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Commons Chamber

Volume 918: debated on Wednesday 3 November 1976

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House Of Commons

Wednesday 3rd November 1976

The House met at half-past Two o'clock

Prayers

[Mr. SPEAKER in the Chair]

Oral Answers To Questions

Environment

Local Authorities (Staffing)

Order. Does the right hon. Gentleman intend to wait for the answer before asking his supplementary question?

Mr. Graham Page, to ask Question No. 1.

1.

asked the Secretary of State for the Environment what recent advice he has given to local authorities on staffing.

I congratulate the right hon. Gentleman on opening Question Time on such an agreeable note.

Following my Department's Circular 84/76 issued in August about local authority expenditure in 1976–78, I met the local authority associations at the consultative council on 20th October. I made it clear to them that, while it was essential to reappraise manpower needs to conform with the provision for local authority expenditure in the financial years 1976–77 and 1977–78, it should be possible to achieve the savings required very largely by natural wastage rather than redundancies.

Since I was fairly sure what the answer would be, Mr. Speaker, may I now ask the Secretary of State whether he is aware that the Conservative-controlled Sefton Metropolitan Borough Council, in whose area my constituency lies, has managed, since reorganisation, to employ less staff than were employed before reorganisation by the former boroughs which comprise the new borough?

Has not the Secretary of State been rather slow to use the persuasive and many other powers which he has to stop local authorities using reorganisation as an excuse for swollen local bureaucracy and to ask them to emulate the very good example of my own borough?

I can well understand the right hon. Gentleman's sensitivity about charges that reorganisation might have led to growth in the number of local authority employees. After all, he played a very prominent part in setting up the present structure of local government. I do not think that anyone other than the authors of reorganisation would absolve the reorganised local authorities from the charge that, whatever else their virtues may be, there has been a very great increase in staff employed. Sefton is probably an exception to the rule, if what the right hon. Gentleman said is true, as I am sure it is. It is not the general experience.

In approaching local authorities, we have urged upon them the need to look very carefully at their manpower needs and, above all, to conform to the figures for total local government expenditure laid down in the February White Paper.

Is not the reluctance of the Opposition to listen to advice on this matter a clear indication that the reorganisation of local government led to an inevitable increase in staff? Will my right hon. Friend give some indication of the growth since reorganisation in the number of those who administer the services as opposed to those who deliver them?

Will my right hon. Friend confirm that standards will not be allowed to deteriorate because of synthetic attacks by the Opposition on staffing levels, and that it is most important to maintain public expenditure—[Interruption]—in order to maintain services which are of importance?

There is no sense in the length of some of the supplementary questions. I appeal to hon. Members who are now shouting to be brief with their own supplementary questions—if they are lucky enough to be called.

It is undoubtedly true that there has been a considerable growth—of the order of 4 per cent. per annum—in local government manpower since reorganisation. In the last year, however, it has been slowed down. Indeed, the last figures we have for local government employment show that the growth was under 1 per cent. in the year up to June 1976. I would expect that there will be a standstill situation by the end of this year.

It is, of course, important to maintain standards—I think we are all deeply aware of that—but I believe that much can be done by a better deployment of existing resources than has at present been achieved.

The Secretary of State accepts, I think, that Government policy will entail some redundancies in local government next year. Is he able to give us any idea how many redundancies there are likely to be as a result of Government action? Will he also give us an assurance that where local authorities are forced to implement redundancies they will have his backing?

It would, of course, be wrong for me to say that no redundancies will arise. I do not think that any Secretary of State could have given such an assurance at any time in relation to local authorities. I do say, however, that redundancies should be exceptional and local, as the savings required overall—that is, nationally—should be capable of being contained within the margins of natural wastage of staff.

Council Housing Standards

2.

asked the Secretary of State for the Environment if he is satisfied with the building standards applied in local authority house building.

I thank the Minister for that detailed answer. Will he comment on the assertion made by some people that about £50 million a year could be saved if the standards used for building council houses were those of the NHBC instead of Parker Morris, or the alternative assertion that we could build 25,000 more houses a year for the same money?

I do not know where those assertions are made, and I should be interested to receive more detailed submissions. I would study them with great interest. I know that schemes have been introduced by local authorities for building for sale, with our support, at different standards than Parker Morris which have resulted in savings. But they have been savings well below what has been broadly claimed for these schemes where they have been changed from Parker Morris to somewhat different standards operated in the private sector.

