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Home Department

Volume 805: debated on Thursday 5 November 1970

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First Offenders

1.

asked the Secretary of State for the Home Department if he will take steps to restore discretion to magistrates in the manner of treatment of first offenders.

I take my hon. Friend to be referred to the provisions in the Criminal Justice Act, 1967 which, with certain exceptions, require magistrates' courts to suspend sentences of imprisonment imposed on first offenders and offenders in certain other categories. I am keeping under review these and other provisions relating to the suspension of sentences of imprisonment with a view to possible future criminal justice legislation.

Top Security Prisoners

2.

asked the Secretary of State for the Home Department what was to be his Department's future policy regarding the imprisonment of persons rated as top security prisoners.

They will be dispersed among selected prisons with the necessary degree of security.

I thank the right hon. Gentleman for that reply. During the period before that dispersal takes place, in view of the disturbances that have occurred in top security prison wings, can the right hon. Gentleman give an assurance that there will be no cut in financial expenditure in view of the need to improve both the conditions and the security of such prisons?

There is no suggestion of any cut in expenditure provision for the prison service.

In the case of the four security wings that remain, will my right hon. Friend consider changing the policy of his predecessor and allowing representatives of national newspapers to see the conditions in those wings, so that they can inform the public of them?

Does the Home Secretary not consider that the time has come to institute some kind of inquiry, however informal, into the effects, both physical and mental, upon prisoners detained in these top security wings and upon the staff, upon whom there is a good deal of pressure in maintaining these wings? Can he tell us what effect the presence of security wings of this kind has upon other prisoners in the same prison?

That is the sort of consideration that we have in mind in the policy of dispersal. I agree that there are serious questions of the effect upon prisoners. That is why we are pursuing this policy as rapidly as we can. The actual availability of premises is the limiting factor.

Does not my right hon. Friend agree that a greater problem is the detention of violent prisoners, who are not necessarily top security people? Will he reconsider the question of dispersing them and considering, instead, putting them all in a special purpose-built prison? There is no doubt that dispersed in individual prisons they are like a bad apple in a barrel.

I know my hon. Friend's interest and concern in this matter, but this decision was taken after careful study by the Advisory Council on the Penal System, and I think that it is the right one.

Criminal Proceedings (Legal Aid)

5.

asked the Secretary of State for the Home Department if he will introduce legislation to require criminal courts to keep records of the grounds for the refusal of applications for legal aid in criminal proceedings.

Is the hon. Gentleman aware that in certain courts, especially in the Inner London area, there is a grotesque incidence of refusal to grant legal aid in summary proceedings, and that at the Marlborough Street Court there is a 68 per cent. refusal and at the Lambeth Court a 71 per cent. refusal? Is it not quite clear that the disparity that exists is due to the fact that justices' clerks are apparently applying different sets of criteria in the granting of legal aid?

We are aware that there are varying percentages in the granting of legal aid in the different Inner London courts, but my right hon. Friend has no information to establish that the courts are not using their judicial discretion properly; indeed, part of the variation depends on the different types of case going to different courts. We do not feel that requiring the courts to declare their reasons would be justified.

Would the hon. Gentleman not agree that it is quite unsatisfactory that there should be such grotesque disparities? Would he consider issuing a circular to justices' clerks?

I am not sure whether the Home Secretary would be entitled to issue a circular on a matter which is purely within the judicial discretion of the courts, but certainly we are anxious that all the courts should use their judicial discretion in the same way.

Fire Services

6.

asked the Secretary of State for the Home Department whether he will make a statement on the Government's plans for the future of the fire service in Great Britain, following publication of the Holroyd Report.

Her Majesty's Government endorse the Committee's conclusions that the operational efficiency of the fire service, in terms of attendance and performance, is highly satisfactory, that the service should remain under local authorities' control and that recruitment should continue to be based on the principle of one-tier entry; but they will form no detailed conclusions on the specific recommendations without full consultation with the local authority and fire service associations, which will be undertaken as soon as all concerned are ready.

