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Orders Of The Day

Volume 643: debated on Thursday 6 July 1961

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Finance Bill

Order for Third Reading read.

4.27 p.m.

I beg to move, That the Bill be now read the Third time.

I almost said "at this late hour", Mr. Speaker. I think that the more controversial elements of the Bill have been exhaustively debated. I do not propose to go through all the arguments again this afternoon. I should like, however, to begin by acknowledging the courtesy with which I have been treated throughout the various stages of the Bill. My hon. and right hon. Friends behind me have not, on the whole, and in all circumstances, been too unkind to me and I am grateful to them.

The right hon. Member for Huyton (Mr H. Wilson), captain of the opposing team, has had long experience of these matches. He is a formidable opponent. I have not always been quite certain whether he was batting or bowling, but he certainly used his available resources with great skill.

I see the hon. Member for Sowerby (Mr. Houghton) present on the Opposition Front Bench. He has been a steady and painstaking bowler. If I may say so without offence, he has kept a very good length during the stages of the Bill and it has needed a very straight bat to play him.

The hon. and learned Member for Kettering (Mr. Mitchison), who is to follow me in the debate, is one we all admire for the skill and industry with which he has drafted Opposition Amendments. Throughout the match he has been very busy with his pencil. Perhaps it is the somewhat rare case of the scorer being allowed to play in the side, too. I must be careful about analogies because one does not know where they may lead. There have been many thoughtful and constructive speeches made on both sides of the House and Committee at all hours of the day and night. It would be invidious for me to select particular ones for mention, but what has been obvious to the whole House has been the extent to which I have relied on the good services of my hon. Friends the Financial Secretary and the Economic Secretary.

I formulated the proposals in the Bill against a background which I tried to define in my Budget Speech. Perhaps I may be allowed to quote from that statement:
"what should be the purposes of this year's Budget? The rise in personal consumption must be restrained. I would hope that as in 1960 increased saving would be an important part in this. Nevertheless, I am sure that the broad effect of the Budget must be counter-inflationary; there must be a larger surplus above-the-line than last year and a smaller overall deficit. All existing encouragements to investment must be maintained. Room must be left for increased exports. I must consider whether existing methods of regulating the economy can be improved upon. I must also consider whether any additional incentive, to effort and initiative can be provided. Above all, in everything I do I must have in mind the maintenance of confidence in the £ sterling, both at home and abroad"—[OFFICIAL REPORT, 17th April, 1961; Vol. 638, c. 801.]
Nothing has happened since to change that analysis. The continued growth in personal disposable incomes, in consumption, in Government expenditure, the movements of sterling, the trade returns the continued upward trends in investment and the strains and stresses in the international situation—South-East Asia, Africa and, more recently, the Middle East, and Berlin—have confirmed the analysis of what was needed from this year's Finance Bill. I wish, therefore, today to mention only some of the salient features in the Bill. First, its counter-inflationary aspects. I provided for a surplus of over £500 million above-the- line and for an overall deficit of only £69 million. That involved asking for certain sacrifices. To meet increased public expenditure, and to provide that surplus, I had to keep almost the whole of the increased proceeds this year from direct taxation, except for the minor relief—though quite a costly one—relating to the deduction of National Insurance contributions for tax purposes.

I have made no direct concessions in the field of direct taxation which affect revenue this year. This means that, with the buoyancy of the Revenue, something like £400 million more will be raised in this way, that is by direct taxation, this year as compared with last year.

No doubt the House will have noticed in the recent Quarterly Revenue return that the yield of direct taxation went up by over £90 million in the first quarter of this financial year as compared with the first quarter of the last financial year and there is still nearly £300 million extra, compared with last year, to come in that way. I believe that that will play its part in countering inflation.

The suggestion has been made from time to time that indirect taxation has been increased and direct taxation has been reduced. I do not necessarily say that such a process is wrong. On the whole, I believe that spendings rather than earnings should be taxed. But in fact that has not been taking place. Of the total to be raised in taxation, direct taxation accounts for 60·1 per cent. compared with 58·5 per cent. last year; indirect taxation 39·9 per cent. as compared with 41·5 per cent. last year. I think that completely disposes of the argument that we on this side are somehow favouring those who pay direct taxation at the expense of those who pay indirect taxation.

To procure this surplus above-the-line I had also to impose some increases in taxation—heavy oil, motor vehicle licences and television advertisements. All three sets of proposals have been strongly criticised. This, I think, was to be expected. No new tax is free from disadvantages of one sort or another. I think, however, that those who criticise these increases in taxation must look at the Budget as a whole. They must weigh the disadvantages of particular taxes against the overall aim. I do not consider that either the heavy oil duty or the motor vehicle licence duty was unfair in the circumstances, and the diversity of the criticisms in fact show how wide was the spread of the burden.

I did feel able to make two concessions relating to oil. First, with regard to horticulture, I gave the reasons fully last Monday and will not repeat them. I also felt it reasonable that with regard to stocks of oil in users' possessions it would be inequitable to levy a tax on stocks bought and delivered to the final user before the Budget. I believe that both these concessions were just and reasonable.

With regard to the duty on television advertising—a new departure—I believe that there was some considerable support, though I admit some dissentients, for the proposition that some special contribution should be made from this particular field of activity. I am not going again today into the argument about passing on the tax. That was discussed fully during the Committee stage. I only repeat today that the conduct of programme companies in this connection will be closely watched. In my opinion, it is reasonable that they should assume a part of the burden. This has happened in some cases.

The next feature in the Bill, which I wish to mention, and which also has aroused much controversy, is the Surtax concession for earned income. The ground has been thoroughly covered and was gone over again only last Tuesday. I simply repeat that I believe that the level of direct taxation on those with higher earnings has been a substantial disincentive to effort and productivity. I am always having the international league tables thrown in my face, and I think it fair to point out that my Surtax concessions will simply make the position of those with higher earnings in this country more nearly comparable with that in the United States, Germany, France and Italy, who are our competitors.

I never thought that it would be particularly popular. It is very easy to make demagogic arguments against it. I thought that it was in the national interest to put forward that proposal, and I have done it, I think, in a reasonable manner because of the timing of the concession, which will not come into effect until January, 1963, and because I increased Profits Tax to bear the cost of it. I express the hope—and I have been most careful in doing this because it is only a hope—that it may be possible for me in the future to carry on this policy of reducing direct taxation to increase the incentives to effort through a wider band of incomes.

I am not going in detail through the various provisions of the Bill, though I would remind the House that there are some useful minor provisions in it. I know that the proposal for compensation for victims of Nazi persecution, and the manner in which I have done it, has caused general satisfaction. For once, retrospection has not been controversial. I believe that the concession with regard to parsonage houses has also been well received. I think that the minor changes in double taxation will be useful.

Over the more controversial matter of business expenses, again I believe that my statement in my Budget speech and the proposals in this Bill have found general acceptance. I cannot refer, Mr. Deputy-Speaker, to what is not in the Bill, but I have promised to watch this matter and, depending on events, what is in this Bill may not necessarily be my last word.

With regard to the two regulators, there is not very much new to say about them. On the whole, I think that they have been rather better received than I expected. [An HON. MEMBER: "Not on this side of the House."]

I spent a considerable part of the six months or so before the Budget examining various suggestions for new economic regulators and criticisms of existing ones. In almost every case the arguments against far outweighed the arguments for, whether looking at monetary measures, sales taxes, turnover taxes, physical controls and all the rest of it. The disadvantages stood out with precision and were clearly defined. So it is with my two proposals embodied in this Bill. The disadvantages can be clearly presented, defined, pinpointed and elaborated. The advantages of using these methods of securing a healthy overall economy are confined to the general objectives to be attained. It is not so easy to present them if one says that they are designed to achieve a general objective when quite obviously practical disadvantages can be used against them just as against any other means of regulating the economy. Pharmaceutical science may have devised means of making nasty medicines more pleasant to take, but that is not yet an established art for a Chancellor of the Exchequer. The test in each case is whether the patient retains or recovers his health.

I think that comes in the phrase "retains his health".

I believe that the Amendments that I have accepted, which are now incorporated in the Bill, have met in a fair manner the constitutional anxieties which, from the first, I have conceded where wholly reasonable. These two proposals were put forward as regulators to be used between Budgets, just as monetary measures can be used between Budgets.

I admit that they are somewhat blunt instruments in the sense that, in the case of the first regulator, there is a flat rate percentage increase in the duties, and in the case of the second one there is a limitation of the power to discriminate to the various categories of stamps. I am well aware of the disadvantages. With regard to the second regulator, I am conscious of the strong feeling there is that an increase of 4s. a week upon the employer per employee is a very serious matter. I am conscious of that fact and I hope that other people concerned with earnings will bear that consideration in mind.

My right hon. and learned Friend said that the burden would be borne by the employer. That may be so in industry, but in local authorities the burden would probably be borne by the ratepayers, and in the main by those living on small fixed incomes. This is a point which we have not been able to discuss in the Finance Bill.

In that case the ratepayers are the employers. The point which has been made again and again is that 4s. a week per employee would place a very great burden upon the employers should Regulator No. 2 be put into force. That is a matter to be taken into account, as well, perhaps, as in other connections which I shall not be in order in developing this afternoon.

Turning to another point which was debated at some length on Tuesday, I can understand the argument that I should not be given these powers at all, but I cannot understnd the contention that some time limit associated with the ending of the Finance Bill should be attached. It seems to me that if this conception of a flat-rate is accepted, the procedural method contained in the Bill is not inappropriate.

We were rather late in starting the debate, and I want to take up as little time as possible. I should, however, say this: I have not concealed from the House at any time since I became Chancellor my anxieties about long-term trends in our economy. I was accused of being complacent when I ventured to say that we had a lot to be thankful for. We have a lot to be thankful for. But we have to realise that rising standards in this country have got rather ahead of rising production and rising productivity, and that is a bad thing for any economy. This Bill is an important contribution, I believe, towards the restoration of a better balance, and I commend it to the House.

4.42 p.m.

May I, on behalf of my right hon. and hon. Friends and myself, thank the Chancellor for the kind words which he has used about us. I hope that he will not consider it amiss if I suggest that the Government were undoubtedly the slips and the hon. Member for Kidderminster (Mr. Nabarro) at any rate one candidate for the position of third man on this cricket field. Be that as it may—and I willingly yield to the right hon. and learned Gentleman on a matter of that sort—I am afraid that I cannot accept the optimistic view which he has taken either of the Finance Bill or of the criticisms of it. If this were a Budget confined simply to providing taxes and reliefs in this present year, no doubt to continue afterwards, and if those taxes and reliefs were operative by virtue of the Budget and not of some subsequent Order, we might not have very much to quarrel about.

Let us consider for a moment what would be in an ordinary Finance Bill. There would be a number of measures, some in one direction and some in another, connected with something so obviously right as the increase in the Income Tax relief for National Insurance contributions—a matter which my hon. Friend the Member for Sowerby (Mr. Houghton) first raised some time ago. There would be such other matters as the Television Advertisement Duty, involving £8½ million, which is not negligible; the £2,000 limitation in respect of cars, which is a matter of £3 million and something which we all welcome, although rather late in the day; and the relief in respect of what I call Nazi persecution compensation. If that were all we should find little to quarrel with, and the total amount of those small items together is about £5 million, on balance.

If one turns even to the major items, we have no fundamental quarrel with such an increase as that made in connection with fuel oil. We wished to exclude kerosene from it, but I will not go into that now, just as we wished some exclusions from the duty on motor vehicles; but we should not have taken a deep objection to any of those provisions.

Our objections arise on three things, none of which occurs in an ordinary Finance Bill, and I wish to devote most of what I say to those three things. It is because of our opposition to them that we voted against Second Reading and propose to vote against Third Reading. The first two are the two regulators. In the nature of the case, we know not whether they will come into operation or when they will come into operation, except that if they are to work at all it will be some time during the coming year. The third thing is the fundamental change in the raising of Surtax, which, because it is Surtax, will come partially into operation next year, 1962–63, and fully into operation in the following year.

All of these provisions—the regulators and the Surtax concessions—involve very considerable sums. I think that the best way that I can put it is that the two regulators each give the Chancellor power to levy an additional £200 million of taxation. We were told that the fundamental point of the Budget and the Bill is that at the end of the day the Chancellor is left with a balance of £68 million on this year's provisions —not a continuation of the preceding provisions. In comparison with that, the two regulators at once assume very considerable importance by reason of their amount. The same comment applies when we come to the Surtax provisions. When they come fully into operation they will account for £64 million. They too, therefore, in relation to the balance left by the Budget and the whole financial picture, are of considerable importance. I regard the Finance Bill as consisting of the Surtax provision, the two regulators and a number of other provisions which are of much less importance for reasons which I shall develop.

Surely a deficit of £69 million will be affected by the Supplementary Estimates. Goodness knows what the figure will be when they have been received!

In relation to a figure of that order, with or without Supplementary Estimates, figures of £200 million each for the regulators and £64 million for Surtax are of very great importance. That is the point I make.

The right hon. and learned Gentleman gave his reasons today for regarding this as what he called a counter-inflationary Finance Bill. It may well be a counter-inflationary Finance Bill. All I can say is that since the Budget Speech was made, and since the Bill was introduced, the reasons for dealing with the inflationary situation and the character of the situation itself have not diminished. In view of that, I must point out that the Budget has followed something which was of considerable economic importance—the steps which were taken, which I cannot discuss now —in connection with the National Health Service contributions and the health charges. It is in the light of that, as well as of the general position, that the Finance Bill has to be considered.

The largest item is the increase of 2½ per cent. in Profits Tax. This represents a substantial sum. In a full year it will bring in about £70 million. This has the same character as the measures to which I have just referred. It will not come into full operation at an early date. I shall say no more about it than that we have made our criticisms of the character of Profits Tax. We have pointed out the effect it has on distributed and undistributed profits. I do not propose to develop it further.

I come back to the three main points. Our first objection to both these regulators is the bluntness of the instrument which the right hon. and learned Gentleman is using. I do not believe that this bluntness is necessary, but to sharpen the instrument would involve a degree of planning and foresight which appears to be wholly alien to the philosophy of the Tory Party. For that reason, no doubt a blunt instrument has been preferred and we are asked to trust with a blunt instrument someone who professes himself to be unable to use a sharp one. The right hon. and learned Gentleman himself took the point in connection with the first and the less offensive of the two regulators—the one concerned with indirect taxation—that he contemplates and provides for an overall increase in duties, the incidence of which in any particular case will be of very different importance. To that extent it is a blunt and undiscriminating instrument.

I want to say something about the first regulator. We on this side of the House have always appreciated that there is a case for doing some things at any rate between Finance Bills, particularly in connection with tax avoidance. I shall not develop the point now, but we have constantly urged that there should be power to take action in the matter of tax avoidance between one Budget and another. However, that is an entirely different thing; it is merely enforcing the law as the law was intended to be by those who passed it. This regulator would levy very considerable tax. I am no economist. If I were, I should no doubt be able to understand why, when the Government complain of prices being too high, they put on a tax to make them higher and think that they have cured the matter. That is what appears to be the position about the first regulator. I am sure that I shall be told how utterly wrong I am, but I notice that my doubts and difficulties are shared by a number of responsible people.

Is the hon. and learned Gentleman now saying that his party are against the first regulator, because they did not vote against it and at least one hon. Member opposite made a speech very strongly in support of it? It should be clearly stated whether hon. Members opposite have had second thoughts about this or whether they still hold to the view they expressed when Clause 9 was debated.

So far as I know, we never expressed a view on whether this regulator ought or ought not to be put into force. That is what the Financial Secretary is asking about. I have already said that we do not take the same objection to the first regulator as we do to the second regulator. Indeed, the hon. Gentleman would be fully entitled to remind me, if he chose to do so, that in 1948, some of the provisions contained in the first regulator were put into the Finance Bill by the Labour Government and could have been applied to Purchase Tax. I am not going so far as to say that, if it is intended to meet a disinflationary situation, the right way to do it is to push up prices by this regulator. I cannot be expected to accept that, at any rate for myself.

The second regulator appears to have every possible fault, all of them of the character of bluntness. It was introduced in such a form and the Money Resolutions were so worded that we have been unable fully to develop what we should have liked to say about it. We have been able to put the point generally. I shall do so again. This regullator will impose an increase, the severity of which each of us can judge for himself, on various labour costs, including the costs of exports. It will, therefore, pro tanto weaken our position in a competitive world at a very competitive time. It will operate, if it operates at all, equally in places where at the moment there is a shortage of labour and where at the moment there is almost an excess of labour or, in fact, an excess of labour. It will operate in Scotland and in other parts of the North, just as it will operate in the Home Counties and the more prosperous parts of the Midlands.

Every hon. Member must agree that that in itself is certainly a very serious fault in such a proposal as this. It is a very serious fault which will result in considerable hardship in the areas where there is a shortage of employment at the moment. The position of Scottish industrialists will be made just that much more difficult in relation to industrialists carrying on similar businesses in other parts of the country. There is no reason why it should be allowed to operate in this way, except the use of the National Insurance machinery. If the only way in which it can be operated is by using the National Insurance machinery, there is no doubt some administrative difficulty about discriminating between one part of the country and another. My answer to that is that machinery is an important matter, but if it can be done only in that way it would be very much better not to do it at all.

I entertain doubts about whether for that reason alone this regulator will be applied, but the right hon. and learned Gentleman has told us that he has not made up his mind and our fishing expeditions earlier in the week led to no result. I do not expect any result today. So much for the distinction between one part of the country and another.

There are other distinctions. This charge on labour costs will have a widely different effect on different industries, roughly corresponding to the proportion which labour costs bear to capital expenditure and other costs in the conduct of the industry. A trade like papermaking has very light labour costs, but we can all think of trades which have considerable labour costs. There is also the absurd case which was put to the Chancellor of the Exchequer a short while ago. To put this tax on local authorities because the Government cannot think of any other way of doing it is complete nonsense. No good result which I can see can possibly result from putting on to the rates an additional charge in respect of every council employee. There are 750,000 local government employees. There are half a million national Government employees, and the tax is to be put on them too. What is the use of putting 4s. a week on the Chancellor's salary? It is comic and absurd.

Another very large class of people will be covered by this regulator. I refer to the people who are described as professional, scientific and similar employees. This is a very large group of people amounting to between one-fifth and one-quarter of the total employed people in the country. They are office staffs, people doing research work, and so on. It is a much larger group than people commonly realise. What good can possibly result from putting this tax on in their case?

I suggest that partly because of this complete inadaptability to geographical distinction, and partly because of its equal inadaptability to differences between different industries, this regulator, if it is imposed, will be a thoroughly bad tax. It constitutes, of course, a charge on the costs of industry—more serious in some than in other cases—and it will be ineffective for the purposes for which it is designed. It will cause a great deal of unfairness, not only between one part of the country and another, but between one industrialist, one employee and another.

After all, are not the Chancellor's reasons for it based on the assumption that if one prunes labour in one industry or area one can use that labour in another? That assumption is absolutely incorrect. One cannot move people about from one place to another, nor, in the majority of cases, can one readily transfer them from one industry to another. Therefore, as an incentive to economy in labour costs I regard this as useless. But I regard it also as being capable of causing a great deal of hardship.

I must say a word about the constitutional position. I am well aware that the Chancellor well knows that he is doing something which has never been done before. It is not the same as the minor adjustments of Purchase Tax which were contemplated in 1948 or 1949. It seems to me that one has always got to compromise between the representative control of taxation on the one hand and the requirement of sheer efficiency in taxation on the other.

The trouble about these two regulators is that they could well have been, as far as I can tell, put into the Bill as legislative action if they were really intended for serious use in the early future. If they were intended as a precaution, then that argument fails and I would not wish to press it. But if what we are doing today, and the short passage of this Bill in another place, is to be followed by the early use of these regulators, then they should have been put into legislation and not left to an administrative Order brought forward very shortly after the passage of the Bill itself.

The Surtax question has led to a great deal of curious argument on the Government side. It is said that this does not really affect the present position because, in the nature of the case, when one is dealing with Surtax, the yield of the benefit of the Surtax concession will not be passed on to Surtax payers fully for a couple of years or even partially for one year. Surely that is a very "phoney" argument indeed? The Surtax payer now has to provide for the tax which he will have to pay in a year or two according to whether he pays under Schedule D or Schedule E. I dare say that he does not always do that, but he should. When considering the effect on the economy, that should be considered. He knows that he will get the concession and he spends accordingly. That is the point.

Further, that psychological aspect must be considered. The most abstract economist recognises that questions of inflation and disinflation are largely psychological matters—questions of confidence, of willingness to spend or to save as the case may be. I see that the hon. Gentleman the Member for Louth (Sir C. Osborne) seems not to be agreeing with me, but I beg leave to use my ordinary knowledge of human beings to assure him that that is so. Perhaps I did not make myself clear. If a man knows that he is going to get whatever the sum is in a Surtax concession next year or the year after, he tends not to save that amount now but to spend it. Therefore, when considering the question of whether this is a disinflationary Budget, one must reckon the Surtax provisions and also the psychological effects of them.

It is monstrous, at a time when we are talking about the difficulties of promoting exports, about the question of competitive costs, when we are saying that productivity is so important and is not advancing by comparison with our competitors, and when putting a tax on industry in the shape of increased Profits Tax and oil tax, the Government should have given these Surtax concessions.

If these concessions had been given along with other concessions, we might not have the same violent objection to them, but when they are given now, against the background of the Budget, which is said to be disinflationary, just after the National Health Service contributions and charges have been increased, then we say, whatever their financial advantages are supposed to be, that they are a gross act of social injustice and political folly. That is the way we regard Surtax concessions at the moment, and let there be no bones about it.

What is a man who is earning a smallish income going to say when he sees that there are little or no concessions so far as he is concerned and when he sees the increase in expenditure which the Government is putting on him, when he knows that, at the same time, 350,000 or so people in the country have received a concession which amounts to about half of the total yield of Surtax and when he sees that this concession is so arranged that nearly one-third of the total income of £19 million out of £64 million in a full year goes not to earned income but to unearned income? What is the justification for that in what is said to be a disinflationary Budget?

Let me remind hon. Members that this is happening at a time when men up and down the country are being asked to be moderate in their wage demands and when hon. Gentlemen opposite are complaining about industrial action of one kind or another. Is this going to help? Surely no single measure could possibly do more social harm than this concession at this moment in the circumstances which the right hon. and learned Gentleman has described to us.

If it were a question of equalising the treatment of the well-to-do in this country as between the well-to-do of another country there might be said to be some abstract justice about it. But surely not now, in a disinflationary Budget—not in a Finance Bill which makes such few concessions to ordinary men on lower incomes, not in a Finance Bill introduced directly after the charges that were imposed. It is on these grounds that my hon. Friends and I consider this to be absolutely indefensible.

To put the matter shortly: because of the character of the second regulator, if it is going to be used, and because of the Surtax concessions, we shall divide the House—a somewhat unusual step on Third Reading.

Is the hon. and learned Gentleman allowing for the fact that a considerable part of this concession might well be saved and invested in British industry, which would add to our competitive ability in the export market?

That can be said of all tax concessions and it raises entirely different questions. This is not even supposed to be a tax in relation to investment at all.

It is supposed to be a relief for earned income and an incentive to executives. The Chancellor of the Exchequer said that it was an incentive. We have never had any evidence to that effect, except the ipse dixit of some hon. Members opposite. The Royal Commission, which went into this matter, found the direct opposite some years ago, and I have no reason to suppose that they were wrong.

5.11 p.m.

I should like to take up three points made by the hon. and learned Member for Kettering (Mr. Mitchison). First, he said that the Budget was supposed to deal with an inflationary situation. I agree with him when he says that the inflationary position has worsened considerably since the Budget proposals were made three months ago. One of the questions which I wish to ask the Chancellor of the Exchequer is whether he feels that the proposals which he made three months ago are adequate to deal with the vastly worsened position of today.

The second point made by the hon. and learned Gentleman which I wish to take up is this. He said that the overall deficit of £68 million was out of all proportion to the concessions being made. The Chancellor of the Exchequer has to say "No" to the spending Departments during a whole year if he is to preserve only that £68 million overall deficit. I hope that he will be able to keep to it, but I have grave doubts about that.

Thirdly, the hon. and learned Gentleman said that the Surtax concession could not be justified socially. I think that there is a good deal to be said for his point. It is the executives who will benefit mostly from the Surtax concession and who will decide largely whether extra effort is made to put our goods into the export market or into the easy home market. At the end of twelve months, my right hon. and learned Friend will be justly entitled to go to them and say, "Unless you have improved your efforts in the export market, I will take the concession away".

You probably understand Bo-Peep. It is a game that you play, and you are qualified to play it.

I hope the hon. Gentleman will remember that he is addressing the Chair.