As for the possibility of building more homes from the same resources, although I should be interested to hear further details of the figures quoted by the hon. Gentleman, I prefer at present to press for greater efficiency on building sites. The loss of material in building site work is such that 13,000 dwellings-worth of material is being lost each year.

Does my right hon. Friend agree that, quite apart from the principle of not lowering standards on public sector building, it would produce a strange anomaly in that we could have a situation where prospective Liberal candidates were running around these second-class housing estates playing at community politics in order to get on local councils?

I cannot speak for the Liberal Party. On a suitable occasion I have no doubt that Liberal Party Members will speak for themselves. There is no intention on our part to reduce standards. However, there is scope for looking at greater flexibility in the use of basic standards in the public sector. That we are prepared to do and are doing.

Housing (Co-Ordination)

3.

asked the Secretary of State for the Environment if he is satisfied with the degree of co-ordination between his Department and local authorities on housing matters.

We continue to have close contact with local housing authorities. But, as I have indicated before, I am seeking a new relationship with housing authorities which, within firm capital budgets, would allow them greater freedom to tailor their housing investment programmes to local needs.

Do the present closer contacts make the Secretary of State realise that many rural local authorities do not think that they will be able to meet the obligation to be placed upon them under the tied cottage legislation without some relaxation of the restrictions on the treatment of stress areas? Why is his Department being so obstructive with those local authorities, like Alnwick district, for example, which want to buy just a few privately-built unoccupied houses to meet urgent housing needs?

I cannot answer the hon. Gentleman's question about Alnwick District Council off the cuff. However, on the broader question of the tied cottage legislation, this matter was thoroughly debated in the House, and if there is an opportunity it can be debated further. Our general view—it was not simply a Department of the Environment view but arose out of consultation with local authorities—was that the new obligation could be met by local authorities out of their existing programmes.

Is my right hon. Friend satisfied that there is sufficient co-ordination between the different parts of his Department when dealing with the same authority—for instance, when one part of his Department tells a local authority that it can demolish a housing area and when another part of it refuses to give permission to rebuild?

If my hon. Friend will give me details of his illustration, as he sees it, of contrary policies emanating from the same Department, I shall be pleased to look into them and see whether I can reconcile them.

Labour-Only Sub-Contractors

4.

asked the Secretary of State for the Environment if he will issue a circular to local authorities requesting them not to issue tender documents for contracts which seek to exclude the employment of labour-only sub-contractors by the main contractor.

Why not? When will this Government realise that the efficiency of the building industry should come before encouragement giving the Trotskyites and Communists the power to cheat decent working people of their livings?

I am not sure whether I should rise to that bait or even answer the hon. Gentleman's supplementary question. But it is far from the truth to suggest that the great growth in "lump" labour which occurred a few years ago contributed to greater efficiency in the building industry.

Is my right hon. Friend aware that the worst examples of jerry-building to be found in the country are in the private building sector?

Certainly over decades past we have had experience of jerry-building which we should seek to do our best to avoid. It is not for me to say that it is operating on the same scale as was the case in past decades. I do not think that it is. But there is a need to tighten up efficiency and the quality of work in the building industry. To advocate a return to massive "lump" labour employment in the industry, as the hon. Member for Cirencester and Tewkesbury (Mr. Ridley) does, would act against such a policy.

Windscale (Nuclear Reprocessing)

6.

asked the Secretary of State for the Environment whether he will call in the planning application submitted by British Nuclear Fuels Ltd. for the expansion of its nuclear reprocessing facilities at Windscale.

I understand that the planning committee of the Cumbria County Council decided yesterday that it was minded to approve, subject to agreement of appropriate conditions, the planning application, but that the application should first be referred to me as a departure from the development plan. I will decide what action to take when I have studied its representations.

Whatever action the Secretary of State decides to take, will he undertake now to make a detailed statement to the House about this matter within the next 21 days and give special consideration to the idea of calling in that part of the application relating to oxide fuel reprocessing, which is the most sensitive aspect of the expansion plans of BNFL and which has caused most concern not only in the Royal Commission reports on environmental pollution but also among local residents?

I think that I should wait until I receive the observations in the letter from the Cumbria County Council which, I understand, is on its way to me now, and, of course, I shall consider reporting to the House on any decision that I make.