I thank the right hon. Gentleman for that very positive reply. Would he not agree that, in view of the very difficult work being done by firemen and fire officers throughout the country, often in difficult circumstances, any doubts about the future structure of the service, particularly in view of the length of time that they have waited for the report, must be resolved as quickly as possible, in the cause of efficiency and morale? Can he promise an early statement in detail from the Government?

I hope that my state-men today will be of some assistance. I agree that it is important to press ahead with these consultations on this very important report.

But would the right hon. Gentleman not agree that some of the recommendations of Holroyd could be implemented much more quickly? Would he assure us that we shall not have to wait until all the recommendations can be implemented?

26.

asked the Secretary of State for the Home Department if he will detail official bodies consulted to date on the Holroyd Report on the fire service; and if he will make a statement.

The County Councils Association, the Association of Municipal Corporations, the Greater London Council, the Association of County Councils in Scotland, the Convention of Royal Burghs, the Scottish Counties of Cities Association, the Chief Fire Officers Association, the National Association of Fire Officers and the Fire Brigades Union.

Is the hon. Gentleman aware that while we are awaiting the final judgment of the Holroyd Report and the ultimate report we shall get from Lord Roben's committee on health and safety at work, fire authorities could make a very important contribution to safety from fire in factories and the home by using more extensively than is the case at present operational firemen on fire prevention duties?

27.

asked the Secretary of State for the Home Department what representations he has received from the Fire Brigades Union on fire service pay and conditions; and if he will make a statement.

The normal machinery for negotiating fire service pay and conditions is the National Joint Council for Local Authorities' Fire Brigades; but the Fire Brigades Union have asked me to set up an independent tribunal, and I am considering this request.

Will the Home Secretary accept that the patience of firemen and of our fire service generally is stretching to breaking point? Will he accept as a genuine statement from the Fire Brigades Union that the firemen have lost confidence in the current negotiating machinery in so far as it relates to the current claim on pay and service conditions?

I have seen both the Fire Brigades Union and the local authorities. I think that both sides are equally sincere in the position they have taken. As the hon. Gentleman knows, I am not a direct participant, but I hope that in my independent position I may be able to do something to resolve the deadlock.

Community Relations (Training Of Police Officers)

7.

asked the Secretary of State for the Home Department what steps he is taking to increase the number of police officers throughout Great Britain with special training in race relations.

11.

asked the Secretary of State for the Home Department if he will take steps to increase the provision of special training courses for police officers in community relations.

A working party is examining this matter. My right hon. Friend will review existing arrangements in England and Wales as soon as he has the working party's report.

I thank the hon. Gentleman for that reply. Would he not agree that, in view of the first line and highly delicate, sensitive work performed by the police in this area, there is an urgent necessity to step up the special preparation and special training to help them to do the job as properly and effectively as it can be done?

Yes, I agree with the hon. Gentleman. The working party has met twice already. I think that we should await its report, but I appreciate the urgency.

Is it not the case that very little formal training, as opposed to talks by senior police officers, has been carried out hitherto, especially into the customs and psychology of different community groups? Would the hon. Gentleman not agree that, in mixed community areas, it is very important that all policemen should receive formal training of this kind?

Yes, this is one of the matters which the working party will be examining.

Is my hon. Friend aware that there is an urgent need for an increase in the number of police officers, whether with special training or without?

Adoption

8.

asked the Secretary of State for the Home Department what steps he intends to take to introduce new legislation concerning adoption following the Report, Adoption of Children.

12.

asked the Secretary of State for the Home Department what steps he proposes to take to amend the law relating to foster parents and foster children, following the publication of the Houghton Report.

I would refer the hon. Members to the answer given on 29th October, by my right hon. Friend to Questions by the hon. Members for Glasgow, Gorbals (Mr. McElhone), for Accrington (Mr. Arthur Davidson) and for Blyth (Mr. Milne).—[Vol. 805, c. 167–8.]

