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Orders Of The Day

Volume 657: debated on Wednesday 4 April 1962

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Housing (Scotland) Bill

[1ST ALLOTTED DAY]

Order for consideration, as amended ( in the Standing Committee), read.

3.34 p.m.

I would call the Recommittal Motion in the name of the hon. Lady the Member for Lanarkshire, North (Miss Herbison) if she would be willing to amend its terms by leaving out the reference to Clause 1, page 2, line 18, and to Clause 2, page 3, lines 9 and 29.

Yes, Mr. Speaker.

Bill recommitted to a Committee of the whole House in respect of the Amendments to Clause 2, page 3, line 10; Clause 3, page 5, line 27; Clause 9, page 9, lines 27 and 45; Clause 24, page 21, lines 42, 43, and 44; and Clause 29, page 25, line 43, standing on the Notice Paper in the name of Miss Margaret Herbison.—[Miss Herbison.]

Bill immediately considered in Committee.

[Sir WILLIAM ANSTRUTHER-GRAY in the Chair]

Clause 2—(Amounts Of Subsidies—Approved Houses Provided By Local Authorities For Special Purposes And Houses Provided By Other Bodies)

I beg to move, in page 3, line 10, at the end to insert:

"plus twenty-five pounds for every one per cent. by which the prevailing rate of interest exceeds three per cent.".
The purpose of the Amendment is to try to relate the subsidy to be paid under the Clause to the actual cost of financing the building of houses. We are all aware that the actual cost of building accounts for only a fraction of the total costs involved in house financing. Even if we accept the argument, advanced by the Government in the White Paper, that an income of £53 per house per year from rents and rates is reasonable, this still leaves costs of about £120 per house built per year to be met from somewhere or other. The subsidy proposed in the Clause leaves a deficit of £78, perhaps £80, per house per year. It is not suggested where this money is to come from.

We have been told many times that the Government's proposals are based on spreading the deficiency over the whole stock of existing houses, but what will happen in practice? In Paisley, rents and rates already account for £57 10s. per house per year. This is above what the Secretary of State said is reasonable. Consequently, the added burden on the town council for each new house built under the provisions of the Clause must either be spread over all the ratepayers or confined to the council tenants by increasing the rent. I have never been able to accept the idea of pooling housing costs and spreading them over the stock of existing houses. It is a mistaken idea. It fails to take into account many factors, such as the age of the oldest houses and the higher costs of maintenance of older houses. It tends, too. to establish a uniformity of rent. It creates a lack of flexibility in dealing with local authority problems.

Whatever one may say about that matter, these arguments can certainly not be applied to development corporations and only in a very modified way to the Scottish Special Housing Association. What the Government propose to do in the Clause is to squeeze the tenants as hard as they can, and then to meet the remaining deficiencies of the development corporations and the Scottish Special Housing Association by applying a hidden subsidy in meeting the deficiency of these two bodies.

Because of the lack of time, I shall restrain myself. One of the difficulties in dealing with this subject under the Guillotine is that one cannot develop the point as one would like. There are so many Amendments to be considered that the time available is only 20 minutes to each Amendment. This is a preposterous situation. That being the position, I shall not give a long explanation of the figures in the Amendment, but will only say that the effect would be to keep static the cost to local authorities, development corporations and the Scottish Special Housing Association, and so avoid putting an extra burden on the ratepayers or on the tenants.

The Amendment would also help the problems of importing authorities by not placing a tremendous new burden on small local authorities, and it would also, perhaps, help to speed up Glasgow's overspill. The Amendment would do much to provide the kind of flexibility about which the Under-Secretary has been talking during the last two or three weeks. The only difference is that his kind of flexibility has been all the one way—a flexibility that would give him the right to reduce subsidies. We believe that, where the circumstances warrant it, local authorities should have added subsidies.

The effect of the Amendment would be to increase the subsidy to such a figure as to provide that the rent and rate contribution would be at the £53 or £54 per annum level that the Government desire. I therefore hope that the Under-Secretary will see the logic of the mathematics, and accept the Amendment.

The hon. Member for Paisley (Mr. J. Robertson) is an optimist in asking the Minister to exercise some degree of flexibility, because that is the last thing I would ever dream of expecting from the the Under-Secretary. The Amendment, if it were accepted, would certainly help to stimulate the rate of municipal house building in the county in which the Minister himself resides, and I am quite sure that he would have to pay less in rates if that local authority were able to get a lower rate of interest for its house building.

The Amendment talks about
"… twenty-five pounds for every one per cent. by which the prevailing rate of interest exceeds three per cent."
In the counties and the burghs there is certainly a great deal of feeling about the high rate of interest which, for example, constitutes an almost insuperable barrier to the County of Ayr and the town councils of Kilmarnock and other places building as they would wish.

Members of local authorities ask us very difficult questions about the rate of interest. The Amendment speaks of 3 per cent. We were recently told that the Government were borrowing a considerable sum of money from the International Monetary Fund and from the Government of Switzerland at that rate. Some members of local authorities wanted me to ask the Minister to put them in touch with the International Monetary Fund, or even with the Government of Switzerland, so that they might discover whether they, too, could borrow money at the very reasonable rate of 3 per cent.

I therefore ask the Under-Secretary to disappoint me by showing his flexibility in accepting the Amendment, and so helping the local authorities in the area in which he resides to go forward with the housing that is so badly needed there.

3.45 p.m.

The purpose of the Amendment is to give a stimulus to local authorities to proceed with house building on a much greater scale, which the figures produced in the Housing Review for Scotland show to be more than ever necessary. In that document we find that between 1955 and the end of 1961 the number of houses built by local authorities had fallen from 29,278 to 19,541.

I am sure that the Under-Secretary will agree that added encouragement must be given to local authorities to build houses. If he does not believe that the rate of interest payable at present is a deterrent to house building policies, he should look at the replies given by his right hon. Friend the Secretary of State in reply to our Parliamentary Questions. Over the past three months the right hon. Gentleman has said that nearly half of the Scottish local authorities are not building any houses at all. That is a shameful state of affairs in a country which, in my view, is at present about the worst housed in Europe.

By encouraging local authorities to play their part in what is still Scotland's No. 1 social service—municipal housing—we will be fulfilling our responsibility, and I could not think of a better inducement to them than acceptance of the terms of the Amendment. Local authorities are at present having to pay quite prodigious interest rates. It is not simply a rate of 5 per cent. or 6 per cent.—the rate is at least 6¾ per cent.—and one has only to follow that transaction over the sixty years' life of a house to realise the devastating effect of high rates of interest on local authority housing revenue accounts.

If the Under-Secretary does that, he will find that at the completion of the financial term the houses cost, on an average, anything from two-and-a-half to three times the actual building cost. I know that I am being rather conservative in quoting such a figure, but I give it as an average. There is no doubt that some houses cost very much more over the sixty years.

I can vividly recall that when the interest rate was increased by 2 per cent. some local authorities decided to take strike action, and stopped building. The Under-Secretary might call those "wildcat" strikes, but one local authority was controlled by his party. As a protest against such prodigious financial burdens being imposed on the local ratepayers, it elected not to build any houses at that time. That indicates the effect of the interest rates on the outlook of local authorities.

The Secretary of State was asked by me whether he could make a comparison between the interest rates of 1951 and 1961; and what would be their effect on present-day costs of building. He replied:
"Annual loan charges on these 1961 costs would, at 6¾ per cent., be greater by the following amounts than at 3¾ per cent. in 1951; 3-apartment—£54 16s.; 4-apartment—£59 11s. 4d.; 5-apartment—£68 13s. 10d."—[OFFICIAL REPORT, 28th February 1962; Vol. 654, c. 148.]
That shows the extra we are paying in interest rates for the houses we are building. If the Under-Secretary cares to multiply that figure by 60 he will have a good idea of the crippling effect high interest charges have on the housing revenue accounts of Scottish local authorities.

How are we to tackle the problem? What must we do to redress this financial disadvantage? It would seem that we must make a financial contribution to local authorities so that they can overcome this serious economic problem and proceed with their house-building programmes. The Amendment would serve an extremely useful purpose in this respect, and, for that reason, I support it. Its object is clear, for it is designed to give authorities a stimulus and encourage them to proceed with enthusiasm and greater velocity—and, indeed, with more imagination—with their house-building programmes. Goodness gracious, if any part of the United Kingdom requires large-scale housing expansion, that part is Scotland.

I hope that the Under-Secretary will realise that the Amendment does not have a mischievous intent. Its object is to provide a financial inducement without which local authorities in Scotland will not be able to provide the housing needs of the people we represent. If the Government are genuinely keen to solve this problem, the Amendment provides one method of doing so. I hope that the Under-Secretary will see it in that light and will realise that the Amendment could be a boon to Scotland.

The Amendment seems to give a subsidy to certain houses built for overspill and other purposes under Clause 2 (1). The hon. Member for Coatbridge and Airdrie (Mr. Dempsey) seemed to consider that the Amendment would extend to all houses built by local authorities and I believe that once the Amendment became law it would be difficult to differentiate between the conflicting needs of overspill and other local authority housing needs.

The Amendment appears to insulate the building of a house costing £2,500 from the increased Bank Rate because 1 per cent. of £2,500 is £25. To my way of thinking, local authority houses, in many cases, cost less than £2,500 and, therefore, there is an element in the Amendment of a concealed subsidy, even over and above allowing for high interest rates. Once one allows this idea. that housing should be able to contract out of the economic policy of the country, one is in difficulty. I notice that Sir Stafford Cripps, as long ago as 1948, said that the rates of interest charged to local authorities were fixed from time to time to correspond broadly with Government borrowing rates for a comparable period.

Expenditure by local authorities on capital account is about one-fifth of the expenditure of the country and, therefore, if favourable interest rates were given to them it would, to a certain extent, nullify the economic policy of the country as a whole and some money would have to be raised either by taxation or inflation. I do not say that interest rates are not an important matter in the provision of houses, but it is relevant to quote from the Toothill Report, paragraph 1724 of which stated:
"It was claimed by some local authorities that high rates of interest are a serious factor in housing finance. The great bulk of local authority houses were, however, built at low rates of interest so that current high rates have a small effect on total costs. Against the rent factor, the burden of current interest rates is small."
We must keep a sense of proportion about this and, for that reason, I object to the Amendment.

The hon. Member for Galloway (Mr. Brewis) quoted from the Toothill Report. May I draw his attention to the opening words of his speech, when he referred to overspill, which, of course, has a bearing on the development corporations and the Scottish Special Housing Association. Will the hon. Member relate his arguments to the accounts of this Association and the development corporations?

I was pointing out that once we started giving an extra subsidy for overspill it would be difficult to stop there, for we would have to extend it to other types of expenditure by local authorities, including that on water and on old people's homes.

If an hon. Member who was not a member of the Standing Committee which considered the Bill but who has tried to follow the proceedings—and it is important that all hon. Members representing Scottish constituencies should express their views—wishes to join the debate at this point, may I say that the Amendment is an extremely interesting one because it raises the whole issue of the effect of interest rates on local authority housing, in whole or in part, and the question whether or not it is right to offset that effect in any way. As the hon. Member for Galloway asked: is it or is it not a good thing to discriminate between housing and other economic activities? We are perfectly clear about this; we are clear that it may be a good thing to do so. I would be surprised if the Leader of the House, whom I see in his place, would take the view that it is really wise to put the Government in a position of opposition to any form of discrimination as between one kind of economic activity and another.

Surely any element of planning, even financial planning, must result in the Government paying attention—even though this Government only pays lip-service to planning—to precisely this process of discrimination, although, apparently, that shocks the hon. Member for Galloway. My hon. Friends and I believe in discrimination between one kind of economic activity and another. We certainly do so regarding Scottish housing where it is desperately needed and where some sort of discrimination is necessary in favour of this economic activity.

Surely that is the principle here involved. It can be achieved by giving specially low rates of interest. But, if the Government will not do that, they can offset the high general rates of interest by special housing subsidies. That is a rather roundabout way of doing it, but it is quite possible. That is the issue of principle. What reason can there be for not doing that?

The hon. Member for Galloway produced the argument that interest rates do not affect housing. That, of course, contradicts the whole of the earlier part of his speech, in which he implied that interest rates were an overwhelmingly important factor facing local authorities. That is, of course, true and everyone knows it. The rate of interest is, of course, an enormously important factor when considering highly durable goods like a house.

We believe that Scottish housing, above all, must be exempted in one way or another from the general restrictionist policy of the Government. That is the issue I ask the Under-Secretary to deal with, because it is the only real issue of principle to be faced, and the Amendment brings it out in an acute form. We would like to see this matter dealt with clearly and as a matter of principle.

4.0 p.m.

As the hon. Member for Fife, West (Mr. W. Hamilton) has just come into the Chamber, I should say—I would have said it, in any event—that I am a considerable recipient of subsidies. But I have never failed to state publicly, in this Chamber and on many occasions outside it, that it is a good principle to have no more subsidies than are absolutely necessary and that that policy, in my industry also, should be directed to doing what the Bill tries to do, which is to put subsidies where they are most needed.

The Amendment calls for a fairly stiff increase in the rate of subsidy. Although I agree wholeheartedly with the hon. Member for Coatbridge and Airdrie (Mr. Dempsey) that a stimulant is necessary in house building of all kinds in Scotland, there are two weaknesses in that line of approach.

I share the view of my hon. Friend the Member for Galloway (Mr. Brewis), despite all the blandishments of the right hon. Member for Dundee, West (Mr. Strachey), that there should not be discrimination between loans for house building. I have not heard one argument which has convinced me that we should isolate this sector from the ordinary free market rate of borrowing. Why not have cheap loans for public services of all kinds, including gas, electricity and all sorts of undertakings? The hon. Member for Fife, West has never failed, in any debate in Committee upstairs on this Housing Bill, to mention the farming industry. Why I cannot quite think. He has said more than once that we are virtually publicly owned.

I have never said that the farming industry was publicly owned. I said that it was publicly financed.

The hon. Member has certainly said that we ought to be publicly owned. If that is the case, I might ask: why not have cheap loans for farming? The hon. Member for Coatbridge and Airdrie has mentioned what he calls the cruel rate of interest of 6¾ per cent. I had a much more cruel one of 8 per cent. not long ago.

Is the prevailing rate of interest on capital for agriculture taken into account in the determination of the needs of the industry?

Order. The Committee is in danger of turning this into an agricultural debate, which would be out of order on the Amendment.

I am sorry, Sir William, for straying. I was tempted to go a little further.

The second weakness in the Amendment is that however we achieve what hon. Members opposite want, whether by cheap loans, by higher subsidies, or by discrimination of one kind or another, somebody must pay for manipulating the market. That somebody is the taxpayer. One has to strike a point of balance between the advantage to house building and the cost to the taxpayer. Subsidies are invariably a blunt weapon and they have little precision about them wherever they are used. For that reason, I do not support the Amendment.

We have had some curious economic arguments this afternoon. The hon. Member for Edinburgh, West (Mr. Stodart) seems to me to be completely misinformed about housing subsidies, in which there are all sorts of differences. One of the arguments of the Government for increasing the present housing loan interest and keeping it high is that the local authority can spread the increase over all the other interest rates when some of the loans are obtained at cheaper rates.

In effect, therefore, there is already discrimination in interest rates by the Government. Older loans are charged at less than the new loans, which will be charged for about sixty years at the present rate even if interest rates come down. This is certainly a method by which the Government reduce subsidies to local authorities by increasing their interest rates.

The idea that the Government borrow money from farmers and others to lend to local authorities is so much "hooey"—

But the farmers are being investors. When they get these big profits, they must do something with them and they do not invest them all in Government loans. Presumably, however, some of the money finds its way back to the Government in loans.

In any event, that is not where the bulk of the money comes from. It is created by the banking institutions and it costs the Government only the amount that is necessary to administer these loans over sixty years. This is not something which is borrowed from the public in order to lend to the local authorities. It is a method by which the Government are increasing the charge for a loan service for sixty years. It is a method by which the local authorities are made to pay a higher proportion of the cost of a house than formerly.

The hon. Member for Edinburgh, West is quite right. The houses have to be paid for either by the tenant, the local authority or the Government. A constant struggle goes on about who should pay most. The Government use all sorts of tricks to see that more goes on to the local authority or to compel the local authority to push more on to the tenant. What has to be settled is not all this academic business about the cost of loans, but the question of what are the fair proportions as between tenant, local authority and Government. That is the argument which is presented by the Amendment.

The Government are increasing the cost to the local authority and, through the local authority, to the tenant by subterfuges of talking about market interest rates and things of that kind. This is a matter of Government decision. The Government can decide what proportion is to be paid by themselves, by the local authority and by the tenant. That is done by different methods, of which the subsidy is one and the rate of interest another. It would be far better if the Government were straight and honest and stopped all this humbug about interest and decided what proportion would be paid. Then, the public, the tenants and the local authorities would know where they stood.

We have had an interesting debate on the Amendment which has been moved by the hon. Member for Paisley (Mr. J. Robertson). Its effect would be to increase the rate of subsidy for overspill houses or houses provided by the new town development corporations or the Scottish Special Housing Association by £25 for every 1 per cent. by which the prevailing rate of interest exceeded 3 per cent. It would accordingly tie the overspill rate of subsidy to the prevailing rate of interest, which, presumably, is the Public Works Loan Board rate.

The Amendment is an attempt to introduce the conception that subsidies should be increased to compensate for increases in the interest rates.

Is that not exactly what the Home Secretary did when he was Chancellor of the Exchequer, when he increased the subsidies in his first Budget?

The Amendment is an attempt to introduce the conception that subsidies should be increased to compensate for increases in interest rates. As the Committee will know, this is a very old hare which has been chased on many occasions. I do not think that hon. Members opposite—certainly not the hon. Member for South Ayrshire (Mr. Emrys Hughes) who has the honour to represent me in Parliament—will be a bit surprised to hear that the Government cannot accept the Amendment.

As has been explained on very many occasions, the Government take the view that, as the rate of interest reflects the economic situation, there is no reason why local authorities, as regards housing or other services, should be exempt from the economic trends which are reflected in the rates of interest they are called upon to pay for the money they require in order to build their houses. In any case, as my hon. Friend the Member for Galloway (Mr. Brewis) pointed out, how could such a policy be limited just to overspill housing?

I thought that my hon. Friend answered very well the point made by the right hon. Member for Dundee, West (Mr. Strachey)—whom we are glad to have with us this afternoon. Once this policy was adopted for overspill housing, why not for all housing subsidies? Indeed, why not for a good many other services, such as water and electricity? A similar insulation from increases in interest rates might be claimed for such services on the same grounds as have been used in this debate in respect of housing. The Amendment cuts across the whole economic policy of the Government. It is unacceptable for that reason.

Moreover, the Amendment bears little relation to the actual practice of local authorities in borrowing. Although the cost of local authority housing is usually financed over a period of sixty years, the initial borrowing will usually be for a very much shorter period. It is, therefore, completely wrong to assume, as hon. Members in advocating the Amendment seem to assume, that local authorities will continue to pay interest for sixty years at the rate prevailing when the subsidy approval was first given. What most large local authorities do is to maintain a consolidated loans fund under which the cost of borrowing borne by the new services is not the cost of raising new money, but the average cost of all outstanding loans.