Will the right hon. Gentleman explain why he did not call in this application in the first place since the implications of the decision go far beyond the interests of Cumbria alone? Will he give a more firm undertaking to report to the House on the matter and not merely consider reporting?

I am quite willing to give that assurance. I will report to the House. I had to consider this, and I did. I considered it under two separate responsibilities—that is to say, as the Minister concerned with planning and planning applications, and also in my other role as guardian of the Nuclear Installations Act 1965, in which I have a quite separate responsibility to satisfy myself about the safety of the disposal of nuclear wastes. I can assure the House that I shall exercise that responsibility to the full.

Has my right hon. Friend seen the statement by the Chairman of Cumbria County Council yesterday that a local planning authority is not competent to judge the safety standards of pollution or the security of fissile material? In view of this, and since the matters raise concern well beyond Cumbria, will he accept the view of the Town and Country Planning Association that the planning of these matters should be undertaken at a national rather than at a local level?

The safety considerations are those which most concern people who have urged me and the county council either to refuse or to call in the application. But I must point out that not only have I myself the responsibilities which I mentioned under the Nuclear Installations Act 1965 but that there is a further separate responsibility for nuclear installations of all kinds which falls upon my right hon. Friend the Secretary of State for Energy. These responsibilities are exercised with very great care over every stage of the construction of nuclear power stations and nuclear-associated facilities.

When he is taking his decision, will the right hon. Gentleman bear in mind the rising tide of public opinion in the Solway area against the concentration in the area of so many of the country's dangerous nuclear industries?

Obviously a number of people have written to me, and there was a public meeting in Cumbria itself during which these matters were thrashed out and discussed by all the local interests involved. But it is only fair and proper to say that the overwhelming opinion at the public meeting, which was well advertised before being held, was in favour of going ahead with the project and expressed considerable confidence in the safety procedures.

Rate Support Grant

7.

asked the Secretary of State for the Environment whether he has completed his negotiations for the rate support grant settlement for next year; and if he will make a statement.

Can the Secretary of State bring the House up to date on the figures for local authority overspending this year? What does he intend to do about this in the grant next year? Does he realise that any reduction in the rate support grant next year in real terms will mean redundancies in local authority staffs? Will he, in fairness to the staffs, ensure that there is no further switch, as has been the practice over the last two years, from the fast-growing country areas to the depopulated inner urban areas?

I cannot give any assurance one way or the other on the particular formula which I will adopt for distribution of the grant. I have made it my business to listen very carefully to spokesmen from different local authority associations about their different interests.

The overspending situation has improved. A few months ago when we talked about overspending we were talking about £400 million; now we are talking in terms of £150 million to £200 million. While it is right that this over-spend should not continue into 1977–78—and I intend to see that it does not—I do not accept that the necessary economies which need to be made will involve the redundancies to which the hon. Member has referred.

Does my right hon. Friend agree that when he makes the statement it will not be as outrageously and disgracefully inaccurate as the last rate support grant statement made by the Conservatives on 22nd January 1974? Will he remind the House of the outrageous inaccuracies stated on that occasion?

I am grateful to my hon. Friend. I have not delved into the history of the ill-doings of my predecessors but, now that my hon. Friend has invited me to do so, I will.

I completely deny what the hon. Member for Rother Valley (Mr. Hardy) has said. Has the Secretary of State considered new procedures in settling the rate support grant so that in future it can be settled long before the last week in November? Great inconvenience has been caused to local authorities through this procedure which has been adopted by Governments over many years. So that local authorities will know what they can get much earlier in the year, will he consider a change?

I think that for a number of years November has been accepted as the month in which the settlement should be made. However, I am willing to hear representations on matters of this kind to see whether things can be made easier for local authorities, which have to budget ahead and obviously would welcome as much time as possible.

As the Secretary of State has had meetings with the TUC on this matter, will he also meet Members of this House, members of the CBI and representatives of ratepayers' action groups?

I have never cut myself off from hon. Members who wish to see me. As we approach the rate support grant determination, however, the physical ability of Ministers to see the very many different groups who have a legitimate interest is limited.

Horse Guards Parade (Parking Permits)

9.

asked the Secretary of State for the Environment by what percentage the number of passes issued for parking on the Horse Guards Parade has increased or decreased since October 1974.