I beg your pardon, Mr. Deputy-Speaker. I withdraw that remark.

I wish to make only two points. First, I doubt whether any of the proposals made, especially the regulators, can touch the economic position in which we now find ourselves. In my view, I believe that the economic position has vastly worsened nationally since the Budget proposals were made three months ago. Does my right hon. and learned Friend still think that the steps which he is taking are sufficient to deal with the position which now exists? As I see it, the trade gap has widened dangerously since the proposals were first made.

That is not so. It has not improved as much as I expected, but it has not widened.

Then I withdraw that. It has not improved to the extent that we assumed that it would improve. Therefore, I believe that these regulators will have to deal with a more serious situation than the Chancellor of the Exchequer expected when he made his proposals.

Over the last ten years I have been arguing that both sides of the House have minimised the difficulties which we face. I think that if I exaggerate the difficulties now I will do a service for people outside the House. That is what I wish to try to do. Our gold and dollar reserves have fallen. I think that my right hon. and learned Friend will agree with that. The terms of trade are tending to move against us, whereas before we benefited considerably from a fall in the prices of raw materials. Invisible earnings are getting worse, and our military expenditure abroad is increasing. Lastly, I am sorry to say, but it is obviously true, there is an unfortunate loss of confidence in sterling in the financial centres of the world. These are facts which we must face. The position of sterling is maintained only by the help that we are getting from certain central banks.

My right hon. and learned Friend will probably chastise me for saying this, but I feel that I ought to say it. In some respects, we face a graver economic crisis than at any time since 1931. In those days, the crisis was an international one. Today, unhappily except for this country, the position of most countries in Europe is improving.

Let me make my speech. What I say to my right hon. and learned Friend and to my hon. Friends below the Gangway is this. In my opinion, the nation is more flabby mentally, morally and physically to face the problems which we face than it was 30 years ago. It is because of this that I wish to ask my right hon. and learned Friend whether he still thinks that what he is trying to do will deal with the problems which face us.

Is it not a fact that my hon. Friend has a reputation in the country for being a later-day Wakes Week?

I have been accused of being a Jeremiah. I do not mind that. I have been reading the speeches which I have made on Finance Bills during the last ten years. I will pass them to my hon. Friend. I stand by them today.

Only last week a Question was asked of my right hon. and learned Friend about national productivity. He said—and this is the background against which we must judge the Budget proposals—the national productivity in the first quarter of this year was up 1 per cent. but that industrial employment was up 2 per cent. Therefore, the net productivity per person was down 1 per cent. Is there anything cheerful about that? It gives me the willies to think about it. It is against that background of the lack of increased productivity that there are increased demands from millions of men for higher wages. How can we stop inflation in conditions like that?

Is the hon. Gentleman aware that between 31st March, 1960, and 31st March this year 362,000 people went into various forms of civil employment and that production dropped? The hon. Gentleman fought his election campaign not on this sort of talk but on the basis that we have never had it so good.

I am sure that I will not be allowed to follow up that intervention, but I would not exchange my election address for the hon. Gentleman's. I would go to my constituents on my election address rather than on the hon. Gentleman's election address. As a say, it is against this background that I ask my right hon. and learned Friend whether his Budget proposals are adequate.

In the Economic Survey which he presented to the House at the time of the Budget, he gave these facts. He said that in the previous year we had paid ourselves in salaries and wages 7½ per cent. more than in the previous year and that the normal working week had dropped by 2½ per cent. Yet production remained at the same level. In these conditions, how can there be anything else but inflation? I want to plead later for the people who have got Government stocks and who have been swindled out of their savings by holding those stocks.

That is not related to the Finance Bill. Is my hon. Friend saying that the Budget ought to tougher or not so tough? If he says that taxes ought to have gone up more, how does that help production, and if he says that they should have gone up less, how does that help sterling? I cannot see the conclusion to which he is leading.

I do not think that the Budget is half tough enough, and I do not think that the Government have told the country how serious the position is. It is high time that Ministers stopped going round the country telling people that they have never had it so good, because they already know it. They are not grateful for it and they think they have a divine right to have it that way.

Perhaps, it would help the House if I were to read from Erskine May on the Third Reading of the Finance Bill. It says:

"On third reading of a Finance Bill, debate and amendment must be strictly relevant to the contents of the bill, and the expenditure of the year and alternative methods of providing revenue may not be discussed."

Clauses 9 and 30 of the Finance Bill—to which I was hoping to direct my remarks—impose certain regulators which, I am suggesting to my right hon. and learned Friend, are not severe enough to deal with the position that has developed since he first introduced his Budget proposals. It is to Clauses 9 and 30 that I wish to direct my remarks, and I hope, Mr. Deputy-Speaker, that to that extent you will allow me to continue.

The tragedy from the national point of view is that it is only the marginal bit that is putting us out of court. We are overspending to about Is. in the £, or even as little as 6d. in the £, but the nation does not realise it. Though it is only so small an amount, cumulatively it can run us into a debtors' prison. All I am asking is whether the regulators proposed under Clauses 9 and 30 will be severe enough. I hope that you will not rule me out of order, Mr. Deputy-Speaker, because this was said in a previous Budget debate by a very distinguished Chancellor of the Exchequer. I do not say this in any offensive manner to my right hon. and learned Friend, but I wonder if he might take a cue from one of his famous predecessors. [HON. MEMBERS: "Sir Stafford Cripps."] Of course it was Sir Stafford Cripps. In the report to O.E.E.C., Cmnd. 7572, it was said:
"The difficulties of the present economic position do not present themselves in an obvious form to the British public."—
I am asking my right hon. and learned Friend to do something more to make that possible now—
"A real and grave crisis in economic affairs seems remote and unreal."
Will the regulators in Clauses 9 and 30 do anything to make men and women in all walks of life, the rich as well as the poor, realise that we are living beyond our means and that we must make a greater effort for the good of the country? The then Chancellor said:
"No Governmental action of any kind can in fact save our present social and living standards."
Sir Stafford Cripps said that. He finished by saying—and this is what ought to be said today:
"We can express our present position,"—
he might be speaking here today—
"robbed of all its technical surroundings and explanations, in quite simple terms."—
this is what he said ten years ago—
"Unless we can all quickly produce more and get our costs cut down,"—
that is the essence of the whole thing—
"we shall suffer a tragic fall in our standard of living accompanied by all the demoralising insecurity of widespread unemployment."—[OFFICIAL REPORT, 26th October, 1949; Vol. 468, c. 1352–3.]
No one believes that possible today. [HON. MEMBERS: "Why?"]
Because they have been lulled into a sense of false security. I want someone in authority to warn the nation of the perils that lie ahead. I know that my hon. Friends below the Gangway may think that I am exaggerating.

If the facts are miserable, then I must state them. For far too long we have lived in a fool's paradise.

I wish to cite two more sets of figures. The Chancellor told us in the Economic Survey—and the regulators in Clauses 9 and 30 are intended to deal with these points—that between 1959 and 1960 wages and salaries rose by 7½ per cent. and that ordinary share dividends rose by 24½ per cent. It is no good telling the workers that they must have a wage freeze so that we can export our goods at lower prices unless something is also done about the ordinary shareholders.

Furthermore, in answer to a Question a little while ago, the Chancellor gave the following figures. In the first quarter of this year—which makes it even worse —wages and salaries have risen another 9 per cent., production has remained stationary and ordinary dividends have gone up another 12 per cent. I do not think that the regulators in Clauses 9 and 30 will do the trick. I should like to see a complete freeze for two years of both wages and dividends.

I hope that the hon. Member will not go outside what is in the Bill in this Third Reading debate.

I will leave it at that, Mr. Deputy-Speaker, and pass to my second point. I know that I am not pleasing my hon. Friends below the Gangway.

Under Clauses 12 and 13, Income Tax is at 7s. 9d. in the £ and Surtax at 10s. in the £. I think that both rates are much too high and are inflationary. If we could only get away from the narrow partisan arguments it would help, because hon. Members on both sides agree that these rates are far too high. No one should have more than three-quarters of what he earns taken from him.

I have been following my hon. Friend's speech very closely. I think that it is exceedingly miserable. He said earlier, in response to an intervention by my hon. Friend the Financial Secretary, that he wanted a much sterner and tougher Budget. How does he reconcile that earlier statement with what he is now appealing for, that Income Tax and Surtax ought to be further reduced? My hon. Friend cannot have it both ways. He is talking nonsense.

I am much obliged to my hon. Friend for his intervention. I said that I was in favour of reducing taxation for a certain period. I would say to those concerned, "I want economic results. If I do not get those results I shall put the taxes back again."

My right hon. and learned Friend will be aware that under his Budget proposals the Inland Revenue is expected to produce £3,610 million and that Customs and Excise is expected to produce £2,455 million. I think that savings are taxed too heavily and spending too lightly. I should like my right hon. and learned Friend to reverse the position and to tax savings less and spending more. That would encourage thrift. Because I think that the Budget and those two Clauses in particular are inflationary, I make a plea to my right hon. Friend on behalf of those who hold Government stocks and fixed interest bearing securities who have really paid for the Welfare State we have been enjoying.

On a point of order, Mr. Deputy-Speaker. Is it in order to talk about 3½ per cent. saving bonds on the Third Reading of the Finance Bill?

I was on the point of rising to invite the hon. Gentleman once again to restrict his remarks to what is in the Bill.

I am sorry, Mr. Deputy-Speaker. It is very difficult, as you will understand, to put a case which one's hon. Friends dislike so intensely. But I will not be shouted down by my hon. Friend the Member for Kidderminster (Mr. Nabarro). He is not the Gauleiter of this House yet.

I argue that under Clauses 12 and 13 too much taxation is raised and that that taxation, raised in that manner, is in itself inflationary. I am entitled to argue that on Third Reading. I am pleading for those who are penalised as a result of the effect of Clauses 12 and 13. I hope that that is in order. There are £42,000 million—I ask the House to note these figures—of Government and other fixed interest bearing stocks held by the ordinary people of this country. Over the last twenty years, the value of the £ has dropped to one-third. Thus, the holders of those Government and similar stocks have lost no less than £28,000 million in real purchasing power. I plead with my right hon. and learned Friend, on their behalf, that sterner measures for deflation should be taken so that they do not lose more of their money.

I thought my hon. Friend was arguing earlier that we wanted a reduction in taxation. Now, he is speaking of more taxation.

No, I am not. The Chancellor not only has the power to raise money, but he has also the right to say how much of it shall be spent and where it shall be spent. I want him to play the Molotov and say "No" to those who want to spend too much. I am surely entitled to ask him to do that. [Interruption.] I am sorry about this. I will pursue it no further now. On another occasion I shall seek to put my case when what I say is accepted as being more in order. [HON. MEMBERS: "GO on."] No; I have been ruled out of order by my hon. Friends below the Gangway.

I am a little doubtful about whether my right hon. and learned Friend will raise all the money he expects to raise. I can promise him that company profits this next year will not be nearly so high as, I think, he expects them to be, and his revenue may not be so high. However, on behalf of the holders of Government and similar stocks, I beg him to stick to the money when he has it and see that it is not spent wastefully.

Is the hon. Member aware that the Trustee Investments Bill is to be debated tomorrow and there is an Amendment to this very effect? No doubt, if he has not been in order in his remarks this afternoon, he will be in order on that occasion in particularising and discussing the matter in detail.

5.34 p.m.

I am not sure that my opening remarks will be completely in order, but I feel bound to say that when an hon. Member is making such an earnest contribution as the hon. Member for Louth (Sir C. Osborne) has just made, I consider it a shame that other hon. Members should be so raucous in their interruptions. My own remarks will be directed, with equal earnestness, I hope, to the second of the regulators, the payroll tax.

I am very sceptical indeed about the payroll tax. In order to make my point clear, I will draw upon my experience in the engineering industry, in the tool-room. It is not at all uncommon for highly skilled workpeople to be underemployed for certain periods. I want the Chancellor and his advisers to be very careful indeed in the application of what can be a very dangerous method. In the toolroom, after people have tooled up a job and the job has been put out into production, it is by no means unusual for a lull to be experienced. I have known of it myself, and employers have told me how pleased they were that certain of their skilled men were kept on in such circumstances. Otherwise, when further orders came in which required tooling, they would have been in tremendous difficulties. Indeed, it is doubtful that they would have been able to overcome them. This is a point which should be clearly understood. I regard the payroll tax as indiscriminate and likely to be very dangerous for industry.

I come now to the second impact of the payroll tax, its impact upon the local authorities. The hon. Lady the Member for Tynemouth (Dame Irene Ward) tried to draw attention to this matter in an intervention during the Chancellor's speech. The point she raised was a very important one. To emphasise it, I shall read from a message sent to me by the Town Clerk of Burnley. In his letter he says:
"I would like to draw you attention to the serious effect which such a tax would have on local authorities.
"According to statistics given in the Ministry of Labour Gazette for December, 1960, a census of local authority full-time employees on 25th June, 1960 showed a total in England and Wales of 1,178,755. If a tax of 4s. per week on each of these employees were to be charged, local authorities in the aggregate would have to find about £12¼ million a year, and this would affect Burnley to the extent of £36,000 a year.
"An analysis of these employees shows that approximately half of them are teaching and other education staffs, police, fire officers, or are engaged in the health and welfare services. In addition, many of the employees in the central departments of local authorities are occupied in connection with these services. The employment of teachers, police and fire officers is subject to establishments which are still hard to achieve, and, if the purpose of the tax is to retrict manpower, it is difficult to see how this can serve a restraining purpose in relation to the local government services referred to.
"I think that the object of local authorities generally is to use staff economically and that they need no fiscal disincentive of this kind to induce them to keep their staffs at the minimum level consistent with efficiency."
All I need add is that I am speaking of a constituency second to none in its contribution to our country's industrial and economic welfare. There are constituencies in the South which have by no means inherited such a hard and harsh legacy as has Burnley, and they are not, as Burnley is, in the process of trying to bring an old town up to something like the modern standards which its citizens richly deserve. I feel I am entitled Ito protest strongly against the application of the payroll tax to a constituency such as mine. The payroll tax is a blunt and unimaginative tax, and, for all the reasons I have given, there should be very great hesitation before it is ever applied.

5.40 p.m.

First, I want to say, and I hope that he will not take it amiss, how much I deplored the speech of my hon. Friend the Member for Louth (Sir C. Osborne). The picture which he persists in painting—so black that it creates an impression all over the world and also in every section of our own country that this country is literally down and out and that we are a decadent and flabby race—is so far removed from the truth that he does us a very great disservice. These may be the sorts of conditions which exist in Louth, but they certainly do not exist in my constituency of Ilford.

I only want to add that in Ilford we have one or two substantial industries which are major contributors to our export trade, leaders in their own field who owe no apology to any part of the world for the contribution which they make to the betterment of mankind. We have to face the fact that ever since the war, we as a nation, at all levels of society, have advanced on a very broad front, and I say without hesitation that today the nation as a whole is better housed, better clothed, better fed and better shod than at any time in its history. If that is decadence, I think that we ought to have more of it.

To get back to the Third Reading of the Finance Bill, this Measure embodies my right hon. and learned Friend's proposals outlined in the Budget, and I suppose that in general the Budget can be considered to have had a very good response throughout the country. For the first time for a long time, it was a Budget designed in two parts; first, that which concerns the immediate financial year, and the second part, which contains the regulators, which may or may not be used, plus the concessions on Surtax, which will not operate until about 1963.

I want to address such remarks as I have to make purely and simply to the second regulator, which is the payroll tax, and to express the view that it will never be thought necessary to impose it in this country. I am not propounding any new economic theories, but simply asking my right hon. and learned Friend the Chancellor, the Financial Secretary to the Treasury and the Economic Secretary, hon. Members of this House and the country at large to recognise the economic facts as they have existed since the end of the war, and to try to learn some lessons from them.

If we go back to Lord Dalton's cheap money policy, I think that history will record that that fact of cheap money was probably the most inflationary instru- ment used in this country since the end of the war, and that it was primarily responsible for the conditions which exist in our nation today. [HON. MEMBERS: "No."] I am not criticising Lord Dalton from sixteen years behind the times—we can all have hindsight—but simply saying that, in my view, the cheap money policy of the Labour Government immediately after the war was the greatest contributory factor to the inflationary situation which existed at that time.

Then, we come to the right hon. Gentleman the Leader of the Opposition and his Budget prior to the 1951 General Election.

On a point of order. Is this a speech which can be strictly defined as a Third Reading speech?

The hon. Member is entitled to make that interruption. There is a tendency in this debate to go far too wide.

I have no desire to get out of order. What I am simply trying to say by, I hope, a process of putting one brick on top of another, is how the fact of high taxation—[Interruption.] The hon. Member for Gloucestershire, West (Mr. Loughlin) has made his intervention. Perhaps he will have the courtesy to listen to what I have to say. I was simply trying to build up a case, by putting one brick on top of another, that high taxation is inflationary, and that in these circumstances, the payroll tax should not be introduced. I cannot see that there is anything very much out of order in that. [Interruption.] The hon. Member for Nelson and Colne (Mr. S. Silverman) is very voluble on very many subjects, but it is a great pity that his knowledge is so little where economics are concerned.

The right hon. Gentleman the Leader of the Opposition introduced his Budget to the House at the time of Korea. It was quite obvious at that time that he had to increase taxation in order to meet the expenses, but in proposing that Budget, he said, and this is the important point, that by increasing these taxes and by bringing into effect these higher taxes, it was an honest Budget which would cure inflation.

On a point of order. You will recollect, Mr. Deputy-Speaker, that the hon. Member for Kidderminster (Mr. Nabarro) drew your attention to the fact that the hon. Member for Louth (Sir C. Osborne) mentioned quite a lot that was not in the Bill. Is there anything in the Bill about Korea and the Leader of the Opposition introducing his Budget at that time?

As I said before, there is a tendency for the debate to go too wide, but I understand that the hon. Member was building up his argument in order to deal with something which is in order on the Third Reading of this Bill. I hope that he will do so.

I am obliged to you, Mr. Deputy-Speaker. The net result of this increased taxation as a result of that Budget was to increase the cost of living and to be inflationary to an extent greater than we had ever known in this country.

Then, we come to what I regard as the most disastrous post-war Budget, which was the one commonly known as the "pots and pans" Budget, in which, again, taxes were increased in order to correct an inflationary situation, and, unquestionably, had the effect of increasing inflation. It was not until 1957 when we adopted quite different measures that we were able to correct inflation and to expand without inflation.

The payroll tax, which I suppose is one of the most criticised proposals in this Bill, will not, in my view, serve to do anything that it is intended to do. First, we have to consider that, and we have never heard from the Treasury Bench what exactly is intended by the payroll tax. Is it, for example, intended to cause economy in the use of labour? If that is so, I submit that 4s. a week per person, which is about Id. an hour in the main industries of this country, will certainly not have that effect, but it will cause very serious damage to the little woman at the corner of the street, with a little bakery or greengrocery shop, employing the minimum of labour, maybe only one person, and in that case it is something which will be passed on to the consumer.

The big firms with 5,000 or 10,000 employees will simply pick this up as an additional cost which will go through with their other costs that may come along and will be passed on as a rise in price, which must inevitably be inflationary. The local authorities, the National Coal Board, and all the nationalised industries, which, in the main operate—I will not say on excessive labour—on the minimum amount of labour, will have to pick up this extra cost and pass it on in increased fares or charges in one way or another, so that if it is intended to cause economy in the use of labour, I submit to the House that 4s. per week per employee is a derisory figure which certainly will not have that effect.

If its purpose is to force industry into automation, the figure of 4s. per person per week is equally derisory. If we want industry to develop automation to a greater extent than it has done, it must be put in a position whereby the charge against it for not doing so is penal or almost penal. Alternatively, there must be Income Tax concessions by way of quick depreciation which would enable industry to automate. I submit to my hon. Friend the Financial Secretary that if the intention is to create an automated industry, the minimum figure should be, not 4s., but about £1 per week per person, and it should be accompanied by a provision in the Bill whereby anybody introducing complete automation would be able to write it off in the first year. That would have been a constructive proposal which would have helped production.

Secondly, however, if we were to increase the figure to £1 per week, we would not be able to adopt it in the blunt way that it is being introduced. There would be need to differentiate between all sorts of industries.

On a point of order. I understood, followed and appreciated your Ruling, Mr. Deputy-Speaker, when my hon. Friend raised a point of order just now about things that were not strictly in the Bill, on the ground that the hon. Member for Ilford, South (Mr. Cooper) was building up an argument. It is now clear that he is building up an argument to support a complaint that something which he thinks should be in the Bill is not in the Bill. Is that in order?

I was listening carefully to what the hon. Member for Ilford, South (Mr. Cooper) was saying and I thought he was addressing his remarks to a tax which is being introduced in the Bill. It may be that he was tending to stray rather further, but up to now I have thought that what has been said was in order.

I am obliged, Mr. Deputy-Speaker.

The effect of increased taxation since the war and the introduction of this payroll tax, which, according to my right hon. and learned Friend the Chancellor of the Exchequer, will be an increase in taxation to the extent of £200 million a year, will be highly inflationary except on one condition: that is, if the Government are able to control wages, profits, dividends, prices and all external conditions. That would mean a totalitarian society which we in this country would not accept. The Budget will have the general approval of the country as a whole, but it is sincerely to be hoped that my right hon. and learned Friend will have second thoughts concerning the introduction of the payroll tax.

5.54 p.m.

I do not want to detain the House for any length of time, but I should like to make two comments, one about Surtax and the other in respect of the two regulators. Before doing so, however, I should like to bring the House back to the picture painted by the hon. Member for Louth (Sir C. Osborne), because it is only in the context of that picture and of the facts of the economic situation that one can consider the Bill.

It is no good hon. Members, from either side, complaining when a picture has been painted in the blackest terms. What we have to concern ourselves with is whether this Finance Bill will meet the needs of the economic situation which all of us, whether we prefer the light-coloured or the dark picture, know is developing and is likely to develop quickly in the next few months.

The test of the Bill is whether, in the use of the proposals that it contains, the Chancellor of the Exchequer will be able to meet the economic situation during the next twelve months, and, in particular, the next four months, and whether as a result of so doing he will be able to maintain the existing standards of the people. I am not concerned whether hon. Members opposite call me a Jeremiah or whatever description they apply to me. I do not think that the Bill will meet that situation. Indeed, the combination of the proposals contained in the Bill is more likely to increase the difficulties with which the country is faced.

It is no good saying that, in extremely difficult economic circumstances, we should ask the workpeople to restrain their demands for wage increases and, at the same time, saying that we can afford to give to 350,000 Surtax payers £83 million in relief. It is not a bit of good anybody saying that the Surtax payers will not get those reliefs for another year or two. I never knew of a Surtax payer who could not in any circumstances secure the maximum degree of credit or personal loan. The money will be spent if need be.

Think of the psychological effect. With all the criticism of the trade unions —I admit that they can be criticised—can any responsible trade union official go to his membership and say that, because the country's economic circumstances happen to be difficult, irrespective of the causes, whether or not it is the fault of Government policy, they must not ask for increases when, at the same time, the Chancellor of the Exchequer is prepared to extend benefits of this kind to people who can afford not to have those benefits if the economic circumstances are such an additional factor?

In the first regulator, the Chancellor takes unto himself power to increase certain taxes, whether they be Excise taxes or Purchase Tax. We know that within the next few weeks, as soon as the Bill comes back from another place, because of the economic circumstances it is reasonable to expect the Chancellor to impose taxes of one kind or another.

The Chancellor cannot commit himself. He cannot say that he will impose a 5 per cent. or 10 per cent. increase in Purchase Tax immediately the Bill comes back from another place, but it is reasonable to assume that he will impose an increase. That will mean that the men and women in industry must face an increase in their cost of living. In that event, obviously there will be demands for wage increases.

There are circumstances in which trade union officials, in defence of the work-people's interests, can say to the employees, "Whilst you have a justifiable case for wage increases, you ought to be prepared, not only in the interests of the country but in your own interests, to show a degree of restraint." But if, in the self-same Budget, the Chancellor is prepared to give £83 million to the Surtax payers while imposing taxes that will result in a 3 per cent, or 4 per cent. increase in the cost of living by the end of this year, how can any responsible trade union official talk about wage restraint?

There is not so much danger to the economy if we have responsible people on both sides of industry, but if I am responsible enough, as a trade union official, to recognise the difficulties with which British industry is faced at given times—particularly at the present time, and in the next few months—and to pursue a policy of speaking of restraint to the workpeople, am I not asking for more irresponsible people to assume the leadership in the trade union movement, with dire consequences to our economy?