That is what happens in fact. The hon. Member for Coatbridge and Airdrie (Mr. Dempsey), who has a great deal of experience of local government affairs, must be aware of that. These internal borrowing rates have, admittedly, risen in recent years, but they are still normally less than five per cent., which is well below the P.W.L.B. rate.

I need hardly add that, besides being unacceptable on grounds of principle, the Amendment would raise the subsidy under Clause 2 to an unreasonably high level. At the present Public Works Loan Board rate of interest, it would add £75 to the subsidy rate of £42. I am sure that hon. Members will not expect me to accept a subsidy rate of £117—which is what it would amount to—over sixty years, or nearly three times the rate payable under existing legislation.

Will the hon. Gentleman tell the Committee the position of the development corporations and the Scottish Special Housing Association, and what the actual subsidy is per house built by a development corporation taking into consideration the grant made by the Government towards deficiencies?

I cannot do it "off the cuff". If the hon. Gentleman wishes to have that information, I can easily find out for him.

As so often happens, the good hearts of hon. Members opposite seem to be ruling their heads. What they suggest in this Amendment is really impossible. Interesting and ingenious though it is, I must tell them that the Government cannot possibly accept it.

4.15 p.m.

The Minister's reply is not surprising. When he has no case at all, he accuses us of letting our hearts rule our heads. What we intend by the Amendment is to ensure that more and more desperately needed houses are built in Scotland. To look at only part of it, overspill, and relate that to the need in Glasgow, one sees how forcibly the need for additional subsidy is shown.

It has been interesting to hear the back benchers on the Government side. During the Committee stage and today we have heard from the hon. Member for Galloway (Mar. Brewis) why the Government cannot accept our Amendments. The hon. Member for Edinburgh, West (Mr. Stodart) amused me. He said that subsidies were a blunt weapon and, because they were a blunt weapon, he was against them. It has been evident throughout our consideration of the Bill that he has been against reasonable subsidies for housing, but I wish that he carried that strong principle into his attitude to farming. If he did, he would not want the kind of subsidies that many farmers receive today. I shall be able to believe that he is really in earnest about this blunt instrument when he speaks in an agriculture debate and says that he will vote against the farming subsidy on that ground.

The Minister and the hon. Member for Galloway both said that the rate of interest reflects the economic situation of the Whole country. Year after year, of course, our economy has under this Government sunk further into the mire. We do not quarrel with that description from the Minister, but we do quarrel with him when he says that it is vital that local authority housing should not be insulated against what he calls the prevailing economic situation. This is a heartless attitude on the part of the Government. We have had evidence of it throughout the whole Committee stage proceedings.

Have the Government ever said that industry generally—I leave farming out of it now—cannot be insulated against the high rate of interest or against the prevailing economic situation? What happened to Colvilles? If the Government were to apply to Colvilles what they have rigidly applied in the matter of subsidies and interest rates for housing, Colvilles would be in a much more difficult position today. What about the motor car industry? I am not quite sure, but I suspect that the Government are by their help insulating that industry—for very worth-while purposes; I do not complain in the least—against the prevailing economic situation. The whole argument advanced by the Minister and the Member for Galloway falls when we find that in other sectors

Division No. 145.]

AYES

[4.21 p.m.

Abse, LeoCraddock, George (Bradford, S.)Forman, J. C.
Allaun, Frank (Salford, E.)Cronin, JohnGaltskell, Rt. Hon. Hugh
Allen, Scholefield (Crewe)Cullen, Mrs. AliceGalpern, Sir Myer
Awbery, StanDavies, G. Elfed (Rhondda, E.)Ginsburg, David
Bacon, Miss AliceDavies, Ifor (Gower)Gordon Walker, Rt. Hon. P. C.
Baxter, William (Stirlingshire, W.)Davies, S. O. (Merthyr)Gourlay, Harry
Beaney, AlanDeer, GeorgeGrey, Charles
Benson, Sir GeorgeDempsey, JamesHamilton, William (West Fife)
Blackburn, F.Diamond, JohnHannan, William
Blyton, WilliamDodds, NormanHarper, Joseph
Bowden, Rt. Hn. H. W. (Leice, S. W.)Driberg, TomHart, Mrs. Judith
Bowles, FrankDugdale, Rt. Hon. JohnHealey, Denis
Herbison, Miss Margaret
Boyden, JamesEde, Rt. Hon. CHill, J. (Midlothian)
Braddock, Mrs. E. M.Edelman, MauriceHolman, percy
Brockway, A. FennerEdwards, Rt. Hon. Ness (Caerphilly)Houghton, Douglas
Broughton, Dr. A. D. D.Edwards, Walter (Stepney)Hoy, James H.
Brown, Rt. Hon. George (Belper)Evans, AlbertHughes, Emrys (S. Ayrshire)
Callaghan, JamesFernyhough, E.Hughes, Hector (Aberdeen, N.)
Castle, Mrs. BarbaraFinch, HaroldHunter, A, E.
Cliffe, MichaelFoot, Michael (Ebbw Vale)Irvine, A. J. (Edge Hill)

the Government have done what we are asking them to do for Scottish housing.

The Minister said that the Amendment would raise the subsidy to an unreasonably high level. We had worked out, of course, that it would mean a £75 increase, but we regard that as absolutely necessary if we are to have the number of houses we need, and absolutely necessary, also, even if the average gross annual value is charged as the rent. In other words, in asking for this subsidy we are not in any way supporting low rents in Scotland.

I could have adduced other arguments, but we are pressed for time and I will content myself with adding that we must vote against the Government's attitude on this matter and for our Amendment.

The Under-Secretary has not answered the points at all. The Clause deals particularly with development corporations and the Scottish Special Housing Association, and we are asking that the Government subsidy be paid to these two bodies. The Public Accounts Committee investigated the accounts of the Scottish Special Housing Association and the development corporations, and the hon. Gentleman will find that the grants made by the Government to meet the deficiencies add up to this amount. The realistic situation of Scottish housing is that a subsidy of £117 is required so that houses can be let at rents that people can afford.

Question put, That those words be there inserted:—

The Committee divided: Ayes 153. Noes 208.

Irving, Sydney (Dartford)Monslow, WalterSlater, Joseph (Sedgefield)
Janner, Sir BarnettMoyle, ArthurSmall, William
Jay, Rt. Hon. DouglasNeal, HaroldSmith, Ellis (Stoke, S.)
Jeger, GeorgeNoel-Baker, Rt. Hn. Philip (Derby, S.)Soskice, Rt. Hon. Sir Frank
Jenkins, Roy (Stechford)Oliver, G. H.Spriggs, Leslie
Johnson, Carol (Lewisham, S.)Oram, A. E.Steele, Thomas
Jones, Rt. Hn. A. Creech (Wakefield)Oswald, ThomasStones, William
Jones, Dan (Burnley)Owen, WillStrachey, Rt. Hon. John
Jones, J. Idwal (Wrexham)Panned, Charles (Leeds, W.)Stross, Dr. Barnett (Stoke-on-Trent, C.)
Jones, T. W. (Merioneth)Pargiter, G. A.Taylor, Bernard (Mansfield)
Kelley, RichardParker, JohnThomas, George (Cardiff, W.)
Key, Rt. Hon. C. W.Pavitt, LaurenceThomas, Iorwerth (Rhondda, W.)
King, Dr. HoracePearson, Arthur (Pontypridd)Thompson, Dr. Alan (Dunfermline)
Lee, Frederick (Newton)Peart, FrederickThomson, G. M. (Dundee, E.)
Lee, Miss Jennie (Cannock)Pentland, NormanTimmons, John
Loughlin, CharlesPrentice, R. E.Wainwright, Edwin
Mabon, Dr. J. DicksonPrice, J. T. (Westhoughton)Warbey, William
McInnes, JamesProbert, ArthurWeitzman, David
McKay, John (Wallsend)Randall, HarryWells, Percy (Faversham)
Mackie, John (Enfield, East)Rankin, JohnWhitlock, William
McLeavy, FrankRedhead, E. C.Willey, Frederick
MacMillan, Malcolm (Western Isles)Reid, WilliamWilliams, D. J. (Neath)
MacPherson, Malcolm (Stirling)Rhodes, H.Williams, LI. (Abertillery)
Mallalieu, E. L. (Brigg)Roberts, Albert (Normanton)Williams, W. R. (Openshaw)
Manuel, ArchieRoberts, Goronwy (Caernarvon)Willis, E. G. (Edinburgh, E.)
Mapp, CharlesRobertson, John (Paisley)Wilson, Rt. Hon. Harold (Huyton)
Marsh, RichardRobinson, Kenneth (St. Pancras, N.)Winterbottom, R. E.
Mellish, R. J.Ross, WilliamWoodburn, Rt. Hon. A.
Mendelson, J. J.Short, EdwardYates, Victor (Ladywood)
Millan, BruceSilverman, Julius (Aston)
Milne, EdwardSilverman, Sydney (Nelson)

TELLERS FOR THE AYES:

Mitchison, G. R.Slater, Mrs. Harriet (Stoke, N.)Mr. Rogers and Mr. Lawson.

NOES

Agnew, Sir PeterDrayson, G. B.James, David
Aitken, W. T.Duncan, Sir JamesJenkins, Robert (Dulwich)
Arbuthnot, JohnEden, JohnJennings, R. C.
Ashton, Sir HubertElliot, Capt. Walter (Carshalton)Johnson, Eric (Blackley)
Balniel, LordElliott, R. W. (Nwcastle-upon-Tyne, N.)Kerby, Capt. Henry
Barber, AnthonyEmmet, Hon. Mrs. EvelynKerr, Sir Hamilton
Barlow, Sir JohnErrington, Sir EricKershaw, Anthony
Barter, JohnErroll, Rt. Hon. F. J.Kimball, Marcus
Batsford, BrianFarr, JohnLancaster, Col. C. G.
Berkeley, HumphryFinlay, GraemeLangford-Holt, Sir John
Bevins, Rt. Hon. ReginaldFisher, NigelLeburn, Gilmour
Biffen, JohnFletcher, Cooke, CharlesLewis, Kenneth (Rutland)
Biggs-Davison, JohnFraser, Ian (Plymouth, Sutton)Lindsay, Sir Martin
Birch, Rt. Hon. NigelFreeth, DenzilLinstead, Sir Hugh
Bishop, F. P.Gammans, LadyLitchfield, Capt. John
Black, Sir CyrilGeorge, J. C. (Pollok)Longbottom, Charles
Bossom, CliveGilmour, Sir JohnLongden, Gilbert
Bourne-Arton, A.Glover, Sir DouglasLoveys, Walter H.
Box, DonaldGlyn, Dr. Alan (Clapham)Lubbock, Eric
Boyd-Carpenter, Rt. Hon. J.Glyn, Sir Richard (Dorset, N.)Maclean, SirFitzroy (Bute&N. Ayrs.)
Brewis, JohnGoodhart, PhilipMcLean, Neil (Inverness)
Brooman-White, R.Goodhew, VictorMacleod, Rt. Hn. Iain (Enfield, W.)
Brown, Alan (Tottenham)Gower, RaymondMacLeod, John (Ross & Cromarty)
Browne, Percy (Torrington)Grant-Ferris, Wg. Cdr, R.McMaster, Stanley R.
Bryan, PaulGreen, AlanMacpherson, Niall (Dumfries)
Bullard, DenysGresham Cooke, R.Maddan, Martin
Campbell, Gordon (Moray & Nairn)Hamilton, Michael (Wellingborough)Maginnis, John E.
Carr, Robert (Mitcham)Harris, Frederic (Croydon, N. W.)Maitland, Sir John
Cary, Sir RobertHarvey, Sir Arthur Vere (Macclesf'd)Marlowe, Anthony
Channon, H. P. G.Harvey, John (Walthamstow, E.)Marshall, Douglas
Chataway, ChristopherHastings, StephenMatthews, Gordon (Meriden)
Chichester-Clark, R.Hay, JohnMaxwell-Hyslop, R. J.
Clark, William (Nottingham, S.)Heald, Rt. Hon. Sir LionelMaydon, Lt.-Cmdr. S. L. C.
Cleaver, LeonardHenderson, John (Cathcart)Mills, Stratton
Collard, RichardHendry, ForbesMiscampbell, N.
Cooper, A. E.Hill, Mrs. Eveline (Wythenshawe)Montgomery, Fergus
Cordeaux, Lt.-Col. J. K.Hobson, Sir JohnMore, Jasper (Ludlow)
Corfield, F. V.Holland, PhilipMorrison, John
Costain, A. P.Hollingworth, JohnNabarro, Gerald
Coulson, MichaelHolt, ArthurNeave, Alrey
Courtney, Cdr. AnthonyHopkins, AlanNicholson, Sir Godfrey
Craddock, Sir BeresfordHornby, R. P.Oakshott, Sir Hendrie
Critchley, JulianHornsby-Smith, Rt. Hon. Dame P.Orr, Capt. L. P. S.
Curran, CharlesHoward, John (Southampton, Test)Orr-Ewing, C. Ian
Dalkeith, Earl ofHughes Hallett, Vice-Admiral JohnPage, Graham (Crosby)
Dance, JamesHughes-Young, MichaelPage, John (Harrow, West)
d'Avigdor-Goldsmid, Sir HenryHurd, Sir AnthonyPannell, Norman (Kirkdale)
Digby, Simon WingfieldHutchison, Michael ClarkPearson, Frank (Clitheroe)
Donaldson, Cmdr. C. E. M.Irvine, Bryant Godman (Rye)Peel, John
Doughty, CharlesJackson, JohnPercival, Ian

Peyton, JohnSeymour, LeslieTurner, Colin
Pitman, Sir JamesShaw, M.Turton, Rt. Hon. R. H.
Pott, PercivallSkeet. T. H. H.van Straubenzee, W. R.
Powell, Rt. Hon. J. EnochSmith, Dudley (Br'ntf'd & Chiswick)Vaughan-Morgan, Rt. Hon. Sir John
Prior-Palmer, Brig. Sir OthoSmithers, PeterWakefield, Sir Wavell (St. M'lebone)
Profumo, Rt. Hon. JohnSpeir, RupertWalder, David
Pym, FrancisStodart, J. A.Ward, Dame Irene
Quennell, Miss J. M.Stoddart-Scott, Col. Sir MalcolmWells, John (Maidstone)
Ramsden, JamesStorey, Sir SamuelWilliams, Dudley (Exeter)
Redmayne, Rt. Hon. MartinStudholme, Sir HenryWilliams, Paul (Sunderland, S.)
Rees, HughSummers, Sir Spencer (Aylesbury)wills, Sir Gerald (Bridgwater)
Rees-Davies, W. R.Talbot, John E.Wilson, Geoffrey (Truro)
Ridley, Hon. NicholasTapsell, PeterWise, A. R.
Ridsdale, JulianTaylor, Sir Charles (Eastbourne)Wood, Rt. Hon. Richard
Roberts, Sir Peter (Heeley)Temple, John M.Woodnutt, Mark
Robertson, Sir D. (C'thn's & S'th'ld)Thomas, Leslie (Canterbury)Woollam, John
Robinson, Rt. Hn. Sir R. (B'pool, S.)Thomas, Peter (Conway)Worsley, Marcus
Ropner, Col. Sir LeonardThompson, Richard (Croydon, S.)
Royle, Anthony (Richmond, Surrey)Thornton-Kemsley, Sir Colin

TELLERS FOR THE NOES:

Russell, RonaldThorpe, JeremyMr. J. E. B. Hill and
Scott-Hopkins, JamesTouche, Rt. Hon. Sir GordonMr. Noble.

Clause ordered to stand part of the Bill.

Clause 3—(Amounts Of Subsidies— Other Approved Houses Provided By Local Authorities)

4.30 p.m.

I beg to move, in page 5, line 27, at the end to insert:

(7) Section one hundred and forty of the principal Act (which requires every local authority to carry, in each financial year, to the credit of the housing repairs account in respect of each house, building and dwelling such amount as they may think proper, not being less than eight pounds) shall have effect in relation to the first financial year beginning after the first day of November, nineteen hundred and sixty-one, and to each subsequent financial year with the substitution for the words "eight pounds" of the words "twelve pounds".
This Amendment is a proposed addition to Clause 3 (6), which deals with the provision of the 1950 Act which decides the amount that should be paid by a local authority in respect of each of its houses into its housing repairs account each year. Under the 1950 Act the sum was £4 a year. A few years after that the amount was increased to £8, obviously because it had become insufficient as a result of increasing costs. We contend that we have now reached a point in time when there should be another increase.

I believe that the Government recognise this, but what they are saying, in effect, is that they do not trust local authorities to make a true return. According to subsection (6), if a local authority puts to its housing repairs account £12 per year per house instead of £8, the Secretary of State may debar it from including the additional £4 in the debit side of its housing revenue account and thus he could debar it from qualifying for the £32 subsidy, and the result might be that it would get a subsidy of only £12.

There are very substantial grounds for our case that the amount should be increased automatically as it was previously. I estimate that since the repairs allocation was increased to £8 the cost of repairs has risen by about £75 per cent. The Secretary of State has told us that the average being paid in Scotland is £8 14s. That is already over the figure laid down, and many local authorities are paying much more. My hon. Friend the Member for Lanarkshire, North (Miss Herbison) instanced during the earlier Committee proceedings the Burgh of Dumbarton as paying an average of £11 16s. in repairs, but the actual contribution that the authority is making to its repairs account in respect of each house is 12 guineas per year.

The figures that we have culled from the rating review apply to 1960, and now we are in 1962 and costs have gone up substantially in the meantime. I am sure that hon. Members opposite who are fair-minded would agree that the tendency would be for the figures to have increased because the costs in respect of labour and material for repairing local authority houses have risen.

Taking the 1960 figures, one can pick out the small burghs of Alloa, Barrhead, Irvine and Troon with the figure for repairs per house varying between £11 and £13. Turning to the counties, we have Angus, Caithness, Dunbartonshire, East Lothian, Inverness, Kirkcudbrightshire, Renfrew, Ross and Cromarty, Selkirk and Sutherland paying from £11 to £14 18s. per house for actual repairs. Therefore, we are already well over the figure laid down.

The Scottish Office is well aware of this, but does not want to make it appear to the local authorities that it is raising the figure because of the new formula which has been introduced. I see the Under-Secretary shaking his head. Why does he not allow local authorities to debit their housing revenue accounts with the actual cost? He is not allowing them to put to their housing repair accounts the difference between £8 and what they are actually paying unless he consults them and they can justify it.

Does the hon. Gentleman think that he is dealing with a crowd of school children? He seems to be lining them up in a row and asking them their intentions. This is a besmirching of Scotland's elected representatives, and I am sick and tired of it. It is dreadful. I indict Ministers and Departments. I do not know where this emanates from, but whoever had this brainchild ought thoroughly to be condemned and "given his cards", whether he is an elected representative or otherwise.

The Government are virtually telling the public-spirited men and women who are coming forward for election into local government that they are not to be trusted. This is likely to result in people of a lower calibre coming forward, for what ordinary, decent, straightforward men or women would allow themselves to be treated in this way and held to these rules? It is most disgraceful and shocking that this should be brought into Scottish public life.