The number of passes issued has increased by approximately 6 per cent.

Does the Minister feel that he is fulfilling his duties in protecting the environment by allowing such an annual increase in the number of these passes issued to privileged people parking in what is, after all, a public place? What categories of people are entitled to park free of charge on Horse Guards Parade?

The 6 per cent. to which I referred was in the year for which the hon. Gentleman asked; it is not an annual increase. Some of the passes have gone to departmental staff who are increasingly required to work outside the hours when public transport is available. Also, some of the increase is due to the fact that we have had to accommodate the temporary closure of the old Admiralty car park while an emergency power station is being erected in the Vicinity. That will be completed in August 1978, and a substantial number of the passes for Horse Guards Parade will then cease.

Is my right hon. Friend suggesting that these people with parking passes are working such anti-social hours that it is impossible for them to use public transport? Is it still Government policy to dissuade people from bringing private cars into central London?

The answer to the first part of my hon. Friend's question is "Yes". These are the people who work for Ministers of the Government, and it is because they are required to work the anti-social hours which we in this House inflict on them and ourselves that this situation has arisen.

Housing Finance Review

10.

asked the Secretary of State for the Environment when he expects to publish his Department's housing finance review.

Pending the much-delayed publication of the review, will the Secretary of State tell the House that the call at the Labour Party Conference for a total freeze on council house rents is totally unrealistic, given the economic crisis and the need to reduce indiscriminate subsidies?

No doubt the hon. Gentleman follows my party conference as closely as I do. But I was there, and I do not recall any resolution calling for a total freeze on council house rents in the coming year. If there had been such a call, I would have said that it was not one which this Government could accept.

Will the Secretary of State undertake to seek comments from local authorities which have had successful experience in building houses for sale to people who might otherwise have sought council tenancies, with considerable financial benefits to capital and revenue accounts resulting from this policy?

I have no objection at all to councils building houses for sale, but we have found that there are not very many councils which have so far operated this policy.

Listed Buildings

11.

asked the Secretary of State for the Environment if it is his intention to vary the General Development Order in such a manner as to remove from local authorities the need for them to notify his Department of any planned changes to the existing state of listed buildings, other than grade I or grade II.

Yes, Sir. I intend to make an amendment to the General Development Order when a suitable opportunity arises.

Is the Minister aware that that will be bad news to many people who regard these listed buildings as a vital part of the historic fabric of our towns, cities and countryside? Will he consider, in the light of what he has said, making notifiable to amenity societies any proposed planning changes which are not to be notified to his Department? That would avoid the unacceptable planning by-products that will result from what he has just announced, such as the unacceptable disfigurements from supermarket developments which we have had over the years.

This change does not in any way diminish the degree of listed building control. The change has already occurred in one place, in a direction which has only recently required planning authorities to notify the Secretary of State of all grade II buildings. The reason for the change was that there was a considerable waste of staff time in the Department of the Environment, as was evidenced by the fact that 11,000 of these applications came before the Department in two years but only seven were called in. I would welcome the need for amenity societies to be made aware by the local planning authority. The best chance we have of preserving these buildings is to encourage active public participation.

Does my hon. Friend accept that not all local authorities are equally concerned about the preservation of historic and architectural merit? Therefore, it is vital that the Government, at central level, should continue to take a firm stand in defence of listed buildings.

This must be a locally determined matter. It is impossible for the Government to have a close interest in every listed building in the country. When it is obvious that the planning committee of a particular local authority does not take enough interest in listed buildings, the local amenity societies do, and they maintain a check on this.

When a grade II building is burned to the ground, does the local authority have the power to say that it need not be rebuilt, particularly in present economic circumstances?

Council House Building

13.

asked the Secretary of State for the Environment what is his latest estimate of the number of public sector housing starts for 1976; and what is his policy towards the level in future years.

Starts and completions in the public sector are likely to be higher this year than last, when they were 174,000 and 162,000 respectively. In 1977, starts will be lower but completions are again expected to exceed the 1975 figure.

Will my right hon. Friend confirm that the likely level of future starts by English local authorities will be around 100,000 a year in future years? Is he aware that that figure is only three-quarters of the level achieved by the Labour Government of 1966 to 1970? Is he aware that in many quarters of the Labour Party there is concern that the Government are abandoning their commitment to maintaining a house-building programme which was an essential feature of their first two years of office?