This is one of the really "class" Budgets and "class" Finance Bills in the post-war period, and it is one for which this Government will be sorry. The Chancellor has said that the trade gap has not widened, but it certainly has not improved, For just a moment I will take a leaf out of the book of the hon. Member for Ilford, South (Mr. Cooper) and indulge in a historical survey. In 1951 the Tory Party was charging the Labour Government with leaving us with a bankrupt country, and was quoting gold and dollar reserves of £1,055 million as evidence of that. Today, our reserves of convertible currency are down to £990 million.

Irrespective of the blame that can be attached for that, and I would attach it to the party opposite, these are circumstances in which there should have been a Finance Bill that would have justified a pulling together by both sides of industry and all sections of the community. This Bill will not have that effect. It is a Bill of which the Tory Party will be ashamed, because it will only make our serious economic position worse than it ought to be.

6.2 p.m.

I hope that the hon. Member for Gloucestershire, West (Mr. Loughlin) will forgive me if I do not pursue him, as I could. We have heard all these arguments about Surtax and wage restraint time and again, not merely in the last three months but certainly during the eleven years that I have been in this House. There is obviously a clear party political difference between us, and I do not think that it would do any good to go over all the ground again.

I would only say to the hon. Member that I should like to think sometimes that he and his friends gave us at least the credit for holding our views as honestly and sincerely as they hold theirs. I do not dispute that their views are honestly held, but the implication of the hon. Gentleman's speech was that anyone who disagrees with him is a crook—

I very much doubt, Mr. Deputy-Speaker, whether it would be Parliamentary language on my part to call the hon. Gentleman a crook.

I am very pleased to say that the hon. Gentleman did not call me a crook. I said that was the implication of his remarks—but I do not wish to pursue the matter. I believe just as strongly that to confiscate 75 per cent. of any man's honest earnings, provided they are honest—and, if they are not, our law is quite capable of taking care of that—cannot be justified on any grounds of social justice at all but can, in fact, be justified only on grounds of sheer envy.

I was interested to hear the hon. and learned Member for Kettering (Mr. Mitchison)—and I am glad to see that he has returned to enliven our debate—assure us that he and his hon. Friends opposite were so arranging their affairs as to take care of their own Surtax liabilities in 1963. Perhaps I had better consult either the hon. and learned Gentleman or his hon. Friend the Member for Gloucester (Mr. Diamond) professionally to find out how it is done. I wish I knew.

The regulators have taken up much of this debate. I still believe, as I said in the Budget debate, that these represented a courageous and imaginative approach and I have no hesitation in supporting the approach. I think that my right hon. and learned Friend has done the House and the country a great service in bringing forward these new ideas about economic regulators. This is the first time they have been debated or argued at any great length but, having sat through much of the Committee stage—and when, unfortunately, I had to be absent at times, I read the reports of the proceedings very carefully—I am overwhelmingly convinced that neither of these chickens will run. I am quite convinced of that.

I believe that the propositions advanced by the hon. and learned Member for Kettering about the payroll tax were completely right. To apply a tax like that to policemen, to school teachers, to nurses, to farm workers and to all the various classes of people of whom we are desperately short simply cannot make any kind of economic sense, and I hope and pray that we never get round to using that regulator.

I feel the same way about the Purchase Tax regulator. I can well remember sitting here many years ago, in the days of Sir Stafford Cripps and his great doctrines of austerity. The slogan then was that we would stop inflation by mopping up surplus purchasing power. I never found anyone in my constituency who ever had any surplus purchasing power. I have certainly never had it myself, no matter how hard I have worked or by how much the good Lord has been kind enough to increase my income.

In fact, one never did mop up surplus purchasing power. This exercise was tried time and time again, and I think that the last and most disastrous example we have had in this Government was the unfortunate "pots-and-pans" Budget. when Purchase Tax was put on household utensils. We all know perfectly well that it did nothing whatever to stop inflation. It did not mop up any surplus purchasing power at all.

Surely, we have now had enough experience of this utterly wrongheaded economic thinking, which seems to exist nowhere in the country but in the Treasury, to know that every single time we have raised taxes to try to counter inflation, to mop up purchasing power, the effect has been the same. The 80 per cent., roughly, of the community who are in a position to take counteraction, do so. That means not merely the trade unions but everybody who works for a living in one way or another. The British people are far too acute and far too intelligent to be caught napping by something as blunt and dull as this.

The remaining 20 per cent, of the community, the people on small fixed incomes, cannot take counter-action, the whole thing balances out in a matter of a few months at a higher level, and they are left even further behind than they were before. If my right hon. and learned Friend imposes this tax, I believe, I am sorry to say, that the same thing will happen again.

I admire his courage and his imagination, and I congratulate him in that I think he has done a great service in having brought forward these proposals so that they could be really seriously considered and argued in this House and by the public, but I do believe profoundly that now that that has been done the overwhelming weight of the argument is against both, and I hope that he will reconsider them both very seriously.

There is one more point I should like to make. All through these debates from the very beginning, whatever Clause we were concerned with, whatever the subject under discussion, the Chancellor himself and all of us have constantly been coming back and back, as we have been forced to do by the logic of the argument, to the problem of the balance of payments, the need for exports and the stability of the £. I do not think there was one Clause, with the possible exception of that about relief to the victims of Nazi persecution, on which we were not sooner or later considering the effect of it on the balance of payments and the expansion of British industry.

My right hon. and learned Friend has said time and time again that this is in the forefront of his thoughts. We all of us support him wholeheartedly in that policy. I still believe, contrary to the party opposite, that the Surtax concessions are very important in that context.

We had a considerable debate initiated by my hon. Friend the Member for Peterborough (Sir Harmar Nicholls) on export tax incentives. My hon. Friend the Member for Kidderminster (Mr. Nabarro) and the tax committee of the Federation of British Industries—and we could not have two more sound pillars of orthodox taxation policy—were dead against the measures which my hon. Friend the Member for Peterborough was suggesting. As the Chancellor knows, for we have discussed it over the years, I have always accepted the view that any kind of deliberate adjustment of our tax structure to assist exports is probably unpractical or impossible.

I just want in finishing my speech to say, with whatever authority I can command as having some experience in this specialised field, that I have now come to the opposite conclusion. I am quite convinced that if my right hon. and learned Friend does not find some solution of this problem he is not going to solve the exports problem and the balance of payments problem as he is trying to do, and in this objective, which we all support, he will not succeed.

It is really not good enough for my hon. Friend the Financial Secretary—I am sorry that he has left—to go on saying that we have persuaded other countries to drop these things. We all know perfectly well that they have not dropped them. It really was not good enough for my hon. Friend, whose skill and ability I admire immensely, to say that we have Purchase Tax and that when somebody exports from this country he does not pay Purchase Tax and that this compares with the remission of turnover tax paid by the Germans. There cannot be the remotest comparison between these two things because in the field of capital exports, with which we are here primarily concerned, Purchase Tax does not apply.

Our manufacturers competing with the French or the Germans or the Italians for a major power station or railway installation, those sorts of things, do not pay Purchase Tax on those things in the home market. In those countries there is a turnover tax paid by the manufacturers who are our competitors. Whether it is done officially or unofficially, no matter how it is done—it is done and we know it is done, and the proof has been sent to Ministers time and time again—the local tax man, whoever is the authority, says, "If you need a 7 per cent. margin to beat the British we will remit 7 per cent. of the tax on this order to allow you to do it." We all know that happens.

I do implore my right hon. and learned Friend to look at this seriously again, because I think that this is a major gap in his arrangements for what he wants to do and in which all of us support him.

We have in this Bill Clauses 17 and 18 relating to tax reliefs for development purposes throughout the Commonwealth. Our partners in the Commonwealth have no trouble in arranging discriminatory taxes to encourage the things they want to do. That is why these Clauses have arisen. In Jamaica where there is a trade union and Labour Government, because that Government are anxious to encourage the capitalists, they will give a 10-year tax-free holiday. This is done with the full blessing and on the initiative of the trade union leaders, because they know this is the way to attract capital into their country and raise the standards of their work-people. In Barbados, in Trinidad, in all these other countries, we find this succeeding because they are encouraging it in the right way.

We here are told that it is administratively terribly difficult. We are asked how we would distinguish—this is the point my hon. Friend the Member for Kidderminster made—between the direct exporter and the people who supply all the parts. I find that most of my friends in industry are quite prepared to accept the logic of this tax concession. The tax concession goes to the man who takes the risk and makes the effort to export. It is perfectly true that somebody else supplies, for instance, the wheels and tyres of the motor car, but that to him is home trade; there is no export risk; there is none of the enormous cost and problem of export. The man who actually takes the risk, I believe, must have the incentive, and I implore my right hon. and learned Friend to look at this one again.

I merely wanted to ask the hon. Gentleman, although I agree with the latter part of what he said, if he would explain his point about the turnover tax. I am trying to follow his argument. When that turnover tax is reduced—suppose it is remitted—and the manufacturer pays ordinary, straightforward tax, what advantage has he, and how, over the British manufacturer who is already competing paying ordinary, straightforward tax?

I thought the hon. Gentleman was a chartered accountant. He knows the answer to that question as well as I do. You have just returned to the Chair, Mr. Speaker, and I suspect that had you heard what we were both saying you would probably have ruled us out of order, and I imagine that if I were to pursue the answer to that question I should be completely out of order.

I should like to say finally to my right hon. and learned Friend that I support him. I think he has done something which was courageous and of great value in bringing forward the proposals he has, but I hope he will consider the arguments, which I believe to be overwhelming, against the use of these regulators, and I hope that he will consider again very seriously this problem of incentives to exporters, because it really will be no consolation to the country if we are to starve like gentlemen so long as the sacred principles of the Inland Revenue are preserved. The sacred principles of the Inland Revenue, I believe, ought to be breached, and must be breached if we are to make the advances in the export markets which we want and if industry is to make the progress which my right hon. and learned Friend wants, and I hope and pray that he—I hope, indeed, it will be he—is going at long last to solve this balance of payments problem which has haunted every Government since 1945.

6.20 p.m.

I am a little puzzled by the attitude of the hon. Member for Somerset, North (Mr. Leather) whose speeches I always listen to with interest. He has congratulated the Chancellor six times in the course of a relatively brief speech and yet the entire burden of his speech was to say that the proposals in the Finance Bill were either mistaken or inadequate. I therefore find it a little difficult to know on what act of courage the hon. Member is congratulating the Chancellor.

I have not been quite as active this time as I have been sometimes in discussions on the Finance Bill, but that at least gives me the advantage of coming to the Third Reading with a relatively fresh mind. I recognise that we are discussing the Bill in its final stage in the House in economic circumstances which are causing disquiet. When the hon. Member for Louth (Sir C. Osborne) was making his speech there was considerable hilarity below the Gangway opposite.

The strongest terms of disapproval among my hon. Friends and myself, but there was no hilarity on my part.

There was derisive laughter, and the usual interventions from the hon. Member for Kidderminster (Mr. Nabarro) who kept reiterating the word "miserable". All I suggest to the hon. Member is that possibly he did not have on his breakfast table this morning the same newspapers that I had on mine. I do not know what the hon. Member reads. Possibly Sporting Life is his first paper.

No doubt the hon. Member will be able to explain to the House later exactly what his breakfast table reading is. I have an assortment of newspapers. Among them are the two which are sometimes called in inelegant language the "posh" papers, The Times and the Guardian. It happened that this morning, when I was thinking of the Finance Bill in terms of the financial situation in which we would be asked finally to pass it, I read the leading article in the Guardian, and the comments of the City Editor of The Times. Anybody who reads those two articles and comes here in a mood of complacency and utters the word "miserable" to the hon. Member for Louth has an inadequate grasp of the country's economic situation. I also had the benefit of reading Lloyd's Bank Review and I commend it to the hon. Member for Kidderminster.

I congratulate the hon. Member. If he has done so, I am sure that he will realise that there are persons who are of at least equal, if not possibly superior, reputation to him as economists who take the view that our economic position is extremely serious. I hope to return to that subject before the end of my speech, but meanwhile I should like to make one or two comments on the three subjects which are the kernel of the Bill, that is, the two regulators and the Surtax proposals.

A great deal has been said in criticism from both sides of the House about both regulators. First, the Chancellor himself admits that they are excessively blunt instruments. We all appreciate that. There is something to be said from an industrial point of view, for example, for the payroll tax. There is something to be said for some kind of arrangement, possibly through National Insurance, for seeing that on the one hand we penalise firms which do not do all they might to economise in labour and, on the other, for seeing that there is a redundancy fund for workers made redundant if a firm goes in for automation. But we cannot discuss that on Third Reading of this Bill.

If we look at this from a purely industrial and not a fiscal point of view, there might be something to be said for some kind of quid pro quo on those lines, but this payroll proposal clearly has not been adequately digested in the Treasury, be-fore being presented to the country. At the beginning we had conflicting explanations from the Government. There was one moment when it looked as if the payroll tax was intended to be an industrial regulator, to economise in labour and to encourage the substitution of machinery for manpower. That one aspect was mentioned at the beginning but it was quickly dropped. Then we were led to believe that this was nothing at all to do with industrial economy and the substitution of machinery for manpower but was a purely fiscal measure. Then various anomalies were brought to light and hon. Members have already pointed out the fears expressed by local authorities and people in public services that this transfer of people would lead to a vast amount of administrative expense without making one iota of difference to the economy.

One could think of thousands of anomalies that would have arisen. There are, for example, the various educational and charitable institutions which would have applied for exemption. One with which I have some connection wrote to me to say, "Dear Mrs. White: You will realise that our position will be made much more difficult if this goes through. Will you bring up our case in the House of Commons?" and so on. As I found it difficult to believe that this scheme would ever be operated, I have not wearied the House with these individual appeals which I am sure most hon. Members have received.

It is obvious that there would be anomalies in cases of this kind and also in industry. The cinema industry, with which I have had a long connection, is required by statute to employ a certain number of people in a cinema when a performance takes place. There would be a sense of injustice if one employee were penalised in a situation in which one could not economise in manpower anyway even if one wished to do so.

This, as I have said, is an ill-digested proposal. One is not against innovations in fiscal policy—far from it. We all like to think that people in the Treasury use their intelligence in these matters, but they must do so to better effect. It is a great pity that in one of the very few efforts on the part of the Government to bring some new device into our economy they should have got off to such a bad start on this one. It is very regrettable that in their first essay into something novel in our economic arrangements for many years this proposal should have been so ill thought out and should have met with such an unfavourable reception in all quarters of the House and in the country.

The other regulator, the increase in indirect taxation by Treasury dictate, is not new. We had that principle in the Purchase Tax although there it was not just a fiscal matter. There was a reputable argument that knowledge that a change in Purchase Tax would take place only at the time of the annual Budget led to a reduction in purchases over the preceding period. There was a good deal to be said for giving the Treasury some leeway if it wished to introduce changes in Purchase Tax at some other period of the year and thus avoid a slack in purchasing. I believe that that was one of the main reasons for allowing these changes in Purchase Tax to be made.

This kind of regulator, however, has no such purpose. This, again, is a purely fiscal measure, falling on the just and the unjust alike, and one can well see how difficult it would be to operate except over a short period. We have already had discussions during debates on the Bill on the existing tax on motor cars and on other commodities subject to tax. If in certain circumstances, especially where exports were concerned, these taxes, for general fiscal reasons, were substantially increased by 10 per cent., we might have serious industrial consequences. Therefore, it also appears that this blunt instrument is too dangerous to use except possibly for short periods. There is also the strong argument of the hon. Member for Louth and the hon. Member for Somerset, North that whereas other people can adjust their earnings over a period to new standards of prices, those on fixed incomes are left behind. They and those on retirement pensions can never catch up as quickly with the rise in general prices. Therefore, I repeat that on both these regulators there has been too little thought. The criticisms have far outweighed the commendations.

The Surtax proposals constitute a third major part of the Bill. I do not need to go again into the arguments which we have used on this side of the House since the Budget. An hon. Member opposite said that the Budget was in two parts. We consider that it had a most unfortunate preface in the Health Service charges and that it has really three parts. We feel very strongly that in the economic situation in which we find ourselves that was a most undesirable step.

The Chancellor in his speech today commending the Third Reading of the Bill said that among his major objectives had been restraint of personal consumption. I find it hard to see how a remission of Surtax of £83 million will restrain personal consumption. The hon. Member for Louth said that higher taxation encourages spending. I also find that very difficult to believe; but perhaps I heard the hon. Gentleman wrongly. In any case, I cannot see how a remission of £83 million will restrain personal consumption.

If one has more money it is true that some people will save it, but I suggest that many people who will have the benefit of the Surtax concessions will simply improve their standard of living. They will say to themselves, "We will take the family this year to Juan-les-Pins instead of the little place near Dieppe." That is the kind of thing that is likely to happen with the people who will get these tax remissions.

The Chancellor said that he wanted to improve incentives to effort and initiative. That was one of the reasons which he gave for the remissions in Surtax. We all remember the ridicule which my right hon. Friend the Member for Huyton (Mr. H. Wilson) poured on this as the great incentive to export. As he pointed out, a great many people who have nothing to do with exports will get the remission just the same.

In any case, I wonder whether these remissions of personal taxation have any connection whatever with improvements in our export trade. I just do not believe it. I am not an accountant and I am not a sufficiently skilled economist to know whether the suggestions made by the hon. Member for Somerset, North about more direct inducements to export are sound or not. I should not like to judge; I am not in a position to do so. However, I feel very strongly that, whether his proposals are good or not, just allowing Surtax payers to have a little more personal income is neither here nor there. Our export situation is very serious. One reason given by people for our going into the Common Market is that unless we have the cold wind of competition our industrialists simply will not manufacture for export or sell adequately overseas.

We have to ask ourselves whether the Surtax remissions really will meet the situation. I have been given some examples by someone who has an unrivalled knowledge of our commercial and export efforts in certain parts of Africa. I choose three specific instances in which British exporters have just not come up to scratch. I ask hon. Members whether the Surtax concession affects this or not.

There was a new hospital to be built, and £2½ million was to be spent on it. A great deal of equipment for it was needed. Inquiries were sent to manufacturers in this country, Switzerland, Germany and Sweden. The response by the British manufacturer was to send a price list and say, "If you want any of these things, here they are". No delivery date or anything interesting was given. Yet the West Germans had people there by air within four days.

Special equipment for overhead irrigation was needed in a drought-stricken area. The development was to be in Israel, but the equipment had to be bought in Europe. Those concerned would not buy the British version because it was not suitable and they could get no delivery date.

Diesel engines were sent out for a railway. The engineers who bought them said they wished they had got them from somewhere else. The engines had not been fully tried out, and there were so many faults and difficulties with them that the engineers said that they were sorry that they had been patriotic and bought British.

There is another point on car exports. Going to some of our territories where one would hope to see British cars, one sees the Volkswagen and the Peugeot. It is only in the last year or so that the British car manufacturer has bothered to take any interest in the East Africa Safari race after the Volkswagen have got themselves in well there.

Will this attitude of mind be changed by giving Surtax remissions? I just do not believe that it will. On the contrary, I think that people who find that their personal lives are more comfortable through their having Surtax remissions will be not more likely but less likely to exert themselves to go out for the further exports which we really need if we are to maintain our position in the world. We are not maintaining our position in the world at present.

I end simply by drawing attention to the comments with which I started in the context in which we are being asked to pass this Finance Bill, so that we may judge whether it is adequate or not. The Guardian leader begins
"A decade of Conservative remedies has failed to cure the United Kingdom's economic malaise."
It is interesting to note that we have now had ten years of Conservative administration, though we have had more than ten Budgets, because there were a couple of emergency ones.

If we look at the comments on our situation made by people who are perhaps better qualified than many of us in this House, we must agree that this year's Budget, far from being courageous, is inadequate, and that if it was based on miscalculation three months ago the Chancellor has failed in not having the courage to come to the House and say that he was mistaken. Instead of asking us to pass this Bill, he should have amended it in many respects. I find myself quite unconvinced by the arguments which have been advanced in support of the Bill, and shall join my hon. Friends in voting against it.

6.39 p.m.

This is the twentieth or twenty-first Finance Bill in which I have participated, and I am very glad to see the last of it. This is a tedious annual institution which is not in proportion to the needs of the times. It is like a Victorian novel which we are reading and rereading year after year. I represent quite seriously to the House that there is a case for shortening considerably the proceedings on the Finance Bill. The Treasury seems still to be obsessed by the idea that this has a significant effect on the major aspects of our economic life. If we are moving into a jet propelled age, it is no use going back to Trollope, except for light relaxation. One must read Ian Fleming or the hon. Member for Coventry, North (Mr. Edelman).

I have given the figures before in the House of the lamentable differentiation in the economic results in the year following a Finance Bill which was calculated to produce another effect. Time after time we have had a Budget and a Finance Bill setting out a substantial deficit up to £800 million or £900 million below the line, followed by a deflationary situation in the country. Time after time we have set up a Budget and a Finance Bill with a large surplus, and this has been followed by a serious inflation.

Yet these Treasury pundits, these mandarins who sit behind the scenes, are absolutely convinced that they can safely put in front of the Chancellor of the Exchequer a set of figures which will produce a definite economic climate at the end of the day. For days and days and weeks and weeks in this House, on Second Reading, in Committee and on R enort—this year, fortunately, less tediously elongated than previously—we have tried to subtract £20 million here and there. The Chancellor has come in at the last moment and has made a small concession and everyone has glowed with pleasure. It is all very delightful and edifying in this Chamber, and no doubt we practise our debating skill in the process. But it has not the slightest effect upon the basic significant facts which emerge in the course of the following twelve months.

I have with me figures of the marked difference between the actual borrowing requirements of the last three years and the estimated borrowing requirements, as set out by the Chancellor of the Exchequer. They swing about wildly—as wildly as the indications I have given about inflation or deflation. For the year 1958–59 borrowing requirements proved to be £54 million more than was estimated; in 1959-60 the figure was £307 million less; in 1960–61 it was £76 million more.

These budgetary figures deal with over £6,000 million a year, which is what we annually raise by taxation, but the difference between £5,900 million and £6,100 million—about £200 million—has not the smallest effect upon a busy, humming economy which annually produces £22,000 million. An overseas insurrection, a cataclysmic change of fortune, devaluation in another part of the world —anything one likes to imagine as inn act of God—has a much more marked effect on the British economy than these trifling details we toy with, sometimes so zestfully and sometimes so listlessly, at this time of the year.

There is a serious case for the Treasury to consider dealing in very much more violent terms with the budgetary situation—not so much in the sector of increasing or reducing taxation but rather in loan, expenditure and subsidies or redemption of debt so that a swing is produced of about £1,000 million —not just these small figures—if one wants to say that one is using the Budget as a major instrument for rectifying errors in the economy. Otherwise, we must go back to the Victorian ideas of Mr. Gladstone and use the Budget in such a way as to get the minimum amount of money necessary to discharge the Government's functions in society and leave it at that. We cannot go on pretending that the present system of Budget and Finance Bill has a marked effect on the economy.

I want to refer to the Clause in the Bill that provides for the regulator which increases fiscal duties. I believe that this is a powerful weapon, and I am glad that the Chancellor of the Exchequer had the idea of introducing it and that the House has accepted it. To be able to make a swing of 10 per cent. each side of the normal, according to the state of the economy, in any particular month, is a major advance and is a small sign of the basic improvements I would like to see brought about in budgetary techniques in the coming year. To be able to increase taxation suddenly by £200 million is quite a formidable thing. If the Chancellor uses the other regulator as well he will raise £400 million altogether.

That is a great deal better than the effort in the "pots-and-pans" Budget introduced by the Home Secretary when he was Chancellor of the Exchequer. The trouble with that Budget was that it was an irritant and so induced a wage claim, which completely wiped out the effect of the irritant within twelve months. But £400 million is a sledgehammer compared with what has been used before and it should be extremely effective.

It will produce a highly important result. I must point out that if the Government are serious about going into the Common Market they will deprive themselves immediately of the regulator they have just invented. That is one reason, among many, why I hope that they will think again before sailing away into the blue with these attractive countries across the Channel. Why should we deprive ourselves of a useful weapon, which we have only just invented, by marrying up with these Common Market countries? It seems inconceivable to me.

The real basic evil that besets us at the moment is that the Government machine and the expenditure of taxpayers money are far too intermingled with the ordinary natural rights of the private sector of the economy. That famous economist Colin Clark said that any free democracy where the State spent more than about 25 per cent. of the national income would, ipso facto, produce a secular inflation. That has been proved by experience in this country since the war.

The Estimates have increased now to 29 per cent. of the national income, and the Conservative Government are back to the position in which they were in 1954—which is not a very good date because, if I remember aright, it began the big inflation of 1955 and 1956 which had to be put right by the present Minister of Aviation the following year.