Would not the hon. Gentleman agree that the rules are exactly the same whether the figure is £8 or £4, as it was under the Socialist Administration?

The thing that I deplore about hon. Gentlemen opposite is that they think in abstract terms and deal with only one part of a problem.

An amount between £8 and £12 or £14 is not to be allowed to count on the debit side of the housing revenue account, as it has hitherto been allowed to count, because this might have an effect in deciding whether a local authority is to get the £32 subsidy or the £12 subsidy. That is the part I deplore. This formula is entirely new, so the hon. Member is off the rails a little.

I think that I have said enough to show our thoughts on this matter. If the Committee wishes to strengthen local authorities, it should show more trust in them. Do not let us destroy the fabric of local government and discourage the men and women who come forward to serve in a selfless way. I hope that the Committee will have regard to the strength of the Amendment and its purpose towards the elected representatives of the people of Scotland on local authorities.

I have listened with great interest to the hon. Member for Central Ayrshire (Mr. Manuel). Everything he said has confirmed my view that he has misread the 1950 Act and that the Amendment will not achieve any purpose. Certainly, it would not achieve what the hon. Member claimed for it. Under the 1950 Act, a local authority must put to its housing revenue account a minimum sum of £8. There is no question of a maximum sum. The Bill says that the Secretary of State may disallow that part of the excess which he does not consider to be reasonable.

The hon. Gentleman may have said so, but he went on to give figures which belied that understanding of the situation. He told us that the average figure placed to the debit of housing revenue accounts throughout Scotland was not £8 or £12, but £8 14s. That is very much less than the figure he proposes.

The hon. Gentleman must realise that the fact that the figure is only £8 14s. is because the Secertary of State gave certain local authorities discretion to charge only £6 per house against the repairs account where the account is in a healthy state.

That may be so, but the hon. Member for Central Ayrshire is seeking to substitute £12 for £8 when the average figure is £8 14s. That makes nonsense.

If the hon. Gentleman studies the rating revenue for 1960, he will see that those local authorities charging only £8—some are charging less—are doing so in a desperate attempt to save rates, but are finding their housing repairs accounts becoming in a parlous condition.

The hon. Gentleman is getting into deeper water. The cost of maintaining a house is ascertainable in pounds, shillings and pence, and is not related to any notional figure of £8 or £12 or any other. The figure which a local authority notionally carries to its housing revenue account makes no difference to the rates.

That is a monstrous statement. The hon. Gentleman was once a town clerk. He does not know his business. He should resign.

The hon. Gentleman then went on to quote what he thought were extreme cases. He mentioned the large burgh of Dumbarton, with a figure of £11 16s. That extreme case is still below the figure of £12, which makes nonsense of the argument for the Amendment. He spoke of figures between £12 and £14 for burghs, admitting that some of them were under £12. The Amendment is nonsensical, because it would allow a debit in a housing revenue account of £12, when the average now is only £8 14s. Only in the most exceptional cases is the figure £12.

If a local authority is so ill-advised as to carry as debit a figure which is in excess of its actual expenditure, the Secretary of State, quite rightly, has power to disallow part of it. But an honest local authority—which means 99·5 per cent., I hope, of local authorities—will put in an honest figure and the Secretary of State will not have occasion to use his power. In view of the fact that the Amendment would not only achieve nothing, but is also nonsensical, it should be cast out without further consideration.

4.45 p.m.

I wish that the hon. Member for Central Ayrshire (Mr. Manuel) were on the Opposition Front Bench again. When he is there his speeches are very much more reasonable than they are when he is, to a certain extent, up in the clouds.

The effect of the Amendment would be, as he said, to raise the minimum contribution of a local authority to its housing repairs account from £8 to £12. As he pointed out, Clause 3 (6) provides that where the Secretary of State considers that a local authority's contribution from its housing revenue account to its housing repairs account is excessive, having regard to its previous practice and to any other circumstances, the excess amount may be excluded from its expenditure for the purposes of the resources test. That is all. It is only excluded for the purpose of the resources test. The expenditure admitted for the resources test cannot be less than the minimum of £8 per house.

It is perhaps worth emphasising, since the hon. Gentleman seems to be in doubt on this, that, if the Secretary of State decides that a local authority's repair contributions are excessive, he need not disregard the whole excess over the minimum of £8. He may admit some amount intermediate between £8 and the actual amount paid out of the housing revenue if the circumstances seem to him to justify this.

The statutory minimum contribution is £8 and the Amendment proposes to increase it to £12. I think that the hon. Gentleman had in mind the fact that, with a statutory minimum contribution of £12 instead of £8, the Secretary of State's scope for disregarding expenditure under subsection (6) would be correspondingly reduced.

I thought that that was probably the reason. As I have said, I think that the hon. Member makes this proposal for a mistaken reason, as the Secretary of State would not automatically out excessive contributions down to the minimum figure.

The hon. Member for Central Ayrshire also suggested that because costs have increased since the minimum contribution of £8 was laid down in 1952, the minimum ought to be higher today. It is true that costs of maintenance have risen and that the actual contributions by local authorities to their repairs accounts have risen in consequence. But the minimum amount which is mentioned here is indeed the minimum. There is nothing to prevent any local authority from putting into its repairs account whatever money it needs to spend. I do not know whether the hon. Gentleman quite appreciates that fact.

A local authority can put in more than £8 if it wishes to do so. If it can show that repairs and maintenance will cost more, it is fully entitled to keep its repairs account in funds by increasing the contribution which it makes to it from the housing revenue account. There is no intention that any such contribution to the repairs account which is genuinely required by reason of increased costs or because of other things—

I thought that would upset the hon. Member for Edinburgh, East (Mr. Willis). If, in my right hon. Friend's opinion, such a contribution is required for the purpose for which it is stated to be required, it will not be disregarded in the resources test calculations. I can give hon. Members opposite a complete assurance on that point.

Nothing in the Bill will prevent a local authority from properly maintaining its houses, nor will it be in any danger of getting a smaller subsidy through carrying out necessary repairs and maintenance. Since the Government are so keen on the proper maintenance of houses, the hon. Member for Central Ayrshire may wonder why we refuse to accept the Amendment to raise the minimum contribution from £8 to £12. The reason is quite simple. We agree that the cost of repairs has risen and we also realise that if it rises further the time will come when an increase in the minimum figure will be necessary.

Where the hon. Member and I part company is that I do not think that that time has yet come.

Will the hon. Gentleman agree that on-costs and repairs have increased more since the figure of £8 was introduced than they did in the few years between the increase from £4 to £8?

Perhaps the hon. Gentleman will allow me to develop my argument.

I am saying that the time to increase the minimum contribution has not yet come. I say that because a number of authorities are still able to repair and maintain their houses at an annual cost of less than £8 a house. This is shown by the fact that in 1960–61 no less than 24 applications by local authorities to contribute less than £8 a house to their repairs account were granted by the Secretary of State.

These applications were made under Section 140 (3) of the 1950 Act, which empowers the Secretary of State, after consultation with the local authority, to give a direction for the reduction or suspension of the repairs contribution if he thinks that the sum standing to the credit of the repairs account is more than sufficient for the purposes for which the account is kept. The fact that no less than 24 applications to contribute less than £8 were agreed to by my right hon. Friend indicates that the figure of £8 is not unduly low.

If the Amendment were accepted, the result would be that more local authorities would have to apply to the Secretary of State for permission to contribute less than the proposed figure of £12. Hon, Members opposite must, therefore, realise that the Amendment would force extra work on local authorities by obliging them to make application to the Secretary of State which would be quite unnecessary if things were left as they are.

In the Government's opinion, the Amendment is premature. It has been shown that £8 is a sufficient minimum at the moment—and I stress "at the moment". I therefore regret that I cannot accept the Amendment.

The great difference between hon. Members on this side and hon. Members opposite, including the Under-Secretary of State, is that we trust local authorities, whereas hon. Members opposite continually show by their speeches and their votes that they distrust local authorities and always try to find ways and means of hamstringing them.

I wish to take up the final point made by the Minister. He said that the Amendment would only place extra work on local authorities because many of them would ask for permission not to contribute £12 to their repairs accounts. I want to point out what the result will be if the Amendment is not accepted.

The hon. Member for Aberdeenshire, West (Mr. Hendry) said that the Amendment was nonsensical. In Committee we were accustomed to the kind of speech which he made today. I was accustomed to that kind of speech before he came to the House of Commons. I suspect that it was nonsensical of the hon. Gentleman's Government, in 1952, to raise the figure from £4 to £8, particularly in the light of the information which the Minister has given to the effect that more than 20 local authorities in 1960 asked for permission not to contribute as much as £8. I wish that the hon. Gentleman would listen to the arguments adduced by my hon. Friend the Member for Central Ayrshire (Mr. Manuel) and not put an interpretation on them completely different from that intended by my hon. Friend.

The Minister stated that the figure would remain at £8 for some time. He clearly showed that even he and his officials had their doubts about the wisdom of refusing to accept the Amendment. The figure of £4 was raised to £8 in 1952. Now, ten years later, can the Under-Secretary of State argue that repair costs have not increased since 1952? Of course he cannot. The hon. Gentleman should have tabled an Amendment which at least showed that the Government realise that the cost of repairs to houses has increased in the last few years.

The Under-Secretary of State said that the Secretary of State would not automatically disallow any figure of £8. We know that. He said that 24 applications by local authorities to contribute less than £8 a house to their repairs account were granted. It would have been more useful if he had told us the number of local authorities which have contributed more than £8 a year per house to their

Division No. 146.]

AYES

[5.1 p.m.

Abse, LeoBeaney, AlanBraddock, Mrs. E. M.
Allaun, Frank (Salford, E.)Benson, Sir GeorgeBrockway, A. Fenner
Allen, Scholefield (Crewe)Blackburn, F.Broughton, Dr. A. D. D.
Awbery, StanBowden, Rt. Hn. H. W. (Leics, S. W.)Brown, Rt. Hon. George (Belper)
Bacon, Miss AliceBowles, FrankCallaghan, James
Baxter, William (Stirlingshire, W.)Boyden, JamesCastle, Mrs. Barbara

accounts, if he could have shown that there was none, or perhaps two; but the numbers have been growing each year. Each year, more and more local authority houses are getting older and need more repairs. I wonder whether the Under-Secretary of State took that into account.

I am sure that every local authority in Scotland would willingly accept the little extra work which would be placed on its officials if the figure of £12 were accepted. That is better than every local authority being put in the invidious position of being treated as though it were dishonest by being told "There is a big increase in the sum that you wish to put into your housing repairs account. My officials at St. Andrew's House will examine that very carefully and only when we have the result of that examination will we decide what to do." This is an attitude to local authorities which has been growing during the last ten years under a Tory Government.

5.0 p.m.

We on this side have no doubt about why this Clause has been put in the Bill and why there has been resistance to our Amendment. Under the Bill, quite a number of local authorities are to be given a £12 subsidy instead of one of £24. Which are the local authorities? They are those local authorities which, in the Minister's own words, have a big pool of houses which were built when the subsidies were higher; and if that is so. they are older houses and need much more repair.

If the Under-Secretary of State continues to resist the Amendment, we feel, and, I think, rightly, that this part of the Clause will be used as a weapon by the Government to ensure that those local authorities which are to get the £12 subsidy will be prevented from going up into the £32 subsidy category. We have no doubt about that, and it is for these reasons that we intend to vote on this Amendment.

Question put, That those words be there inserted:—

The Committee divided: Ayes 165, Noes 215.

Chapman, DonaldJones, Rt. Hn. A. Creech (Wakefield)Rankin, John
Cliffe MichaelJones, Dan (Burnley)Redhead, E. C.
Corbet, Mrs. FredaJones, J. Idwal (Wrexham)Reid, William
Craddock, George (Bradford, S.)Jones, T. W. (Merioneth)Reynolds, G. W.
Cullen, Mrs. AliceKeller, RichardRhodes, H.
Davies, G Elfed (Rhondda, E)Key, Rt. Hon. C. W.Roberts, Albert (Normanton)
Davies, Ifor (Gower)King, Dr. HoraceRoberts, Goronwy (Caernarvon)
Davies, S. O. (Merthyr)Lee, Frederick (Newton)Robertson, John (Paisley)
Deer, GeorgeLee, Miss Jennie (Cannock)Rosa, William
Dempsey, JamesLoughlin, CharlesShort, Edward
Diamond, JohnLubbock, EricSilverman, Julius (Aston)
Dodds, NormanMabon, Dr. J. DicksonSilverman, Sydney (Nelson)
Dugdale, Rt. Hon. JohnMcInnes, JamesSlater, Mrs. Harriet (Stoke, N.)
Ede, Rt. Hon. C.McKay, John (Wallsend)Slater, Joseph (Sedgefield)
Edelman, MauriceMackie, John (Enfield, East)Small, William
Edwards, Rt. Hon. Ness (Caerphilly)McLeavey, FrankSmith, Ellis (Stoke, S.)
Edwards, Walter (Stepney)MacMillan, Malcolm (Western Isles)Snow, Julian
Evans, AlbertMacPherson, Malcolm (Stirling)Soskice, Rt. Hon. Sir Frank
Fernyhough, E.Mallalieu, E. L. (Brigg)Spriggs, Leslie
Finch, HaroldManuel, ArchieSteele, Thomas
Foot, Michael (Ebbw Vale)Mapp, CharlesStewart, Michael (Fulham)
Forman, J. C.Marsh, RichardStones, William
Fraser, Thomas (Hamilton)Mellish, R. J.Strachey, Rt. Hon. John
Galtskell, Rt. Hon. HughMendelson, J. JStrauss, Rt. Hn. G. R. (Vauxhall)
Galpern, Sir MyerMillan, BruceStross, Dr. Barnett (Stoke-on-Trent, C.)
Ginsburg, DavidMilne, EdwardTaverne, D.
Gooch, E. G.Mitchlson, G. R.Taylor, Bernard (Mansfield)
Gordon Walker, Rt. Hon. P. C.Monslow, WalterThomas, George (Cardiff, W.)
Gourlay, HarryMoyle, ArthurThomas, lorwerth (Rhondda, W.)
Grey, CharlesNeal, HaroldThompson, Dr. Alan (Dunfermline)
Hamilton, William (West Fife)Noel-Baker, Rt. Hn. Philip (Derby, S.)Thomson, G. M. (Dundee, E.)
Hannan, WilliamOliver, G. H.Thorpe, Jeremy
Harper, J.Oram, A. E.Timmons, John
Hart, Mrs. JudithOswald, ThomasWainwright, Edwin
Healey, DenisOwen, WillWarbey, William
Herbison, Miss MargaretPadley, W. E.Weitzman, David
Hill, J. (Midlothian)Paget, R. T.Wells, Percy (Faversham)
Holt, ArthurPanned, Charles (Leeds, W.)Whitlock, William
Houghton, DouglasPargiter, G. A.Willey, Frederick
Hoy, James H.Parker, JohnWilliams, D. J. (Neath)
Hughes, Cledwyn (Anglesey)Pavitt, LaurenceWilliams, LI. (Abertillery)
Hughes, Emrys (S. Ayrshire)Pearson, Arthur (Pontypridd)Williams, W. R. (Openshaw)
Hunter, A. E.Peart, FrederickWillis, E. G. (Edinburgh, E.)
Irvine, A. J. (Edge Hill)Pentland, NormanWilson, Rt. Hon. Harold (Huyton)
Irving, Sydney (Dartford)Popplewell, ErnestWinterbottom, R. E.
Janner, Sir BarnettPrentice, R. E.Woodburn, Rt. Hon. A.
Jay, Rt. Hon. DouglasPrice, J. T. (Westhoughton)Yates, Victor (Ladywood)
Jeger, GeorgeProbert, Arthur
Jenkins, Roy (Stechford)Proctor, W. T.

TELLERS FOR THE AYES:

Johnson, Carol (Lewisham, S.)Randall, HarryMr. Rogers and Mr. Lawson.

NOES

Agnew, Sir PeterCary, Sir RobertFarr, John
Aitken, W. T.Channon, H. P. G.Finlay, Graeme
Allason, JamesChataway, ChristopherFisher, Nigel
Arbuthnot, JohnChichester-Clark, R.Fletcher-Cooke, Charles
Ashton, Sir HubertClark, William (Nottingham, S.)Fraser, Ian (Plymouth, Sutton)
Atkins, HumphreyCleaver, LeonardFreeth, Denzil
Balniel, LordCollard, RichardGammans, Lady
Barber, AnthonyCooper, A. E.George, J. C. (Pollok)
Barlow, Sir JohnCordeaux, Lt.-Col. J. K.Gilmour, Sir John
Barter, JohnCorfield, F. V.Glover, Sir Douglas
Batsford, BrianCostain, A. P.Glyn, Dr. Alan (Clapham)
Bell, RonaldCoulson, MichaelGlyn, Sir Richard (Dorset, N.)
Berkeley, HumphryCourtney, Cdr. AnthonyGoodhart, Philip
Bevins, Rt. Hon. ReginaldCraddock, Sir BeresfordGoodhew, Victor
Biffen JohnCurran, CharlesGower, Raymond
Biggs-Davison, JohnDalkeith, Earl ofGrant-Ferris, Wg. Cdr. R.
Birch, Rt. Hon. NigelDance, JamesGreen, Alan
Bishop, F. P.d'Avigdor-Goldsmid, Sir HenryGresham Cooke, R.
Black, Sir Cyrilde Ferranti, BasilHamilton, Michael (Wellingborough)
Bossom, CliveDigby, Simon WingfieldHarris, Frederic (Croydon, N. W.)
Bourne-Arton, A.Donaldson, Cmdr. C. E. M.Harvey, Sir Arthur Vere (Macclesf'd)
Box, DonaldDoughty, CharlesHarvey, John (Walthamstow, E.)
Boyd-Carpenter, Rt. Hon. J.Drayson, G. B.Hastings, Stephen
Boyle, Sir Edwarddu Cann, EdwardHeald, Rt. Hon. Sir Lionel
Brewis, JohnDuncan, Sir JamesHenderson, John (Cathcart)
Brooman-White, R.Eden, JohnHendry, Forbes
Brown, Alan (Tottenham)Elliot, Capt. Walter (Carshalton)Hill, Mrs. Eveline (Wythenshawe)
Browne, Percy (Torrington)Elliott, R. W. (Nwcastle-upon-Tyne, N.)Hobson, Sir John
Bryan, PaulEmery, PeterHolland, Philip
Bullard, DenysEmmet, Hon. Mrs. EvelynHollingworth, John
Campbell, Gordon (Moray & Nairn)Errington, Sir EricHopkins, Alan
Carr, Robert (Mitcham)Erroll, Rt. Hon. F. J.Hornby, R. P.