I accept that the starts will be lower next year than they have been in 1975–76. There is no point in disguising that, and I would not dream of doing so. But there is a contrast between the Labour Governments of 1964 to 1970 and this one. Under the earlier Governments there was a massive emphasis on new building. The emphasis now is on rehabilitation and improvement as well as on new building.

In view of the broad hints given by the Chancellor of the Exchequer to the Labour Party economic committee yesterday, may I ask whether the Secretary of State expects to get beyond Christmas without having to announce further cuts in the public housing programme?

The hon. Gentleman has the advantage of me. I found myself rather heavily engaged on other matters this morning and, therefore, I have not read what my right hon. Friend the Chancellor said.

Is my right hon. Friend aware that in Liverpool the local Labour-controlled authority is faced with the Liberals and Conservatives combining to stop the development of local authority housing because of an argument about the sale in the past of council housing? Will he look into this and ensure that the local authority is given support?

I included Liverpool in the stress areas. By definition, therefore, it is an area in which we judge new house building to be clearly required. I do not know of the obstacles that my hon. Friend has mentioned in terms of the disagreements within the council, but if it is appropriate for me to intervene in a helpful way I shall consider doing so.

Will the right hon. Gentleman tell the hon. Member for Gravesend (Mr. Ovenden) that the figure of 100,000, which he quoted for starts in England next year, is too high? Will he confirm that the Government's own figure is about 85,000?

I think that the hon. Gentleman is nearly right on starts. We have said that on average we expect to achieve 100,000 per year over the two years. This year the figure looks as thought it will exceed 100,000—it could run to 110,000. This would mean, therefore, that there would be proportionately fewer starts next year. The figure could be 90,000, but it would depend upon the balance between the two years.

Will the Secretary of State take on board the earlier questions about co-operation between local authorities and private house builders? Is he aware that this is one way of surmounting the inevitable shortfall which lies ahead? Is it not important for local authorities and private builders to get together to build houses in the lower price range, and should not greater encouragement be given to housing societies which can renovate older types of properties more cheaply?

If it would help to sustain the house-building programme within the inevitable constraint on public expenditure, we should be anxious to look at any suggestions, including those of the hon. Gentleman.

Rent Officers

15.

asked the Secretary of State for the Environment what will be the future rôle of rent officers.

The method of fixing fair rents, for which rent officers are responsible, is one of the matters to be examined in the review of the Rent Acts now being undertaken.

In view of the valuable work that rent officers have done and the expertise they have accumulated, will the right hon. Gentleman consider extending their activities to advising local authorities, since there are considerable fluctuations in rent levels for the same accommodation between different authorities?

There is no reason why local authorities should not consult whomever they wish on a normal type of informal basis to help them come to a view about the deployment of rents in their areas. I shall consider whether there is a need to examine this matter in the context of the Rent Acts review, but I should not have thought that there was.

Are not unfurnished houses valued on a net rateable value basis by the district valuation officer? What is the point of having two separate officials valuing the same house? What additional function do rent officers perform, if rents are to be controlled, which could not be better carried out on the basis of the NRV?

I recall extensive arguments on that and related points when the 1965 Rent Act was passing through the House. Arguments were presented and conclusions reached against that approach. At this stage I can say only that all such views and representations will be considered as part of the Rent Acts review. If the hon. Gentleman wishes to make a submission, we will consider it appropriately.

Is not the difference between a valuation officer and a rent officer that, among other things, a rent officer goes to the place and sees the premises whereas a valuation officer goes nowhere near them?

I am not sure that I should risk being drawn too far down that road. In general, however, I believe that my hon. Friend is right. It would be physically impossible for the valuation officer to visit every house, but that is inevitably a part of the rent officer's duties when he is dealing with individual applications for changes in rent.

Has the Minister given further thought to the anomaly that exists which depends on whether the landlord is resident? In one case the tenant goes to the rent officer and in the other he goes to a rent tribunal. Similarly, in one case he gets awarded a fair rent and in the other he gets a reasonable rent. This is an unsatisfactory arrangement. Does it imply the eventual phasing out of rent officers or rent tribunals?

I do not know what the word "this" refers to. We have undertaken a review of the Rent Acts. The point that the hon. Gentleman raises was raised during the deliberations of the Francis Committee when the merging of the two services was considered. It is not impossible to consider this matter as part of the review, but it is not for me to say today what conclusions might be reached in the review.