Will the Minister assure us that the proposals to make it possible for mothers to give their final consent to adoption at a much earlier stage will be taken very seriously? Will he take into account the strong feeling that adoptions should be transferred from magistrates' courts to family courts?

I can assure the hon. Gentleman that all the proposals in the working party's paper will be given careful consideration. The purpose of the working paper was to enable interested parties to comment on them before the Committee put forward its final recommendations.

Will my hon. Friend take note that many hon. Members, while welcoming the general principles of the report, are uneasy about the recommendations that adoption agencies should no longer be allowed to make bringing up in a particular religious persuasion a condition of adoption? Will he assure us that he will have full consultations with all the Churches on this matter before reaching a final decision?

I can only repeat that the whole purpose of the Committee's working paper is to give it an opportunity to receive further evidence and consult all the relevant bodies before coming to its final conclusions.

Is the hon. Gentleman aware that there is still considerable public concern in this matter? Will he take into account recommendation No. 53 in the Houghton Report, which calls for the court to have discretionary powers to appoint persons with special qualifications to assist the court in its deliberations?

I am aware of the public concern in this matter, and so is the Committee, which is why it has decided to proceed in this way—so that every view can be fully aired before hand.

Prisoners (Employment)

asked the Secretary of State for the Home Department if he will take further steps to provide useful employment for prisoners in Her Majesty's Prisons during their periods of detention.

I welcome the Minister's statement. Would he agree that it is detrimental to the rehabilitation of prisoners that they should be kept locked in their cells for the bulk of their waking hours? Would he bear in mind especially the shortage of working facilities in maximum security conditions, such as in Leicester?

I agree entirely that people should not be kept locked in their cells for longer than necessary. However, as the hon. Gentleman knows, we have many problems of overcrowding which must be faced.

As the Minister says that the main obstacle in the way of provision of better working facilities is the very serious overcrowding in our prisons, would he consider publishing proposals on how the prison population could be reduced?

My right hon. Friend is at the moment considering various ways in which alternatives to imprisonment can be applied, as set out by the Wootton Committee, which recently reported.

Is it not a fact that the whole prison system will soon be bedevilled by heavy overcrowding? How soon will the Minister be bringing plans to the House for new prison building?

I am sure that the hon. Gentleman knows that we are at the moment faced with heavy overcrowding due to an extreme increase in the prison population in the early months of this year. I am happy to be able to say that the figures seem to have levelled out since the summer, but we are, of course, pressing ahead with our prison building programme.

Is the hon. Gentleman aware that, in some of the prisons of this country, prisoners are working only about 14 hours a week in prison workshops, and that, in order to improve this state of affairs, the Government must be prepared to invest a great deal more money in building new prisons and new workshops and bringing the existing ones up to date? In the present state of mind of the Government, it does not look as though any more money will be found for this purpose.

I am aware that the situation is unsuitable in certain prisons, but, on the second part of that question, the prison building programme which we have is that which we inherited from the previous Government. We are doing our best to speed it up.

Gaming Act, 1968

10.

asked the Secretary of State for the Home Department if he will make a statement concerning the operation of the Gaming Act, 1968.

The Act is in general operating well; but, in agreement with the Gaming Board, my right hon. Friend contemplates that in future the areas in which licences for general gaining may be sought shall be determined by a general formula instead of being individually selected. He is discussing the details of this formula with the Board and will make an announcement shortly. There will be no additions to the existing areas for the second licensing period, but the change should result in some additions for the third period so that successful clubs will be able to start operating in June, 1972.

I am much obliged to my hon. Friend for that answer. Is he aware that many of us will regard it as a substantial step in the right direction, because many of us take the view that the attempt to limit hard gaming by areas is somewhat absurd? As this is a somewhat complicated Act, will he institute a debate on its operation ere long? In the meantime, would he consider relaxing some of the restrictions on soft gaming, like bingo, in particular the restrictions on the advertising of bingo, which seem absurd to many of us?