Hornsby-Smith, Rt. Hon. Dams P.More, Jasper (Ludlow)Spearman, Sir Alexander
Howard. John (Southampton, Test)Morrison, JohnSpeir, Rupert
Hughes Hallett, Vice-Admiral JohnMott-Radclyffe, Sir CharlesStodart, J. A.
Hughes-Young, MichaelNabarro, GeraldStoddart-Scott, Col. Sir Malcolm
Hurd, Sir AnthonyNeave, AireyStorey, Sir Samuel
Hutchison, Michael ClarkNicholson, Sir GodfreyStudholme, Sir Henry
Irvine, Bryant Godman (Rye)Noble, MichaelSummers, Sir Spencer (Aylesbury)
James, DavidOakshott, Sir HendrieTalbot, John E.
Jenkins, Robert (Dulwich)Orr, Capt. L. P. S.Tapsell, Peter
Jennings, J. C.Orr-Ewing, C. IanTaylor, Sir Charles (Eastbourne)
Johnson, Eric (Blackley)Page, Graham (Crosby)Temple, John M.
Kerby, Capt. HenryPage, John (Harrow, West)Thomas, Leslie (Canterbury)
Kerr, Sir HamiltonPanned, Norman (Kirkdale)Thomas, Peter (Conway)
Kershaw, AnthonyPearson, Frank (Clitheroe)Thompson, Richard (Croydon, S.)
Kimball, MarcusPercival, IanThornton- Kemsley, Sir Colin
Langford-Holt, Sir JohnPeyton, JohnTilney, John (Wavertree)
Leavey, J. A,Pitman, Sir JamesTouche, Rt. Hon. Sir Gordon
Leburn, GilmourPott, PercivallTurner, Colin
Lewis, Kenneth (Rutland)Powell, Rt. Hon. J. EnochTurton, Rt. Hon. R. H.
Lindsay, Sir MartinPrior-Palmer, Brig. Sir Othovan Straubenzee, W. R.
Linstead, Sir HughPym, FrancisVaughan-Morgan, Rt. Hon. Sir John
Litchfield, Capt. JohnQuennell, Miss J. M.Vosper, Rt. Hon. Dennis
Longbottom, CharlesRamsden, JamesWakefield, Sir Wavell (St. M'lebone)
Longden, GilbertRawlinson, PeterWalder, David
Loveys, Walter H,Redmayne, Rt. Hon. MartinWard, Dame Irene
Maclean, Sir Fitzroy (Bute& N. Ayrs.)Rees, HughWatkinson, Rt. Hon. Harold
McLean, Neil (Inverness)Rees-Davies, W. R.Wells, John (Maidstone)
Macleod, Rt. Hn. Iain (Enfield, W.)Renton, DavidWhitelaw, William
MacLeod, John (Ross & Cromarty)Ridley, Hon. NicholasWilliams, Dudley (Exeter)
McMaster, Stanley R.Ridsdale, JulianWilliams, Paul (Sunderland, S.)
Maddan, MartinRobertson, Sir D. (C'thn's & S'th'ld)Wills, Sir Gerald (Bridgwater)
Maginnis, John E.Robinson, Rt. Hn. Sir R. (B'pool, S.)Wilson, Geoffrey (Truro)
Maitland, Sir JohnRopner, Col. Sir LeonardWise, A. R.
Marlowe, AnthonyRoyle, Anthony (Richmond, Surrey)Wood, Rt. Hon. Richard
Marshall, DouglasRussell, RonaldWoodnutt, Mark
Matthews, Gordon (Meriden)Scott-Hopkins, JamesWoollam, John
Maxwell-Hyslop, R. J.Seymour, LeslieWorsley, Marcus
Maydon, Lt.-Cmdr, S. L. C.Shaw, M.
Mills, StrattonSkeet, T. H. H.

TELLERS FOR THE NOES:

Miscampbell, N.Smith, Dudley (Br'ntf'd & Chiswick)Mr. J. E. B. Hill and Mr. Peel.
Montgomery, FergusSmithers, Peter

Clause ordered to stand part of the Bill.

Clause 9—(Supplementary Powers With Respect To Subsidies For Houses Provided By Housing Associations And Development Corporations Under Authorised Or Special Arrangements)

I beg to move, in page 9, line 27, to leave out from "State" to "pay" and to insert "shall".

It may be convenient to take with this Amendment the other Amendment to Clause 9, namely, that in page 9, line 45, to leave out from "State" to "pay" and to insert "shall".

As this rotten Bill moves with indecent swiftness through its final stages, I am coming more and more to the conclusion that its purpose is not that which the Secretary of State has so often claimed for it—the stimulating of house building in Scotland. I believe that it has a two-fold objective. The first is, by various devious devices, certainly not in keeping with the dignity with the Secretary of State or even a Tory Government, so to frame legislation that it will ultimately relieve the Government of any financial contribution to house building in Scotland. The Bill shows a determined desire so to arrange financial matters and to give the Secretary of State such power that ultimately he will be able to tell local authorities that they are to get nothing from the Government to help them with their terrible housing problems.

The other and more dangerous objective is to elevate the Secretary of State to the rôle of dictator. The offending phrase which we are seeking to delete from Clause 9,
"may, if he thinks fit",
is the language of the bully. It is arrogant to say to people who ought to be regarded as partners, "I am the big boy and you will do as I think fit". That is not an attitude which should be adopted towards democratically elected public representatives. I do not know how new this phrase is, but it occurs too often in the Bill and a number of our Amendments have been directed towards its deletion.

Local authorities are doing their best. It is they who build the houses. Although the Government claim credit for a tremendous increase in the number of houses which have been provided, those who do the work are the very people who are insulted throughout the Bill. Our Amendment says, in effect, "Mr. Secretary of State, there are other people as interested and more interested in house building than you are, and you must deal with them in a reasonable and just fashion".

5.15 p.m.

If, as I hope, the Amendment is accepted, the Clause will read:
"The Secretary of State shall pay to the local authority a sum equivalent to any subsidy …".
What is proposed in Clause 9 is that when a housing association or development corporation defaults in the arrangement which it has made with the local authority, the local authority will automatically be vested with the houses with which the association or corporation was concerned.

It is only natural that the local authority should take over from a defaulting housing association or development corporation. But if it falls heir to a project, it should also fall heir to the rights which go with the project, namely, the subsidy. But in subsection (2, a) the Secretary of State says that no further subsidy shall be paid, but that in certain circumstances, "if he thinks fit", he may pay to the local authority a sum equivalent to any subsidy which would have been paid.

Let us examine this provision in some detail and apply it to a given situation. Housing associations are entirely new. They are experimental. We do not know how they will develop. In that state of newness, one can expect many difficulties, and I expect a great crop of difficulties which will lead to the abandonment of people who have entered such associations with the best possible purposes only to find ultimately that they are overwhelmed by the project which has to be abandoned and left half finished. It may be completed, but if it is unfinished the local authority will be asked to take it over. The subsidy will stop and, if the Secretary of State thinks fit. he may grant the local authority the sum equivalent to the subsidy which would have been paid.

It is not reasonable to expect a local authority to carry on with a project when it is uncertain of the economic mood of the Secretary of State, on which will depend whether he will continue the subsidy or say that it is not an occasion which warrants the continuance of the subsidy. Why should a local authority be at the whim and caprice and mood of the Secretary of State at any time? That could lead to a local authority justifiably declaring that in those circumstances it would have nothing to do with a project of that kind, for it is entitled to know exactly where it stands.

If we total up all the "if he thinks fits" and all the other qualifications, we see that local authorities are to be left completely uncertain about future contributions from the Exchequer. This is deliberate policy and not something which has happened merely by chance, for the phrase "if he thinks fit" in this Clause follows the rest of the purpose of the Bill, with which the Opposition are in total disagreement.

When a local authority accepts the responsibilities, it should also have the rights which go with them. I hope that we shall not be told that this phrase is used in other Bills. We are not now dealing with what has gone before. It is too easy to wriggle out of a situation by saying that this has been done before. We are concerned with a housing situation on which very little impact has been made. The Secretary of State puts on a front by saying that he is anxious to help, but his actions seem to show that he has some other objective.

I hope that if the right hon. Gentleman accepts the Amendment he will follow it by accepting others and will categorically tell local authorities that if they take over responsibility from a housing association or development corporation he will pay them a sum equivalent to any subsidy which would have been paid, so that they are not left in this state of uncertainty.

I do not for one moment expect that the Under-Secretary of State for Scotland will accept this Amendment, because if it were carried it would completely thwart the purpose of the Government, which is to take every possible power out of the hands of the democratically elected representatives of the people and concentrate it in the hands of the Secretary of State for Scotland or the Under-Secretary of State. In future, as regards rents, subsidies and policy, the Under-Secretary of State will be a "tinpot Hilter".

We were told during the last war that it was a war against dictatorship, but most dictators come from inside a country and not from outside. I am not sure whether, in dealing with housing, Hitler would not have been a far more democratic person than the Secretary of State for Scotland or the Under-Secretary of State. In many ways the Under-Secretary of State is like Hitler, except that he does not have his moustache.

My hon. Friend reminds me that Hitler was a painter. At least, therefore, he knew something about houses, and I am sure that if he were responsible for housing he would exercise more intelligence and discretion than we can expect from the Secretary of State or the Under-Secretary of State.

The Government are here taking powers away from the democratically elected representatives of the people concerned. The Ayrshire County Council is dominated by Socialists, but they understand the housing needs of the area and were returned to the county council by the small burghs and by the landward areas largely because they were pledged to do something to change the appalling housing situation that has existed for so long in Scotland, but which in Ayrshire at any rate has to some extent been remedied by the progressive policies of the county council and the town council.

For many years I was provost of the burgh and member of the Cumnock Town Council. We had a progressive policy, as a result of which 90 per cent. of the houses are now owned by the municipality, and we resent power being taken out of the hands of the people who were sent to the town hall and put in the hands of somebody who is remote from the area concerned.

I know that the Secretary of State for Scotland does not like Cumnock Town Council. This is because of its policy of cheap rents. I do not want to go into the history of housing development in the area, but the town council has had to fight to make Cumnock Burgh one of the best towns for housing not only in Scotland, but in the country and, indeed, in the world. We have had to fight reactionary people. The reactionary landlord who supported the Government did his best to prevent houses being built, and we had to put a compulsory purchase order on him. Again, we had to go to arbitration over the cost of the land. Here again we were successful. In fact, the arbitrator gave less to the landlord than the town council were prepared to give him.

The more these small towns have asserted their democratic rights, the more jealous the Secretary of State for Scotland has become, and now the Government propose to whittle away the authority of the town and county councils so that they can concentrate power in the hands of the bureaucracy in St. Andrew's House; a bureaucracy which is taking its cue from the Conservative hierarchy throughout Scotland.

We know what is happening in Scotland. The people in the big house see democracy encroaching on their preserves. They do not like these housing schemes. They prefer houses dominated by local landlords. But now that these houses are being built, they have said to themselves, "We will allow them to build houses under certain restrictions, but we will retain power to fix the rents and to prevent any further advance by democracy."

This Bill takes us back to the seventeenth century.

Order. I think that the hon. Member is going a long way from the Amendment that we are now debating.

It is a long way back to the seventeenth century, but the Minister is—

That is precisely what I, too, am complaining about. However, Sir William, I am glad to see that we are not at cross-purposes.

I want to see the Bill so amended that powers will not be taken away from local authorities; that powers will not be put in the hands of a "tinpot Hitler" or a "tinpot Stalin", but that the local authorities will have power to administer housing in the way they have done up to now and as a result of which they have made such good progress.

May I call the attention of the hon. Gentleman to the fact that the same words occur in the 1950 Act? Section 87 (2, b), says:

"the Secretary of State may, if he thinks fit …"
Why is it that in those days the hon. Gentleman did not say that the Secretary of State for Scotland was a "tinpot dictator" or a "tinpot Molotov"?

If the hon. Gentleman had been here at the time he would know that I said a good many things then that I am saying now. One can use the same form of words to create bigger powers in a different way in a different setting and in a different Clause. The hon. Gentleman is an adolescent in these matters. As regards housing, he has not cut his wisdom teeth.

I hope that these Amendments will not be resisted and that the Under-Secretary of State for Scotland will say that he does not propose to usurp the powers of the people who are sent to the organs of local authority to represent ordinary people.

I hope that the hon. Member for Galloway (Mr. Brewis) appreciates that we are serious about this Amendment. Apart from the fact that he took us back to 1950, he must appreciate that we are clear here dealing with something that is being enacted for the first time. We are dealing not only with authorised arrangements made between a local authority and housing association corporations, but between the Secretary of State for Scotland and the corporations. What may have been applicable in 1950 is not entirely relevant now.

Apart from that, there is now a different attitude to housing from what there was in 1950, because until 1957 the Government were prepared to meet rising costs and rising interest rates by increased subsidies. We then entered a new housing era in Scotland.

This is a very narrow point. The Clause deals with authorised arrangements which have been made between a local authority and a housing association or corporation. The words "authorised arrangements" lead one to ask who authorised them? That person is the Secretary of State. The other arrangements are those made between the Secretary of State directly with the corporations or housing associations, so once again the Secretary of State authorises.

5.30 p.m.

We start with that, and then assume that these authorised arrangements have broken down and that the housing association or the corporation is in default. By virtue of the terms of the authorised arrangement the houses become vested in the local authority. This is where the grouse comes. If nothing had happened in relation to the authorised arrangements made between the local authority and the housing association a subsidy would have been payable, and would have continued to be payable not directly to the housing association but to the local authority, which would then pass it on to the housing association.

If, in these default circumstances, the house is vested with the local authority, why on earth, in this day and age—never mind what happened at any other time, or what words were included at any other time—should the Secretary of State take unto himself a discretionary power? Why should he decide to pay this to the local authority "if he thinks fit"? To me, those are rather insulting words. Before the question of default is mentioned in the Clause there is no mention of the Secretary of State's changing the subsidy payable to a local authority, to be passed on to a housing association "if he thinks fit". At the beginning of the Clause it is provided that the Secretary of State shall do so if he thinks that it is just. But the question of justice does not arise; it is purely a question of arrogance. It is purely and simply befuddled, bureaucratic arrogance.

If the Under-Secretary thinks that it is essential to retain these words, will he explain what the rest of the subsection means? It reads:
"the Secretary of State may, if he thinks fit, pay to the local authority a sum equivalent to any subsidy "—
and then come the words to which I wish to draw attention, and which to my mind construct a barrier of injustice—
"which would, after the said time, have become payable to them under this Part of this Act in respect of the house if all conditions precedent to the payment of the subsidy had been at all material times observed",
that is to say, if conditons were such that the question of default had never arisen.

If the question of default had never arisen the subsidy would have been payable. It would have been mandatory to pay it. All that we suggest is that if those conditions apply there is no justice in giving the Secretary of State power to withhold payment "if he thinks fit". I hope that my hon. Friends will support the Amendment.

The hon. Member for Glasgow, Shettleston (Sir M. Galpern) began by discussing the whole purpose of the Bill. It would be better if we left that aspect of his speech until the Third Reading. The effect of the Amendment would be to delete the words

"may, if he thinks fit"
and replace them by the one word "shall". This would make it obligatory upon the Secretary of State to pay to a local authority, when a housing association because became vested in it, a sum equivalent to the subsidy which would have been payable in respect of the house if it had remained in the ownership of the association.

Subsection (2), in effect, empowers the transfer of a subsidy from a housing association to a local authority when a house built by the association, with the aid of a subsidy, under authorised arrangements, becomes vested in the local authority. Subsection (4) applies the same provision to special arrangements. The principle behind these provisions is in no sense new. It is merely a continuation of the power contained in Section 87 of the 1950 Act. The hon. Member for Glasgow, Shettleston need not wave his hand; I am coming to his argument in a moment. The 1950 Act made the transfer of a subsidy subject to the discretion of the Secretary of State in the same way as is now proposed. There is nothing new in this power.

The Secretary of State is new; but he has been going for longer than any other Secretary of State.

I may say that the provision contained in the 1950 Act, including the permissive power, had its origin in Section 11 (1) of the 1946 Housing Act, which was enacted by a Labour Administration.

The hon. Member may not have been here, but some of his hon. Friends were here. I cannot understand why hon. Members opposite find this power objectionable now, when it has been in operation for so long.

The reason that we find it so objectionable is that the whole purpose of this Bill is diametrically opposed to that of the one referred to.

The hon. Member said that the words he seeks to delete are arrogant, and were words such as would issue from the mouth of a bully. All I can say is that they have been issuing from the mouths of hon. Members opposite, and that if we on this side are guilty of being bullies they are equally guilty. Theirs is an utterly nonsensical argument.

Let me explain the position. There may be an element of misunderstanding; I hope that there is. In the normal course of events no subsidy is payable to a local authority for houses which it acquires by purchase. An exception is made when a housing association house becomes vested in the local authority. The reason for that exception is that housing association houses are themselves subsidised, and the association providing subsidised houses is, in effect, thus supplementing the building programme of the local authority. Accordingly, the Bill proposes to continue the provisions of previous Acts, whereby, when such a house is sold or otherwise passes to the local authority, the subsidy may continue to be paid to the local authority and shall be retained by it instead of being handed to the association.

I can assure the hon. Member that where a housing association house becomes vested in a local authority a payment to that authority, in lieu of subsidy, is likely to be made in virtually every case. In our opinion, however, it would be wrong to make it obligatory, as the Amendment seeks to do, for the Secretary of State to make a payment irrespective of the circumstances of the takeover or the purposes for which the local authority intended to use the house. We appear to differ only on that very small point.

It is conceivable that upon acquiring a house from a housing association a local authority would intend to use it to accommodate members of its own staff, or for some other purpose for which, as the hon. Member will appreciate, a subsidy is not payable. Surely he is not contending that in those circumstances a subsidy should be paid. It is only

Division No. 147.]

AYES

[5.41 p.m.