It looks now as if Mr. Colin Clark has been proved right a second time. The Government are taxing too much and are spending the taxpayers' money in addition to the inclination of the great generality of the private citizenry to spend money. People are definitely prepared to spend and will go on spending money up to what they conceive to be their scale of living by every possible means, if they are allowed to do so, short of physical controls and war-time regulations. They will get the money if they have to beg, borrow or steal it. They will disinvest. They will demand higher salaries and higher wages in the discharge of what they feel to be the functions of themselves and their families in a civilised community. If the Government go on taxing and spending the tax money on top of that expenditure, they will create a secular inflation.

It is therefore the prime duty of the Government to get away from Lord Keynes and to make an enormous sacrifice in their own spending power and to restore the fortunes of the country. When I hear my right hon. and learned Friend the Chancellor of the Exchequer starting to talk about the dangers of the future, inevitably starting his speeches with threats of new impositions, I wonder whether we are to get from the Government that serious, consequential reduction in their spending which alone will restore the situation.

The Minister of Aviation did that in 1958. He put an immediate ceiling on Government expenditure and that had as powerful an effect as his other measures. I trust that my right hon. and learned Friend will do the same.

6.52 p.m.

What I am grateful for most is that the Chancellor will not follow the actions of the Minister of Aviation in fiscal matters and plunge us once more into the greatest economic crisis which we have had since 1945, to use the words of the Minister himself when he was Chancellor.

I can find practically nothing in what he said about which to agree with the noble Lard the Member for Dorset, South (Viscount Hinchingbrooke). I find it impossible to follow his suggestion that what is in the Budget is of little account. Of course, the success of the country depends not on the efforts of Ministers or Members of Parliament, but on the efforts of every man and woman in the country, but the Budget makes a contribution because it is an indication and a help and a guidance and it encourages or discourages. The expenditure represented by the Budget is only a small proportion of the country's total production, measured in terms of incomes, but it still gives some guidance. It is because this Finance Bill gives the wrong kind of guidance that I criticise it completely.

The noble Lord will have noticed that he alone supports the regulator which is known as the payroll tax. He alone of those who have spoken this afternoon has supported that tax, and those of us who are keen on going into the Common Market will therefore not mind very much if the payroll tax has to be thrown overboard—I have not considered whether it will or not—in the process of greater activity, greater production and sharing with other members of a civilised community many things and a great heritage and a great tradition.

The hon. Member for Gloucester (Mr. Diamond) is quite right to say that I support the payroll tax, but when I was making the point about the Common Market I was referring to the other regulator, the fiscal tax. It is that which will have to be abandoned by our joining the Common Market.

I am grateful to the noble Lord. I understood that he was referring to the payroll tax.

My anxiety about the Bill is that, in the sense that it affects the economy, it does so in the wrong way, paying no attention whatever to the serious underlying circumstances. That was particularly to be noticed during the speech of the hon. Member for Louth (Sir C. Osborne). What the hon. Member was saying he was obviously saying with complete sincerity, but the noise below the Gangway on his own side of the House made it impossible for him to continue, as he said. The comments and jeers on his own side prevented him from continuing, but those same hon. Members who jeered and who subsequently spoke criticised the Government. One criticised the payroll tax and others criticised both regulators, but they all strongly criticised the Government.

It is a great pity that an hon. Member should not be given a fair hearing when he desires to express his views, however unorthodox they may be, or unacceptable, or surprising coming from a particular side of the Chamber. An hon. Member should not have to say that he has been put out of order by his own side and will therefore have to sit down and not continue his speech.

The hon. Member for Louth was making what I thought was a most valuable contribution about lack of confidence, to which he was directing attention. It was those remarks to which hon. Members opposite objected so much, but they can be proved by anybody who cares to look at the finest indicator of confidence which there is—the index of market prices. That index takes the form of an inverted cone. One starts at the bottom of the cone at the beginning of this year and mounts up until one reaches 22nd April, Budget Day. From there on one slithers down fast and the curve was still slithering when I last saw it this morning. That is the confidence which hon. Members opposite and those they represent have in the present situation.

The hon. Member for Louth was completely justified in expressing anxiety. I express the same anxiety and draw immediate attention to those parts of the current Finance Bill whose effects are unwise in the present situation. I refer first, as one must, to the Surtax provisions.

I do not know whether the House appreciates the size of the Surtax reliefs. We have mentioned the figure of £83 million, but I want it to be understood and fully grasped by those who do not deal with figures as easily as some of us that £83 million is not only one-half of the total Surtax, but is in addition to enormous Surtax relief which has already been given during the period of Conservative Government.

I will give only a few examples. A typical example is that of the family man who has two children and who earns £10,000 a year. Over the past ten years he has already had £1,400 a year relief and he is now to get more or less the same amount in one fell swoop. I do not know how hon. Members opposite regard that relief, but I do so by glancing at the figures of the earnings of manual workers, 99 per cent. of whom earn less than the relief which this class of Surtax payer is to get in one year, quite apart from what such Surtax payers have already received.

The £5,000 a year man—beloved of the Chancellor—who has two children was getting £700 a year relief before the Budget. He is to get another £450 a year. I regard that by comparing it with the income of every married couple in my constituency of Gloucester living on a pension. Such a man gets more in Surtax relief from one Budget than a married couple living on a pension get in a whole year. That is the sort of comparison to make. Are hon. Members opposite surprised that we regard this as bitterly socially unjust and likely to do more damage to the relations which are essential if this country is to pull itself out of its production problems?

These Surtax reliefs have been justified partly on the ground of incentive and partly on the ground of an overdue reform. The Chancellor justifies them on the ground that they are an incentive. The Financial Secretary knows that to be nonsense, and he does not repeat it. He goes on the other leg of the argument and attempts to justify them on the ground of being an overdue reform, as he pointed out yesterday.

On the ground of incentive, it would bore the House to repeat the arguments. Said in one sentence, no argument has ever been produced in favour of them. There are four serious considered Reports which give evidence to the contrary. There is the P.E.P. Report of 1960, the Medical Research Report of 1959, the Royal Commission's Second Report of 1954, and the T.U.C. Report before that. All those Reports came to the same conclusion, and hon. Members might also have read the interesting comments of Professor Break of Canada who looked at our taxation system quite objectively and reached the same conclusion as the Reports to which I have referred.

It is utter nonsense, or, as I was guilty of saying on a previous occasion, utter poppycock, to say that giving Surtax reliefs will encourage production, and it is also incorrect to say that this is an overdue reform. The reason the Financial Secretary claimed it to be an overdue reform arose out of the allegation I made earlier, that what we should be looking to was our position in terms of production and productivity compared with other nations. I should have thought that the fact that we are at the bottom of the league table, and have been for the last two years compared with other productive hightly-skilled and highly-capitalised manufacturing nations, was one of the most important things to consider in our economic situation. All that the Financial Secretary said was, "Look where we stand in the league of tax liability". That is what appeals to hon. Gentlemen opposite.

The Financial Secretary went into considerable detail to show that in terms of tax liability a man in this country earning £3,000 a year, if he added an extra £1,000, would get more to keep than his opposite number in Germany, that he would get less than his opposite number in the United States, and therefore we were not too badly off. I am content with the fact that what we regard as important is the league table of comparative productivity, and that what hon. Gentlemen opposite regard as important is the league table of where we stand in terms of tax liability.

Let me now deal with the argument about whether this was an overdue reform. I draw the attention of the House to the effects of the increase in the National Insurance charges and of the current Budget. Let us consider the two together to see whether there is any justification for what the Financial Secretary said two days ago. If we take the two together, we realise that the increase in the flat rate contribution for the ordinary person over the last five years is £13 11s. 8d. a year. I can give the House the details if necessary. Now let us consider whether I am justified in saying that the Government treat the community as two nations in their tax policy.

Consider the family man earning £3,000 a year and upwards. This is the case which the Financial Secretary loves so much and believes in. As a result of the last five Budgets, this man, after taking into account the National Insurance contributions, saves approximately £260 a year. The man earning £5,000 a year saves £860. The man earning £10,000 a year saves approximately £2,000. The man earning £20,000 a year saves approximately £3,000.

I have dealt with that group because they represent approximately 1 per cent., the tap 1 per cent., of the population, and I have shown the benefit which they get out of what I call the last two Budgets added together; benefits varying between £3,000 a year and £260 a year.

Now let us consider the bottom 95 per cent., that is, those earning £1,250 a year or less. The man earning £1,250 a year has had no advantage over the last five years when he takes into account his National Insurance contributions. For all practical purposes he is all square. The man earning £1,000 a year—£20 a week—is £5 2s. 9d. a year worse off. The man earning £600 a year—the average £12 a week man—finds himself £12 18s. 4d. worse off as a result of five years of Conservative tax reduction Budgets and the increase in National Insurance charges.

One is entitled to regard a Finance Bill such as we are discussing today, which puts an additional burden on the bottom 95 per cent. of the population by way of taxes—if one includes, as I properly do, the insurance contribution as a tax—and takes off those earning more than £3,000 a year very considerable charges indeed, as a demonstration that the Government identify themselves with the top 1 per cent. and care naught about the bottom 95 per cent.

The Chancellor of the Exchequer uses as his image a man earning £5,000 a year, as he did in his Budget speech, and the Financial Secretary uses as his image a man earning £3,000 a year. Naturally, as a younger man, a bachelor, the Financial Secretary places his target a little lower. No doubt as the years go by it will rise to the £5,000 a year man. I believe that they are incapable of understanding what the ordinary man feels about this Budget. If that is not the case, I cannot conceive of them carrying through the proposals.

I shall say very little about the tax regulators, because we have discussed them at length. There has been no support from this side of the House for the second regulator. I supported the first regulator during the Committee stage, and I repeat that it is refreshing to have a new idea. I believe in controls, and, unlike the noble Lord, I believe that we need more planning instruments and not fewer. I said during the Committee stage that this was the greatest test of the objectivity of any hon. Member on these benches, because we are being asked not to support an idea like this in principle but to give a Tory Government these powers at this juncture.

It has been demonstrated that I was wrong in giving that support because, although one can justify giving powers to the Government to use between Budget times, one cannot possibly justify aiding a Government to get power by the back-door to levy taxes by Statutory Instruments when in fact what they are doing is avoiding debating them in the House in the normal process of the Finance Bill. Inasmuch as it is now quite obvious that what is in the Government's mind is the possibility of using one or both of these regulators, I say that they have been guilty of the worst possible faith in attempting to get these powers—as they are succeeding in doing —at this time.

7.10 p.m.

It is always a pleasure to follow the hon. Member for Gloucester (Mr. Diamond), who talks on fiscal matters with such great authority. He will not expect me to agree with his political deductions from what is contained in the Finance Bill. Throughout our debates since the Budget, I have given broad and general support to my right hon. and learned Friend the Chancellor of the Exchequer for the purposes of his Budget this year and the Finance Bill which we are debating today, which implements it. The critical words used by the Chancellor are to be found in his Budget statement of 17th April, when he said:

"The first and obvious need is a marked improvement in our balance of payments."
He continued later to say:
"Nevertheless, we have a long way to go in fostering the growth of our exports. We must ensure that opportunities are not lost because there is an overload of domestic demand on our productive resources. Nor can we afford to have our competitive power damaged by rising costs."—[OFFICIAL REPORT, 17th April, 1961; Vol. 638, cc. 797–8.]
The financial effect of the Bill's provisions is to give the Chancellor a surplus above the line of £506 million and an overall deficit, to be met by borrowing, of £69 million. Although I have none of the facilities or resources available to me that are available to the Chancellor, in my judgment those figures are approximately correct in current circumstances. It is for that reason that I have voted against the Chancellor only on two occasions in the whole of our debates on the Finance Bill—and they were on sectional issues. First, I voted against him on the increased fuel-oil duty, of which I strongly disapprove. I gave him methods which I suggested would have raised for him an approximately equivalent sum of revenue. Secondly, I voted against him in regard to Schedule A Income Tax. But that did not derogate in any way from the general support I have given his budgetary provisions.

I am sorry that my hon. Friend the Member for Louth (Sir C. Osborne) is not here at the moment. I regret that he should have painted a picture which was lamentably gloomy and unnecessarily miserable. He exaggerated every facet of our economic and financial deficiencies and gave none of the points which he might have called in aid as being encouraging signs. This is not an economic debate, but the purposes of the Finance Bill, which I demonstrated a moment or two ago—I hope succinctly—in the Chancellor's words during his Budget statements, are perfectly clear to all of us, and I quarrel at once with my hon. Friend the Member for Louth and many right hon. and hon. Members opposite who have complained about the rate of growth of our economy. Although he did not say so specifically, my hon. Friend the Member for Louth was evidently referring to a reply given by the Chancellor on 4th July, to the effect that production per head over the last year had fallen by 1 per cent.

My hon. Friend the Member for Louth exaggerated when he said that economic and financial matters had deteriorated very much since the Chancellor's Budget statement on 17th April. That is just not true. Of course, we are facing extremely anxious times, which the provisions of the Finance Bill may help to remedy, but the facts of the situation were given by Professor Paish of London University, in the Listener, published this morning. He took up the words of the hon. Member for Grimsby (Mr. Crosland) and said:
"A simple calculation from the index of gross domestic product per man-hour worked gives us a cumulative rise of 1·9 per cent, a year from 1948 to 1953, of 1·7 per cent. a year from 1953 to 1957, and of about 3 per cent. a year from 1957 to 1960…These figures do not allow for the effects of any lengthening of annual holidays, or for the growth in the numbers of part-time women workers. To allow for these would presumably slightly increase the rate of growth in output per hour worked."
Those are significant figures. If production per man-hour has been increasing over the last four years by 3 per cent. per annum, as Professor Paish indicates—I presume authoritatively—that is not a position which should give any comfort to hon. Members opposite who complain that we are always at the bottom of the league. On the contrary, it shows a continuous and, in my judgment, reasonably large rate of expansion.

I want to make a short point on Clauses 9 and 30, which concern the regulators. Not a single speech made during the last four hours has failed to make reference to them. They should not be taken in isolation from the other similar instruments already in the Chan- cellor's hands. Before the Chancellor took the powers under these Clauses, there were three similar instruments in his hands. There was the special bank deposit scheme, there was the Bank Rate, and there were the hire-purchase restrictions, legislated for periodically in the form of Statutory Instruments. Those are three regulators, to which the Chancellor has now added two more, and I judge those regulators by their effect in aggregation, if they were all used.

In the past I have often proclaimed, both in the House and outside it, my belief that former Chancellors of the Exchequer, notably Conservative Chancellors, did not have adequate economic and financial powers, in a free society, for regulating the economy in conditions of exceptional difficulty. It is for these broad reasons that I support these Clauses, which give two additional forms of regulation which, added to the three that I have named already in the hands of the Chancellor—giving him five regulatory powers in all—used partially or wholly, should give him, in the anxious times to which he has referred, adequate means to deal with the fluctuations in our economy.

I want to say a word in particular about Clause 9. I do not want to try to transform this into a Purchase Tax debate, but I appeal to my right hon. Friend to consider earnestly what would be the effect on Purchase Tax schedules if he used the regulator provided by Clause 9 literally. At present the Purchase Tax rates are 5 per cent., 12½ per cent., 25 per cent. and 50 per cent. If he used the first regulator upwards at 10 per cent., the 5 per cent. rate of purchase tax would become 5·5 per cent.; the 12½ per cent. rate would become 13¾ per cent.; the 25 per cent. rate would become 27½ per cent., and the 50 per cent. rate would become 55 per cent. If the Chancellor applied half that level of regulation the rates would change from 5 per cent. to 5·25 per cent.; from 12½ per cent. to 13·125 per cent. from 25 per cent. to 26·25 per cent., and from 50 per cent. to 52·5 per cent. [Laughter.]

I am being suitably stimulated by my noble Friend saying "Go to the top of the class."

This is not a rehearsed speech I hasten to assure you, Mr. Speaker. The plain fact of the matter is that the calculation of these very difficult rates in commerce and industry would be highly wasteful of resources. I beg my right hon. and learned Friend to remember that the wholesalers may well have business accounting electronic and electrical machines available, and computers of one kind and another, to help them in these calculations. They may well be able to use slide rules. But the multiplicity of retailers who have to check the paper work and details as to rates of this kind generally have no such advantage and would be seriously embarrassed.

I make this suggestion, therefore, to my right hon. and learned Friend. If he uses his regulator under Clause 9 and applies it to Purchase Tax, will he simultaneously use his powers under the Finance Act, 1948, to reduce Purchase Tax to round figures which are much easier of calculation and in consonance with the currency? I mean by that figures which divide equally into 1s., 2s. or 5s. without involving fractions of pence.

I should now like to say a word about Clause 28. The Master of the Rolls, Lord Evershed, said on 26th June—I quote from The Times Law Report of 27th June—in the context of Income Tax Schedule E:
"It shocks me—it really does. That is why Income Tax is a sort of game, a battle of ingenuity, unrelated to any principle or commonense or ethical considerations, and it is extremely bad for respect for the law. I can only plead that some time, some day those who instruct you—"
the learned judge was referring to my hon. and learned Friend the Member for Darwen (Mr. Fletcher-Cooke), who was appearing as a Silk for the Inland Revenue,—
"will pay regard to the prestige of the law and possibly the welfare of society. Originally Schedule E was confined to a very confined class but I do not see why the distinction should be continued."
Their Lordships, Lord Evershed and two other judges, thereupon dismissed the appeal of a bank manager to have his subscription to the Devonshire Club and the Royal Automobile Club paid by the Midland Bank. They dismissed the appeal and disallowed such a charge.

I am not commenting adversely on the judgment of their Lordships in any way. I am saying that it is grossly unfair that that appeal was dismissed, whereas I am allowed to charge my subscription to the Carlton Club against my Income Tax. [HoN. MEMBERS: "We do not."] I am greeted from all sides by my hon. Friends saying that they do not. I believe that I am the only Tory Member of Parliament who charges his Carlton Club subscription against his Income Tax—of course I am. My right hon. and learned Friend the Chancellor need not nod his disapproval at me. It is grossly unjust of course. I am saying to my right hon. and learned Friend that the truth is, in regard to Schedule E and Clause 28, that his provisions in this Bill relating to Income Tax generally are grossly inadequate to meet the muddled situation and the jungle which has been created in Income Tax law. It is so bad that hardly any layman can today understand the Income Tax law. It is so bad that we have that kind of derogatory statement made in respect of our legislators by a learned judge.

My right hon. and learned Friend, himself a distinguished lawyer at one time, will know exactly to what I am alluding in these matters. But I discern just a ray of hope from his concluding words when he presented his Budget—I shall harass him relentlessly in the next twelve months—

And I shall harass my hon. Friend about his subscription to the Carlton Club.

My right hon. and learned Friend threatens that he is going to harass me about my Carlton Club subscription. What a disgraceful thing with which to threaten a private Member of this House! After all, the Economic Secretary is a member of the Carlton Club, the Financial Secretary is a member also—

Yes, Mr. Speaker. I am endeavouring to relate my remarks to Clause 28. I will not continue in this vein.

I want to quote to my right hon. and learned Friend his own words in his Budget statement:
"I readily acknowledge that there is still much to be done in the reorganisation of indirect taxation, and in the increasing of incentives throughout the economy."—[OFFICIAL REPORT, 17th April, 1961; Vol. 638, c. 823.]
I hope that my right hon. and learned Friend will not confine his efforts to indirect taxation. He should apply himself along the lines of the recommendations made by the Income Tax Codification Committee, which sat for years under Lord Justice Macmillan in the 1930s. He should apply himself along those lines if he really wishes to give incentives for higher production and a reduction of the wastage of resources throughout the economy which result from this jungle of Income Tax law. In the ensuing twelve months my right hon. and learned Friend should apply himself to tax simplification and reform.

With those few words of criticism and with, broadly, words of commendation and support for my right hon. and learned Friend—he should not laugh at me when I support him. He cries when I attack him—

My right hon. and learned Friend's facial expressions are incomprehensible to me.

I support him broadly in his budgetary endeavours and hope that his objectives are gained. It will be a very delicate and difficult state of affairs this autumn if the trends in our balance of payments, if the trends in the inflationary situation to which I referred earlier, should continue. I wish my right hon. and learned Friend well with his budgetary proposals and I intend to support the Third Reading of this Bill.

7.28 p.m.

My right hon. and learned Friend has expressed three hopes for his present Finance Bill. He said that he believed it would be a disinflationary Measure. He hoped that it would cut personal consumption and that it would encourage saving. With all these objectives I find myself in agreement, but I am bound to say that I consider the psychology of my right hon. and learned Friend to be completely and absolutely incorrect. The speech of the hon. Lady the Member for Flint, East (Mrs. White) showed a greater appreciation of how human beings "tick" than was apparent from most of the speeches made by hon. Gentlemen opposite and by my hon. Friends.

I wish to say a word about Surtax. I do not complain about it at all. I am not involved and so I can speak quite freely. But I wonder whether it has occurred to my right hon. and learned Friend that when anyone obtains a windfall, whether it is from a reduction of the standard rate or by additional earnings or by a reduction in Surtax, on the whole, people tend to spend a little more? That is the way life works.

If I happen to get a little additional income from making a television appearance, giving a broadcast or writing an article, I think to myself, "I can spend a little more on a hat". That is the way the human being works. Although, of course, a great many people put additional personal revenue into savings of one form or another, to assume that by a reduction in Surtax personal consumption will be restrained is a most extraordinary assumption. I suggest that my right hon. and learned Friend might come one day and lunch or dine with the women Members of this House. They could give him a lot of instruction about what happens in matters of this kind.

In regard to personal savings, I think it would have been more helpful if my right hon. and learned Friend had given a little more incentive to small savers. National Savings committees have done remarkable work during the last year. I think they would have appreciated something coming from my right hon. and learned Friend through this Finance Bill to make their work a little easier as they go round collecting for the National Savings Movement week by week. It is no good Treasury Ministers riding above the world and not seeing what is going on underneath them. Without entering into any argument about it, because that would not be in order, I do not think that the ordinary personal investor is likely to be encouraged by what has happened in respect of war stock. That, I think, was the normal, ordinary reaction.

That may be, but I have some difficulty in relating it to the terms of the Finance Bill in the Third Reading debate.

A number of hon. Members have had one or two "goes" about that. I do not intend to pursue the subject, Mr. Speaker, but my right hon. and learned Friend opened the debate on Third Reading by saying that he hoped the Bill would encourage personal savings. Therefore, I do not think I should be out of order in saying that I do not think his interpretation was correct.

I wish to say something about the regulators. My right hon. and learned Friend nipped me up immediately—bit my head off, in other words—when I referred to the fact that if the second regulator were imposed throughout the country, particularly on local authorities, and if rates had to go up, it would further embarrass those living on small fixed incomes. My right hon. and learned Friend said that, after all, they are the employers. I wish to point out that if the regulator is meant to encourage economy within local authorities, taking them as a particular example, there is no differentiation made between the extravagant local authority and the good local authority.

In certain local authorities we are short of police, short of teachers, short of nurses and every kind of employee. We are frantically giving additional incentives by increased salaries to police, teachers, and nurses to encourage people to come into those services. That in itself will mean a burden on local authorities. Yet, at the same time, we are saying that we may operate a regulator in order that they shall economise in the use of employees. I agree with what many hon. Members on both sides of the House have said, that this regulator has not been looked at adequately. I doubt very much whether any of the Treasury Ministers have got down to the task of finding out how such a thing would operate.

Another thing which I do not think has been mentioned in the debate is the question of part-time workers. In the present state of full employment in many parts of the country—although not in all parts of the count ry—part—time workers have been encouraged. It will be a great burden on industries which employ part-time workers if they have to meet this additional charge. I hope that my right hon. and learned Friend will not have to operate this regulator but that he will have time between now and the next Finance Bill to think out a better and more practical scheme.

I have noted with great interest that hon. Members representing Northern Ireland have managed to extract Northern Ireland from this provision. I think it extraordinarily unfair that my part of the country, to whose unemployment problems all members of the Government pay lip-service, is not to be treated in the same favourable way as Northern Ireland. I shall not pursue that subject, Mr. Speaker, because I suppose that. Northern Ireland having disappeared from the provisions of the Finance Bill, it would not be in order to refer to Northern Ireland, but I want to watch the interests of my part of the world which I do not think has been fairly treated.

I noticed that in his opening speech this afternoon my right hon. and learned Friend referred to the fact that Income Tax reliefs in respect of increased National Insurance contributions formed an expensive item. The amount is about £15 million. By a Question in the House I tried to get my right hon. and learned Friend to give me an answer about the difference in cost to someone who gets Income Tax relief in respect of a retirement pension and someone who does not get such relief. Needless to say, my right hon. and learned Friend transferred the Question to the Minister of National Insurance, although the object in putting the question was directly related to this additional burden of £15 million on the taxpayer. This matter does not apply only to those who are paying increased National Insurance contributions for retirement pensions. It applies also to National Health Service contributions and Industrial Injuries contributions. Those on lower incomes are paying more for these benefits than those on higher incomes. I take great exception to that.