My hon. Friend has asked me several supplementaries. The question of a debate is one for the Leader of the House. As for bingo, to the best of my knowledge, no approach has been made to the Home Office about any alterations on the lines that my hon. Friend suggests. I note his comments about what we are doing with regard to hard gaming.

If we are to have these gambling casinos, would the hon. Gentleman consider the anomalous situation which exists whereby the proprietors of these casinos can use recorded music in the casino but cannot employ live musicians?

I am aware of the position, but we have no proposals at the moment for allowing live entertainment with gaming.

What will be the criteria for the newly selected areas? Will an area like Wembley, which is a sporting area, be included?

I am afraid that my hon. and gallant Friend will have to await the statement which my right hon. Friend will be making as soon as possible. It will, of course, then depend on the criteria whether Wembley is included.

Is the hon. Gentleman in a position to undertake not to give in to the pleas of his hon. Friends and thereby wreck the principle of the designated areas which, according to the Gaming Board, was the only way in which the whole principle of the 1968 Act could be carried out?

As I said, we are proceeding with this matter in conjunction with the Gaming Board. Our intention is that in future areas should be determined by a general formula rather than being individually selected; but the hon. Gentleman will have to await the statement from my right hon. Friend.

Electoral Registers (Form A)

13.

asked the Secretary of State for the Home Department what steps he is taking to improve the design of Form A used in compiling electoral registers.

This form was redesigned in 1968 and minor improvements have since been made.

Does the Minister realise that one reason why Form A finds its way into the drawer and is ignored is that it does not point out sufficiently clearly that it is an offence not to return it? Will he consider amending it to obviate this difficulty?

The hon. Gentleman has written to me about this and I am considering this suggestion along with some of his others.

Immigration (Legislative Changes)

14.

asked the Secretary of State for the Home Department if he will now make a statement on his proposals for changes in the law regarding immigration.

I would ask my hon. Friend to await publication of the Bill which is to be introduced this Session.

When my right hon. Friend is preparing that Bill will he give particular attention, first, to those Britons who, because of generations of service to the Crown by their families, were not born in this country, and therefore have no right of entry, and, secondly, to those who, although they have no direct contact with this country, have British passports and should, therefore, be given some priority?

I will certainly give consideration to any point raised by my hon. Friend.

Now that the Secretary of State has had an opportunity to look at the books, may I ask him to say whether immigration from the Commonwealth is out of control?

Now that I have had an opportunity to look at the books I am confirmed in my view that the proposals contained in our manifesto were wise, and we intend to carry them out.

Secretary Of State (Visit To Scotland)

15.

asked the Secretary of State for the Home Department if he will make a statement on his official visit to Scotland on 11th July; and what was the cost to public funds.

I am obliged to the right hon. Gentleman. I knew his visit was private but I did not know the cost. [Laughter.] May I assure him that it cost a lot less than the Prime Minister's private visit on the same occasion?

In fact, I think that public funds made a profit out of me. However, it was worth it to see the opening at St. Andrews.

Northern Ireland

16.

asked the Secretary of State for the Home Department if he will make a statement on his most recent discussions with the Northern Ireland Government concerning the situation in Ulster.

42.

asked the Secretary of State for the Home Department whether he will make a statement on his recent consultations with the authorities in Northern Ireland.

I had discussions, which were confidential, with Major Chichester-Clark on 30th October.

Is my right hon. Friend aware that Sir Arthur Young enjoyed the confidence of the responsible minority in Ulster? Will he assure the House that Sir Arthur's resignation was not caused by political pressure from the majority at Stormont?

Since the whole future of civil peace in Northern Ireland depends on the police enjoying the confidence of the minority as well as of the majority there, may I ask my right hon. Friend to say what steps he proposes to urge on the Stormont Government in view of Sir Arthur Young's very worried statement yesterday?