Agnew, Sir PeterCurran, CharlesHenderson, John (Cathcart)
Aitken, W. T.Dalkeith, Earl ofHendry, Forbes
Allason, Jamesd'Avigdor-Goldsmid, Sir HenryHill, Mrs. Eveline (Wythenshawe)
Arbuthnot, Johndo Ferranti, BasilHill, J. E. B. (S. Norfolk)
Ashton, Sir HubertDigby, Simon WingfieldHolland, Philip
Atkins, HumphreyDonaldson, Cmdr. C. E. M.Hollingworth, John
Balniel, LordDoughty, CharlesHopkins, Alan
Barber, AnthonyDrayson, G. B.Hornby, R. P.
Barlow, Sir Johndu Cann, EdwardHornsby-Smith, Rt. Hon. Dame P.
Barter, JohnDuncan, Sir JamesHoward, John (Southampton, Test)
Batsford, BrianEden, JohnHughes Hallett, Vice-Admiral John
Bell, RonaldElliot, Capt. Walter (Carshalton)Hughes-Young, Michael
Berkeley, HumphryElliott, R. W. (Nwcastle-upon-Tyne, N.)Hurd, Sir Anthony
Bevins, Rt. Hon. ReginaldEmery, PeterHutchison, Michael Clark
Bitten, JohnEmmet, Hon. Mrs. EvelynIrvine, Bryant Godman (Rye)
Biggs-Davison, JohnErrington, Sir EricJames, David
Birch, Rt. Hon. NigelErroll, Rt. Hon. F. J.Jennings, J. C.
Bishop, F. P.Farr, JohnJohnson, Eric (Blackley)
Black, Sir CyrilFinlay, GraemeKerby, Capt. Henry
Bossom, CliveFisher, NigelKerr, Sir Hamilton
Bourne-Arton, A.Fletcher-Cooke, CharlesKershaw, Anthony
Box, DonaldFoster, JohnKimball, Marcus
Boyd-Carpenter, Rt. Hon. J.Fraser, Ian (Plymouth, Sutton)Langford-Holt, Sir John
Brewis, JohnFreeth, DenzilLeavey, J. A.
Brooman-White, R.Gammans, LadyLeburn, Gilmour
Brown, Alan (Tottenham)George J. C. (Pollok)Lewis, Kenneth (Rutland)
Browne, Percy (Torrington)Gilmour, Sir JohnLindsay, Sir Martin
Billiard, DenysGlover, Sir DouglasLinstead, Sir Hugh
Butler, Rt. Hn. R. A. (Saffron Walden)Glyn, Dr. Alan (Clapham)Litchfield, Capt. John
Campbell, Gordon (Moray & Nairn)Glyn, Sir Richard (Dorset, N.)Longbottom, Charles
Carr, Robert (Mitcham)Goodhart, PhilipLongden, Gilbert
Cary, Sir RobertGoodhew, VictorLoveys, Walter H.
Channon, H. P. G.Gower, RaymondLucas-Tooth, Sir Hugh
Chichester-Clark, R.Grant-Ferris, Wg. Cdr. R.McLaughlin, Mrs. Patricia
Clark, William (Nottingham, S.)Green, AlanMaclean, SirFitzroy (Bute&N. Ayrs.)
Cleaver, LeonardGresham Cooke, R.McLean, Neil (Inverness)
Collard, RichardHarris, Frederic (Croydon, N. W.)Macleod, Rt. Hn. Iain (Enfield, W.)
Cooper, A. E.Harris, Reader (Heston)MacLeod, John (Ross & Cromarty)
Cordeaux, Lt.-Col. J. K.Harvey, Sir Arthur Vere (Macclesf'd)McMaster, Stanley R.
Corfield, F. V.Harvey, John (Walthamstow, E.)Macpherson, Niall (Dumfries)
Costain, A. P.Hastings, StephenMaddan, Martin
Coulson, MichaelHay, JohnMaginnis, John E.
Courtney, Cdr. AnthonyHeald, Rt. Hon. Sir LionelMaitland, Sir John
Craddock, Sir BeresfordHeath, Rt. Hon. EdwardMarshall, Douglas

logical, therefore, that before agreeing to the payment of a housing subsidy in respect of such a house the Secretary of State should have a similar discretion to that which he has in relation to new local authority houses, and should be able to decide whether a payment in lieu of subsidy should be made. This is really a very narrow point. The decision of the Government is reasonable, and I hope that for once the Opposition will try to understand why we have included these words. I understand why they do not like them, but the purpose is to give a discretion to the Secretary of State so that he shall not be obliged in every case—in some of which it might be improper to do so—to continue the payment of subsidy.

For these reasons, I regret that I cannot accept the Amendment.

Question put, That the words proposed to be left out stand part of the Clause:—

The Committee divided: Ayes 219, Noes 174.

Matthews, Gordon (Meriden)Redmayne, Rt. Hon. MartinThomas, Leslie (Canterbury)
Maxwell-Hyslop, R. J.Roes, HughThomas, Peter (Conway)
Maydon, Lt.-Cmdr. S. L. C.Rees-Davies, W. R.Thompson, Kenneth (Walton)
Mills, StrattonRenton, DavidThompson, Richard (Croydon, S.)
Miscampbell, N.Ridley, Hon. NicholasThornton-Kemsley, Sir Colin
Montgomery, FergusRidsdale, JulianTilney, John (Wavertree)
More, Jasper (Ludlow)Robertson, Sir D. (C'thn's & S'th'ld)Touche, Rt. Hon. Sir Gordon
Morrison, JohnRobinson, Rt. Hn. Sir R. (B'pool, S.)Turner, Colin
Mott-Radclyffe, Sir CharlesRopner, Col. Sir LeonardTurton, Rt. Hon. R. H.
Nabarro, GeraldRoyle, Anthony (Richmond, Surrey)van Straubenzee, W. R.
Neave, AireyRussell, RonaldVaughan-Morgan, Rt. Hon. Sir John
Noble, MichaelScott-Hopkins, JamesVosper, Rt. Hon. Dennis
Oakshott, Sir HendrieSeymour, LeslieWakefield, Sir Wavell (St. M'lebone)
Orr, Capt. L. P. S.Shaw, M.Walder, David
Orr-Ewing, C. IanSkeet, T. H. H.Wall, Patrick
Osborn, John (Hallam)Smith, Dudley (Br'ntf'd & Chiswick)Ward, Dame Irene
Page, Graham (Crosby)Smithers, PeterWatkinson, Rt. Hon. Harold
Page, John (Harrow, West)Smyth, Brig. Sir John (Norwood)Wells, John (Maidstone)
Pannell, Norman (Kirkdale)Spearman, Sir AlexanderWilliams, Dudley (Exeter)
Pearson, Frank (Clitheroe)Speir, RupertWilliams, Paul (Sunderland, S.)
Peel, JohnStanley, Hon. RichardWills, Sir Gerald (Bridgwater)
Perclval, IanStodart, J. A,Wilson, Geoffrey (Truro)
Peyton, JohnStoddart-Scott, Col. Sir MalcolmWise, A. R.
Pott, PercivallStudholme, Sir HenryWood, Rt. Hon. Richard
Powell, Rt. Hon, J. EnochSummers, Sir Spencer (Aylesbury)Woodnutt, Mark
Prior-Palmer, Brig. Sir OthoTalbot, John E.Woollam, John
Pym, FrancisTapsell, PeterWorsley, Marcus
Quennell, Miss J. M.Taylor, Sir Charles (Eastbourne)
Ramsden, JamesTeeling, Sir William

TELLERS FOR THE AYES:

Rawlinson, PeterTemple, John M.Mr. Whitelaw and
Mr. Michael Hamilton.

NOES

Abse, LeoHall, Rt. Hn. Glenvil (Colne Valley)Mitchison, G. R.
Albu, AustenHamilton, William (West Fife)Monslow, Walter
Allaun, Frank (Salford, E.)Hannan, WilliamMoyle, Arthur
Allen, Scholefield (Crewe)Harper, JosephNeal, Harold
Awbery, StanHart, Mrs. JudithNoel-Baker, Rt. Hn. Philip (Derby, S.)
Bacon, Miss AliceHayman, F. H.Oliver, G. H.
Baxter, William (Stirlingshire, W.)Healey, DenisOram, A. E.
Beaney, AlanHenderson, Rt. Hn. Arthur (Rwly Regis)Oswald, Thomas
Benson, Sir GeorgeHerbison, Miss MargaretOwen, Will
Blackburn, F,Hill, J. (Midlothian)Padley, W. E.
Blyton, WilliamHolman, PercyPannell, Charles (Leeds, W.)
Bowden, Rt. Hn. H. W. (Leics. S. W.)Holt, ArthurPargiter, G. A.
Boyden, JamesHoughton, DouglasParker, John
Braddock, Mrs. E. M.Hoy, James H.Pavitt, Laurence
Brockway, A. FennerHughes, Cledwyn (Anglesey)Pearson, Arthur (Pontypridd)
Brown, Rt. Hon. George (Belper)Hughes, Emrys (S. Ayrshire)Peart, Frederick
Callaghan, JamesHunter, A. E.Pentland, Norman
Castle, Mrs. BarbaraHynd, H. (Accrington)Popplewell, Ernest
Chapman, DonaldIrvine, A. J. (Edge Hill)Prentice, R. E.
Cliffe, MichaelIrving, Sydney (Dartford)Price, J. T. (Westhoughton)
Corbet, Mrs. FredaJanner, Sir BarnettProbert, Arthur
Craddock, George (Bradford, S.)Jay, Rt. Hon. DouglasPursey, Cmdr. Harry
Cronin, JohnJenkins, Roy (Stechford)Randall, Harry
Cullen, Mrs. AliceJohnson, Carol (Lewisham, S.)Rankin, John
Davies, G. Elfed (Rhondda, E.)Jones, Dan (Burnley)Reld, William
Davies, Ifor (Gower)Jones, Elwyn (West Ham, S.)Reynolds, G. W.
Davies, S. O. (Merthyr)Jones, J. Idwal (Wrexham)Rhodes, H.
Deer, GeorgeJones, T. W. (Merioneth)Roberts, Albert (Normanton)
Dempsey, JamesKelley, RichardRoberts, Goronwy (Caernarvon)
Diamond, JohnKey, Rt. Hon. C. W.Robertson, John (Paisley)
Dodds, NormanKing, Dr. HoraceRobinson, Kenneth (St. Pancras, N.)
Dugdale, Rt. Hon. JohnLawson, GeorgeRogers, G. H. R. (Kensington, N.)
Ede, Rt. Hon. C.Lee, Frederick (Newton)Ross, William
Edelman, MauriceLee, Miss Jennie (Cannock)Short, Edward
Edwards, Rt. Hon. Ness (Caerphilly)Loughlin, CharlesSilverman, Julius (Aston)
Edwards, Walter (Stepney)Lubbock, EricSilverman, Sydney (Nelson)
Evans, AlbertMabon, Dr. J. DicksonSlater, Mrs. Harriet (Stoke, N.)
Fernyhough, E.McInnes, JamesSlater, Joseph (Sedgefield)
Finch, HaroldMcKay, John (Wallsend)Small, William
Fletcher, EricMackie, John (Enfield, East)Smith, Ellis (Stoke, S.)
Foot, Michael (Ebbw Vale)McLeavy, FrankSnow, Julian
Forman, J. C.MacMillan, Malcolm (Western Isles)Sorensen, R. W.
Fraser, Thomas (Hamilton)MacPherson, Malcolm (Stirling)Soskice, Rt. Hon. Sir Frank
Gaitskell, Rt. Hon. HughMallalieu, E. L. (Brigg)Spriggs, Leslie
Galpern, Sir MyerManuel, ArchieSteele, Thomas
Ginsburg, DavidMapp, CharlesStewart, Michael (Fulham)
Gooch, E. G.Marsh, RichardStones, William
Gordon Walker, Rt. Hon. P. C.Mason, RoyStrachey, Rt. Hon. John
Gourlay, HarryMendelson, J. J.Strauss, Rt. Hn. G. R. (Vauxhall)
Grey, CharlesMillan, BruceSwain, Thomas
Griffiths, David (Rother Valley)Milne, EdwardTaverne, D.

Taylor, Bernard (Mansfield)Warbey, WilliamWillis, E. G. (Edinburgh, E.)
Thomas, George (Cardiff, W.)Weitzman, DavidWilson, Rt. Hon. Harold (Huyton)
Thomas, lorwerth (Rhondda, W.)Wells, Percy (Faversham)Winter-bottom, R. E.
Thompson, Dr. Alan (Dunfermline)Whitlock, WilliamWoodburn, Rt. Hon. A.
Thomson, G. M. (Dundee, E.)Willey, FrederickYates, Victor (Ladywood)
Thorpe, JeremyWilliams, D. J. (Neath)
Timmons, JohnWilliams, LI. (Abertillery)

TELLERS FOR THE NOES:

Wainwright, EdwinWilliams, W. R. (Openshaw)Mr. Redhead and Dr. Broughton.

Clause ordered to stand part of the Bill.

Clause 24—(Determination Of Unfitness For Human Habitation)

I beg to move, in page 21, to leave out line 42 and to insert:

(g) a separate indoor water supply for each house.

It might be convenient if the two Amendments in page 21, leave out lines 43 and 44 and insert

(h) a hot water supply at a fixed bath or shower in a bathroom and at a wash-hand basin, and at a sink.
and in line 44, at end insert:
"including a separate water closet for each house."
were discussed with this Amendment.

The items (a) to (k) in subsection (1) of this Clause were laid down many years ago and I think that we should set our sights higher in 1962. Can anyone say that it is wrong to insist on a separate indoor water supply for each house; or a hot water supply at a fixed bath or shower in a bathroom or wash-hand basin, or even in a sink; or a separate water closet for each house? The houses in the constituency which I have the honour to represent never had these facilities, and if the Government are not prepared to accept this Amendment they will stand condemned by public opinion throughout Scotland as a Government who are interested not in house building but merely in saving money.

I am very surprised to see that there are apparently so few Members on the benches opposite who wish to speak—

On a point of order, Sir Robert. On two occasions the Under-Secretary has made that sort of remark. Are you aware, as the occupant of the Chair, that we are working to a Guillotine Motion and that we have to get these matters discussed as quickly as we can?

I merely thought that if other Members wished to speak and were waiting for me to speak first, it would be better if it were the other way round.

We thought that this Amendment was so reasonable that the Under-Secretary would agree to it.

The right hon. Member cannot have been in the Committee. If he had been, he would realise that I am not going to accept it.

The three Amendments to which the hon. Lady the Member for Glasgow, Gorbals (Mrs. Cullen) has referred so movingly all propose to amend the list of items in Clause 24 (1) to be taken into consideration in determining whether a house is unfit. Their effect is, first, to delete item (g) "adequacy and accessibility of water supply" and to substitute "a separate indoor water supply for each house"; secondly, to delete item (h) "adequacy and accessibility of sanitary and other conveniences" and to substitute "a hot water supply at a fixed bath or shower in a bathroom and at a wash-hand basin, and at a sink"; thirdly, to amend "adequacy and accessibility of sanitary and other conveniences" to read "adequacy and accessibility of sanitary and other conveniences including a separate water closet for each house".

The discussion on a similar Amendment in Committee showed that, as a matter of drafting, the words proposed on that occasion by the hon. Member for Lanarkshire, North (Miss Herbison) did not fit very neatly into the pattern of the Clause. That is not a reason for rejecting the Amendment out of hand because, of course, drafting deficiencies can be put right. There seems, however, to be some misunderstanding among hon. Members opposite about what Clause 24 sets out to do. There also seems to be some difference of opinion as to what they want it to do. On the one hand the hon. Member for Lanarkshire, North seemed to agree in Committee that the object of the Clause was to set out matters to which a local authority should have regard in deciding whether a house is unfit. That is our view of what the Clause is intended to do. On the other hand, the hon. Member for the Gorbals seemed just now to be tempted by the idea that a house might be condemned, more or less automatically, if it lacked one of these specified amenities. She used the words, "We should insist".

If that is what hon. Members opposite really want, it is a very different matter from what the hon. Lady was proposing. It is a departure from the whole conception of Clause 24 and the existing provisions which it replaces in Section 184 (2) of the 1950 Act. That Section states that in determining whether a house is fit, a local authority are to have regard to the extent to which it falls short of the standards set by the local building regulations. Clause 24 retains the same principle. It requires local authorities to have regard to certain factors, and items (a) to (k) in the Clause are specific features to which they are required to have regard. None of these items by itself decides whether a house is fit or unfit. I think that the hon. Lady, in moving the Amendment, indicated that if a house did not have, for example, an internal lavatory it should automatically be considered unfit. What matters is whether a house is so far defective in one or more of these respects that it is not reasonably suitable for occupation in that condition.

6.0 p.m.

We have had so many houses of this type in the Gorbals, which were slums as soon as they were built, that we want to get rid of them all.

I am absolutely with the hon. Lady—[HON. MEMBERS: "Oh."]—yes, certainly. I am convinced that—

I am not a "proper square". I am a round peg in a round hole.

As it stands, the Clause sets out eleven items to which a local authority shall have regard. It does not say what standard the local authority should look for under each of these headings. For example, there are references to the general state of repair and to the adequacy of the water supply and to the sanitary conveniences. Clearly, under each of these headings it would be possible to give fuller guidance about the particular requirements to be looked for; no doubt this is what the hon. Lady had in mind in relation to the items she was discussing.

There are two points I wish to make. First, it does not seem right to go into detail on these items only and not on the others. Surely structural stability, to take one example, is no less important than whether there is a bath on the premises. The lighting and the amount of air are important, but we do not go into detail about them. Why, therefore, should we go into detail about sanitation?

Secondly, it is not really necessary to invite a local authority to have regard specifically to the presence or absence of certain amenities. It comes strangely from hon. Members opposite to suggest that local authorities do not know, without being told in a Statute, that a house without a separate w.c. or water supply falls short of adequate modern standards. In considering whether a house is unfit, a local authority would automatically award a good mark if it had a hot water supply and a bad mark if it had not. Those hon. Members opposite, who have had wide experience of local authority work, know this very well. Local authorities know what a good house is like and, by comparison, when a house does not measure up to the proper standards. I therefore suggest that it is not necessary to specify these items in the Clause.

I assure the Committee, however, that when the Bill becomes law we shall take the opportunity to give guidance in a covering circular about the way in which local authorities should exercise their powers and particularly about the importance of certain specific items. But it would still remain the case that no single item would determine whether a house was or was not unfit. The local authority would still have to decide—I think it is right that it should—whether, having regard to the condition of the house in each of these various respects, it was or was not reasonably suitable for occupation. With this explanation, I hope that the hon. Lady will agree that I have made the matter clearer to her and will feel disposed to withdraw the Amendments.

I am quite certain that the brief which has been read out by the Under-Secretary could not possibly have been supplied by any official from the Department of Health—it is so terribly poor that it must be the Minister's own brief. We were bedevilled during the Committee stage proceedings by the Minister reading a brief which gave answers to points that we had not raised but which his officials thought that we might raise.

I wish to draw the attention of the Minister to the first part of this Clause, which states:
"In determining for any of the purposes of the Act of 1950 whether a house is unfit for human habitation regard shall be had"—
I wish to repeat that—
"regard shall be had to its condition in respect of the following matters …".
Then we are given a list of the matters to which the local authority must have regard before it decides that a house is unfit for human habitation. Hon. Members on this side of the House looked at these matters and decided that, in 1962, it was time that local authorities had regard to certain specific matters when deciding whether a house was unfit for human habitation.

The Under-Secretary said that it was not right to go into details on these matters since we had not gone into details on other matters. If the hon. Gentleman will accept the details which we have gone into on these three matters, I can assure him that during the Committee stage proceedings in another place we shall see to it that similar details are provided for the other matters, if that is the main objection from the hon. Gentleman. He could help us to ensure that the kind of details which he thinks should go in for all, or for none, shall go in for all.

I am sure that the hon. Lady does not wish to be unfair. I was suggesting that if we put in all the details for some matters we ought to put in details for the lot, and that if we did that we should not have the faith in the discretion and judgment of local authorities which the Opposition is always suggesting that the Government ought to have.

I think that is the "phoniest" argument which we have heard in the whole of these discussions. Hon. Members on this side of the House regard members of local authorities as responsible people. We know that local authorities will have regard to these matters either as they appear in the Bill now or as they would appear were the Clause amended as we desire.

I wish to emphasise the point made by my hon. Friend the Member for Glasgow, Gorbals (Mrs. Cullen) about houses in Glasgow and to say that there are similar houses in the Highlands and in our Scottish villages. There are many families in Scotland who have to share the use of one water closet.