When my Question was transferred I was surprised to find that the Minister of National Insurance could not read. I thought my Question was quite clear, but he failed to give me an answer. I have not the slightest reason for supposeing that the Ministry ever attempted to work out what the answer was. It would not be convenient if all the figures were presented to the country. Therefore, I challenge my right hon. and learned Friend. Ministers have been able to assess the loss to the Treasury caused by this Income Tax relief, which amounts to £15 million, so—unless it is a completely "phoney" figures, which I do not for a moment believe—they must have some idea of how it works out in an individual case.

I suggest as a challenge that my right hon. and learned Friend should give me a direct figure, supposing that the insurance contribution and income Tax reliefs remain the same as they are today. If I happen to sit in this House for a few more Finance Bills I shall not hold it up against him if anything goes wrong with the calculation, but I want the country to be told what is the difference in the actual amount of money which is paid by those who get the benefit of £18 a year Income Tax relief in respect of their National Insurance contributions and those who do not. I am pretty certain, though I am not much of a mathematician myself, that the country will be surprised if the figures cannot be produced. I hope that the Financial Secretary, if he is to wind up this debate, will meet the challenge and let me have the result.

I want to comment on the reply given by the Minister of Pensions and National Insurance. He said that it was not possible to give the cost of the contributions after allowing the Income Tax relief as the amount of such relief must vary from case to case. Of course, it must vary from case to case, but, at the same time, my right hon. and learned Friend could give an estimate of how much it would cost the Treasury. There must be some means of assessing the basis on which he arrives at his figure. I confidently look forward to receiving it, even if it has to be presented in a table, so that I can go on campaigning in the country once more in support of those living on small fixed incomes and a lower standard of living than the people who get Income Tax and Surtax reliefs.

I have one other point and that is this. [HON. MEMBERS: "Oh."] I have listened to everyone's speech today, and I wish to make my point. If hon. and right hon. Gentlemen opposite groan, may I say that I could talk for a couple of hours without ceasing. I am not in the least likely to do so, because I want to make only one other point.

My right hon. and learned Friend referred to two concessions for which we are very grateful—relief to parsonages and relief to victims of Nazi aggression. He omitted to say that there was one other little relief which was also included in the Budget. I know very well why he did not. His psychology operates for some things but not for everything. Presumably, he did not think that it was a good idea to mention the fact that there has been a slight increase—I think it is £10—in the rate of dependants' allowances. That is one tiny little relief and we have never had any explanation why that relief was selected. I am very grateful for it, but I would point out that a great many people have no relatives on whom they can depend. These people are struggling, and not a single one of them is getting a crumb out of the Finance Bill.

The hon. Lady is complaining about something that is not in the Bill and which she thinks ought to be in it, and that must be out of order.

I was talking about the crumb that is in the Bill. The crumb in the Bill is far too small a crumb and it might help one or two people if it could be extended into a cake. Therefore, I urge my right hon. and learned Friend to give us a few more crumbs.

I end with this one appeal. I hope that the Financial Secretary will say something about this on behalf of his right hon. and learned Friend, because his right hon. and learned Friend seems to have given all sorts of pledges to all sorts of people with regard to big business. I am slightly tired of big business. I can never get any support for the big business that I am interested in—shipbuilding, shipping, dry docks, fishing and all the rest of it. Most of the concessions seem to go to horticulturists and a few other people like that. All that I want is an assurance from the Financial Secretary that all these allowances, which are so inadequately and badly phrased, and badly thought out, will be looked at again.

A rumour has reached me that my right hon. and learned Friend has started an inquiry, but I should feel a little more satisfied if I thought that the whole of the inquiry was not being carried out by the Treasury. I think that the Treasury lives in a world of its own. I want to know whether during the course of the inquiry—

This does not come within the Third Reading of the Bill.

I agree, Mr. Deputy-Speaker, but a lot of the speeches of hon. Members have been very wide while you have been out of the Chair.

I shall set an example because I am coming to my peroration. It would be a pity to destroy the form of that peroration, Mr. Deputy-Speaker, and I hope that you will allow me to say that I hope that my right hon. and learned Friend and my hon. Friend the Financial Secretary will be kind enough to ask advice from people who have had experience of life below the level of Treasury life. Treasury life is too much removed from what goes on in the world. A great many people would be only too delighted to give the benefit of their advice which in the next Finance Bill would, I am sure, result in a much fairer and better future for those who live on small fixed incomes. I have not yet made up my mind whether I shall support my right hon. and learned Friend in the Lobby tonight. It all depends on what the Financial Secretary says about this matter when he replies.

7.49 p.m.

We come to the closing speeches in the long debates which we have had on this Bill. It seems a long time since Budget day on 17th April, and it probably seems longer to the Chancellor than it does to the rest of us in the House. The right hon. and learned Gentleman will be relieved that the hon. Lady the Member for Tynemouth (Dame Irene Ward) did not carry out her threat to go on scolding him for another couple of hours. Her speech was, as usual, highly critical of the Government, and it is one of the extraordinary things about the debates on this Bill that so little support has been given to the Government. Most hon. Members who have spoken from the other side of the House today have been critical of one or other of the proposals in this Bill.

I am sure that the House was glad to hear the intervention of the noble Lord the Member for Dorset, South (Viscount Hinchingbrooke), who told us that this was his twenty-first Budget anniversary. We shall agree that throughout that time he has lost nothing of his rigid integrity and nothing of his eighteenth century ideas on economics and finance. He adopted an attitude of lofty disdain for our proceedings on the Finance Bill; with well-starched eloquence he almost said that we were wasting our time on the trivia of financial business and that much which we discussed had nothing to do with the great events of the nation and the world.

The noble Lord referred rather contemptuously to the glow of pride which we all feel when we obtain concessions from the Chancellor during the Budget debates. But we can rarely get big concessions; we have to be pleased with small ones. Moreover, we must bear in mind that even small concessions matter to a lot of people, and it would be a mistake to regard the whole of the debates on the Bill as confined to the broad sweep of economic needs and purposes. The Bill has another purpose. It deals with taxation in the round and it deals with taxation in the smallest detail. Some of the concessions which we sought earlier in the debates, though small, would have been very welcome indeed to considerable sections of the community.

The noble Lord made scathing references to the volume of Government expenditure and roundly condemned the Government for continuing expenditure at its present level. But he and other hon. Members who constantly refer to the present level of Government expenditure rarely say anything about the weight of defence expenditure and the weight of expenditure on education and social welfare, because they know that this is built into our present national and social requirements. The one which we should like to get rid of, and which we hope soon to get rid of, is the crippling burden of defence expenditure. Once we have done that, it may be possible not only to reduce taxation but to extend our social services.

The hon. Member for Louth (Sir C. Osborne), who had a very rough time this afternoon with his hon. Friends, certainly made a very pessimistic appraisal of our economic position, but if to be pessimistic is an error, to be unduly complacent is a more grievous error. I think some hon. Members opposite were more disturbed about the contrast between the Government's statements at the time of the election and the hon. Member's speech than they were disapproving of the contents of the speech itself. But who has induced this feeling of comfort, ease, and well-being? The Prime Minister only the other day said that we were more prosperous than we had ever been. The Prime Minister seems to make the sweet music and to leave the Chancellor to strike the jarring notes. I think the hon. Member for Louth was right to strip the complacency off the political scene and to warn the country that we face difficult and possibly perilous times. It is against that background that we have to judge the Bill.

The Chancellor's worry, as expressed several times, is in the present trend in the economy—the slowing down of the rate of advance. He is right in saying that we cannot continue to prosper on stagnation. Britain is in trade, and that is what we must remember. Our living standards are bound to be in jeopardy unless we can find some way to make a sustained and continuous advance. On these benches, we are of the opinion that the Bill does not facilitate this continuous advance which is so necessary to our rising prosperity.

The Bill will certainly give the Chancellor all the revenue which he is likely to need this year—much more than enough. He is budgeting for £500 million surplus above the line, and that will be adequate, he thinks, to take some of the inflation out of the economy. He is also providing to meet most of the loans to nationalised industries and local authorities without borrowing. The Chancellor says that he still wants savings, but he has made his Budgetary requirements almost independent of them.

Over and above that, the Chancellor has provided in Clauses 9 and 30 for the two regulators which, if used, will bring additional revenue amounting to £400 million a year to the Exchequer, extracted from the coffers of industry and the pockets of the people. Presumably that is the basis upon which he justifies his description of this as a counter-inflationary Bill.

Apart from the major proposals in the Bill, to which I will come in a few moments, there are one or two Clauses which merit comment. The hon. Member for Kidderminster (Mr. Nabarro) referred to Clauses 23–26, which deal with expenses charged against Income Tax on a fairly narrow front. They deal only with the amount to be charged for the use of motor cars. The hon. Member for Kidderminster referred to the comments of Lord Evershed in a case in the Court of Appeal recently. There is no doubt that before long the Chancellor must consider what he can do to clear up the present mess of expenses chargeable against Income Tax under both Schedule E and Schedule D.

Some time soon, I am sure, many hon. Members opposite will be glad to hear from the hon. Member for Kidderminster how he managed to get his subscription to the Carlton Club allowed as a deduction from his taxable income. Either he charged it against his Parliamentary salary as wholly, necessarily and exclusively incurred in the performance of his office, or he charged it against his assessment of business profits as wholly laid out for the purpose of the trade. One day we should like to know which it is. Does he do all his business in the Carlton Club? He must not be surprised if his claim to charge this subscription as a tax deduction is subject to rather closer scrutiny in the future than in the past, although I agree with him that the problem of expenses needs attention. But I do not believe that the solution to the problem of expenses under Schedule E is to bring them into line with Schedule D. In my opinion, if we did that the sluice gates would be wide open, and the hon. Member's speech is proof of that.

I made no recommendations one way or the other. It would be inappropriate to do so on Third Reading of the Finance Bill. I brought out the unfairness of the situation. I was not boasting about the simple fact that the Inland Revenue have for many years allowed me to charge my Carlton Club subscription against income. They do so on grounds that I must have good political conversation—and that is the best place to have it. If my right hon. and learned Friend decides to change the law, I shall warmly support him. I quoted my own case against myself in order to illustrate a totally ridiculous situation. If I can charge my Carlton Club subscription, why cannot any trade union member charge his trade union contribution?

I doubt very much whether a search for good political conversation justifies a deduction from Income Tax either on the ground of necessity or on the ground that the expense is wholly laid out for the purpose of trade. However that may be, I do not want to digress on this matter any further, because the Bill deals only with one aspect of the wide range of problems connected with expenses. If the Chancellor thinks that my advice is of any value, it is that much rougher justice would be the best solution and would remove much of the disputation and argument from the relations between the taxpayer and the Revenue.

Clauses 28 and 29 are both welcome as safeguards to the Revenue. The main topics of debate today, however, and on earlier occasions have been the two regulators in Clauses 9 and 30 and the Surtax reliefs. I am sure that the House appreciates the dilemma which confronted the Chancellor in his desire to widen the range of his weapons to deal with difficulties with sterling or balance of payments or other evils which seem continually to beset us. He must realise that the two regulators are just as blunt in their operation as the ones he already has—namely, the Bank Rate, the credit squeeze and hire-purchase restrictions. The difference between them is probably that the two regulators will hit everybody, whereas the others are restrictive in their effect. Clauses 9 and 30 give the Chancellor a double-barrelled blunderbuss with which to pepper everybody with economic grape-shot. That is really what the Chancellor has got, and everybody will feel the effect of them if they come into operation.

If we are looking at this in terms of our future advance economically, I suggest that these, like the other measures which the Chancellor has to curb both consumption and wage increases, cannot be effective for very long. There is no doubt that Clause 9 is intended to curb consumption and Clause 30 is intended to discourage employers from giving wage increases to pay for higher prices. Clause 30 has long since ceased to pretend to be a regulator of the use of labour. It is purely and simply a revenue tax on the employer to disable him from conceding wage increases which are almost certain to follow higher prices following on Clause 9.

I warn the right hon. and learned Gentleman that the two regulators can be effective for only a short time until the tide of demand overtakes them. They are not a remedy for a stagnant economy. Curbing home demand does not of itself facilitate exports, unless there are goods to be exported which our overseas customers will buy which otherwise would be absorbed into the home market. Is there any evidence of failure to meet export demands at present owing to excessive home consumption? I doubt very much whether there is. So the regulators are a negative weapon. They are not a positive contribution to economic advance. They are put in the Bill in a spirit of pessimism and not in a spirit of hope for the future.

I come, finally, to the most grievous blemish in the Bill from our point of view, namely, the Surtax reliefs. It is these proposals which have decided my right hon. and hon. Friends to divide the House on Third Reading. We would have found the other proposals in the Bill tolerable enough to enable the Third Reading to go by without a Division, but we are still not able to swallow the Surtax reliefs, because we have not yet had any real justification for them. The Chancellor says that he believes that there is substantial disincentive because of the levels of taxation at present on higher earnings, but he must have some evidence for that contention if he is to base his decision upon it.

The Chancellor again gave us the league tables. I have never been able to understand what relevance the level of taxation of earned income in Western Germany, the United States of America and Italy has to the level of taxation in this country. Our business executives and directors are not in direct competition personally with their opposite numbers in other countries. They are not emigrating to Western Germany, the United States of America or Italy in numbers that would lend colour to the suggestion that our executives are at some disadvantage compared with their opposite numbers elsewhere. To examine this proposition more carefully we must look at the level of social insurance payments, the level of welfare services, and the provision of education, in this country as compared, for example, with the United States. It is a completely false comparison which the Chancellor and the Financial Secretary keep on making in part justification of the reductions in Surtax.

As my hon. Friend has referred to the challenge the Financial Secretary made in a speech of mine two days ago, would he agree that it is not right to compare American taxes with ours without also taking into account the capital gains tax?

Yes. We all appreciate that there are such differences in all sorts of ways as to invalidate the Chancellor's comparison. What the Chancellor is presumably doing is to put to the country and to the House the argument that, unless the Surtax payer is relieved now, the economy will not expand. That is a very bold proposition to put to the House and to the country. The right hon. and learned Gentleman is backing his judgment with £83 million of revenue and hedging the bet by putting 2½ per cent. on Profits Tax. His judgment rests on the flimsy foundations I have mentioned.

Delving into the explanations of businessmen on this matter, we find some very interesting theories. One put out by the National Union of Manufacturers is that with the present levels of taxation salaries of the top people have to be inflated out of all proportion in order to give them a net income after taxation which they feel is adequate reward for their services. We are now entitled to ask industry this question: if salaries have been inflated in the past because of the high level of Surtax, are they to be reduced now that Surtax is coming down? That is a natural corollary of that theory. If in the past businessmen have had to take much more in terms of gross remuneration than the job is worth in order to take account of the ravages of taxation, now that Surtax is being reduced by anything up to £1,250 a year for people on £10,000 a year, the level of remuneration for Britain's top brass can be reconsidered in the light of these changes. We have not been convinced that there is justification for these reliefs, even if they are postponed for twelve months. In fact, I think that there is probably more objection to a promissory note for Surtax payers on the national economy than there is to giving it to them now. This promissory note will be a serious drain on our resources in several years from now.

Looking at the substantial relief that has been given in this direction and also at the impositions that are being made on the great masses of the public and the threat to extract from their purses what little purchasing power remains to them after they have paid for their essentials of life, my hon. Friends and I feel that we cannot assent even to the Third Reading of this Bill.

8.12 p.m.

The House may be relieved to know that I have to sit on this Bench for the business which follows this Bill and for the business after that, so that I have as strong an interest as any hon. Member in the proceedings of this Bill being carried to an early conclusion. I hope, therefore, that the House will forgive me if I am briefer than is customary on this occasion.

I do not want to comment in detail on many of the speeches that have been made today although I must say a word about the speech made by my hon. Friend the Member for Louth (Sir C. Osborne). I think that my hon. Friend was too determined to be gloomy about our present situation. Among the many statistics and figures which he quoted, there is one—and I will not develop this point but merely refer to it—which would urge my hon. Friend not to forget: during the last two years we have seen a substantial increase in the proportion of our national income going to investment. In those circumstances, it is inevitable that we should have short-term difficulties with our balance of payments and, furthermore, a fairly rapid upsurge in consumer spending as well. Therefore, I advise my hon. Friend to look at all the figures and perhaps to realise that not every aspect is quite as gloomy as he suggested.

One feature of all these debates since April has been that not many hon. Members on either side of the House have qustioned my right hon. and learned Friend's Budget judgment for this year. There have been few criticisms of the Chancellor's prospective revenue surplus or of the small overall borrowing requirement. I remind hon. Members of what the Chancellor said this afternoon; that there is no doubt that the large prospective surplus and the large prospective increase in direct taxation will exert a definite disinflationary tendency. The Chancellor pointed out that the yield of direct taxation went up by over £90 million in the first quarter of the current financial year as compared with the first quarter of the last financial year, and I have no doubt that this surplus will make an increasing impact as the year goes on.

A point which has been very much in the minds of hon. Members is the decision of the Chancellor to take powers for his two regulators. I do not see how there can be any doubt that, in principle, these regulators are needed. We all realise the need to have a balance in our economy between our productive resources and the demands made on them, and we also realise that a mainly free enterprise economy does not automatically steer itself into equilibrium. No hon. Member on either side has ever pretended that it did.

Furthermore, hon. Members should realise that there is no painless way of achieving this equilibrium. We must curtail or limit purchasing power, and we have seen, perhaps more clearly during the last few years, the limits of monetary policy. I do not agree with all the criticism that has been made by hon. Gentlemen opposite of monetary policy, but I appreciate that perhaps, by experience, we have seen its limits. We have seen the operation of hire-purchase controls and how they particularly affect a small section of the economy. Above all, it is common ground in the House that capital investment is extremely important to our future, both from the point of view of exports and from the point of view of strengthening our capacity to increase living standards at home. This demonstrates the need for flexible instruments which will influence consumer spending.

I do not wish to weary the House by making long quotations or giving a great number of figures, but one sensible passage is to be found in a memorandum of evidence submitted to the Radcliffe Committee, an interesting and important memorandum submitted by three economists, Messrs. Little, Neild and Ross. It states:
"…Any Government which takes action to reduce the level of consumers' demand is liable to be unpopular, and its measures are bound to be controversial. But the public—and the Government—must learn to accept that variations in taxation—upwards and downwards—are a necessary and important element in the control of economic fluctuations…"
Those are wise words and I think that the Chancellor's Budget, with his proposals for these regulators, shows clearly that my right hon. and learned Friend sees the strength of that argument.

I do not propose to speak at length tonight about either the first or the second of these regulators. I think that there has been fairly widespread agreement with regard to the first. To those hon. Members who think that any proposal for ever putting up indirect taxation must be wrong, I would say that, first of all, we must realise that the problem of excess demand is not identical with the problem of rising prices. So long as we have excess demand in our economy, then not merely wage costs will rise, but we will get into difficulties with our balance of payments and difficulties over excessive demands for labour as well.

Secondly, I thought that the hon. Member for Grimsby (Mr. Crosland), in an interesting speech on this Clause, made a valuable point when he reminded the House of how important it was to have regulators that acted quickly. He pointed out that the whole purpose of having such a regulator was its ability to bite quickly, and the hon. Gentleman was justified in questioning whether a direct tax regulator could bite as quickly as could an indirect tax regulator.

Thirdly, whatever anyone may say, my view is that most of us are more ready to undertake spending commitments when taxation is falling than when it is rising. These regulators, if put into practice, will have a fairly sharp effect on demand.

On the constitutional point that has been raised, of course we must have a full Ways and Means procedure and a Finance Bill going through all its stages when we bring in new items of taxation or when we introduce measures which affect substantially the distribution of the national income. None of us complains when we have to debate them for a good many hours, just as I make no complaint about the long debates we had about earlier Bills which affected the distribution of the national income. I urge hon. Members to realise that it is wrong that the Chancellor should not have some flexible means at his disposal of influencing the general level of purchasing power in such a way as not substantially to influence the distribution of the national income.

With regard to Surtax, having listened to most of the arguments throughout these debates I am sure that I speak for all of my hon. and right hon. Friends in saying that we are still impenitent about these proposals, and that it is absolutely right that they should have been included in the Bill. A great many hon. Members have talked about these proposals and their impact on wage restraint. That argument, in so far as it has any validity, could have been used at any time during the last ten years. It is true, in any year since the war, that if wages had risen faster than the value of our products the net effect must be a slower rate of economic growth and a lower rate of economic prosperity than we could otherwise achieve.

It is absolutely untrue to say—as hon. Gentlemen opposite have said—that the Surtax reliefs are being paid for out of Health Service charges or contributions. They are, in fact, being financed overwhelmingly out of Profits Tax, the increased Profits Tax imposed last year and the further increase this year. I do not believe, even with these increases in Profits Tax, that our rate of industrial taxation is seriously out of line with the rates of industrial taxation of our chief business competitors. Hon. Members should remember that against these increases in Profits Tax business has gained from the 9d. reduction in the standard rate in 1959.

At the same time, I believe, for reasons that have been explained often in these debates, and before this Bill, that the rate of personal taxation of executives was out of line with the rates of very many of our chief competitors. I shall not quote again those figures that I have quoted, and so have others of my hon. Friends, but I think that they proved their point; that undoubtedly there was a range of taxation in which our tax rates were seriously out of line.

In answer to hon. Members opposite, I should be prepared to justify these proposals both on grounds of incentive and of social justice. On the one hand, I just do not believe that it can be maintained that our high rates of taxation have no effect on the competitive edge of British industry abroad. Equally, I hold to what I said in the Budget debate—that social justice consists of treating everyone fairly in whatever position of society he may find himself, and there is nothing in the least degree just about penal rates of taxation on people of extra ability.

Finally, I absolutely reject the idea that this is in any way a "class" Budget", or that my right hon. Friends have followed a "class" policy. When we look at what has been achieved since 1951 in the way of tax allowances, the increase in the single person's allowance, the increase in the married man's allowance; when we look at the reduction in the standard and reduced rates, and at what we have done for those on small fixed incomes, and when we remember that we now have three or four times as many families with incomes of between £500 and £1,000 a year, I do not believe that idea for one moment.

It is because I believe that we have, over the years, followed a national policy, and that this is a Budget that can be justified on the widest lines, that I ask my hon. and right hon. Friends to approve this Bill this evening.

Division No. 244.]

AYES

[8.22 p.m.