Council Housing Programme (Social Effects)

16.

asked the Secretary of State for the Environment if he is satisfied with the social consequences of the current council house-building programme.

During 1974–76 a total of 416,000 dwellings were or will have been started by local authorities, new towns and housing associations, so that by the end of 1977 approximately 430,000 dwellings will have been completed. Thus about 1·3 million people have been or will be housed in good-quality publicly-owned dwellings in the period 1975 to 1977.

Does not the Minister consider it socially desirable to bring up the younger generations to be owner-occupiers? Is not one of the ways of doing that for councils to be encouraged to build new dwellings for sale and to maintain most of their existing stock for letting?

I find this concerted campaign of questions from the Liberals on this matter most interesting. However, they come about 18 months—or perhaps even more—too late. I refer them not only to the various speeches and statements by myself and my hon. Friends in the Department but to the policy circular "Housing Needs and Action" which we issued and which covered precisely the sort of points which are being made by the Liberals today.

Is my right hon. Friend aware of the serious social consequences which could develop from the future decline in the council house-building programme? What answer does he intend to give to Shelter, which has criticised the singling out of so-called stress areas on the ground that there is an acute shortage of rented accommodation in all areas of the country?

I do not wish to get involved in a detailed discussion of the Shelter statement except to say that I accept parts of it but that it would be wrong for me to accept it in full or generally. My hon. Friend is quite right. If there is a reduction in house building in areas of shortage or where there are large numbers of properties to be cleared rather than rehabilitated, it means that people will be continuing to live in conditions in which they should not be expected to live.

However, the Government have to act within the prevailing economic circumstances, and housing could not escape unscathed from the recent review of public expenditure. I repeat what my right hon. Friend said earlier. We shall do our best to protect housing programmes—whether new building, rehabilitation or housing association programmes—in the areas most hard hit, the priority stress areas. We shall be developing and refining this policy in the housing policy review which we are now carrying out.

Does the right hon. Gentleman see in his proposals for extending the work of direct labour departments a significant contribution to the effective use of labour resources in the industry? What criteria has he for the operation of direct labour departments?

The answer to the first part of the hon. Gentleman's question is "Yes". I wish to see an expansion of efficient direct labour organisations. The answer to the second part of the question will be put before the House when we introduce legislation on this matter not too long from now.

New Towns

17.

asked the Secretary of State for the Environment if he will make a statement on the future development of new towns, in the light of current housing needs.

No, Sir. I shall report to the House as soon as the review of future policy on dispersal is completed.

Is my right hon. Friend aware that many of us who were born in inner city areas welcome the Government's intention to pay more attention to those areas in future? However, will he also reassure some of us who are concerned with new towns that there will be no diversion of resources from them as this would lead to a lengthening of housing waiting lists for second-generation and other applicants which many of us would feel bound to oppose very strongly?

I welcome what my hon. Friend, as one who was born in an inner city area, has said about the new stress we are putting on helping those areas. As to the future role of new towns, we are proceeding with the review and I hope that we shall be able to complete it and make an announcement at an early date.

Is the right hon. Gentleman aware that there is a growing feeling in my part of Lancashire that the Central Lancashire New Town is no longer required and that, if it is proceeded with, it will have a very adverse effect on other, older parts of the county on which any available money could be very much better spent?

I note what the hon. Lady says. She will probably know that the outline plan decision on the CLNT is before me. I hope to come to a conclusion on it as soon as possible.

Water Resources (North-West England)

19.

asked the Secretary of State for the Environment what plans he has for the further integration of water resources in North-West England.

The North-West Water Authority has executive responsibility for the management of all water resources in its area and I have no plans at present to make any change in these arrangements.

Is the right hon. Gentleman aware that any attempt to nationalise the Chester Waterworks Company would not be welcomed by my constituents? In the event of his doing so, by how much does he estimate that the cost of water would increase?

When I make a statement shortly on the future of water supplies, the second part of the hon. Gentleman's question might be relevant. Most of the operations of the company to which he refers are not in the North-West Water Authority's area but in the area of the Welsh National Water Development Authority. Many of us have noted in this dry summer that the exclusion of private companies from the water industry as a whole has been regrettable.