Is that what the Under-Secretary and the Tory Government consider to be correct? If not, they have no argument at all for not putting specifically in the Statute that regard must be had to the necessity for each family to have a water closet.

The second item relates a water supply for each house. I have constituents in houses in my own village where six people have to share one sink on a landing and one water supply. In some parts of the Highlands conditions are much worse than that. Is it wrong that in 1962 we should ask that when a local authority is considering whether a house should be condemned one of the specific needs which it ought to take into account is whether there is a separate water supply for each family. If the Government think it wrong that that should be so, it shows just how little they think about the needs of our people.

What about a hot water supply? Is there any hon. Member opposite who does not consider a hot water supply an absolute necessity in his own home?

Hon. Members on this side of the Committee think the same, but we also think that conditions should be the same in all the homes in Scotland, and that is where we differ from hon. Members opposite.

What is wrong in putting into this Clause a reference to the need for a hot water supply in the bathroom or for a shower, or a sink? The hon. Gentleman has given no valid reason, but places the responsibility fairly and squarely on the shoulders of members of local authorities. If we could raise the sights of local authorities a little higher, some local authorities, particularly Tory-controlled local authorities—might feel a greater urgency to get rid of houses which we consider unfit for habitation. Unless the Under-Secretary will state that he is ready to accept the Amendment, we shall have no alternative but to take it to a division.

I wish to support what my hon. Friend the Member for Lanarkshire, North (Miss Herbison) has said in her reference to houses outside urban areas as well as those in them. She rightly referred to houses in the Highlands and Islands which still not only have no hot water supply, but have no communal piped cold water supply.

I think that this Amendment is right. As my hon. Friend said, we should set our sights higher. It seems that the lower the standards that are set, the more likely are they to be completely ignored. The wrong type of local authority is only too glad to escape obligations which are not clearly defined and which it is not strictly enough obliged to apply. The Minister as well as the local authority has a duty. He has a duty to see that the statutory obligations of local authorities are carried out by those local authorities. Where they are not carried out, he cannot escape condemnation for the local authority's failure. He has a financial respon- Sibility and also a general statutory responsibility.

The Secretary of State for Scotland has direct responsibility for many hundreds of houses on Department of Agriculture estates in the Highlands and Islands many of which are still with no sort of water supply—let alone a hot water supply, to which my hon. Friend the Member for Glasgow, Gorbals (Mrs. Cullen) referred to as an absolute minimum necessity. The Minister has been shirking his duty and continues to do so in not making the necessary money for communal water supplies available, without which local authorities cannot satisfy the demands of the Acts which are already in being, apart from what we ask in these Amendments, and provide piped water supplies to individual tenants of rural houses.

The Under-Secretary asked that the Government should not be pressed to give any more detail in defining what local authorities have to have regard to in considering the possibility of having to condemn a house or impose a closing order. With what is already in the Bill we have enough to condemn certain local authorities, and hundreds—indeed thousands—of houses on their failure to satisfy the requirements about adequacy and accessibility of water supply, plus adequacy and accessibility of sanitary and other conveniences. A closing order could almost certainly now be put on thousands of houses in the rural areas of Scotland. The Minister must know that that is true.

That is largely because many local authorities have not carried out their existing duties and statutory obligations to provide a water supply, and Governments have not tried very hard to see that those local authorities do carry out their obligations. For example, the Minister has been writing to local authorities in Inverness-shire. Those authorities wanted, however belatedly, to get on with their plans for water supplies, which were almost ready; but, because in July last they were not ready in detail—the detail which the Under-Secretary so much abhors in these Amendments—they were told by the Secretary of State that their schemes would come under the latest economy axe. The result is that in respect of the southern area of South Uist, which is so popular an island for rocket ranges and defence installations of all kinds, the county council has been told that because it had not the last dot and stroke written into its schemes, those water schemes would be put off indefinitely.

One result is that a group of county council houses, in order to satisfy the law, have to be tacked on to an already inadequate school water supply. The school water supply is itself so inadequate that there was a panic some time ago over an outbreak of polio. Some people thought that indirectly, if not directly, the outbreak was due to the poor and inadequate water supply of the school. Yet this water supply has to be tacked on to a new group of houses. It is absolutely unpardonable. For any local authority to get into that situation is to condemn itself out of hand for its failure and delays.

The Minister has an obligation to see that local authorities carry out statutory obligations in regard to water supply. The Labour Government after the war insisted that in every new house in the crofting areas provision must be made at the time of building for a bathroom, a kitchen, a kitchen sink and plumbing throughout the house and for waste disposal, so that, immediately a water supply was available the water could be laid on. All the things which are demanded in these Amendments ought, then, to be provided, not only in the City of Glasgow, but also in outlying rural parts of the country. That was all provided for specifically in the first rural Housing Act brought in by the Labour Government after the war.

6.15 p.m.

I do not see what the Minister is so frightened about. The Under-Secretary poured cold water on hot water. All he achieved was to raise a little steam, but it was not enough to take him very far in the right direction. I do not see how any hon. Member can conscientiously say that while he at home enjoys hot baths and a water supply he is prepared to condemn other people to remain in houses which do not have the simple ordinary amenities of civilised living in 1962. I do not think any hon. Member opposite is below the poverty level. How, then, they can decently defend the situation as it is now beats me. Of all the impertinence and hypocrisy to say that other less fortunate people should be without water supplies, and that hundreds of housewives in the Islands and Highlands and elsewhere in rural areas should have to go often for a mile—that is no exaggeration—carrying buckets of water in order that they might wash. This is not a fantasy or the history of past centuries, but is true now. In many places, the situation is exactly as it was 2,000 years ago, with people still grubbing in holes in the ground to get water for washing and cooking and drinking.

The more we fail strictly to apply the Acts, the more will recalcitrant local authorities show their unconcern for the plight in which many people still live, the plight of thousands of people in the Highlands and Islands. The Minister has his Ml responsibility for that. He and the Secretary of State have done more in the last few years to prevent even slow local authorities getting on with the supply of water than have any Ministers before them. From 1945 onwards there was more progress with provision of water supplies in rural areas than ever before; but that has all been slowed down and now people in some areas are looking to 1970 or 1972 before they will be able to have the simple benison of cold water. The Secretary of State ought not to look so pleased about that; he ought to be ashamed of it.

I say at once that I am absolutely in sympathy with the Amendment—I think I speak for every horn. Member on this side of the Committee—but I think that the Amendment would add nothing to the Bill and that the proposal is to a large extent impracticable. I think it tragic that in this twentieth century there should be any house which has not a separate hot water supply. I think it lamentable that there should be any house without a bath, and absolutely deplorable that there should be any house without a separate water closet.

The Amendment refers to a separate water closet for every house. I would go further. If we were being ideal, I would say a separate water closet in every house, but these are ideals. They are things we should all like to see, yet what we have to deal with is not the ideal, but the very practical situation in Scotland at present. These are the things we should like. Certainly if there is a house or building, as the hon. Member for Glasgow, Gorbals (Mrs. Cullen) said, which has one water closet for fifteen tenants that certainly comes within the definition of paragraph (g) of the subsection,
"adequacy and accessibility of water supply."
That house ought to be condemned out of hand.

The hon. Member for Aberdeenshire, West (Mr. Hendry) is a man of legal experience. The Clause says that the local authority, shall have regard to these items. If there is any item not mentioned there, is not the local authority entitled to say that Parliament has asked it not to pay special regard to such items? Therefore, any item not in the category is not within the category to which the local authority shall pay regard. If the Amendment is rejected is it not possible for someone in a local authority to argue that Parliament has said that the local authority shall not have regard to the things which have been mentioned by my hon. Friends?

The right hon. Gentleman has underlined from the other point of view what his hon. and right hon. Friends have said during these discussions—that certain people do not trust local authorities. He does not trust them.

We are considering a practical question—whether a house is suitable for human habitation. It is deplorable if any house has not these amenities. But all hon. Members admit that there are many thousands of houses without them which are in other respects good houses. The Committee should encourage the Government of the day, irrespective of party, to take steps to bring that situation to an end by providing these amenities where the houses are otherwise good. In other parts of the Bill that is precisely what is done—by making it easier for people to take advantage of improvement grants and of other provisions.

I remind right hon. and hon. Gentlemen opposite of the definition in Clause 10 whereby a house is defined as
"any residential accommodation provided for occupation by not more than two persons and equipped with cooking facilities for the exclusive use of those persons, notwithstanding that it is not equipped with facilities of other kinds for such exclusive use."
That provides for houses for old people, where it is not considered necessary that they should have an exclusive bathroom provided that a communial bathroom and other communal facilities are available in the building.

The hon. Member is an ex-town clerk. Having heard him give that definition and realising the type of advice which he might give to a local authority, I think that it becomes increasingly obvious that these provisions ought to be included in the Bill.

I should not have given way had I not expected a more sensible intervention, as is customary, from the hon. Member.

We are trying to produce a practical code for the guidance of local authorities, but hon. Members opposite are tying local authorities down to provisions which are in no way practicable. I hope that on reconsideration they will withdraw the Amendment and leave the Clause as it stands. Personally, I am sorry that the Clause had been introduced, because Section 184 of the 1950 Act gives local authorities a very good standard of comparison—a comparison with the type of house which they are approving at present. Every hon. Member will agree that it would be intolerable if any house being built today lacked these amenities. But the Government have decided to give further guidance to local authorities by laying down these carefully-worded standards.

It seems to me that the Amendment adds nothing to what is in the Clause and that the Clause gives a good code for circumstances varying from the Gorbals in Glasgow to the Western Isles and the part of the country which I represent. The Amendment is ill-thought-out. Hon. Members opposite should take it back and think about it again. I am certain that if they did so they would be able on another occasion to produce an Amendment of a much more satisfactory kind This Amendment should be withdrawn.

I do not want to keep the Committee long but I felt that the kind of speech made by the hon. Member for Aberdeenshire, West (Mr. Hendry) ought to be answered. In his Dr. Jekyll form we heard his idealism and the sort of thing which we ought to have in houses, such as an inside toilet in every house. But the hon. Member then went on in his other guise of Dr. Hyde to tell us that this was not practicable. That is the nub of the argument. We are seeking to provide a goad not only on local authorities but also on the Scottish Office. If there is any subject on which the Government ought to be prodded it is that of Scottish housing. If we pass legislation which irritates them and forces them to grant a bigger housing programme for local authorities, all the better for the people of Scotland.

It is wrong that in 1962 we should be unwilling to write into legislation an exact provision of this nature. The Under-Secretary of State's suggestion that these amenities are details would be laughable if it were not so tragic. That he should consider the provision of an inside toilet and a piped water supply as details in the code of living is a sad state of affairs.

The hon. Member misunderstands me. I said that these words were spelling out what paragraph (g) means. When we talk about the

"adequacy and accessibility of water supply",
that is general, and it is unnecessary also to say that there should be an internal water supply.

All hon. Members have had the experience of people coming to them and raising matters which they subsequently take up with the sanitary inspector who, even though he has as much sympathy as the hon. Member for Aberdeenshire, West and feels that a house should be condemned, is always able to fall back on the law and to say, "By law I am not required to condemn it". There are all sorts of practical reasons advanced. Normally the local authority cannot provide a new house or is in great difficulty in rehousing people. Or he may say, "I have been given a quota of houses which I may condemn and I cannot exceed it". He is able to take refuge in laws which are ill-defined like this and which enable him to say, "This good family must remain in this inadequate house".

This is the point which the hon. Member for Aberdeenshire, West must face. If he wants legislation which a local authority, either through negligence or because it does not want to spend the money, can use as an excuse for not providing further housing for Scotland, he should leave the Clause ill-defined. But if he accepts the need of the people of Scotland and wishes to meet it, he should accept the Amendment.

We are perhaps generating a little unnecessary heat on the Amendment. I understand exactly the feelings of hon. Members opposite; they feel so strongly that an internal water supply, a bath and a private w.c. are essential for living a decent life today that they wish these items to be specifically mentioned in the Bill. I agree with them absolutely about the need for these items—and I want to make that clear, because it seemed that there was a danger that the Conservative Party might be branded as a party which did not think that these things were necessary.

It is not true. If the point in moving the Amendment is to make that charge, then it is a purely political Amendment. I understood that hon. Members opposite were concerned about the condition of houses. But it now seems that they are more concerned with trying to put before the country a false image of the Conservative Party. I agree with them absolutely about the need for these items which are specified in the Amendment, but I do not see why they should be mentioned more specifically than, for example, details about the amount of light or air or the state of repair. After all, consideration of the adequacy—

6.30 p.m.

On a point of order. Sir Robert do you realise that we are working under the Guillotine? Is it right to have needless repetition? The Under-Secretary is making the same speech.

I am sorry if I am offending the hon. Lady. I did not want to rise at the beginning, but she forced me to my feet at the beginning. I therefore think that it is only right that I should reply to this. I am not making the same speech. Hon. Members opposite may think that I am making the same speech, but I am not. Considerations of the adequacy and accessibility of water supply must include the questions whether the supply is indoors and separate and whether such a supply could reasonably be provided.

The hon. Member says that he has heard all this, but it obviously has not sunk in. That is why I am saying it again. Hon. Members opposite are always saying that the Government do not trust the local authorities. Here it seems to me that it is they who are not trusting the local authorities. [HON. MEMBERS: "NO."] The hon. Member for the Western Isles (Mr. Malcolm MacMillan) rather let the cat out of the bag when he referred to what he called the wrong sort of local authorities.

That implies that the Opposition do not trust the local authorities. All through the Bill they have been criticising the Government for what they call not trusting the local authorities. I maintain that the local authorities do not need to have everything spelt out for them. They know very well when the state of repair is bad. They know when the lighting is not sufficient. Equally well, they know when the water supply is adequate. Adequate means whether it is inside or whether it is not.

I therefore regret that I cannot accept the Amendment. I emphasise that this is not because I do not value internal plumbing most highly. I value it as highly as hon. Members opposite value it, perhaps even more highly. I value internal plumbing as highly as I value a good state of repair. I cannot accept the Amendment simply because it is unnecessary to specify these matters in detail, and I prefer, and the Government prefer, unlike the Opposition, to trust the local authorities to do the job within the general guidance contained in the Clause.

I do not want to take up any time, but I must point out that the Under-Secretary has not treated this matter seriously. It has been suggested that there are two alternatives—either to have a general description covering anything like the existing standard of local authority housing, or to specify the things to which local authorities must have regard. The Government have stated a a number of matters to which local authorities must pay regard, but local authorities are entitled to think that matters which are not specified need not be taken into consideration. The Under-Secretary, by refusing to accept the Amendment, is lending not only his own authority but also the authority of Parliament to the view that local authorities are not bound to pay attention to matters which are not stated in the Clause.

What is important in this matter is to get the amenities into these houses and install sanitary fittings. [Interruption.] We did just that in the House Purchase and Housing Act, 1949, which dealt with the standard grant.

On a point of order. We are under the Guillotine and my colleagues are doing their utmost to get through the Bill. Are we to be all the time held up by hon. Members opposite rising and trying to spin out time?

I have already said that that is not a point of order. If an hon. Member on either side rises to speak and remains in order, he is entitled to speak and no point of order arises.

Sir Robert, may I put this point to you and ask for your advice? Is it possible for me to move the Closure on this Amendment? I ask for advice.

The hon. Lady can move the Closure. That is not to say that it will be accepted.

The hon. Lady the Member for Lanarkshire, North (Miss Herbison) should be a little more patient. It is important to get the amenities into houses and not condemn houses just because they have not got them.

Would not the best and quickest way of getting amenities into houses be to condemn houses which have not got them?

Then what would happen to the inhabitants? My area has a very great problem indeed. In many cases there is not a water supply, so not much can be done. If a house is in good structural order and not liable to be condemned under paragraphs (a) to (k), I cannot see that we are doing a service by condemning it if it has not got a bath, if a bath cannot be installed because there is no water supply. In my area one could condemn a great number of houses. The agricultural cottages would come under two of these paragraphs. I cannot see that the Amendment would take the matter very much further.

To listen to the hon. Member for Galloway (Mr. Brewis) one would think that the provisions in the Clause would cover all

Division No. 148.]

AYES

[6.37 p.m.

Agnew, Sir PeterCurran, CharlesHobson, Sir John
Aitken, W. T.Dalkeith, Earl ofHolland, Philip
Allason, Jamesd'Avigdor-Goldsmid, Sir HenryHollingworth, John
Arbuthnot, JohnDeedes, W. F.Hopkins, Alan
Ashton, Sir Hubertde Ferranti, BasilHornby, R. P.
Atkins, HumphreyDigby, Simon WingfieldHornsby-Smith, Rt. Hon. Dame P.
Balniel, LordDonaldson, Cmdr. C. E. M.Howard, John (Southampton, Test)
Barber, AnthonyDoughty, CharlesHughes Hallett, Vice-Admiral John
Barlow, Sir JohnDrayson, G. B.Hughes-Young, Michael
Barter, Johndu Cann, EdwardHurd, Sir Anthony
Batsford, BrianDuncan, Sir JamesHutchison, Michael Clark
Bell, RonaldEden, JohnIrvine, Bryant Godman (Rye)
Berkeley, HumphryElliot, Capt. Walter (Carshalton)James, David
Bevins, Rt. Hon. ReginaldElliott, R. W. (Nwcastle-upon-Tyne, N.)Jennings, J. C.
Biffen, JohnEmery, PeterJohnson, Eric (Blackley)
Biggs-Davison, JohnEmmet, Hon. Mrs. EvelynKerans, Cdr. J. S.
Birch, Rt. Hon. NigelErrington, Sir EricKerby, Capt. Henry
Bishop, F. P.Erroll, Rt. Hon. F. J.Kerr, Sir Hamilton
Black, Sir CyrilFinlay, GraemeKershaw, Anthony
Bossom, CliveFisher, NigelKimball, Marcus
Bourne-Arton, A.Fletcher-Cooke, CharlesLancaster, Col. C. G.
Box, DonaldFoster, JohnLangford-Holt, Sir John
Boyd-Carpenter, Rt. Hon. J.Fraser, Ian (Plymouth, Sutton)Leavey, J. A.
Boyle, Sir EdwardFreeth, DenzilLeburn, Gilmour
Brewis, JohnGammans, LadyLewis, Kenneth (Rutland)
Brooke, Rt. Hon. HenryGeorge, J. C. (Pollok)Lindsay, Sir Martin
Brooman-White, R.Clover, Sir DouglasLinstead, Sir Hugh
Brown, Alan (Tottenham)Glyn, Dr. Alan (Clapham)Litchfield, Capt. John
Browne, Percy (Torrington)Goodhart, PhilipLongbottom, Charles
Bryan, PaulGoodhew, VictorLongden, Gilbert
Bullard, DenysGower, RaymondLoveys, Walter H.
Campbell, Gordon (Moray & Nairn)Grant-Ferris, Wg. Cdr. R.Lucas-Tooth, Sir Hugh
Carr, Robert (Mitcham)Green, AlanMcLaren, Martin
Cary, Sir RobertGresham Cooke, R.Maclean, Sir Fitzroy (Bute&N. Ayrs.)
Channon, H. P. G.Hamilton, Michael (Wellingborough)McLean, Neil (Inverness)
Chataway, ChristopherHarris, Frederic (Croydon, N. W.)Macleod, Rt. Hn. Iain (Enfield, W.)
Chichester-Clark, R.Harris, Reader (Heston)MacLeod, John (Ross & Cromarty)
Clark, William (Nottingham, S.)Harvey, John (Walthamstow, E.)McMaster, Stanley R.
Cleaver, LeonardHastings, StephenMacpherson, Niall (Dumfries)
Collard, RichardHay, JohnMaddan, Martin
Cooke, RobertHeald, Rt. Hon. Sir LionelMaginnis, John E.
Cooper, A. E.Henderson, John (Cathcart)Maitland, Sir John
Corfield, F. V.Hendry, ForbesMarshall, Douglas
Costain, A. P.Hicks Beach, Maj. W.Matthews, Gordon (Meriden)
Courtney, Cdr. AnthonyHill, Mrs. Eveline (Wythenshawe)Maxwell-Hyslop, R. J.
Craddock, Sir BeresfordHill, J. E. B. (S. Norfolk)Maydon, Lt.-Cmdr. S. L. C.

circumstances, but what are the facts. In Paisley—I am now reading from the last survey in Paisley—there are 8,514 tenement houses. Over 7,000 share external w.c.s. There are 8,319 houses with no baths. There are 5,000 houses with no hot water. Three thousand houses have gas heaters. Three thousand have no sculleries. Eight thousand, five hundred have no larders. I could go on. These houses would be condemned under almost every paragraph in the Clause, but they are not being condemned. They are considered to be fit for habitation.