I have only just seen the statement. It was made by Sir Arthur Young in his position as Chief Constable, responsible to the Stormont Government. I am certain that Major Chichester-Clark and his colleagues will be examining it as a matter of urgency.

Does the right hon. Gentleman intend to take action on a report published yesterday which shows that there are eight members of the R.U.C. still in the R.U.C. after having been found guilty of assault? Does he agree that such action is absolutely imperative in view of the effect that this will have on the minority in Northern Ireland?

Does my right hon. Friend recall that both General Freeland and the Roman Catholic Archbishop of Belfast referred to the outside influences involved in last week-end's disturbances? May we have an assurance that the intelligence staff will follow up their inquiries into the activities of these outside influences?

I saw those two statements, which I thought were designed to be helpful, and which were helpful. There are certainly some evil influences at work in Northern Ireland at the moment and we shall do all we can to prevent them from doing harm.

Although I agree that the Home Secretary is right in that comment, may I ask him to agree that there are evil influences at work on both sides? Does he accept that while the present state of affairs, as revealed yesterday by the Chief of Police in Northern Ireland, remains, and while no action has been taken against the people who were involved in Samuel Devenney's death—[Interruption.]—the fears and suspicions of the minority, not only in Derry but in the rest of Northern Ireland, will be strengthened far more than if positive action were taken in this matter?

I would certainly not say that the evil influences concerned were only on one side. I have never said that and I know that that is not true. As for the rest of the hon. Gentleman's supplementary question, that is a matter for the Northern Ireland Government and I know that Major Chichester-Clark will be examining it as a matter of urgency.

Mr Rudi Dutschke

17.

asked the Secretary of State for the Home Department if he will make a statement on the reasons for his decision to expel Mr. Rudi Dutschke from Great Britain; and whether he will reconsider the case.

I would refer the hon. Member to the reply I gave on Thursday, 29th October, to a Question by the hon. Member for Manchester, Blackley (Mr. Rose).—[Vol. 805, c. 177–8]

Does the right hon. Gentleman recognise that there is a good deal of disquiet about the way in which this matter is being handled? Is it not a fact that Mr. Dutschke has adhered quite firmly to the conditions under which he was allowed to stay here? Is it not grossly unfair on him not to be allowed to know the reasons why the Home Office chooses to seek to expel him?

Parliament has provided that there shall be an appeal from the Home Secretary's decision in this sort of case. While an appeal is pending I think it would be wrong for me to express any view on the merits of the case. However, I would not accept that the premise on which that supplementary question was put was necessarily true.

Now that my right hon. Friend has decided the form that the appeal proceedings are to take, can he confirm that the hearing will now proceed with the least possible delay?

I certainly hope so. This is a matter for the tribunal to decide; but, from my point of view, the sooner the better.

Under that part of the Immigration Appeals Act, which came into force on 1st July, was Mr. Dutschke informed in the first instance of his right of appeal under that Act?

He was informed at the first appropriate moment of the decision that had been taken and of his right of appeal and so on. He, or his legal advisers, have been kept fully informed ever since.

Does the right hon. Gentleman recognise that this decision is causing very great public concern in academic circles outside this House—[Interruption.] Hon. Gentlemen opposite may howl, but my postbag bears out what I have said, rather than their howls.

Does the right hon. Gentleman also recognise that if there are good reasons for the decision he has taken, it is absolutely critical for the well-being of the immigration policy of the Government and of the country that it should be justified publicly? Is he aware that if, at the end of the day, it smells as though an illiberal decision has been taken behind closed doors for non-public reasons, that will redound to nobody's good, neither his nor the country's?

I have said that the appeals system places an inhibition on me in the giving of the reasons to the House. The sooner I am able to give them, the better pleased I shall be.

Let us be clear about the procedure. Do I understand that the Home Secretary has referred this matter to a special tribunal because there are security considerations alleged to be involved? If so, does he intend, at the end of the day, to publish what those security considerations are supposed to be? If not, how could he have given such an affirmative answer to my hon. Friend?