The right hon. Gentleman has referred to resources in Wales which serve North-West England. Is he aware that water from Wales for industry in the North-West is sold at about half the price at which it is available in Wales and that water taken from Wales by the North-West authorities is sold back to Wales at a much higher price? Does he not agree that it would be equitable for Wales to have more benefit from its resources?

I am well aware of the fact that in this dry summer the Welsh people have had cause to be grateful for the large-scale investment by Lancashire, Liverpool and the Midlands in establishing water industries in Wales. If we had not had those resources available to us, we might have been in an extremely difficult situation.

The undertakings which were built by municipal authorities—what might be termed municipal Socialism—have brought tremendous benefits in rateable value and employment to the areas concerned.

Is my right hon. Friend aware that, although I realise that there is an advantage to Merseyside under the present arrangements, hon. Members from Wales have a point? Will he look at the matters which our Welsh colleagues have raised?

I am not quite sure what point my hon. Friend thinks that our Welsh colleagues have. There is a discrepancy about charges, but the Government's proposals for a degree of equalisation will considerably assist in that direction and will be forthcoming in the not too distant future.

How can the right hon. Gentleman justify the extraordinary slur on water companies contained in his reply to my hon. Friend the Member for City of Chester (Mr. Morrison)? Has he one scrap of evidence to show that they have failed in their duties? Is he aware that I consider that the 28 water companies have done as well as, if not better than, the regional water authorities?

I made no slur on the companies. I observed that at a time of national water shortage the policy of excluding private companies from the totality of available water resources has turned out to be nonsense.

Housing Expenditure

20.

asked the Secretary of State for the Environment whether he is satisfied that the present distribution of public expenditure on housing as between subsidies and investment or improvement is the most effective in order to relieve housing needs and sustain employment in the construction industry.

I welcome that brief reply, but will my right hon. Friend bear in mind that in the last seven or eight years we have been spending two and a half or three times as much on investment in new building and improvements as we have on subsidising mortgages and council rents? Even accepting the current restraints on public expenditure, does he not consider that we could achieve better results? Does he agree that we are effectively subsidising those who have satisfactory housing at the expense of those who desperately need it and those who work in the industry which could supply it?

We have to accept that we are operating on a very tight budget for housing expenditure, and we must therefore try to get the best results within that budget. I would not say that I think that the right distribution has been achieved between subsidies and investment, new building, modernisation and other work. However, there is an additional problem. It is not just a matter of the best possible housing policy. Housing and rent policy must play a part in the broader counter-inflation policy.

In simple language, does that answer mean that council rents must inevitably rise if the right hon. Gentleman envisages transferring money from housing subsidies to further investment and improvements?

Council house rents have risen this year and will inevitably rise next year. The question to which we must address ourselves is whether, in the context of the counter-inflation policy, the rise is to be one which can be borne by council tenants or one which will be unacceptably high. We have to make a judgment on that matter.

Why should council house rents rise and why should it be planned that housing subsidies be cut, relatively speaking, at a time when the Government found it possible to have £70 million transferred for the use of the Slater Walker debacle that took place in November 1975?

I assure my hon. Friend that, other things being equal, if I could lay my hands on that £70 million I should like to deploy it in my housing programme. We have to face the fact that the present situation partly reflects the much higher levels of interest rates that have persisted in recent years and the fact that rent income for housing revenue accounts accounts for historically a low part of the total.

Is the right hon. Gentleman aware that the Minister for Housing and Construction has three times obstinately refused to receive a deputation from Harrow with an ingenious and imaginative idea for a home-purchase scheme that would provide additional topping-up on a mortgage or loan over and above the normal one, which would enable people to buy council houses on a total subsidy element far smaller than the existing subsidy on new buildings?

I am sure that my right hon. Friend will be most receptive to any proposals for topping up loans or anything else which is relevant and helpful to the housing situation. I advise the hon. Gentleman to write to my right hon. Friend on the matter.

Water Supplies

22.

asked the Secretary of State for the Environment if he is satisfied with the operation of the Drought Act.

23.

asked the Secretary of State for the Environment if he is satisfied with the advance warning system for anticipation of a water shortage.

Yes, Sir, the Drought Act was of considerable importance in enabling the water industry to meet the unprecedented drought situation. I am satisfied that in conjunction with the water industry we can build on this year's experience to ensure the earliest possible warning of any recurrent water supply problems next year. I shall be making a statement on all these matters very shortly.