Question put, That the words proposed to be left out stand part of the Clause:—

The Committee divided: Ayes 219, Noes 172.

Mills, StrattonRenton, DavidThomas, Peter (Conway)
Miscampbell, N.Ridley, Hon. NicholasThompson, Richard (Croydon, S.)
More, Jasper (Ludlow)Ridsdale, JulianThornton-Kemsley, Sir Colin
Morrison, JohnRobertson, Sir D. (C'thn's & S'th'ld)Tilney, John (Wavertree)
Mott-Radclyffe, Sir CharlesRobinson, Rt. Hn. Sir R. (B'pool, S.)Touche, Rt. Hon. Sir Gordon
Nabarro, GeraldRopner, Col. Sir LeonardTurner, Colin
Neave, AireyRoyle, Anthony (Richmond, Surrey)Turton, Rt. Hon. R. H.
Oakshott, Sir HendrieRussell, Ronaldvan Straubenzee, W. R.
Orr, Capt. L. P. S.Scott-Hopkins, JamesVaughan-Morgan, Rt. Hon. Sir John
Orr-Ewing, C. IanSeymour, LeslieVosper, Rt. Hon. Dennis
Osborn, John (Hallam)Shaw, M.Wakefield, Sir Waved (St. M'lebone)
Page, Graham (Crosby)Shepherd, WilliamWalder, David
Page, John (Harrow, West)Smith, Dudley (Br'ntf'd & Chiswick)Wall, Patrick
Pannell, Norman (Kirkdale)Smithers, PeterWard, Dame Irene
Peel, JohnSmyth, Brig. Sir John (Norwood)Wells, John (Maidstone)
Percival, IanSpearman, Sir AlexanderWhitelaw, William
Peyton, JohnSpeir, RupertWilliams, Dudley (Exeter)
Pott, PercivallStanley, Hon. RichardWilliams, Paul (Sunderland, S.)
Powell, Rt. Hon. J. EnochStodart, J. A.Wills, Sir Gerald (Bridgwater)
Prior-Palmer, Brig. Sir OthoStoddart-Scott, Col. Sir MalcolmWilson, Geoffrey (Truro)
Profumo, Rt. Hon. JohnStudholme, Sir HenryWise, A. R.
Pym, FrancisSummers, Sir Spencer (Aylesbury)Wood, Rt. Hon. Richard
Quennell, Miss J. M.Talbot, John E.Woodnutt, Mark
Ramsden, JamesTapsell, PeterWoollam, John
Rawlinson, PeterTaylor, Sir Charles (Eastbourne)Worsley, Marcus
Redmayne, Rt. Hon. MartinTeeling, Sir William
Rees, HughTemple, John M.

TELLERS FOR THE AYES:

Rees-Davies, W. R.Thomas, Leslie (Canterbury)Mr. Noble and Mr. Frank Pearson

NOES

Abse, LeoHall, Rt. Hn. Glenvil (Colne Valley)Padley, W. E.
Albu, AustenHamilton, William (West Fife)Paget, R. T.
Allaun, Frank (Salford, E.)Hannan, WilliamPannell, Charles (Leeds, W.)
Allen, Scholefield (Crewe)Harper, JosephPargiter, G. A.
Awbery, StanHart, Mrs. JudithParker, John
Bacon, Miss AliceHayman, F. H.Pavitt, Laurence
Baxter, William (Stirlingshire, W.)Henderson, Rt. Hn. Arthur (Rwly Regis)Pearson, Arthur (Pontypridd)
Beaney, AlanHerbison, Miss MargaretPeart, Frederick
Benson, Sir GeorgeHill, J. (Midlothian)Pentland, Norman
Blackburn, F.Holman, PercyPopplewell, Ernest
Blyton, WilliamHolt, ArthurPrentice, R. E.
Bowden, Rt. Hn. H. W. (Leics. S. W.)Houghton, DouglasPrice, J. T. (Westhoughton)
Boyden, JamesHoy, James H.Probert, Arthur
Braddock, Mrs. E. M.Hughes, Cledwyn (Anglesey)Proctor, W. T.
Brockway, A. FennerHughes, Emrys (S. Ayrshire)Pursey, Cmdr. Harry
Broughton, Dr. A. D. D.Hunter, A. E.Randall, Harry
Brown, Rt. Hon. George (Belper)Hynd, H. (Accrington)Rankin, John
Butler, Mrs. Joyce (Wood Green)Irvine, A. J. (Edge Hill)Redhead, E. C.
Callaghan, JamesJanner, Sir BarnettReid, William
Chapman, DonaldJay, Rt. Hon. DouglasReynolds, G. W.
Cliffe, MichaelJenkins, Roy (Stechford)Rhodes, H.
Corbet, Mrs. FredaJones, Dan (Burnley)Roberts, Albert (Normanton)
Craddock, George (Bradford, S.)Jones, Elwyn (West Ham, S.)Roberts, Goronwy (Caernarvon)
Cronin, JohnJones, J. Idwal (Wrexham)Robertson, John (Paisley)
Cullen, Mrs. AliceJones, T. W. (Merioneth)Robinson, Kenneth (St. Pancras, N.)
Davies, G. Elfed (Rhondda, E.)Key, Rt. Hon. C. W.Rogers, G. H. R. (Kensington, N.)
Davies, Ifor (Gower)King, Dr. HoraceRoss, William
Davies, S. O. (Merthyr)Lee, Frederick (Newton)Short, Edward
Deer, GeorgeLee, Miss Jennie (Cannock)Silverman, Julius (Aston)
Dempsey, JamesLubbock, EricSilverman, Sydney (Nelson)
Diamond, JohnMabon, Dr. J. DicksonSlater, Mrs. Harriet (Stoke, N.)
Dodds, NormanMcInnes, JamesSlater, Joseph (Sedgefield)
Driberg, TomMcKay, John (Wallsend)Small, William
Dugdale, Rt. Hon. JohnMackie, John (Enfield, East)Smith, Ellis (Stoke, S.)
Ede, Rt. Hon. C.McLeavy, FrankSorensen, R. W.
Edelman, MauriceMacMillan, Malcolm (Western Isles)Soskice, Rt. Hon. Sir Frank
Edwards, Rt. Hon. Ness (Caerphilly)MacPherson, Malcolm (Stirling)Spriggs, Leslie
Edwards, Walter (Stepney)Mallalieu, E. L. (Brigg)Steele, Thomas
Evans, AlbertManuel, ArchieStewart, Michael (Fulham)
Fernyhough, E.Mapp, CharlesStones, William
Finch, HaroldMason, RoyStrachey, Rt. Hon. John
Fletcher, EricMayhew, ChristopherStrauss, Rt. Hn. C. R. (Vauxhall)
Foot, Dingle (Ipswich)Mendelson, J, J.Swain, Thomas
Forman, J. C.Millan, BruceTaylor, Bernard (Mansfield)
Fraser, Thomas (Hamilton)Milne, EdwardThomas, George (Cardiff, W.)
Gaitskell, Rt. Hon. HughMitchison, G. R.Thomas, lorwerth (Rhondda, W.)
Galpern, Sir MyerMonslow, WalterThompson, Dr. Alan (Dunfermline)
Ginsburg, DavidMoyle, ArthurThomson, G. M. (Dundee, E.)
Gooch, E. G.Neal, HaroldThorpe, Jeremy
Gordon Walker, Rt. Hon. P. C.Noel-Baker, Rt. Hn. Philip (Derby, S.)Timmons, John
Gourlay, HarryOliver, G. H.Wainwright, Edwin
Greenwood, AnthonyOram, A. E.Warbey, William
Grey, CharlesOswald, ThomasWeitzman, David
Griffiths, David (Rother Valley)Owen, WillWells, Percy (Faversham)

Whitlock, WilliamWilliams, LI. (Abertillery)Woodburn, Rt. Hon. A.
Wilkins, W. A.Williams, W. R. (Openshaw)Yates, Victor (Ladywood)
Willey, FrederickWillis, E. G. (Edinburgh, E.)
Williams, D. J. (Neath)Winterbottom, R. E.

TELLERS FOR THE NOES:

Mr. Lawson and Mr. Irving.

Clause ordered to stand part of the Bill.

Clause 29—(Default Powers Of Secretary Of State In Relation To Rents)

I beg to move, in page 25, line 43, at the end to insert:

(4) Subsection (5) of section seventy-three of the Act of 1950 shall have effect as if there were added thereto the words "provided that any such change shall not result in the charging of an excessive rent".
Section 73 (5) of the Housing (Scotland) Act, 1950, states:
"The authority shall from time to time review rents and make such changes either of rents generally or of particular rents and rebates as circumstances may require."
If this Amendment were accepted, that provision would continue:
"provided that any such change shall not result in the charging of an excessive rent".
We discussed in Committee two other Amendments which sought to ensure that the Secretary of State, whom we consider is taking unwarranted powers under this Clause, would at least use those powers not only where a local authority was charging rents that he considered to be too low but where a local authority were charging rents that were excessive. The Under-Secretary tried to make the case that those powers are already there—that the Secretary of State could intervene where a local authority was charging too high a rent—but the whole tenor of the debate on Second Reading and the whole tenor of the debate in Committee has quite clearly shown that the powers that the Secretary of State is taking in this Bill, the powers that he already has under a local Measure of, I think, 1947, and those he has under Section 73 (5) of the 1950 Act, are regarded by him only in the sense that they shall be used to deal with local authorities that are charging rents that are too low.

We on this side want to ensure beyond any doubt at all that the Secretary of State will have the power to intervene where a local authority is charging rents that are too high. One local authority might be considered to be charging excessive rents. The tenants in another authority might consider that their rents are also too high. Some local authority rents might be considered by any reasonable person as being too low. Despite that, the Amendment is designed to deal solely with excessive rents. In Committee last month the Under-Secretary said:
"It would follow that if the rents were found to be too high the Secretary of State, under power given him in this Clause, could make a rent scheme laying down lower rents in exactly the same way as he could lay down higher rents."
The hon. Gentleman continued:
"It is not for the Secretary of State to say what a reasonable rent is … for any particular area."
All through the Bill we have been puzzled by the inability of the Under-Secretary to tell us what the Government believe to be a reasonable rent. The Under-Secretary added:
"At the moment, it does not seem to him that the situation in Milngavie warrants his interference. That does not, however, stop residents in the town who feel aggrieved from making a complaint and giving my right hon. Friend the opportunity to consider the matter further."—[OFFICIAL REPORT, Standing Committee E, 27th March, 1962; c. 974, 976, 978.]
That remark must have led the Committee to believe that no complaint whatever had been made by any tenant in Milngavie to the Secretary of State. That is just not the case. Information has been supplied to me—it came only yesterday—from a tenant in Milngavie who read a report of the debate. Perhaps I should add that we took care to ensure that he read the whole of the debate. My correspondent states that in Committee I quoted from the White Paper the figures of the average standard rent in Milngavie which, according to the White Paper, is £69 16s. 2d. Even that figure was 20 per cent. above the next highest standard rent being charged by any local authority in Scotland. My correspondent goes on to say that that figure of £69 16s. 2d. has been challenged time and again by the tenants of Milngavie.

At a ratepayers' meeting last week the town treasurer made a clear statement that the average standard rent in Milngavie was not £69 16s. 2d. but £80 19s. 8d. Since this information comes from the town treasurer, does the Minister consider this—and I am citing Milngavie as an example because other local authorities may be in this position in the future—to be a reasonable rent? If one takes the average gross annual value, which the Secretary of State thinks is a reasonable rent, it works out at £53. Does the right hon. Gentleman think that an average standard rent of £80 19s. 8d. is excessive? My hon. Friends certainly do. Referring to our proceedings in Committee, my correspondent states:
". . Mr. Galbraith gave an assurance that Mr. Maclay had powers to reduce rents."
The letter points out that my hon. Friend the Member for Dunbartonshire, East (Mr. Bence) asked the Secretary of State in November last year if he was prepared to use his power regarding Milngavie. At that time the Secretary of State replied, "No, Sir." My correspondent points out that the Under-Secretary of State suggested that any dissatisfied resident could complain to the Secretary of State and continues:
"In November the local Tenants Association did so complain and were informed that the Secretary of State was satisfied with the position in Milngavie."
It is clear, therefore, that this very high standard rent in Milngavie is not considered by the Secretary of State to be excessive, and my hon. Friends and I want to ensure, by the Amendment, that consideration will be given to this matter.

We have made it clear that we do not want the Secretary of State to interfere, but if he is going to interfere with local authorities in one way we want some protection for people such as those living in Milngavie and others whose rents may be raised to the same degree. If the Under-Secretary today insists that his right hon. Friend already has power to do this, he should have no hesitation about accepting the Amendment which will spell out his powers. If he accepts it we will believe that he is interested in these people who are forced to pay excessive rents, just as interested as he is in those who are paying what he considers to be too low rents. All ratepayers should be considered by the Secretary of State. At present the right hon. Gentleman seems to consider every ratepayer but the one who lives in a local authority house.

I do not wish to detain the Committee but this is a matter in which every hon. Member should be interested. It is one which the hon. Member for Edinburgh, East (Mr. Willis) has described as a topic which interests hundreds of thousands of people in Scotland. There was considerable controversy and genuine disagreement on this subject in Committee. I would venture to say, however, that all hon. Members opposite agree on one point: that quite a lot of rents—and I put it no higher than that—have been too low. They would also agree, I think, with the utterances of some of their hon. Friends—among them the hon. Member for Hamilton (Mr. T. Fraser) and my own constituent, the right hon. Member for East Stirlingshire (Mr. Woodburn), each of whom has gone perfectly openly on record in the last few years as saying that they do not disagree that some rents in Scotland should be raised.

7.0 p.m.

Where there is tremendous room for honest disagreement is on the question of what is a reasonable rent level. What seems reasonable to some seems out of the question to others, and what struck me as being two extreme examples are worthy of consideration. The first I heard on a television programme at Christmas time, when a Glasgow town councillor, an Edinburgh town councillor, Dr. Whitley of St. Giles' Cathedral, and a chairman were discussing the question of rents in Scotland. I have with me the transcript which the B.B.C. has sent me of an extract which interested me and from which I should like to quote.

The chairman said
"Now, the average rent in Scotland just now is about 10s. 1d. Is this not"—

On a point of order. You will be aware, Sir William, that the Amendment is a limited one dealing with powers which the Secretary of State should take to deal with excessive rents. So far, the hon. Member for Edinburgh, West (Mr. Stodart) has been dealing with what he considers to be low rents.

I appreciate the point of order. I have been listening carefully to the debate and there are limits beyond which, I hope, the hon. Gentleman will not go.

I am trying to show, and hope within the next twenty seconds to show, what one person thinks is an excessive rent. The chairman said:

"Is this not in fact too low …?"
Bailie David Gibson, who, I think, is the housing convener of Glasgow, said:
"Surety not. Is there something very wrong with a thing because it's cheap? Does it need to be dearer? The … first essential, do we not agree that it's a good thing from the health point of view to have a cheap food policy, to have a cheap housing policy, to have a cheap policy for health, health services and so on? As a matter of fact, you make them so cheap you make them free which is a wise thing."
Those were the words of the housing convener of Glasgow Town Council. Obviously, if Bailie David Gibson considers it a good thing if rents were free, even 5s. or 10s. 1d. would be regarded by him as grossly excessive. I merely say this as an illustration of how difficult it is to arrive at what is a reasonable rent.

Is the hon. Member aware that he promised to give a quotation that would show what somebody thought was an excessive rent? Bailie David Gibson did not say that a rent of 10s. 1d. was excessive, as the hon. Member will see if he looks again at his quotation.

This makes it very clear how difficult it is to arrive at what is a fair rent.

If one is to find out what is an excessive rent, we also have to find out what is a fair rent. At the other end of the scale, as one who is several benches behind my hon. Friend the Under-Secretary, who has not managed to satisfy the Committee about what he considers to be a reasonable rent, I am happy to say that I consider a reasonable rent to be somewhere between the suggestion of Bailie David Gibson and the highest that I have been able to find, and that is the example of a council which deducts one-seventh of a person's income for rent, excluding rates. That seems to me to be excessive. I make no bones about saying so. The answer lies somewhere in between, possibly round about the half-way mark.

The half-way mark would be round about 7 per cent.

In trying to arrive at what is a fair rent beyond which the rent would be excessive, one has to try to take yardsticks and make comparisons. The hon. Member for Motherwell (Mr. Lawson) said in Committee that one must judge on rents being paid elsewhere and at other times. One yardstick which is not unfair is the ratio of rent to earnings today and pre-war.

In 1939, rent was an average of 5s. and earnings averaged 69s. Funnily enough, that ratio was exactly 7 per cent. Today, average rent is 10s. 1d. The figure for average earnings in Scotland is a matter of great dispute, but looking at it in its most favourable light, it is am average of £12 a week, the figure which has been agreed by the hon. Member for Paisley (Mr. J. Robertson).

The ratio of rent to earnings today has sunk from 7 per cent. to 4 per cent. If one calculated 7 per cent. of £12 today, what I think would be a reasonable rent on average is about 16s. 9d. to 17s. a week.

Surely, the hon. Member is trying to colour the argument because when he compares pre-war rent with present-day rent he is not giving the whole picture. He should say what it costs a person to live in a house and compare rent and rates pre-war with rent and rates today. Those are the comparative figures and not solely rent.