Under the appeals procedure under the 1969 Act, where security information is involved which cannot in the public interest be made public, there is a special procedure laid down—this procedure was laid down in the last Parliament—to which I have scrupulously adhered.

With respect, the right hon. Gentleman has not answered my question. He gave my hon. Friend the Member for Barons Court (Mr. Richard) an assurance that when the inhibitions on him were released, he would be able to publish the reasons. I am asking him whether he is giving an undertaking to publish the reasons, which may be security reasons, and, if not, how he is able to justify them?

Clearly, I cannot publish what it is not in the national interest to publish—[HON. MEMBERS: "Oh"]—a situation for which the previous Government provided in their legislation. Apart from that one particular factor, the more that is published the better it suits me. As for the facts about the circumstances in which Mr. Dutschke came here and remained here and has asked for a different basis to remain here, the sooner I am able to make these known without inhibition, the happier I shall be.

Scientology

18.

asked the Secretary of State for the Home Department whether he will discontinue the ban on overseas visitors wishing to study Scientology, pending publication of the Report by the hon. and learned Member for Northwich (Sir J. Foster).

While appreciating that this is not the time to comment on the details of the case, may I ask whether the hon. Gentleman does not agree in general that there is a limit to the length of time over which any group may be selected for discriminatory treatment without announcing the reason?

An inquiry into this case was set up by the previous Government, and it is the policy of the present Government to adhere to the policy of the previous Government, in that we should await the report of the inquiry.

Is it not the fact that there are in this country always a great many eccentric beliefs, faiths and sects; and that it is usually a great error for them to be isolated by the Home Office for treatment?

An inquiry is taking place into this matter, and it would be wrong for me to comment, in addition to what has been previously said, while that inquiry is taking place.

Dangerous Wild Beasts (Protection Of The Public)

19.

asked the Secretary of Slate for the Home Department if he will introduce legislation to protect the public from dangerous wild beasts in private ownership.

The Animals Bill clarifies the liability at civil law of persons who keep potentially dangerous animals. Other aspects of this matter are being studied, but my right hon. Friend is not in a position to say anything at present about the need for further legislative provisions.

Will the Under-Secretary of Slate expedite his studies, having regard to the serious danger to the public, particularly to small children? Will he bear in mind that several thousands of potentially dangerous wild animals are imported without restriction every year; and that the cases of injury winch receive publicity are a very small minority of the total?

I can assure the hon. Gentleman that we are studying the problems involved, although I am happy to say that injury to members of the public in this country by wild animals is infrequent.

Vehicle Speeds (Radar Monitoring)

20.

asked the Secretary of State for the Home Department what progress has been made in the development for use by the police of a method of monitoring the speeds of vehicles by radar which provides a visual record.

Proposals by interested firms for the development of a new vehicle speed meter are under consideration.

Is my hon. Friend aware that I was told in February that the Home Office was working on a development of a device for this purpose? Is that the same device to which he has just referred, and can he tell the House when he expects to have practical results?

There are a number of different suggestions in this field. I cannot say at this stage when we expect to have the results. The technical problems are very real.

Obscenity

21.

asked the Secretary of Stale for the Home Department whether he will order an inquiry into the operation of the present laws relating to obscenity.

Is my right non. Friend aware that many people who have hitherto considered themselves to be broad-minded and tolerant are appalled by the obscene performances now appearing in some theatres and cinemas and, as the present system of law has quite plainly broken down, does he contemplate any change in the legislation?

The Question on the Order Paper asked whether I would order an inquiry. I think that there have been enough inquiries. The facts are pretty generally known. The law is fairly clear in these matters. I have no proposals to amend the law. I have not yet seen any improvement which would be effective and useful, but it my hon. Friend has any suggestion he cares to put forward I shall be glad to consider it.