Aitken, W. T.Emery, PeterLancaster, Col. C. G.
Allan, Robert (Paddington, S.)Errington, Sir EricLangford-Holt, J.
Allason, JamesErroll, Rt. Hon. F. J.Leather, E. H.C.
Arbuthnot, JohnFarey-Jones, F. W.Leavey, J. A.
Ashton, Sir HubertFarr, JohnLeburn, Gilmour
Atkins, HumphreyFinlay, GraemeLegge-Bourke, Sir Harry
Balniel, LordFisher, NigelLewis, Kenneth (Rutland)
Barber, AnthonyFletcher-Cooke, CharlesLilley, F. J. P.
Barlow, Sir JohnFoster, JohnLindsay, Martin
Barter, JohnFraser, Hn. Hugh (Stafford & Stone)Linstead, Sir Hugh
Batsford, BrianFraser, Ian (Plymouth, Sutton)Litchfield, Capt. John
Baxter, Sir Beverley (Southgate)Freeth, DenzilLloyd, Rt. Hn. Geoffrey(Sut'nC'crfield)
Beamish, Col. Sir TuftonGalbraith, Hon. T. G. D.Lloyd, Rt. Hon. Selwyn (Wirral)
Bell, RonaldGammans, LadyLongbottom, Charles
Bennett, F. M. (Torquay)Gardner, EdwardLangden, Gilbert
Berkeley, HumphryGibson-Watt, DavidLoveys, Walter H.
Bevins, Rt. Hon. ReginaldGlover, Sir DouglasLucas, Sir Jocelyn
Bidgood, John C.Glyn, Dr. Alan (Clapham)Lucas-Tooth, Sir Hugh
Biggs-Davison, JohnGtyn, Sir Richard (Dorset, N.)McAdden, Stephen
Bingham, R. M.Godber, J. B.McLaughlin, Mrs. Patricia
Bishop, F. P.Goodhew, VictorMaclay, Rt. Hon. John
Black, Sir CyrilGower, RaymondMaclean, SirFitzroy(Bute&N.Ayrs.)
Bossom, CliveGrant, Rt. Hon. WilliamMcLean, Nell (Inverness)
Bourne-Arton, A.Green, AlanMacLeod, John (Ross & Cromarty)
Box, DonaldGresham Cooke, R.McMaster, Stanley R.
Boyd-Carpenter, Rt. Hon. JohnGrimston, Sir RobertMacmillan, Rt. Hn. Harold(Bromtey)
Boyle, Sir EdwardGrosvenor, Lt.-Col. R. G.Macmillan, Maurice (Halifax)
Braine, BernardGurden, HaroldMacpherson, Niall (Dumfries)
Brawls, JohnHall, John (Wycombe)Maddan, Martin
Bromley-Davenport,Lt.-Col.Sir WalterHamilton, Michael (Wellingborough)Maginnis, John E.
Brooke, Rt. Hon. HenryHarris, Frederic (Croydon, N.W.)Maltland, Sir John
Brooman-White, R.Harris, Reader (Heston)Markham, Major Sir Frank
Brown, Alan (Tottenham)Harrison, Brian (Maldon)Marlowe, Anthony
Browne, Percy (Torrington)Harvey, Sir Arthur Vere (Macclesf'd)Marples, Rt. Hon. Ernest
Bryan, PaulHarvey, John (Walthamstow, E.)Marshall, Douglas
Buck, AntonyHarvie Anderson, MissMarten, Neil
Bullard, DenyeHastings, StephenMatthews, Gordon (Meriden)
Bullus, Wing Commander EricHay, JohnMaudling, Rt. Hon. Reginald
Burden, F. A.Heald, Rt. Hon. Sir LionelMawby, Ray
Butler, Rt. Hn. R. A. (Saffron Walden)Henderson, John (Cathcart)Maxwell-Hyslop, R. J.
Campbell, Gordon (Moray & Nairn)Henderson-Stewart, Sir JamesMaydon, Lt.-Cmdr. S. L. C.
Carr, Compton (Barons Court)Hendry, ForbesMills, Stratton
Carr, Robert (Mitcham)Hicks Beach, Maj. W.Montgomery, Fergus
Cary, Sir RobertHiley, JosephMore, Jasper (Ludlow)
Channon, H. P. G.Hill, Dr. Rt. Hon. Charles (Luton)Morgan, William
Chataway, ChristopherHill, J. E. B. (S. Norfolk)Morrison, John
Chichester-Clark, R.Hinchingbrooke, ViscountMott-Radclyffe, Sir Charles
Clark, Henry (Antrim, N.)Hirst, GeoffreyNabarro, Gerald
Clark, William (Nottingham, S.)Hobson, JohnNicholls, Sir Harmar
Clarke, Brig. Terence (Portsmth, W.)Hocking, Philip N.Noble, Michael
Cleaver, LeonardHolland, PhilipNugent, Sir Richard
Cole, NormanHollingworth, JohnOakshott, Sir Hendrie
Cooper, A. E.Hope, Rt. Hon. Lord JohnOrr-Ewing, C. Ian
Cordeaux, Lt.-Col. J. K.Hopkins, AlanOsborn, John (Hallam)
Cordle, JohnHornby, R. P.Osborne, Sir Cyril (Louth)
Corfield, F. V.Hornsby-Smith, Rt. Hon. PatriciaPage, John (Harrow, West)
Costain, A. P.Howard, John (Southampton, Test)Page, Graham (Crosby)
Courtney, Cdr. AnthonyHughes Hallett, Vice-Admiral JohnPannell, Norman (Kirkdale)
Craddock, Sir BeresfordHughes-Young, MichaelPartridge, E.
Critchley, JulianHulbert, Sir NormanPearson, Frank (Clitheroe)
Crowder, F. P.Hutchison, Michael ClarkPeel, John
Cunningham, KnoxIremonger, T. L.Perclval, Ian
Curran, CharlesIrvine, Bryant Godman (Rye)Peyton, John
Currie, G. B. H.Jackson, JohnPickthorn, Sir Kenneth
Dalkeith, Earl ofJames, DavidPitman, sir James
Dance, JamesJenkins, Robert (Dulwich)Pitt, Miss Edith
d'Avigdor-Goldsmid, Sir HenryJohnson, Dr. Donald (Carlisle)Pott, Percivall
Deedes, W. F.Johnson, Eric (Blackley)Powell, Rt. Hon. J. Enoch
de Ferranti, BasilJohnson Smith, GeoffreyPrice, David (Eastleigh)
Donaldson, Cmdr. C. E. M.Jones, Rt. Hn. Aubrey (Hall Green)Price, H. A. (Lewisham, W.)
Doughty, CharlesJoseph, Sir KeithPrior, J. M. L.
Drayson, G. B.Kerans, Cdr. J. S.Prior-Palmer, Brig. Sir Otho
Duncan, Sir JamesKerby, Capt. HenryProfumo, Rt. Hon. John
Eden, JohnKerr, Sir HamiltonProudfoot, Wilfred
Elliot, Capt. Walter (Carshalton)Kitson, TimothyPym, Francis
Elliott, R. W.(Nwcstle-upon-Tyne,N.)Lagden, GodfreyQuennell, Miss J. M.

Question put, That the Bill be now read the Third time:—

The House divided: Ayes 293, Noes 206.

Redmayne Rt. Hon, MartinStevens, GeoffreyVosper, Rt, Hon. Dennis
Rees-Davies, W. R.Stoddart-Scott, Col. Sir MalcolmWakefield, Sir Wavell (St. M'lebone)
Ronton, DavidStorey, Sir SamuelWalder, David
Ridley, Hon. NicholasStudholme, Sir HenryWalker, Peter
Ridsdale, JulianSummers, Sir Spencer (Aylesbury)Walker-Smith, Rt. Hon. Sir Derek
Rippon, GeoffreySumner, Donald (Orpington)Wall, Patrick
Roberts, Sir Peter (Heeley)Talbot, John E.Watkinson, Rt. Hon. Harold
Robinson, Sir Roland (Blackpool, S.)Tapsell, PeterWebster, David
Robson Brown, Sir WilliamTaylor, Sir Charles (Eastbourne)Wells, John (Maidstone)
Rodgers, John (Sevenoaks)Taylor, Edwin (Bolton, E.)Whitelaw, William
Roots, WilliamTeeling, WilliamWilliams, Paul (Sunderland, S.)
Ropner, Col. Sir LeonardTemple, John M.Wills, Sir Gerald (Bridgwater)
Royle, Anthony (Richmond, Surrey)Thatcher, Mrs. MargaretWilson, Geoffrey (Truro)
Russell, RonaldThomas, Leslie (Canterbury)Wise, A. R.
Scott-Hopkins, JamesThomas, Peter (Conway)Wood, Rt. Hon. Richard
Seymour, LeslieThompson, Richard (Croydon, S.)Woodhouse, C. M.
Shaw, M.Thornton-Kemsley, Sir ColinWoodnutt, Mark
Shepherd, WilliamTurner, ColinWoollam, John
Simon, Rt, Hon. Sir JocelynTurton, Rt. Hon. R. H.Worsley, Marcus
Skeet, T. H. H.van Straubenzee, W. R.
Smith, Dudley (Br"ntf'rd & Chiswick)Vane, W. M. F.TELLERS FOR THE AYES:
Spearman, Sir AlexanderVaughan-Morgan, Rt. Hon. Sir JohnMr. E. Wakefield and
Speir, RobertVickers, Miss JoanSir H. Harrison.

NOES

Abse, LeoGunter, RayMellish, R. J.
Ainsley, WilliamHall, Rt. Hn. Glenvil (Colne Valley)Mendelson, J. J.
Albu, AustenHamilton, William (West Fife)Milne, Edward J.
Allen, Scholefield (Crewe)Hannan, WilliamMitchison, G. R.
Bacon, Miss AliceHart, Mrs. JudithMonslow, Walter
Baird, JohnHayman, F. H.Moody, A. S.
Bence, CyrilHealey, DenisMorris, John
Benson, Sir GeorgeHill, J. (Midlothian)Mort, D. L.
Blyton, WilliamHilton, A. V.Moyle, Arthur
Boardman, H.Holman, PercyMulley, Frederick
Bowden, Herbert, w. (Leics, S.W.)Houghton, DouglasNoel-Baker, Rt. Hn. Philip(Derby, S.)
Bowles, FrankHowell, Charles A. (Perry Barr)Oliver, G. H.
Boyden, JamesHowell, Denis (Small Heath)Oram, A. E.
Brockway, A. FennerHoy, James H.Oswald, Thomas
Broughton, Dr. A. D. D.Hughes, Emrys (S. Ayrshire)Owen, Will
Brown, Rt. Hon. George (Belper)Hughes, Hector (Aberdeen, N.)Padley, W. E.
Butler, Herbert (Hackney, C.)Hunter, A. E.Paget, R. T.
Butler, Mrs. Joyce (Wood Green)Hynd, H. (Accrington)Pannell, Charles (Leeds, W.)
Castle, Mrs. BarbaraIrvine, A. J. (Edge Hill)Parker, John
Chapman, DonaldIrving, Sydney (Dartford)Parkin, B. T.
Chetwynd, GeorgeJanner, Sir BarnettPavitt, Laurence
Cliffe, MichaelJay, Rt. Hon. DouglasPeart, Frederick
Collick, PercyJeger, GeorgePentland, Norman
Corbet, Mrs. FredaJenkins, Roy (Stechford)Plummer, Sir Leslie
Craddock, George (Bradford, S.)Johnson, Carol (Lewisham, S.)Prentice, R. E.
Crosland, AnthonyJones, Rt. Hn. A. Creech(Wakefield)Price, J. T. (Westhoughton)
Crossman, R. H. S.Jones, Dan (Burnley)Probert, Arthur
Cullen, Mrs. AliceJones, Elwyn (West Ham, S.)Proctor, W. T.
Darling, GeorgeJones, Jack (Rotherham)Pursey, Cmdr. Harry
Davies, G. Elfed (Rhondda, E.)Jones, J. Idwal (Wrexham)Randall, Harry
Davies, Harold (Leek)Jones, T. W. (Merioneth)Rankin, John
Davies, Ifor (Gower)Kelley, RichardRedhead, E. C.
Deer, GeorgeKenyon, CliffordReid, William
Delargy, HughKey, Rt. Hon. C. W.Reynolds, G. W.
Diamond, JohnKing, Dr. HoraceRhodes, H.
Dodds, NormanLawson, GeorgeRoberts, Albert (Normanton)
Donnelly, DesmondLedger, RonRobertson, John (Paisley)
Driberg, TomLee, Frederick (Newton)Robinson, Kenneth (St. Pancras, N.)
Dugdale, Rt. Hon, JohnLee, Miss Jennie (Cannock)Roes, William
Ede, Rt. Hon. C.Lever, Harold (Cheetham)Royle, Charles (Salford, West)
Edelman, MauriceLever, L. M. (Ardwick)Short, Edward
Edwards, Rt. Hon. Ness (Caerphilly)Lewis, Arthur (West Ham, N.)Silverman, Julius (Aston)
Edwards, Walter (Stepney)Lipton, MarcusSilverman, Sydney (Nelson)
Evans, AlbertLoughlin, CharlesSkeffington, Arthur
Fitch, AlanMabon, Dr. J. DicksonSlater, Mrs. Harriet (Stoke, N.)
Fletcher, EricMcCann, JohnSlater, Joseph (Sedgefield)
Foot, Michael (Ebbw Vale)MacColl, JamesSmall, William
Forman, J. C.Mclnnes, JamesSmith, Ellis (Stoke, S.)
Fraser, Thomas (Hamilton)McKay, John (Wallsend)Snow, Julian
Gaitskell, Rt. Hon. HughMackie, John (Enfield, East)Sorensen, R. W.
Galpern, Sir MyerMcLeavy, FrankSoskice, Rt. Hon. Sir Frank
Ginsburg, DavidMacPherson, Malcolm (Stirling)Spriggs, Leslie
Gordon Walker, Rt. Hon, P. C.Mallalieu, E. L. (Brigg)Steele, Thomas
Gourlay, HarryMallalieu, J. P. W.(Huddersfield, E.)Stewart, Michael (Fulham)
Greenwood, AnthonyManuel, A.C.Stonehouse, John
Grey, CharlesMapp, CharlesStones, William
Griffiths, David (Rother Valley)Marquand, Rt. Hon. H. A.Strauss, Rt. Hon. G. R. (Vauxhall)
Griffiths, Rt. Hon. James (Llanelly)Marsh, RichardStress, Dr. Barnett(Stoke-on-Trent,C.)
Griffiths, W. (Exchange)Mayhew, ChristopherSwain, Thomas

Swingler, StephenWeitzman, DavidWilliams, W. T. (Warrington)
Taylor, Bernard (Mansfield)Wells, Percy (Faversham)Willis, E. G. (Edinburgh, E.)
Thomas, Iorwerth (Rhondda, W.)Wells, William (Walsall, N.)Wilson, Rt. Hon. Harold (Huyton)
Thompson, Dr, Alan (Dunfermline)White, Mrs. EireneWinter-bottom, R. E.
Thomson, G. M. (Dundee, E.)Whitloch, WilliamWoodbum, Rt. Hon. A.
Thornton, ErnestWigg, GeorgeWoof, Robert
Timmons, JohnWilcock, Group Capt. C. A. B.Yates, Victor (Ladywood)
Tomney, FrankWilley, Frederick
Wainwright, EdwinWilliams, D. J. (Neath)TELLERS FOR THE NOES:
Warbey, WilliamWilliams, LI. (Abertillery)Mr. J. Taylor and Mr. Cronin.
Watkins, TudorWiliams, W. R. (Openshaw)

Bill accordingly read the Third time and passed.

Crown Estate Bill

Considered in Committee.

[Major Sir WILLIAM ANSTRUTHER-GRAY in the Chair]

Clause 1—(Continuance Of Crown Estate Commissioners, And General Provisions As To Their Constitution And Functions)

8.30 p.m.

I beg to move, in page 2, line 15, to leave out "(4) The Commissioners shall" and to insert "and to".

I think it would be convenient to discuss with this Amendment the next two Amendments in the name of the hon. and learned Member for Kettering (Mr. Mitchison), that is to say, in page 2, line 15, to leave out from "directions" to "as" in line 16, and in page 2, line 18, to leave out from "State" to the end of line 22.

Yes, Sir William.

Subsection (3) lays down the general duty of the Commissioners which, broadly speaking, as it is throughout the Bill, is to behave as good Tory landlords. Subsection (4) allows directions to be given to the Commissioners, but only as to the discharge of their functions under the Bill. The object of these Amendments is to allow the appropriate Ministers to give directions to the Commissioners even apart from their duties as good Tory landlords.

We take the view that an estate of the size and public importance of this ought Go be run in a way appropriate to just a little more than being a good landlord, and there ought to be power in the appropriate responsible Ministers to direct the Commissioners to use parts of the estate for some good public purpose. We can each find our own instances. I remember at one time suggesting allotments—or was it small holdings for agriculture?—for part of it. Whatever the matter may be, the intention surely ought to be that the Government of the day, through the responsible Ministers, should be able to give general directions to the Crown Estate Commissioners.

I ought, perhaps, to explain to the Committee the way the Amendments would work within the terms of the Bill. Subsection (3) describes the general duty of the Commissioners
"to maintain and enhance its value and the return obtained from it, but with due regard to the requirements of good management."
As amended, it would go on to say:
"and to comply with such directions…as may be given to them in writing by the Chancellor of the Exchequer or the Secretary of State;"
The Amendment will have the incidental advantage of shortening by several lanes what is already a very long and dull Bill.

This Amendment raises a point which, though it is limited to the Crown Estate Bill, is really one of considerable substance. It is fair to remind the Committee that there was a Bill in 1956 which became the Crown Estate Act of that year, which raised a good many of these points. As they are being re-enacted in this Bill, I propose accordingly, speaking only for myself, to put the points, substantial though I conceive them to be, as shortly as possible, and, again speaking only for myself, not to attempt to divide the Committee on any of them, however important I may think they are.

The result of these Amendments would be to impose a double duty on the Commissioners. The first one would be to maintain the Crown Estate as an estate in land, and to maintain and enhance its value. The second one, which is of equal validity and force, would be to comply with directions given by the appropriate Minister.

As the hon. and learned Member for Kettering (Mr. Mitchison) said, this raises a point which was fully debated on, and determined by, the earlier Act. The point here really is that the Amendment would place a double and coincident duty on the Commissioners. In other words, the Minister would be able to give directions to the Commissioners to enter into transactions contrary to the duty to maintain the Crown Estate as an estate in land and to enhance its value. That is the only way in which it differs from the Bill as it stands at the moment.

Thus they would be able to use the Crown Estate as an instrument of Government policy, and that has two aspects. The first is the one determined on the earlier Act—whether it is right to use the Crown Estate as an instrument of Government policy. The hon. Member for Paddington, North (Mr. Parkin) gave the arguments for that course very fully on Second Reading, as indeed the hon. and learned Member for Kettering did more shortly. As to that, I would point out, first, that it was determined by Parliament in the earlier Act, and, secondly, that it would be entirely contrary to the recommendations of the Eve Committee, and therefore not acceptable.

However, I would point out another consideration, which I am sure the Committee would wish to have in mind. What we are concerned with here is not only the capital of the Crown Estate, which, of course, is surrendered into the hands of the Crown Estate Commissioners, but reverts to the Sovereign at the beginning of each new reign, and is then compounded. The revenues are surrendered, as the hon. and learned Gentleman pointed out on Second Reading, in return for the Civil List. While, at the beginning of each reign, we continue the arrangements that we have entered into for the last 200 years, the revenue is public revenue, and is part of the general revenue of the Executive.

Therefore, it is not right that it should be in the hands of the Executive to be used as instruments of Government policy in a way which is not capable of the same scrutiny by the Public Accounts Committee and, indeed, this House generally, as are the ordinary revenues which are used as specific instruments of Government policy in the Estimates, thereby being subject to the control of the House.

I emphasise that second point, because it is the more important one. I know that the Committee would not be very impressed by the fact that we should be reversing a decision of three years ago. Hon. Gentlemen opposite below the Gangway would obviously argue about it, and quite rightly, because we are entitled to do so and should do so. But, in effect, all the arguments of the Eve Committee were against this. In addition to that, it is not consistent with our traditional concept of Parliamentary control of the expenditure of the revenue of the Crown. For those reasons, I could not advise the Committee to accept the Amendment.

The Amendment of my hon. and learned Friend the Member for Kettering (Mr. Mitchison) would have improved this miserable Bill. I am very depressed to hear the Solicitor-General rejecting it. I am sorry now that I tabled an Amendment in my own name. If the Solicitor-General himself had tabled it, it would have been accepted.

In view of what the Solicitor-General said in his Second Reading speech, making reference to my own comment, he apparently believes—or somebody must have passed him a note to that effect—that the Crown Commissioners had in one case actually consulted the local planning authority. It would nat have hurt him.

I was hoping that the right hon. and learned Gentleman would have found time to explain a little more fully how he thought the Crown Commissioners ought to fulfil his duties. After all, he referred to the Eve Committee as if it had come down from the mountain with the tablets and the final word and as if the Government had accepted the lot. But the Eve Committee put quite bluntly and frankly its own difficulty, and asked that two duties should be written into the Statute. The first related to the management of the estate.

Secondly, in the light of general Government policy, it asked that these things should be put in the Statute. That is just what the right hon. and learned Gentleman has not done in the Bill. He has chosen to insert only the ordinary trusteeship duties which are inadequate, not only in my opinion but in the opinion of millions of people of all parties in the world. There is an increasing feeling that there is a problem here which has to be tackled on new ground. that it is a mistake to put large estates into the hands of trustees who are bound by certain rules and responsibilities to their trust, and to their trust alone, and that we must find a way of reintroducing the responsibility to the community.

I will not go over all that ground again, but I would remind the right hon. and learned Gentleman that there are seven pages of enactments to be repealed, and it is very tempting to quote some more of them. But many of them contain this ancient notion of stewardship and the ancient notion that the landowner is responsible for the people who live on the land as well as the exploitation of the land itself.

This is a backward step. This is not a Bill which is defending and consolidating ancient rights. These rights are not ancient, and they are not good they are modern developments of land holding and land administration. It is wrong that the Crown itself should now be loaded with this responsibility as though this was an ideal way of administering the property of the Crown.

8.45 p.m.

I do not find the Solicitor-General's arguments convincing when he says that, if the Commissioners follow the directions of the Government, this would be a way in which the Government would be expending public revenue without accountability to Parliament. After all, one could run through the sort of lecture one gives in this Chamber in the mornings, explaining how the British Constitution has evolved, how the Parliamentary system works, and how it alters every few years in the light of experience and if we can find in these cases other devices. But he has found no difficulty in accepting the fact that local authorities which own land can exploit it in various ways, from gran- diose schemes right down to letting a bit of beach to an ice-cream vendor. No one feels that that is something which should come under the intensive control of the Auditor-General or of the Minister of Housing and Local Government. The right hon. and learned Gentleman has been working that one too hard. I hope that before we leave the Amendment we shall have a little more robust reply from him on the subject of the relationship between the Crown Commissioners and planning authorities. It is not much that I am asking for.

It may not be much, but I think that what the hon. Gentleman is asking for is beyond the scope of this Amendment.

I suggest that it is not beyond the scope of this Amendment, because the Amendment asks that the directions should come from the Government. In the Bill, of course, but silently, the Government have followed the recommendation—a most startling recommendation—of the Eve Committee that the Minister to which the Commissioners should be responsible should not be a Minister who has anything to do with the land of the country. On no account were the Minister of Housing and Local Government or the Minister of Agriculture to be brought in. Thus, not only were these two Ministers left out but they were made to sign the Bill on the back to show that they did not mind being left out. On the other hand, it is inconceivable that this Amendment could mean anything but that the Ministers of the Government should through the appropriate channel—which, in this case, would be the Minister of Housing and Local Government—get in touch with the planning authorities and ask their advice about these matters.

The right hon. and learned Gentleman must not take this rather sterile view about rents and values and possible losses of revenue, because it might be that proper, comprehensive planning would enrich the community in such a way that the return to the Exchequer in other ways would far outweigh the little bit of revenue that might be lost if the Crown Commissioners were instructed to use a certain piece of land in the interests of the community, instead of holding out for the last halfpenny of rent or for whichever activity would produce the biggest rent.

It is fair to insist that the right hon. and learned Gentleman should say more about this before we leave this stage of the Bill. We should know whether he has it in mind to introduce, if not into the wording of the Bill at least into its working, this notice that the Crown Commissioners, if necessary through the Ministers of the Crown, should comply with the requirements of comprehensive planning and should not throw away, as the repeal of the enactments seems to suggest that they are instructed to do, the old responsibilities of stewardship which lay upon the Crown as the ultimate owner of all the land in the country.

The Solicitor-General is using a technical objection to obstruct the insertion of an important principle. He is arguing that because of a problem of Parliamentary accountability for Crown lands we are in some way inhibited or debarred from laying down principles which should govern the stewardship or management of Crown lands by the Crown Commissioners. I should have thought that that was not the case.

One thing which seems to emerge clearly from the Eve Report is that Parliament is responsible for laying down the principles on which the Crown Commissioners carry out their management. Incidentally, I hope that in the course of our deliberations we can make some criticisms of the Eve Report and that it will not be regarded as sacrosanct.

The question which arises is whether the principle to be laid down is that the pursuit of profit is always paramount, or whether other social considerations are to arise and be taken in account, either on an equal basis with considerations of profitability, or as matters of paramount importance. The question my hon. and learned Friend the Member for Kettering (Mr. Mitchison) has raised is whether the desirability of economic and social planning of the use of land and sometimes the social desirability of using land in a less profitable way are to be included as part of the terms of reference of the Crown Commission. It is obvious that they should.

Throughout the Bill there is a stink of commercialism. It is in every Clause, and what the Solicitor-General has been saying is that in all cases the only thing to be considered is the cash. That is what the Government are interested in as recipients of the cash, and that is why the Treasury is to be the controller and not Ministers who know anything about the use of land or have anything to do with it. Although those Ministers have their names on the back of the Bill, they have contracted out. It is the Treasury which will have a grip on the whole business, and it is the profit motive which will operate.

The Solicitor-General does not appear to appreciate that community welfare or public good should be considered by the Crown Commissioners. He uses the technical objection of the difficulty of Parliamentary accountability and refuses to lay down that some consideration of comprehensive planning of Crown lands might be desirable.

It is because of such considerations that an intelligent Government might give some directions to the Crown Commissioners. The Eve Committee recommended that the Crown Commissioners should not be subject to all the vagaries of Ministerial policy, and with the kind of Government we now have that is understandable. The Commissioners should not receive daily directions from different Ministers when those Ministers might try to push them around while they are trying to manage the Crown lands. But it was not the intention that there should not be directions about national policy on the use of land, national policy on agriculture, national policy on the promotion of parks for the benefit of the people, and national policy on seashores. It is obvious that the Crown Commissioners must take account of such national policy. It is obvious that they should receive directions from Ministers on such general national policies.