I do not propose to develop this argument, but the hon. Member will find that even if he takes rent and rates as a percentage of earnings, it will not help his case very much. In any event, I do not accept the argument that one is bound to take rates into consideration, because I cannot see why the householder in a corporation house should not face up to the rates. For example, the rating in Edinburgh includes 1s. 3d. for the health services. 1s. 4d. for housing, 1s. 7d. for cleansing and 13s. for education. Surely, all these things are not to be tied together with rent, but must be regarded separately.

On a point of order. I must again call notice, Sir William, to the fact that we are working under a Guillotine, not of our seeking, but of the seeking of hon. Members opposite. It seems to me that the points again being made by the horn. Member are as far away from the Amendment as they possibly can be.

The Amendment deals with excessive rents. Therefore, it would seem to be quite in order to argue what is or is not an excessive rent. In so far as the hon. Member uses that as his argument, he is in order.

Further to the point of order. When I rose to my feet, the hon. Member was telling us what part of the rates—not rents—in Edinburgh went for health and what part went for anything else. It seems to me to be wrong that our time should be used for these purposes when it is so limited.

Both sides of the Committee come into this. I heard the hon. Member for Kirkcaldy Burghs (Mr. Gourlay) specifically raise the matter of rates besides rent, and the hon. Member for Edinburgh, West (Mr. Stodart) responded. I am sure, however, that the Committee appreciates the situation and that no time will be unnecessarily wasted.

I thank you, Sir William, for forgiving my following the trail laid by the hon. Member for Kirkcaldy Burghs (Mr. Gourlay).

My only further point is that as the gap widens between money earned and rent paid, it inevitably means that there must be an increased subvention from the rates. That is inevitable. The City Treasurer of Edinburgh has told us that 200,000 ratepayers there are helping to pay the costs of maintaining 35,000 council houses.

We often hear stories about very wealthy council house tenants. These stories always reach the headlines, and for that reason it is clear that these people form a very small minority. But there is no doubt—I have many examples of this—that many people in my constituency living in their own houses are less well off than certain tenants living in council houses. There is without doubt an injustice being perpetrated in that respect.

It is most unfair for the hon. Gentleman to try to divert me into discussing agricultural matters.

On a point of order. Since the start of the hon. Member's speech right up to the present moment, he has adduced an argument on low rents. He has just said that the Edinburgh City Treasurer has to find a subvention because of the low rent policy in that town. Every word that the hon. Gentleman has uttered has had absolutely nothing to do with the Amendment, which is concerned with excessive rents.

Of course, there is a connection between a rent being high and a rent being low, but I remind the Committee that the words of the Amendment to which we must try to adhere as closely as possible are

"provided that any such change shall not result in the charging of an excessive rent".
That must be the criterion by which I judge whether what an hon. Member is saying is in order.

I think that I have convinced you, Sir William, that, before one can decide what is an excessive rent, one must have some idea about what is a reasonable rent. I have given my idea of what is a reasonable rent.

The hon. Gentleman was not in the Chamber when I dealt with that matter. That is his loss—and, of course, mine.

The hon. Gentleman has given a yardstick by which he thinks rents should be judged. He must, therefore, concede that excessive rents are being charged. My question to him is this: if he is in favour of the Secretary of State intervening to raise rents which by his standards are low, is he in favour of the Secretary of State intervening to lower rents which by his standards are high?

7.15 p.m.

The hon. Member for Edinburgh, West (Mr. Stodart) did not address his argument very closely to the Amendment. That was not very surprising, because throughout the Committee stage we repeatedly asked the Minister and hon. Members opposite what they meant by "a reasonable rent". It is true that there can be arguments about what is an excessively low rent, what is an excessively high rent and what is a reasonable rent, but we must take the Government's view as expressed in the Second Reading debate and in Committee.

This is the first time that the hon. Member for Edinburgh, West has ventured into a discussion about what is a reasonable rent. He never referred to a rent of 7 per cent. of a person's income in Committee, as far as I recollect. The hon. Member for Aberdeenshire, West (Mr. Hendry) was much more specific. In Committee, I quoted what the hon. Member said on Second Reading, which was this:
"I suggest that my right hon. Friend might very well have laid down as a suitable standard the gross annual value fixed this year by the local assessor in each local authority area."
He then went on—and these are the relevant words—
"Personally, I do not think even that is half enough."—[OFFICIAL REPORT, 22nd November. 1962: Vol. 649. c. 1444.]
In other words, the hon. Gentleman thinks that a reasonable rent is about £100 a year.

The hon. Member for Edinburgh, West thinks that a reasonable rent is 7 per cent. of a person's income. It has been said that rents in Milngavie are roughly £80 a year. Therefore, according to the hon. Member for Aberdeenshire, West, rents in Milngavie are not excessive. Does the hon. Member for Edinburgh, West agree with that? Will he rise to his feet and assert that rents in Milngavie are not excessive? I will give the hon. Gentleman the opportunity of answering. It appears that he is not willing to do so.

Hon. Members opposite always talk as though all rents in Scotland were unreasonably low. What we are seeking to do in this Amendment is to enable the Secretary of State to take power to deal with rents which are excessively high. It is interesting that right hon. and hon. Members opposite always refer to excessively low rents in connection with local authority tenants. But the Government connive at providing people with houses at no rent at all. They happen to be grace and favour houses.

The hon. Gentleman is now in serious danger of going beyond the Amendment.

I was about to say that one could not call that an excessive rent. If hon. Members opposite want to tackle the rent problem, they should start much nearer home. Why pick on local authority tenants?

The hon. Member for Edinburgh, West gave us the usual story about the poverty-stricken people living in private houses subsidising the local authority tenant who has two cars standing in the street outside his house. What about the poor tenant who is subsidising the wealthy farmers, some of whom are sitting on the benches opposite and who are drawing subsidies? No question of other poorer people subsidising them is raised. I am much poorer than the hon. Member for Edinburgh, West, yet I am subsidising him. He does not suggest that his subsidy should be reduced in order that my tax problem might be relieved.

I merely wished to put the picture in perspective. We are dealing with people who are paying excessive rents, and "excessive" implies a judgment by somebody. We wish to know whether right hon. and hon. Members opposite regard the rents charged in Milngavie as excessive. The hon. Member for Aberdeenshire, West is on record as saying that they are not and that they should be increased by at least 25 per cent.

The hon. Member recommends a rent of not less than 7 per cent. of a person's income. That is roughly 1s. 6d. in the £. I remind the hon. Gentleman that many industrial workers in Scotland are receiving less than £9 a week. The average rent in Scotland is 10s. 1d. Therefore, people are paying more now than the sum which the hon. Gentleman suggests is a reasonable rent. He must, therefore, support our Amendment. We suggest that the Secretary of State should take action against authorities charging rents on average of 10s. to workers who are receiving less than £10—and there are many of them in Scotland. If it is right for the Secretary of State to take action against authorities which are, in his view, charging excessively low rents, we say that he should take action against those authorities which are charging excessive rents. If the right hon. Gentleman is genuinely interested in solving this problem, we will accept the Amendment.

If we look at the Toothill Report, we see that if we had an average figure of 18s. per week for rents in Scotland, that would do away with the need for any rate contribution at all, and that an average rent of 15s. a week would do away with a rate contribution in excess of the Exchequer contribution. I think that gives us some guidance as to what rents might be.

I have heard the hon. Lady the Member for Lanarkshire, North (Miss Herbison) say in Committee and here time and time again that we should trust the local authority, because the local authority would know what is right. When we consider rents, there are various things to be taken into account, such as the capacity of the tenant to pay and the amount of work which the landlord does to maintain the property—and sometimes landlords do internal decorations, fit washers to taps and so on, and in such cases, they would be entitled to a bigger rent. Incidentally, when we look at the provisions of Clause 25, we find that local authorities will have to take on a bigger repairs burden than that which they often carry at the moment. Therefore, it seems to me that the people to decide the rents are the local authorities.

I am very surprised at the hon. Lady the Member for Lanarkshire, North putting forward this point, because Section 73 (5) of the Housing (Scotland) Act, 1950, provides
"The authority shall from time to time review rents and make such changes either of rents generally or of particular rents and rebates as circumstances may require."
The whole point of this business has arisen because Dunbartonshire and Glasgow have not reviewed their rents at all, and that is where the trouble started

I think that the hon. Gentleman is under a complete misapprehension with regard to Glasgow. I can assure him that Glasgow has on two occasions reviewed the rents, but there is no direction to the Glasgow Corporation and no indication that, as a result of the review, the Corporation must raise the rents to astronomical figures. Having reviewed the rents carefully, with the expert advice of the city factor and the assessor at that time, the corporation came to the conclusion that certain adjustments were required, but these were not acceptable to the Secretary of State for Scotland. The hon. Gentleman is quite wrong in saying that Glasgow did not review rents.

With very great respect, I wish to differ from the hon. Gentleman. I have here a copy of the Shaw Report on Glasgow rents, and, reading from page 14, recommendation 6—

On a point of order. I am wondering, Sir William, what exactly this has to do with this Amendment.

I have been listening carefully, and I do not think that the hon. Member has gone further from the Amendment than the other examples which have been put from both sides of the Committee. I appreciate that the Committee should keep as closely as possible to the terms of the Amendment. May I remind the Committee once more that this Amendment is to add the words—

"Provided that any such change shall not result in the charging of an excessive rent."
That is what we are debating.

I was saying that the local authority had to review the rents and to see whether they are too low or excessive. In the case of the Glasgow Corporation, it has on many occasions since 1953 refused, on being so moved, to review rents, and that is why it was necessary to hold this inquiry.

The hon. Gentleman has just made a very excellent case that rents are the concern of the local authority, and he went so far as to say that, in his opinion, the local authorities were the people who should decide. What is he complaining about when they do decide?

Will the hon. Gentleman tell us what he means by "from time to time"? Who is to determine what time is to elapse? Since 1953, rents in Glasgow have been reviewed twice.

The hon. Gentleman will find, if he reads that Report, that the local authorities are under a statutory duty under the 1950 Act. I will read the provision again:

"The authority shall from time to time review rents and make such changes either of rents generally or of particular rents and rebates as circumstances may require."

On a point of order. I submit that, on this Amendment, no one is entitled to discuss whether or not local authorities are entitled or obliged to review rents. As a matter of fact, I think we all appreciate that local authorities are obliged to review rents. I submit that we are only entiled to consider whether we should add to the responsibilities of local authorities, in addition to what is provided in Section 73 (5) of the 1950 Act, that any such change which it might make shall not result in charging an excessive rent. The question before the Committee is whether or not we should put this limitation upon local authorities when they have to review rents, and I suggest that the hon. Gentleman has not applied himself to the Amendment.

I suppose the effect of a change suggests that a review might be made before the change takes place, but I hope that the hon. Member will not go further than he needs on this Amendment.

I was merely arguing that these words are necessary, because we should leave it to the local authority, taking all things into account, to decide whether rents are excessive or not. For example, Milngavie recently reviewed rents and, in my submission, the local authority is the best body to decide whether the rents are reasonable or not.

As far as I can gather, the hon. Member for Galloway (Mr. Brewis) thinks that when rents are too high, they are reasonable—that is what he said—and, in such a case, we should trust the local authority.

Can the hon. Gentleman be a little more objective about this? We are dealing with a Bill the whole purpose of which, as declared by the Government and agreed by back benchers opposite, as hon. Members who have read the Bill or the White Paper will realise, is to raise rents in Scotland. Does any hon. Member opposite deny that? The purpose of the Bill is to raise rents. The purpose of the power taken in Clause 29, to which we shall come later, is to raise rents, and if the hon. Gentleman would take the trouble to read the White Paper on housing, he will see that that is perfectly clear. Indeed, in the same way, the purpose of a new Clause which is on the Notice Paper, and to which the hon. Gentleman has put his name, is to raise rents in respect of another section of houses altogether. That being so, surely we are in the position, or will in future be in the position, that in Scotland we may have local authorities going far too far in respect of many people who are quite unable to pay anything like economic rents and who are faced with a situation in which the rents are excessive. These things have happened in Scotland before. These default powers have had to be used in respect of the responsibilities of local authorities, and Secretaries of State from time to time have had to intervene.

If it was right, as hon. Gentlemen opposite admit, for the Secretary of State to have an inquiry in regard to local authorities whose rents are low, he will surely appreciate that it may well be necessary in future, if not now, to have this power to intervene in respect of excessive rents. That is the whole point, and the only thing we are discussing at the moment—whether or not. by any change that is made after a review of rents, the rents charged are excessive. The tenants or ratepayers may complain to the Secretary of State, and the right hon. Gentleman, having examined their complaint, may set up an inquiry. That is what we are discussing. We now want to put these words into the Bill as a future protection for the people of Scotland. I should be very surprised if the hon. Gentleman opposite would go to his constituency and deny this right. Would the hon. Member for Aberdeenshire, West (Mr. Hendry), who sat so silent until he was questioned by one of my hon. Friends in regard to what rents are in Milngavie, go to Inverurie in his constituency and tell them that their rents should be raised? He knows quite well that he has not the courage to do that. He Likes to argue and to make vague generalisations about low rents, but when he has an opportunity to protect his constituents from being charged excessive rents, according to his or someone else's standard, he prefers to dodge the question and perform a Parliamentary "twist" without discussing the matter at issue. This is purely and simply a matter of affording some protection to Scottish council house tenants from what may be in the future, after the Bill is passed, very much higher and even excessive rents.

7.30 p.m.

I was invited by the hon. Member for Fife, West (Mr. W. Hamilton) to intervene during his speech. I did not do so because I was asked a specific question and I would far rather deal with this whole matter generally and hope to answer all the questions which have been put to me as I do so.

We are here concerned with reviews by local authorities of rents and with their making such changes in rents and rebates from time to time as may be most appropriate. That does not mean that the rents have to be increased or decreased. It means that the local authorities have to alter rents and rebates to meet the circumstances of their particular case.

In Scotland, as in other places, there is a vast range of incomes of tenants and what may be an excessive rent for one may be very much less than a proper rent for another. If a person can afford to pay an economic rent for his house, he should do so. I do not think that hon. Members opposite would suggest that the rents being charged in Milngavie are anything like the economic rents. There is no mysterious fund from which the cost of the upkeep of houses can be drawn. Apart from subsidies, the cost of upkeep can come from only two sources—rents and rates—and both are contributed by the people who live in the area of the local authority concerned. I say without fear of contradiction that if a person can afford to pay the full rent, he ought to do so. When we discussed Clause 11, which provides for the building of houses without subsidies, hon. Members opposite agreed that the rents for those houses should be the economic rents.

The Amendment is concerned with a local authority which is charging excessive rents, but I know of no local authority in Scotland—and this is the question which I was asked—which is charging excessive rents. There is another side to the question of the review of rents and that is the review of rebates. Every local authority should be concerned both with proper rents and proper rebates.

On a point of order. Rent rebates and what is happening with rent rebates have nothing whatever to do with the Amendment, which is specifically concerned with local authorities charging excessive rents, a matter with which the hon. Member has not been dealing.

Anything connected with whether a rent is excessive must be in order, and so far as the argument of the hon. Member for Aberdeenshire. West (Mr. Hendry) covers that point, he is in order.

Will the hon. Member answer one plain question? Is he or is he not in favour of protecting people against excessive rents? That is the only question before the Committee.

I thank you for dealing with that point of order as you did, Sir William. I will try my hardest to keep even more strictly in order. I do not think that the question of the hon. Member for Edinburgh, East (Mr. Willis) was strictly in order.

On a point of order. Is not the question put by my hon. Friend the Member for Edinburgh, East (Mr. Willis) the only question which is in order? Is not the question before the Committee whether a local authority should not be able to charge an excessive rent? Is that- not the question which the hon. Member for Aberdeenshire, West (Mr. Hendry) has to answer, whatever he may think an excessive rent is?

I saw nothing out of order in the question asked by the hon. Member for Edinburgh. East (Mr. Willis).

Further to that point of order. All that the Amendment seeks to do is to protect tenants against excessive rents. The hon. Member has now stated that he has no intention of addressing himself to this question? If that is so, is not his speech out of order?

If I am of opinion that the hon. Member for Aberdeenshire, West is out of order, it will be my duty to interrupt him.

The Amendment will produce absolutely nothing, and hon. Members opposite will agree that legislation which means nothing is bad legislation and should not be passed. The 1950 Act provides machinery for dealing with an excessive rent. It also provides that a local authority must consider rebates and make such changes in rebates as may be necessary from time to time. That is the best safeguard for ensuring that poorer tenants are looked after.

I cannot give way. Hon. Members opposite have complained enough about the passage of time, and I must take a leaf out of their book and refuse to give way.

The 1950 Act provides that a local authority shall have a duty to consider not only rents, but rebates, and that is an adequate safeguard for tenants who are not able to pay what the local authority regards as a proper rent. If in reviewing its rents and rebates a local authority fails to make proper provision for a person unable to afford to pay the rent, that person has the simple remedy of complaining to the Secretary of State, in accordance with the 1950 Act, and saying that that local authority has failed in its duty. The Secretary of State will then have a duty, under the Bill, to take disciplinary action against that local authority, no matter whether it has failed to charge a sufficient rent or whether its rents are too great.

With his views about the under-charging of rents, I wonder why the hon. Member for Aberdeenshire, West (Mr. Hendry) has not initiated an agitation for a review of rents in Aberdeenshire, which charges only £20 18s. a year, while Dunbartonshire, a county about which the hon. Member is constantly complaining, charges £6 a year more than the county which he represents.

That is something of a red herring, but at the risk of getting out of order, I ask permission to answer to some extent. The hon. Member has not kept himself up to date. Aberdeenshire now charges a rent of 10 per cent. over and above the rateable value.

It may be the hon. Member's latest information, but it is completely out of date.

I can put what I have to say in a nutshell. The provisions of the 1950 Act and of the Bill are sufficient to ensure that the Secretary of State can interfere if rents being charged are too low, as in the case of Dunbartonshire where they are 2s. 10d. a week, or too high for the tenants to pay. In either case a complaint can be made to the Secretary of State. In fact, a complaint does not have to be made. He can on his own initiative take action against a local authority to bring rent and rebates into line with the circumstances as appropriate in the area at the time.

We have had an interesting, lively, and, I think, fairly wide-ranging debate on this Amendment. Section 73 (5) of the 1950 Act requires a local authority from time to time to review rents and to make such changes either of rents generally or of particular rents and rebates as circumstances may require. The Amendment seeks to add the proviso that any change in rents resulting from such a review shall not result in the charging of excessive rents.

The Amendment is not concerned with the new provisions that we are proposing in Clause 29 to enable the Secretary of State to make a rent scheme where a local authority has been found to be in default. The hon. Lady the Member for Lanarkshire, North (Miss Herbison) is now turning her attention to the existing provisions of the 1950 Act and seeking to amend the provisions relating to a local authority's rent fixing obligations which have remained unchanged under both Labour and Conservative Administrations since 1949.

When the hon. Lady moved the Amendment, she expressed great concern about the possibility that a local authority might charge rents which were excessively high. In fact, she mentioned only one example, the small burgh of Milngavie, and it seemed to me that she was making rather heavy weather of this case. There has been no marked tendency on the part of local authorities in recent years to charge rents which are excessively high. As my right hon. Friend has said on a number of occasions, the trend has been in the opposite direction.

Mr. Manuel