Is the Home Secretary aware that his brief answer was correct? Will he refuse to be pressured, even by someone for whom I have such respect as I have for the hon. Member for Beckenham (Mr. Goodhart, into launching into any campaign which would ultimately lead to censorship of artistic effort?

These are difficult matters. I shall be glad to consider any concrete proposals that may be put forward by hon. Members.

United States Forces (Deserters)

22.

asked the Secretary of State for the Home Department if he will grant political asylum to United States forces deserters in Great Britain who have concientious objection to the war in Vietnam; and if he will make a statement about his decision in the case of Robert Cranshaw.

A deserter from the Armed Forces of a N.A.T.O. country is subject to the provisions of the Visiting Forces Act, 1952 and, with the authority of a court of law where necessary, may be handed over to his national authorities. The Act makes no provision for exemption from this procedure. It has not fallen to me to take any decision about Mr. Cranshaw.

Is not this a departure from the British tradition of granting such asylum, which is provided to refugees from other countries? Will not the Home Secretary follow the example of Canada, which has announced that its Visiting Forces Act will apply only to Service men based in that country? These men have come from other countries, and not from Britain.

The law is quite clear. It was passed in 1952, based on an agreement made in the summer of 1951. I must follow the law.

Will the Home Secretary answer the precise question? Does the law as drawn apply to men who have deserted elsewhere than in this country?

23.

asked the Secretary of State for the Home Department how many United States forces deserters in Great Britain have been arrested and handed over to the United States defence authorities since the beginning of the Vietnam war in 1965.

This information is available from police records only from January, 1968, since when there have been 10 cases.

Will the Home Secretary categorically deny that a round-up by American authorities in this country has recently begun?

I am not aware of that, but the United States Service police in the United Kingdom may, under the Act to which I have referred, arrest their own deserters.

Private Zoos

28.

asked the Secretary of State for the Home Department if he will set up an inquiry into the regulations governing the establishing of private zoos.

My right hon. Friend is considering representations which have been made to him on this matter, but he is not at present in a position to make a statement.

I thank the hon. Gentleman for that reply. May I draw his attention to the fact that there has been a mushrooming of small private zoos in the last few years; and that from the representations that I have received, and from my own observations, it appears that they leave a great deal to be desired in terms of security and of the standard of care for the animals in them? There is also danger to the public because of inadequate security measures in respect of many of the more dangerous animals.

As to the care of the animals, the hon. Lady probably knows that under the Protection of Animals Act, 1911, it is already an offence to cause any unnecessary suffering to any captive animal. As to her other comments, my right hon. Friend is, as I say, at present considering representations he has received.

Cinematograph Act, 1962

29.

asked the Secretary of State for the Home Department if he is aware of the unsatisfactory position arising from increasing abuse under Section 5 of the Cinematograph Act, 1952; and whether he will introduce amending legislation.

My right hon. Friend is aware of the recent devlopments to which my hon. Friend refers, and he is considering the problems that they raise.

Is my hon. Friend aware that in my constituency a cinema is perfectly legally under the existing law screening shows and making publicity of a character utterly revolting and obnoxious to thousands of my constituents—

Is my hon. Friend further aware that when Parliament framed this legislation it did not intend this kind of use to be made of Section 5? Will he expedite his arrangements for getting us out of this tangle?

I am aware that a club has recently been opened in my hon. Friend's division of Croydon, South. On the general principle, it is a question of striking a balance between the necessary interests of minority groups, which were intended to be covered by Section 5, and, on the other hand, the protection of the public from the type of influence to which my hon. Friend refers.

Will the hon. Gentleman concern himself more with the enforcement of fire regulations in club cinemas, because it is that type of flame which is much more his concern than the type of flame which is in the mind of the hon. Member for Croydon, South (Sir R. Thompson)?

I do not think that arises out of the Question, but I understand from my hon. Friend that that is covered by the Fire Precautions Bill which is due to have its Second Reading next week.