In spite of what the Solicitor-General said, I should have thought that it was obvious that in some cases such national policies ought to count for more than cash and the pursuit of the profit motive. The Solicitor-General does not agree. He is determined to elevate the profit motive above considerations of national policy of land use, social amenity, public welfare, and everything else. That is why we are being asked to reject the Amendments.

I hope that the Committee will violently disagree with this profit-making device of the Solicitor-General which will distort any intelligent and sensible policy for the use of Crown land, and accept these Amendments.

I support the Amendments because it seems eminently desirable that the Minister responsible in Scotland or in England or in Wales should be able to decide. In Scotland we have a Minister who is responsible not only for the Crown Commissioners, but, contrary to the generally expressed opinion that as such he should not be the Minister of Housing, or Planning, or Agriculture, he is the Minister for everything. He is our Scottish Pooh-Bah, and he ought to be able to give directions which would lead to the better use of these lands.

It is all very well for the Solicitor-General to say that there is no big money-grabbing aspect to this, but when I read the Annual Report for this year I find that in Scotland eight farms with vacant possession were re-let by tender, the rents being increased from £340 to £1,340. That is a steep increase in rent. It may be justifiable, but it seems to raise a number of questions about whether this is to be the policy, or whether we are to use the land in the best interests of the community.

Suppose that in Scotland the Secretary of State desired to establish a demonstration farm on Crown land in Caithness. Only this morning we were advocating that he should do this. Would the Crown Commissioners be able to say that from a financial point of view it would be better to feu this land as a sporting estate because one of the Tory Members of the House of Commons, or of another place, would be prepared to pay a substantial rent for a few months sport during the summer? It is likely that the rent which would be received for the property as a sporting estate would be very much more than the rent which could be expected from the Department of Agriculture.

Surely, in those circumstances, it is right that the Minister should be able to give a direction and say that he would like this land to be feued for the purpose of a demonstration farm? I cannot see anything wrong with that proposition. That is what the Amendments are seeking to do, and it therefore seems that there is a good case for accepting them.

I could quote other similar cases appertaining to Scotland, but I think that the case I have quoted makes my point sufficiently well for the Amendments to be accepted. Are we to have sporting estates, rather than something for the benefit of the community in the North of Scotland, and rather than trying to rehabilitate the Highlands and build up our agriculture? I am confident that the people of this country would prefer to see the latter course adopted. For that reason, I sincerely hope that the Government will think again about these Amendments.

9.0 p.m.

I can reply shortly to the two main points which have been raised in the debate. First, is it true—to use the words of the hon. Member for Newcastle-under-Lyme (Mr. Swingler)—that the pursuit of profit is always paramount under this Bill? He suggests that that is the duty imposed an the Commissioners. If the Committee will look at subsection (3) they will see that the duty is quite different. It is

"to maintain and enhance the value"—
of the Crown Estate—
"and the return obtained from it, but with due regard to the requirements of good management."
In other words, even though a greater profit might be made by what would be regarded as bad estate management, nevertheless the Commissioners have to have regard to the principles of good management in deciding their rental and sale policy.

Will the right hon. and learned Gentleman apply that argument to sporting estates?

Clause 3 (1) modifies the requirement to get the best consideration in the way of rental purchase price by its last phrase,

"having regard to all the circumstances of the case."
Furthermore, the terms of Clause 4 seem to me to respond exactly to the demand of the hon. Member for Paddington, North (Mr. Parkin), namely, that there should also be a responsibility to those who live on the land. It is an exaggeration to read Clause 3 as if it demanded the screwing out of the last penny that can be got from the use of the Crown Estate. That is not at all the way in which the Commissioners approach their responsibility.

The hon. Member for Paddington, North, echoed by the hon. Member for Newcastle-under-Lyme and the hon. Member for Edinburgh, East (Mr. Willis), have demanded that the Commissioners should be directed to use their powers, in derogation of the general duty imposed in subsection (3), to carry out specific Government policy. Is it really the job of the Commissioners of Crown Land to provide experimental farms? It is true that they represent the Crown, but they represent a particular manifestation of it, and their job is to manage the Crown Estate in the general way laid down in the subsection. They do not represent the Crown as the guardian of the interests of agriculture. If there is an experimental farm to be provided in Scotland, that is the job of my right hon. Friend the Secretary of State for Scotland. He will provide it wherever it is most appropriate. The hon. Member for Paddington, North—

I gather from the argument of the right hon. and learned Gentleman that the Crown Estate Commissioners have an obligation if in fact they consider that financially it is in the interests of the Crown estates to let that land, it may be for sporting purposes, rather than to feu it to the Department of Agriculture in Scotland at a reasonable feu despite that fact that we might desire the demonstration farm for which the land is to be feud rather than a sporting estate.

The practical way, I imagine, that such a problem would work out is that, having obtained authority from Parliament to establish an experimental farm, the Secretary of State would decide where it would be best established having regard to the general convenience and the rent that wasdemanded by all the competing landlords who would be willing to sell to him. Of course, one of those landlords would be the Crown Estate Commissioners.

I was going to expand the argument to the wider issue where it was put by the hon. Member for Paddington, North, namely, that the Crown Estate Commissioners should actively consider planning considerations. Again the Crown Estate Commissioners represent the Crown, but they do not represent the Crown as the guardian of the general interests of the community. That is the job of my right hon. Friend the Minister of Housing and Local Government. It is his job to see that planning considerations are paramount, as I pointed out during the Second Reading debate. What the Crown Estate Commissioners do, and what it is important that they should do, even though they are not bound by planning directions, is to cooperate closely, and as a matter of routine, with the local authorities. They plan their developments to fit in with the development plans.

The right hon. and learned Gentleman started by saying precisely that the Crown Commissioners cannot be charged with the duty to consider the interests of the community as a whole in that particular function. He went on to say that that was the jab of the Minister of Housing and Local Government. Then he said that the Crown Commissioners, "though not bound by planning considerations…" Is it really true that Crown lands are exempt from the planning consideration of, say, the county as a whole? It is a very startling statement. If the Commissioners are not so bound, they will not be instructed in this Bill to pay attention to the requirements of comprehensive planning and there is no direct link with the Minister. From what the right hon. and learned Gentleman has said, the Minister of Housing and Local Government will be impotent to enforce his requirements on them unless the Commissioners want to play.

This ought not to be very startling to the hon. Gentleman. I dealt with it specifically during my speech on Second Reading. Having made a forty-five minute speech, and more, himself, it is a pity that the hon. Gentleman did not wait to hear what I had to say in reply, though I can well understand—

The right hon. and learned Gentleman did say that he was not going to reply.

I said that I was not going to reply to his attractive invitation to discuss the theories of Henry George, as the hon. Member will remember. In fact, I did refer to the planning considerations the hon. Gentleman urged and what I pointed out, as is well known to the Committee, was that the Crown is not bound by the planning Acts and particularly by the Act of 1947. Those who build on Crown land are, but the Crown itself—and therefore the Estate Commissioners—is not. But in so far as there is a theoretical lacuna, it is met by the fact that the Crown Estate Commissioners—as indeed does every manifestation of the Crown—respond to and co-operate in development plans, so that their development does not run counter to planning considerations.

If I may return to the point raised by the hon. Member for Edinburgh, East, I have just been given information that one of the Crown farms on a Scottish estate is in fact let to the North of Scotland Agricultural College for use as an experimental farm. I hope that the Committee will be satisfied that the balance struck by this Bill is the right one and that the hon. Member will withdraw his Amendment.

I am not a bit satisfied with the reply of the Solicitor-General, which I believe makes the situation far worse. First, he said that the Crown Commissioners are in no way bound to pay attention to planning; they are not subject to the planning laws. Secondly, we find in the Bill no power in relation to the Crown Commissioners on behalf of the Minister of Housing and Local Government, who is responsible to the people of the country for planning.

The Solicitor-General assured us that the Crown Commissioners are very benevolent people who take all these things into account, but we as Parliament are supposed to be laying down terms of reference. The Solicitor-General is engaged in an exercise of resisting insertion in the Bill of any considerations about the economic, social or housing planning on the ground that the Crown Commissioners take all these things into account, although they are not subject to the planning law. He says that therefore this is entirely unnecessary.

I should have thought it would be a dereliction of duty on our part, having heard the Solicitor-General, not to insist that these matters should be inserted in the Bill. In spite of what he has said about references throughout this Bill to considerations other than cash nexus, he must recognise that in every Clause of the Bill there is emphasis on money considerations. He referred to Clause 3. All he referred to about general provisions relating to management by the Crown Commissioners is subject to:
"to be determined in such manner as, in their opinion, is calculated to secure to them the best consideration in money or money's worth which can at that date reasonably be obtained."
That is the theme of the Bill, the pursuit of profit whether in the use of land as grouse moors or raising rents. That is what we are asked to lay down as the burden on the Crown Commissioners. However paternalistic or benevolent they may be, we are asked to pass this Clause to lay upon them the duty at all points to pursue profit, raise rents and get the highest price for land in circumstances in which they are not subject to the laws of social or economic planning such as are passed by Parliament.

The very fact that the Crown is not subject to planning in any form should mean that the Minister of Housing and Local Government and whoever represents him in Scotland—I am not quite sure of the position there—should have additional power in relation to the Crown Commissioners about the beneficial use of this land. We should insist on writing into the terms of reference for the Crown Commissioners in this Bill that they should have most regard to the beneficial use for the community of this land and less regard to the pursuit of profit.

9.15 p.m.

Will the Solicitor-General have another look at this question in relation to Scotland and perhaps consult the Lord Advocate as to the real position? We are concerned about the actual words that appear here and now, and whether these will be the words that will discipline and tie the actions of the Crown Estate Commissioners.

It is all very well for the Solicitor-General to say, "We do not need to worry because already a Crown farm has been released to the North of Scotland Agricultural College." He is talking of something that we done in the past. It may be that if this Clause had been in existence at that time the Commissioners would not have been able to do it. We have not the facts and we do not know how long it is since this transaction was arranged. It may be that in the interpretation of this Clause they would not have been able to do it.

With all due respects to the learned Solicitor-General, he did not raise the point made by my hon. Friend the Member for Edinburgh, East (Mr. Willis). We do not know whether this Crown farm could have been let to some one who could afford a higher rent. We do not know what the terms are under which the North Scotland Agricultural College obtained it. The Commissioners might be duty-hound by this Measure to get rid the College as quickly as possible and get someone else who could pay a higher rent.

I speak subject to the Lord Advocate because this is a matter of Scottish law. As I read the Bill, the Commissioners should have due regard "to the requirements of good management", and that would imply a reasonable continuity and a reasonable relationship between landlord and tenant.

That would depend on how it has been granted and under what tenure it is held by the College. Is it a lease? If so, for how long? If it is a yearly lease, it may well be that the College is doomed in relation to this farm after the passing of this Bill. I doubt very much whether it is feu. Our objection is that we think that this Clause is far too tightly drawn and that we are placing the commercial criterion far too heavily on the Crown Commissioners. I hope that the Solicitor-General will look at it from that point of view.

Who is to interpret the words "good management"? It must be the Commissioners; but in what terms will they interpret them? It may well be in relation to the commercial aspects. That is borne out by the fact that even where the Ministers concerned are due to issue a direction in writing, before they do so they have to bear in mind this ques- tion of good management which has been laid upon them—the right "to maintain and enhance" and consult the Commissioners before they can issue the direction in writing.

The more we examine this, the more I think that the Crown Commissioners will be tied by business. It may well be that they are bound to give consideration to the short-term advantage rather than to the long-term advantage, which may be to the advantage of the Crown Estate. This concerns the whole history of the Crown Estate. If this Clause had been in existence when John Fordyce determined to take action in relation to Regent Street and Regents Park, I wonder whether he would have been able to do what he did to preserve the future development of that area and so enable us to discuss it tonight. He was a Scot. For a long time he had his office in a ruinous building in Scotland Yard.

I ask the Solicitor-General to look at this problem from this point of view. I ask him to consider the long-term commercial advantage, because he has failed to answer the questions put by my hon. Friend. If the Crown Estate Commissioners had the alternative offer, in respect of this piece of land, of a pilot farm or a sporting tenant and the latter was able to offer more, they would be duty-bound to take the offer of the sporting tenant, according to my reading of the provisions. The Commissioners own about 8.000 acres in Caithness. It may be that they would benefit, for instance, from the work of the pilot agricultural unit, which might enhance the value of their own estates, but apparently that consideration must be swept aside and they must judge on the purely commercial aspects of the two proposals.

The Amendment is very reasonable and sensible and merits much greater attention than it has had from the assembled multitude of Ministers concerned, legal or otherwise.

A great deal seems to turn on the words

"with due regard to the requirements of good management".
They are very important words. A few words like those can be extremely important in a Bill, and unless they are dealt with as the Bill goes through the House they can rise up like ghosts and haunt the House for years afterwards, as was the case with the words in the Nationalisation Acts which were passed in the first five years after the war stipulating that the nationalised body must make a profit "taking one year with another". How many hours have we spent trying to decide the exact meaning of those words?

In this Bill we have
"with due regard to the requirements of good management".
I listened to the Solicitor-General with great interest and respect, as I always do, but I should like to add a few words to what he said, I am afraid not entirely in agreement with him. I work in a property development company, and I therefore have some knowledge of what is meant by the words
"with due regard to the requirements of good management".
If the Crown Estate Commissioners were a private company or a public company registered under the Companies Acts, which I know they are not, their main consideration would be to get the best return for the owners of the company, who are the shareholders. In this case the owners, so to speak, are the Crown.

What is the yardstick of good management? I will put forward a point of view, and I hope that my right hon. and learned Friend will tell me whether I am wrong. When one is selling a property the yardstick of good management is to get the maximum price for it. I know of no other yardstick. When one is leasing a property the yardstick is the amount of money one gets for the lease and the strength of the covenant of the lessee.

May I pose a hypothetical case to my right hon. and learned Friend? It is not as hypothetical as hon. Members may think because it arose specifically in my company recently. What happens if there is a commercial building for letting in an area in which there is a shortage of such accommodation, and a dentist, who is giving service under the National Health Service, who cannot obtain accommodation anywhere else, and whose services are urgently needed, says that he wants 1,800 sq. ft. or 800 sq. ft., say, as office space, and another company, possibly a road haulage company or some other commercial concern, also wants that space? Under the terms of good management it is the duty of the property company to let it to the haulage concern. It is not under a duty to let it to the dentist, because the covenant of a company is always better than the covenant of an individual, unless the company is about to go into liquidation. Generally speaking, one lets to a continuing corporation rather than to an individual, who may die. That is good management from the property company's point of view and it would be good management from the point of view of the Crown Estate Commissioners.

It is not unreasonable to ask that words should be inserted in the Bill to impose on the Commissioners the duty to have regard to social and planning considerations. Perhaps it would not be so bad if the Commissioners were subject to the compulsory purchase order procedure. So far as I know, they are not. If it is the duty of the Commissioners to get the best return, they will get all sorts of people. I do not overlook the fact that today the Commissioners have among their tenants London's foremost gambling casino. I refer to the one in Hamilton Place. There is nothing wrong with that. It is run by a company and no doubt its covenant is good. No doubt it can afford to pay a very good rent. I do not suggest for one moment that some hard-up dentist wants to take the premises over, because they would be far too expensive.

It is Les Ambassadeurs. It is one which has been set up under the new legislation. It is perfectly legal. I happen to know that it is on Crown Estate property, because it always has been Crown Estate property. Before the war the building was occupied by a Member of Parliament.

These are important considerations. It is not unreasonable to ask that the Commissioners, when considering to whom they should let or sell, should have regard to considerations other than that of getting the maximum amount of money. That is the consideration quite clearly laid down in Clause 3 (1), which says that nothing is to be sold, let or otherwise disposed of
"except for the best consideration in money or money's worth which in their opinion can reasonably be obtained, having regard to all the circumstances of the case."
Perhaps the words
"having regard to all the circumstances of the case"
are some let out, but it still does not override the words in Clause 1 (3)
"with due regard to the requirements of good management."
This is very important from the point of view of property developers. I know they are not very popular, but they are doing a good job for post-war Britain. They very often do this job under tremendous difficulties. [Interruption.] Hon. Members can attempt to shout me down as much as they like, but their interruptions do not invalidate my point.

I ask hon. Members to consider what would happen if a comprehensive development is to be done in the centre of a town. It is a development which everybody in the Committee would agree is necessary, because the buildings are rat-infested and they should be pulled down and rebuilt. Under present procedure it is extremely difficult for anybody other than a local authority to get all the various interests together, because it is such a colossal task.

I think that the hon. Gentleman is tending to stray a little far from the Amendment.

On a point of order. If the area to be redeveloped were Crown land, it would come within the terms of the Amendment, would it not?

That is exactly the point I intended to make. I was going to suggest that it was a large area which needed redeveloping and that a portion of it was owned by the Crown Estate Commissioners. Would they be entitled to hold out indefinitely or be difficult? If a private owner is difficult, a compulsory purchase order can be made by a local authority. This cannot happen in the case of the Crown Estate Commissioners. If this body is to be lifted outside the normal procedure, it would be reasonable to insert words imposing on the Commissioners the duty to pay regard to social and planning considerations.

9.30 p.m.

I rise to ask only one question, but, first, I wish to say how privileged we are to have with us the right hon. Gentleman the Secretary of State for Scotland. I wish to put this question because I do not accept the reply which the Solicitor-General gave. The Solicitor-General said a great deal about the matter, but he did not, in fact, reply to the point I was making about the activities of the Crown Commissioners. Thus I now put the question to the Secretary of State, for he is the Minister of Agriculture for Scotland.

Let us assume that the Secretary of State has decided to establish a model farm in Glenlivet, which is Crown property, and let us suppose that he has decided that nowhere else would be suitable except on a Crown Estate. He, as the Secretary of State, might apply to the Crown Commissioners for a lease or a feu, or whatever it is, but, as the Secretary of State, he can give general directions to the Crown Commissioners. And this is the interesting thing; bearing in mind subsection (3), he can only give directions
"…with due regard to the requirements of good management."
Supposing the Crown Commissioners say to him, "You know, we have had a handsome offer from an American millionaire who likes to shoot red deer." Let us suppose that the Crown Commissioners say that that American gentleman wants to spend a couple of months each year in the Highlands in order to adorn his Kentucky home with a few head of deer. Such a gentleman might be prepared to pay a very high price for the land. This has happened in Scotland, and it is, in fact, one of the curses of Scotland.

In those circumstances, what is the position of the Secretary of State? I am sure that the right hon. Gentleman has given this matter a good deal of consideration and no doubt he has been duly advised by the Lord Advocate, which is one of the reasons why I am rather dubious about the information. What would the Secretary of State consider to be his duties with regard to the term
"…with due regard to the requirements of good management"?
We have had long discussions with the right hon. Gentleman about sporting estates and it is quite obvious that he places great faith in the defence of sporting rights. I see the right hon. Gentleman nodding his head, I think. Meanwhile, he has allowed crofters to pay thousands of pounds to keep the deer out, but not the landowner, who should keep the deer in.

I assume, therefore, that the right hon. Gentleman considers that a sporting estate for an American coming to Scotland would be administering this property
"… with due regard to the requirements of good management."
But what happens, meanwhile, to his poor model farm? What does the Secretary of State do in these circumstances? The Solicitor-General did not answer that question and our case is that it would be in the interests of Scotland to have the model farm—and if that means losing a few hundred pounds a year, we still should have it.

But this Bill says "No". The Bill says, in effect, that we shall have the American millionaire with his fifth or sixth wife, and probably her relations as well, and they—[Laughter.] I will not be tempted further—will duly shoot on the tenantry each summer. In these circumstances I do not think that hon. Members should accept this state of affairs. It would be wrong to accept it and the Government should consider this Amendment afresh.

I would only add that if the Financial Secretary should think of intervening this evening, I hope that he will not again retail that joke of his about what the noble Lord, Lord Boothby, said about the hon. Member for Edinburgh, East speaking in the Scottish Grand Committee. I say that only because the Lord Advocate has since then made a much better crack, and if the Financial Secretary wants to be up to date I hope that he will consult us, when we will tell him the new story so that he can tell it to us.

The Solicitor-General should be flattered by the interest he has aroused in this Committee by some of his stimulating ideas, and I only hope that he can find time to elaborate one of them a little further. He has only himself to blame for walking into the problem of landlord, tenant and good manage- ment—he started that one, not this side—and I was glad to hear his hon. Friend the Member for Heston and Isleworth (Mr. R. Harris) take him up on it.

We on this side have for a long time been struggling to cope with the obsession, not only of those who drew up this Bill, but of the Minister of Housing and Local Government and his advisers, with the idea that one could solve the problem of land if only decent people would behave themselves and come to a reasonable contract between landlord and tenant.

The Solicitor-General has again tonight used the phrase, "the relationship between landlord and tenant", but he leaves out of account the fact that the community also has to have a say in this. We must insist that the root of the weakness of this Bill, as of the land and housing policy of the Government is that, in all honesty and rectitude, they believe that it is only a matter of landlord and tenant being honourable and decent in a partnership of two when it is a partnership not of two but of three.

It is when the Solicitor-General begins to expand his views on the nature of the monarchy that I am fascinated and want to ask for more. There is this expression that the Crown Commissioners are not the Crown but a manifestation of the Crown. This is worth a book—this is the new pluralism—but is he not himself a manifestation of the Crown in his functions? He nods assent—that is splendid.

The right hon. and learned Gentleman instanced the Crown Commissioners in one of their duties refusing to sell land for a model farm and says that that is the business of the Secretary of State for Scotland. Apparently, the Secretary of State for Scotland has to ask other private land owners. I do not know what truth there is in this legend about all Scotland being occupied by sporting estates, shooting and the rest—is it true? Is it still going on—this eating of more and more properties?

The Solicitor-General has said that it is the duty of the Secretary of State for Scotland not to apply to the Crown Commissioners but to ask if someone will sell him a farm. Apparently he has to hike round Scotland, knocking at people's doors. When they ask who he is, he says, "I am a manifestation of the Crown. I should like to buy some of your land." They would lock him up. It is crazy. It does not make any sense at all. Or, if the people have been following this business, they will tell him, "Talk to one of your other manifestations, and see if you can fix it up between you."

We have to get a decision on this. The Crown Commissioners are not the Crown, but only a manifestation of the Crown. Then, suddenly, they are invested with all the sovereign rights of the Crown. They are exempted from the regulations about planning. At one moment they have all the rights of the Crown and, at another, none of the responsibility of the Crown. "The responsibility is on my right hon. Friend", says the Solicitor-General, but how can the right hon. Gentleman execute that responsibility if he has to go cap in hand to ask if someone will sell him a hit of land for a model farm?

This is all capable of leading to some very nasty conclusions about the object of the exercise. Is it intended that this Measure should add further pressure behind the inflation in land prices? That is exactly what the Secretary of State for Scotland will do. He will put up the prices all the way round. He will not get the land anyway; he will make a bid and he will be turned down. But the gentleman who will use the land for another purpose will simply pay a little more.

One manifestation of the Crown will be set against another. Where is my hon. Friend the Member for Erith and Crayford (Mr. Dodds)? We need a new Mock Auctions Bill. All the manifestations of the Crown will be bidding against one another for a piece of land which is theirs anyway. Please, may we have some more about this and, perhaps, a promise of a book from the right hon. and learned Solicitor-General when he has finished with this Bill? It is the most fascinating constitutional concept that I have heard for a long time.

My hon. Friends have seized with vigour, enthusiasm and picturesque fertility of imagination on the intention of the Clause. There was no such Section in the 1956 Act. I believe that this is the first time that the duty of the Crown Estate Commissioners has ever been defined. I do not think well of the Government for refusing to accept the Amendment. On the other hand, it is fair to say that, the Government being that Government, I never for one moment thought that they would.

The point is very simple. Are the Commissioners to act as landlords or are they to recognise any other public responsibility? Even more important than the fact that they own some rural land is the fact that most of their revenue, two-thirds of it, comes from urban property in London which includes three housing estates where they have adopted the policy of some landowners and, though I suppose they need not have done, applied the increases required by the Rent Act. I should regard a matter of that sort not as a matter which ought to be determined by the very limited cannons of good management and the like, on which the hon. Member for Heston and Isleworth (Mr. R. Harris) rightly and knowledgeably informed us, but as a matter of public policy under the direction of the responsible Ministers. It is the object of the Amendment to allow the responsible Ministers to give those directions irrespective of the very narrow words—for they are narrow words—which otherwise define the duty of the Commissioners.

The Government are entirely wrong. If they wanted a good argument, I could have given them a much better one, namely, that there is no authority in England at present which really deals with questions of the use of land, and the Chancellor of the Exchequer and the Secretary of State for Scotland are no real substitute for a proper body such as a Land Commission or something of the sort to deal with the use of public land of this kind.

