pethick-Lawrence, Rt. Hon. F. W.
Adams, D. M. (Poplar, S.)Hayday, A.Price, M. P.
Adamson, Jennie L. (Dartford)Henderson, J. (Ardwick)Pritt, D. N.
Adamson, W. M.Henderson, T. (Tradeston)Quibell. D. J. K.
Alexander, Rt. Hon. A. V. (H'lsbr.)Hicks, E. G.Richards, R. (Wrexham)
Ammon, C. G.Hills, A. (Pontefratt)Ridley, G.
Anderson, F. (Whitehaven)Hollins, A. (Hanley)Riley, B.
Attlee, Rt. Hon. C. R.Hollins, J. H. (Silvertown)Ritson, J.
Banfield, J. W.Isaacs, G. A.Robinson, W. A. (St. Helens)
Barnes, A. J.Jackson, W. F.Sexton. T. M.
Barr, J.Jenkins, A. (Pontypool)Shinwell, E.
Batey, J.Jenkins, Sir W. (Neath)Silkin, L.
Beaumont, H. (Batley)John, W.Silverman, S. S.
Bevan, A.Jones, A. C. (Shipley)Sloan, A.
Buchanan, G.Jowitt, Rt. Hon. Sir W. A.Smith, Ben (Rotherhithe)
Burke, W. A.Kennedy, Rt. Hon. T.Smith, E. (Stoke)
Cape, T.Lathan, G.Smith, T. (Normanton)
Charleton, H. C.Leach, W.Sorensen, R. W.
Chater, D.Leonard, W.Stephen, C.
Cluse, W. S.Leslie, J. R.Stewart, W. J. (H'ghtn-le-Sp'ng)
Cocks, F. S.Lunn, W.Summerskill, Dr. Edith
Collindridge, F.Macdonald, G. (Ince)Thurtle, E.
Daggar, G.McEntee, V. La T.Tinker, J. J.
Davidson, J. J. (Maryhill)McGhee, H. G.Tomlinson, G.
Davies, R. J. (Westhoughton)Maclean, N.Walkden, A. G.
Davies, S. O. (Merthyr)Marshall, F.Watkins, F. C.
Dobbie, W.Messer, F.Watson, W. McL.
Dunn, E. (Rother Valley)Milner, Major J.Welsh, J. C.
Ede, J. C.Morgan, J. (York, W.R., Doncaster)Whiteley, W. (Blaydon)
Edwards, Sir C. (Bedwellty)Morrison, Rt. Hon. H. (Hackney, S)Williams, E. J. (Ogmore)
Edwards, N. (Caerphilly)Mort, D. L.Williams, T. (Don Valley)
Gardner, B. W.Naylor, T. E.Windsor, W. (Hull, C)
Gibson, R. (Greenock)Noel-Baker, P. J.Woodburn, A.
Graham, D. M. (Hamilton)Oliver, G. H.Woods, G. S. (Finsbury)
Greenwood, Rt. Hon. A.Paling, W.Young, Sir R. (Newton)
Griffiths, J. (Llanelly)Parker, J.
Hall, G. H. (Aberdare)Parkinson, J. A.TELLERS FOR THE NOES.—
Hall, J. H. (Whitechapel)Pearson, A.Mr. Mathers and Mr. R. J. Taylor.

Clauses 5, 6 and 7 ordered to stand part of the Bill.

Ordered, "That the Chairman do report Progress, and ask leave to sit again."—[ Captain Margesson.]

Committee report Progress; to sit again To-morrow.

The remaining Orders were read, and postponed.

Adjournment.

Resolved, "That this House do now adjourn."—[ Mr. James Stuart.]

Adjourned accordingly at Two Minutes before Eleven o'Clock.