Borstal Institutions

30.

asked the Secretary of State for the Home Department what is the average length of time now spent in Borstal institutions by offenders sentenced to Borstal training; and what was the length of time spent by such offenders in such institutions in 1967, 1968 and 1969, respectively.

About 10 months in England and Wales; corresponding figures for 1967, 1968 and 1969 were 12·3 months, 12·4 months and 10·7 months, respectively.

Are not many young offenders being kept in borstal institutions for only six or seven months? Because of shortage of accommodation, are not young persons being kept in borstal, very often, for so short a time that it is impossible for the authorities to give them any adequate training in a skill, which is one of the main purposes of borstal training?

In the closed borstals in the North, the period of training has been less than that in other parts of the country and was for a time based on a course of only 28 weeks. I can assure my hon. Friend that that matter is being considered and that the trainees in those borstals spend a good deal longer under training than 28 weeks.

If the hon. Gentleman means the proportion of those who are convicted within three years of leaving borstal, I regret to tell him that I believe that the figure has risen to 70 per cent. from 50 per cent. when borstals first started.

Police Force

31.

asked the Secretary of State for the Home Department what is his estimate of the present shortage of policemen in England and Wales; and what plans he has for improving police recruitment.

I would refer my hon. Friend to the reply given to Questions on 29th October by the hon. Members for Kingston upon Hull, West (Mr. James Johnson), Dearne Valley (Mr. Edwin Wainwright) and Sunderland, South (Mr. Bagier).—[Vol. 805, c. 163–4.]

In view of the seriousness of the police recruiting situation, will my right hon. Friend give an assurance that he has no intention of repeating the policy of the last Government and artificially restricting police recruiting?

How will the Government's attitude on public service pay affect police pay and police recruitment in future, if police pay does not come up to the level for which the police are asking?

As obviously the question of pay affects the shortage of policemen, and as the Federation has apparently claimed a substantial increase, will the Home Secretary tell the House what instructions he has given to his representative on the Police Council as to the Government's attitude towards police pay?

I thought that the right hon. Gentleman, above all people, would know that when the Police Council reaches an agreement it submits it to me for my decision. It would be impossible for me in advance to announce what my decision is likely to be.

I am not asking to be told what the decision is. I am asking if any instructions—and, if so, what—have been given to the Home Secretary's representative on the Police Council, who is one of the representatives on the official side who decides what offers should be made.

I will certainly not disclose any instructions given in the course of a negotiation. What I will disclose is the undertaking given in our manifesto to strengthen our police forces.

Racially Discriminated Employment

32.

asked the Secretary of State for the Home Department if he will propose legislation to amend Section 6 of the Race Relations Act so as to make it illegal to advertise racially discriminated employment not only in respect of positions in this country but also in respect of overseas employment.

Section 6 of the Race Relations Act, 1968 already makes it unlawful to indicate an intention to discriminate on grounds of colour, race or ethnic or national origin in an advertisement which appears in this country and offers employment either here or overseas.

Are not most of the jobs in South Africa which are advertised in this country racially discriminatory? If what the hon. Gentleman says is true, is it not true that the law is not being enforced; and will he enforce it?

It is for the Race Relations Board to take action if it considers that the law is broken in any particular case.

Children (Employment)

33.

asked the Secretary of State for the Home Department whether he will institute an inquiry into the employment of children with a view to ascertaining to what extent the law is being broken and whether legislation is required to strengthen the existing legislation and to provide more effective means of enforcement.

I refer the hon. Member to the reply I gave to his Question on 29th October.—[Vol. 805, c. 185–6.]

Will the hon. Gentleman look at this matter again? Will he refer to the inspectors of the Greater London Council, who will tell him that more and more infringements of this law are occurring and that it is not worth while to take proceedings because purely derisory fines of 10s. or so are imposed?

As I said to the hon. Gentleman earlier, a research project is taking place into this matter, the object of which is to find the facts.