I refer to "public" land. It is 200 years since the practice began of handing the Crown lands over to Parliament or the Executive—as one may like to put it—at the beginning of each reign. No constitutional monarch now could cease to do it whether or not the constitutional monarch got a Civil List in exchange. It was just about the same time that Queen Anne declined to sanction an Act passed by the House of Commons and the House of Lords. That is not done nowadays, and neither would the Crown Estates be treated as anything but what they are, public property.

The whole balance every year goes straight into the Exchequer. All that is happening here is that the Treasury is playing its old game of trying to make as much money as possible without due regard to public considerations and interests.

I shall not ask leave to withdraw the Amendment—not for worlds—but I shall not vote about it.

Amendment negatived.

9.45 p.m.

I beg to move, in page 2, line 30, to leave out "shall not", and to insert "may".

I think it will be for the convenience of the Committee if we discuss with this Amendment the next two in my name and the names of my hon. Friends—in line 33, leave out "nor shall", and insert "and", and in line 34, leave out "be concerned to", and insert "may". They are all designed to alter the meaning of this subsection.

As at present drawn, the subsection provides:
(5) The validity of transactions entered into by the Commissioners shall not be called in question on any suggestion of their not having acted in accordance with the provisions of this Act regulating the exercise of their powers, or of their having otherwise acted in excess of their authority, nor shall any person dealing with the Commissioners be concerned to inquire as to the extent of their authority or the observance of any restrictions on the exercise of their powers.
Our Amendment seeks to reverse the position, so that the validity of transactions entered into by the Commissioners can be questioned. It seeks to give people the power to inquire, and also to to enable the Commissioners to be challenged, within the limits of the subsection. We propose this because we are amazed at this provision which seems to us to be very far-reaching. As far as I can see, it raises the whole question of what the dickens we are considering this Bill for. Why should we spend hours and hours discussing and considering a Bill which sets forth the powers and duties of the Crown Estate Commissioners, and write into that Bill that if they pay no attention to what we think, nobody can question it? That seems to me to be beyond understanding. That is the position. Admittedly, I have put an extreme case, but that can be done under this subsection.

The Crown Estate Commissioners need not pay any attention to anything in the Bill, and, according to this subsection, nobody can question it. Is not that rather ridiculous and absurd? I should have thought that it was rather absurd, and that, in as much as the Commissioners are more or less acting as a Committee for the Government in the administration of these lands, they should be open to question in the same way as any other Government Department is open to be questioned and also challenged.

I appreciate the fact that the Commissioners are not exactly in the position of a Government Department. I appreciate the fact that the Eve Committee recommended that they should not be placed in that position, but it seems to me that their actions ought to be questioned. As I understand it, the Crown Commissioners can do anythink they like on their own land, and nobody can say a word to them. If they refuse to report to the House or to prepare accounts, nobody can question them. I want to ask whether the Chancellor of the Exchequer can question them if they refuse to prepare accounts and present them to him each year? Can the Comptroller and Auditor-General question them? I do not know, because the powers set out in this subsection seem to me to be so sweeping that if they did not do any of the things in this Bill, they could not be questioned.

The second point is that which I have mentioned already in passing. It is that my hon. Friends and myself believe that the Commissioners should be in a position to be challenged, if necessary, by any individual who is adversely affected by them if he thinks that they are acting outwith the powers given to them in this Bill. That seems to me to be a very humble request to make.

I think it was a Socialist Government that gave the citizen the right to take proceedings against Departments. It seems to me that here we are reversing the process. I deplore this, and I should like to see the process strengthened. It is much more democratic and much more in accordance with the spirit of the times in which we happen to be considering this Measure.

I think that I may be able to shorten the debate by indicating the actual scope of the subsection. It is not as far reaching as the hon. Member for Edinburgh, East (Mr. Willis) fears.

This is purely a conveyancing provision. It is not for the protection of the Crown Commissioners. It is for the protection of those who deal with them—their purchasers and tenants—and is, indeed, almost virtually and in substance a re-enactment of pre-existing law.

Under the pre-existing law the conveyances and so on had to be registered, but that was purely a piece of machinery. Once they were registered, their validity could not be called in question, in effect, by the Commissioners. The object is that someone dealing with the Commissioners, taking a contract, shall not have to ask whether what is done is within the powers of the Commissioners. The hon. and learned Member for Kettering (Mr. Mitchison) will bear me out that this is within the trend of all modern conveyancing legislation. It is very similar to what was done under the Settled Land Act, where what Parliament sought to do was to interpose a screen beyond which the purchaser, the lessee and so on need not look in the way of examining title. This provision does not say that transactions entered into by the Commissioners shall not be called in question. What is involved here is the validity of the transaction.

The hon. Member for Edinburgh, East said that an individual should be able to challenge the Commissioners if he is injured. I entirely agree. There is nothing here which will prevent his doing so. For example, if a tenant claims that the Commissioners are in breach of duty as landlord, he can challenge them in the courts in the ordinary way. This provision does not stop that.

Similarly, the duty to present accounts or to make a report under Clause 2 is not affected. To take an example of rather different scope, under Clause 4 (2): if, for example, the Commissioners made a voluntary payment which was not sanctioned by that Clause, it would not be protected by this Clause. It could be examined by the Comptroller and Auditor-General, it could be investigated by the Public Accounts Committee, and in the last resort, I suppose, it could be the subject of a surcharge on the Commissioners.

I hope that the hon. Gentleman will be satisfied with my explanation that this is virtually re-enactment—modernisation but re-enactment—of existing law, and that it is purely a conveyancing device for the protection of those dealing with the Commissioners.

In spite of the explanation given by the Solicitor-General, I can well understand why my hon. Friend the Member for Edinburgh, East (Mr. Willis) has queried this matter. It seems to me that what we have here is largly English legal terminology. I should have preferred a reference to the validity of conveyancing transactions, or, at any rate, something fuller than the words in the subsection.

I think that my hon. Friend was absolutely justified in challenging the points arising from the Clause. As the Solicitor-General indicated, it is rather difficult to understand. As the right hon. and learned Gentleman said, what is covered here is the validity of the transaction. Subsection (5) appears to me to read:
"The validity of transactions entered into by the Commissioners shall not be called in question …"
That conveys to me all sorts of transactions. Further on, the subsection says:
"… nor shall any person dealing with the Commissioners …"
by able to inquire or to challenge the Commissioners or to do anything of that kind. I should like to hear the Lord Advocate outline briefly the implications of this Clause in Scottish legal terminology.

I do not think I can do it better than my right hon. and learned Friend the Solicitor-General, because the Clause applies equally to Scotland. The hon. Member for Glasgow, Central (Mr. McInnes) made a slight mistake. In line 34 the words are "be concerned to inquire." That is to say, the purchaser need not do it. Otherwise, if a purchaser took a title he might well have to inquire, or his solicitor would have to inquire at some expense to him, whether the Commissioners were acting within their powers. All this says is that if the title which he gets, whether it be an absolute disposition or a lease or a feu, is on the fact of it a good title, then, have been registered, it is a valid title and it cannot be gone behind merely because there has been a flaw behind the scenes.

We are glad to welcome the Lord Advocate to the Dispatch Box to explain in Scottish legal terms what the Bill means, and to have somebody, who at least is suppose to understand Scottish law, explaining to us what that law is. I understand it now, and if the subsection means that I am willing to withdraw the Amendment.

I am wondering about the word "transactions", however. Does the word have a legal meaning in a Statute, or does it refer only to documents? It might mean anything. I have not a legal dictionary with me to look up the meaning, but it is a word which is, to me, capable of fairly wide interpretation. Perhaps the Lord Advocate can answer that point. If not, perhaps he will look at this before the Report stage to make sure that the Clause means what he says it means.

Certainly, in our lay minds on this side of the Committee, we are rather doubtful about it. Our experience in the Scottish Grand Committee is that our lay minds are much more accurate than the Lord Advocate's legal mind. Would he have a look at this point or give an assurance that, in a Statute, this word has the meaning he has given to it and is confined to conveyances?

I wish to ask whether or not the only kind of transactions that can be entered into by the Commissioners are conveyancing transactions. There are other transactions. If the Lord Advocate means this to apply purely to the question of conveyancing he should insert a qualifying word before "transactions". I ask him to give sympathetic consideration to that point.

The Lord Advocate referred to the phrase

"nor shall any person dealing with the Commissioners be concerned to inquire …"
If the Government would consider using the phrase, "nor need any person"—

It being Ten o'clock The CHAIRMAN left the Chair to report Progress and ask leave to sit again.

Committee report Progress.

Business Of The House

Proceedings on the Crown Estate Bill exempted, at this day's Sitting, from the provisions of Standing Order No. 1 (Sittings of the House).—[ Mr. Redmayne.]

Crown Estate Bill

Again considered in Committee.

I was saying that the Government could meet the two points which have been raised if they would insert some phrase before the word "transactions", in order to make it clear that they are the kind of transactions which the right hon. and learned Gentleman said they were, and if, instead of the phrase,

"nor shall any person"
they used the phrase, "nor need any person".

If I gave the impression, as I am afraid that I did, that transactions are limited to conveyancing transactions, that was wrong. I gave that as an illustration. It can be any legal transaction, as it should be; because one must equally give the same protection to anybody dealing in any legal capacity, by way of contract as well as conveyance of land, with the Commissioners.

As to the other queries, I am always very willing, if the drafting of a Clause is called in question, to undertake to consider it further. I think that it is all right, but, in view of the observations of hon. Members, I will certainly consider it further with my right hon. and learned Friend.

In view of that undertaking, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

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

The Clause deals with the continuance of Crown Estate Commissioners and general provisions as to their constitution and functions. I wish to raise a question which will help me to decide whether I shall support the Clause. It is on the arrangements made for dealing with Crown Estates in Scotland.

We put down Amendments, which it would be out of order to discuss now, to divide the Crown Estate Commissioners into two bodies. I can see nothing in the Clause to prevent a division into subcommittees. The Commissioners would be better able to fulfil their functions if they were so divided.

The Eve Committee dismissed Scotland in a most cursory manner. It is obvious that the people who sat on that Committee did not know much about Scotland or Scottish feeling.

The proposal which the hon. Member is making is not in the Clause and it is, therefore, out of order to discuss it on this Motion.

I was trying to explain, Sir Godfrey, why I thought the Clause should be rejected. I assume that I am in order in giving my reasons.

The hon. Member is not in order in giving his reasons why the Clause should be rejected if he is basing his argument on something which is not in the Clause. He can give reasons why the Clause should be rejected if there is something in the Clause which he does not like, but he cannot base his arguments on something which is not in the Clause but which he would like to see in it.

I am grateful for your guidance, Sir Godfrey, because there is something in the Clause to which I take objection. There is to be a body of Commissioners, but there is no specific reference to how they shall administer Crown Estates in Scotland. That is my objection to what is in the Clause.

The hon. Member is under a misapprehension. He is trying to argue on something which is not in the Clause but which he would like to see in it, and that is out of order.

I always try to keep in order. Subsection (1) says:

"The Crown Estate Commissioners … shall continue to be a body corporate for all purposes, charged on behalf of the Crown with the function of managing and turning to account land and other property …"
I think that that is wrong. Is it in order to say that it is a bad subsection? I think that it is wrong for the reasons that I have given. I will try not to wander outside the rules of order. I will confine myself to asking a few questions.

On a point of order, Sir Godfrey. Subsection (1) says:

"The Crown Estate Commissioners … shall continue to be a body corporate for all purposes …"
I suppose that my hon. Friend is entitled to say that he objects to there being a body corporate for the purpose of dealing with Scottish affairs.

The hon. Member is sailing near the wind. If he moves too far out he can rely on me to call him to order.

I am grateful to you, Sir Godfrey, for your Ruling, and I am also grateful to my hon. and learned Friend. I do not want to sail near the wind. I am a great constitutionalist. I like to be in order, and I will therefore content myself with asking a few questions.

How many Scotsmen are there among the Crown Estate Commissioners? How do they administer estates in Scotland? How often do they meet in Scotland? Where are they? Is there a subcommittee which deals specifically with Scotland? Although the Eve Committee dismissed Scotland in a cursory and disrespectful manner, it tended to point out the necessity for a management body for any large estate. That is the burden of paragraph after paragraph of the Eve Report, and that is why it recommended the setting up of the Crown Estate Commissioners.

Almost one-third of the Crown Estates are in Scotland and therefore the Crown Estate Commissioners ought to have a special organisation for dealing with those estates. How is the Scottish end of this business managed? I am always rather frightened that a body located in London and concerned with administering things down here tends to look on Scotland as some sort of remote region which does not require very much consideration. That is why many of the affairs of Scotland tend to be neglected. We do our best to keep them before the House, as hon. Members know. We intend to press our claims. But that tendency exists, and if we have the Secretary of State for Scotland issuing directions to the Commissioners we should like to know at what stage he comes into the picture.

How often does he find it necessary to issue directions? Is it possible for him to issue directions regarding the administration of the Crown Estate in Scotland contrary to the wishes of the Chancellor of the Exchequer? Under the Clause it is nominally possible for the Secretary of State for Scotland to pursue a line contrary to that which the Chancellor may wish to pursue in England. Does the Secretary of State find it necessary to do that at times? Can he pursue a course which could give us the model farms that we are talking about, if the Chancellor thought that it was not a desirable thing to do? These are all important matters which arise directly out of the provisions of the Clause, and I hope that the right hon. Gentleman will give us answers to some of the questions, and tell us something about the administration.

The Secretary of State shrugs his shoulders, but we accept our responsibilities as Members of Parliament and we want to know. I hope that he will give us a clear picture of how this will work in Scotland. I hope that it will be done in a way which is free from southern influence, or a southern tang. We want to attend to our own business, as the Royal Commission on Scottish Government suggested that we should do in matters like this, where it is possible to separate the administration.

I support my hon. Friend the Member for Edinburgh, East (Mr. Willis). The Secretary of State for Scotland will recall the questions which my hon. Friend has put to him. My hon. Friend asked what proportion of the Crown Estate was in Scotland and he answered his own question by saying that it amounted to over one quarter. Where are they? These are matters that we want to know about. The Committee will note that the Explanatory Memorandum contains a reference to the fact that the greater part of the forest land has been transferred to the Forestry Commission. Can the Secretary of State tell us what is to happen in Scotland in regard to that matter?

The hon. Member for Heston and Isleworth (Mr. R. Harris), in his admirable remarks, pointed out some of the dangers. The Clause repeals the existing Acts, which sought to lay down in detail how the Crown Estate should be managed. Instead, a general duty is laid upon the Commissioners to manage the Crown Estate on behalf of the Crown. As the Chancellor of the Exchequer said in the Second Reading debate, on 28th June—and this was the point made by my two hon. Friends—it makes this possibly desirable measure of freedom subject to a number of limitations and restrictions which are contained in the first five Clauses of the Bill. Clause 1 is too wide in scope, and I am glad that the Solicitor-General made clear what subsection (5) does.

Before assenting to the Clause, there is one very important matter that I should like cleared up. It concerns only one word. I hope that the Secretary of State will be able to give us a clear indication of what it is about. I refer to the proviso to subsection (6).
"Provided that an advowson shall not be taken to be comprised…"
10.15 p.m.

Will the Secretary of State tell us what is this new legal "animal"? Does it relate to what my hon. Friend the Member for Edinburgh, East was referring? When the Secretary of State and the Lord Advocate have made up their minds about what it is, will one of them make up his mind to give us a clear indication? It is most important that we should know what it means. I presume that it governs the whole of the Clause, because it is a provision. The meaning of this word affects the general content of the Clause. I hope that the Secretary of State will tell us what this means and that he will not do as did a former hon. Member of this House who represented the Gorbals—George Buchanan—who used to say, "Ipso facto, as we say in Scotland …" That will not do. We want to know what is meant by the term "advowson". We wish to know whether it is a guarantee, or what it is, because on the interpretation will depend the support which we give to this Clause.

Subsection (7) of the Clause says:

"The provisions of the First Schedule to this Act shall have effect with respect to the constitution and proceedings of the Commissioners and other matters relating to the Commissioners."
In the First Schedule the provision is laid down that:
"There shall be such number of Commissioners, not exceeding eight, as Her Majesty may from time to time determine."
I wish to ask whether the Secretary of State will have any voice in nominating people—

Order. That would be more competently discussed when we come to the First Schedule.

Subsection (7) refers to the First Schedule of the Act which refers to the constitution of the Estate Commissioners.

It often happen; that in a Bill a Clause refers to a Schedule, but the Schedule cannot be discussed until there is a Motion.

I am not referring to the Schedule. I wish to ask whether it is intended that the Chairman or the Deputy-Chairman shall be a representative from Scotland. I think that it is very important that one or other should be, and I should be glad if we can be told.

Before parting with this Clause, I think that we are entitled to probe the Government's intentions a little further about the nature of the terms of reference being given to the Crown Commissioners, since we did not get a final reply after the previous discussion. We have had some interesting contributions, especially that from the hon. Member for Heston and Isleworth (Mr. R. Harris) but no reply was made from the Treasury Bench. One notices that the Scottish Ministers are always reluctant to make a contribution, but perhaps one of them will deal with the points relating to Scotland which have been raised and which are extremely important.

I wish to ask the Solicitor-General to explain the interpretation of this Clause so far as it affects the conduct which, so to speak, we are imposing on the Crown Commissioners. Is it the intention of the Government, and particularly the Treasury, to say that money-making must be the prime motive of the Commissioners in carrying out their duties? We know that the qualification about being subject to the rules of good management is introduced here, but I am advised that this sort of qualification appears in the articles of very many private profit-making companies. They are also required to adhere to their articles and are subject to the requirements of good management, that is, good management in the pursuit of profit, good management in speculative bidding for the best properties and their use in the most profitable way.

Is the Solicitor-General saying that in respect of the centres of big towns the Crown Commissioners must always prefer the establishment of vice clubs to the establishment of health centres because vice clubs are more profitable? Apparently they are to prefer the establishment of gambling clubs, and we have had examples quoted. Are we being told that the Government desire the Crown Commissioners always to prefer deer stalking to the establishment of model farms? Is that to be the standard of values in the interpretation by the Solicitor-General of what this Clause means?

By this Clause we are converting the Crown Estates entirely into commercialism solely in pursuit of profit although, in fact, the Crown lands are public property. One would have thought it went without saying that because Crown Lands are public property they should be subject to public policy. On the other hand, it is apparently the desire of the Tory Government to profitise the Crown lands and make them subject to the profit motive. The Crown Commissioners are to have a mandate from the House of Commons to organise for the millionaires the pursuit of deer in Scotland and the pursuit of women in London, all in the pursuit of the great god profit.

We are debarring ourselves from using these extremely important pieces of land for the promotion of much needed schemes for the benefit of the people in housing, health education, amenities and so on. My conception of what we ought to be doing in this House of Commons is considering how best these lands which happen to be under our control, the Crown lands, can be used for the benefit of the mass of the people for their health and welfare. Apparently the Solicitor-General tells us that by passing this Clause we are to impose on ourselves a self-denying ordinance that these high motives of public policy shall be disregarded and that the Commissioners shall be told to get on with the job of making money for the Tory Treasury. Is that what we are passing?

It appears that the Secretary of State for Scotland is about to reply to this debate. Although I cannot expect him to deal comprehensively with some of the points we have put to the Solicitor-General, I hope that in his reply he will not be limited to answering the points raised by my hon. Friends who are Scottish Members because, in my view, these are not matters relating exclusively to Scotland.

When the bell tolls for a Scotsman who has to leave his country because the land of his country has not been properly developed, it tolls in my constituency, too. When there is a failure to develop the land of Africa or of the West Indies, shackled and cramped as the people there have been by the private enterprise principle of grabbing for private ownership what should have been public ownership, the results are felt in the industrial centres of this country.

There are no matters exclusively concerned with Scotland. If there is anything which we should be getting into the spirit of this Bill it is the notion —which I should have thought common enough in the world, but which is strikingly absent from the Treasury Bench —the modern conception of one world and responsibility to people who live on the land. We shall have to go on spelling this out to those on the Treasury Bench in Clause after Clause, in Amendment after Amendment, and in Bill after Bill, until we get into their heads what is their only chance of survival in the modern world.

I think that in the interests of clarity and for the avoidance of confusion between the Scottish and English matters it might be helpful if I cleared up some of the Scottish points now, with my usual admirable clarity and brevity.

As to the composition of the body, I was asked whether the Scots were properly represented, and, as usual, they are. We have one member. The composition of the body is the chairman, deputy-chairman, who is a permanent civil servant, two English members, one Welsh and one Scot, and two other part-time professional members. On all these members I am, of course, consulted, as I am consulted about everything, sometimes to my sorrow.

I am dealing with these points with clarity and brevity, and I am going on to the next point as to how this body will work.

The hon. Gentleman must let me complete answering his own questions, and the one that I want to deal with now is about how the body works. The whole point is that the general principles and policy issues that arise for the Commissioners are normally applicable to the whole country.

As to whether there should be a separate Scottish Commission, if there were it would mean having two policy-making bodies, separate from each other, and with all the difficulties of coordination that would be involved.

It has seemed better from the experience of some years to make special arrangements within the Commissioners' organisation as a whole for proper attention to be given to Scottish questions. There is a Commissioners' Scottish Group consisting of the Chairman, deputy chairman and Scottish Commissioner. The Commissioners have a Scottish solicitor as their legal adviser for Scottish matters. They have an office in Edinburgh, and the day-to-day management of the landed estates is entrusted to local factors. The Scottish Commissioner keeps in close touch with, and makes special visits to, the Scottish estates from time to time. There is thus no question of the Scottish estates being run from the South. They are run on Scottish lines in Scotland under the general supervision of the Commissioners' headquarters and of the Scottish Commissioner. Those concerned with running them are available to advise the Board of Commissioners on the Scottish implications of the general policy questions that arise, as well as on any particularly difficult individual problems that may need to be considered by the Board.

These arrangements seem to be working very well. On past occasions when the possibility of having a separate Scottish Commission has been considered, it has not been thought that any such arrangement was necessary. I would point out as confirmation that this method of running it is almost certainly the best way we can devise, that the Royal Commission on Scottish affairs looked at it and it saw no reason for disturbing this position.

10.30 p.m.

In view of the great power which the right hon. Gentleman has over the Commissioners, may I ask whether he has agreed to the directive given to the Commissioners, contained in the last Report of the Commissioners, to the effect that the main outlet for fresh capital investment in Scotland will he sought in the immediate future in urban property, either by purchasing new property or by improving existing property, not by increasing Crown land for agricultural or other purposes? Has he agreed to that?

I am advised that there is very little urban property. I will think out an answer to that question while I run through the others.

I was asked whether I had independent powers of decision and direction. The hon. Member for Glasgow, Maryhill (Mr. Hannan), who asked the question, usually studies all the provisions of the Acts with great care, but on this occasion he has slipped, because if he looks at Clause 1 (4) he will find that the position is stated clearly
"The Chancellor of the Exchequer and the Secretary of State shall act jointly in giving directions under this subsection, except that in matters not relating to Scotland"
it is the Chancellor who acts and in matters relating to Scotland I act.

The right hon. Gentleman should not look accusingly at me. I did not raise that matter.

I apologise. I cannot believe that the hon. Member for Edinburgh, East raised it. In any event, whoever did, I have answered it.

The hon. Member for Maryhill—I knew that he was on a good point—was worried about advowson. All I can say is that it is neither barratry nor bottomry but the presentation to a living. If any further explanation is needed, the Solicitor-General will deal with it. I hope that I have answered all the questions asked.

I raised the point of Scottish representation or the Scottish functioning of the Commission. The Financial Secretary at the time, now Minister of Housing and Local Government, replied,

"I… am inclined to think that if it were desirable—and I am not prejudging it—to bring about any statutory fragmentation of the Commissioners' operations, it would be better to keep that for the second Bill, when the Commissioners have themselves had time to look round and see how successfully they can work, to use the words of the Eve Report, in the present statutory framework'."—[OFFICIAL REPORT, 27th July, 1956; Vol. 557, c. 865.]
He said that I had been arguing for Scotland but that Scotland had not turned up on the benches behind me to press the Scottish case. In fact, my hon. Friend the Member for West Lothian (Mr. J. Taylor) was there and had intervened in the debate, and the Financial Secretary must have been a little short-sighted. But the point was taken.

We have not heard from the right hon. Gentleman what has been the result of the experience. He mentioned one Scottish member and I take leave as a mere Englishman to doubt whether a conspicuous Highland landlord such as Cameron of Lochiel, who is the Scottish member, is the right person to deal with property of this kind. I know nothing about him personally and I have never met him. It is true that he has not much urban property, but he has a bit. I do not know what there is in Stirling; I think that there are 337 acres in the county of Stirling. The initial possession was partly res