Is the right hon. Gentleman aware that the procedure involved in making an application for powers under the Drought Act was so long that the Welsh National Water Development Authority was suffering from flooding as opposed to the drought for which it wanted powers to act?

No. I think that that supplementary question shows considerable confusion. Fortunately, some of the many hundreds of orders made under the Drought Act could be made within a matter of days. If they were of a more substantial and permanent character, obviously we could not use the Draconian powers in the Act without giving the owners of property and land a proper opportunity to make representations and the Secretary of State a reasonable time in which to determine the applications. However, I can assure the House that in all cases the process was considerably shorter than is normally the case for such applications.

Does my right hon. Friend realise that he is regarded by Labour Members, and probably throughout the country, as the most successful Minister we have ever had?

Does the right hon. Gentleman agree that the emergency arrangements that are now in force to extract extra water from the Lake District have been agreed readily by interests in the Lake District? Is he further aware that once the reservoirs in the Lake District are full, as they are now becoming, there would be the greatest resentment if he were to use his powers to violate the solemn undertakings given by his predecessors to ensure that water is extracted from the area in a way which does not violate the amenities and beauties of the area? It is important that the Minister ensures that the area is not ruined by short-term steps.

I am extremely appreciative of the co-operation we have had from interests within the Lake District in this national emergency, and I pay tribute to it. Now that the temporary situation is over, I entirely agree with the hon. Gentleman that we must take all proper steps to safeguard that magnificent environment, and I certainly intend to do so.

Is the right hon. Gentleman saying that there will definitely be a debate on the Green Paper and the drought report this year? If not, what are the Government being so tardy about?

I am sure that if the Opposition wish to use one of their Supply Days for a debate we shall have a debate. I have promised to make a statement to the House as soon as possible in this Session, and I hope to do so next week. We shall see what the Opposition make of the statement.

Water Service

24.

asked the Secretary of State for the Environment when he proposes to introduce legislation implementing the proposals outlined in his Green Paper on the water service.

The very substantial response to the Green Paper is still being analysed. I look forward to future legislation, but no final decisions on timing have yet been taken.

In future legislation, will the right hon. Gentleman take account of the recent legislation passed by the House on charges to those who are not connected to the sewerage system? Is he aware that that legislation has resulted in a great loss of financial revenue to the water authorities and placed an extra strain on the remaining households?

The recent legislation may have imposed costs directly on the water authorities, but I do not think anyone would doubt that it conferred great benefits on water consumers throughout the country. As for the scope of the legislation which we hope eventually to bring before the House, it is too early for me to comment on the particular proposals being put forward, but we hope that the legislation will strengthen the organisation of the water industry nationally.

Although it may be unreasonable to demand that general water legislation should be introduced next Session, will my right hon. Friend at least ensure that a small and uncontentious Bill is brought before the House to deal with the severe problem, of which I know his right hon. Friend is aware, concerning those not connected to the main sewers?

I shall consider what my hon. Friend has said, but I think he will realise that the question of the size of the legislative programme is a very difficult one and is more for my right hon. Friend the Leader of the House.

Mention has been made of the Drought Act. Is the right hon. Gentleman aware of the time scale in implementing that Act? Is he aware that the Thames Water Authority applied for restrictions on 18th August but that they were not signed until 13th September? The Anglia Water Authority had equal difficulty. Surely the Minister must look afresh at existing legislation if we are to avoid great difficulties if we have another drought next summer.

I should like notice of the instance that the hon. Gentleman mentioned. General experience has been that the operation of bringing drought orders into effect under entirely new legislation, and at short notice, has been very successful.

In his dealings with the water service, will my right hon. Friend seek to use his considerable influence to ensure that water authorities are given instructions to purchase British cars for their employees? I had visual evidence this morning of a Japanese Toyota car carrying the insignia of the Thames Water Authority. Bearing in mind the plight of the British motor industry, is it not disgraceful that this situation should be allowed?

I hope that what my hon. Friend has said about the desirability of buying British cars wherever possible will be noted not only by the water authorities but by all those who can exercise decisions in this matter. My hon. Friend gives excellent advice.

Scotland (Expenditure)

25.

asked the Secretary of State for the Environment what is the level of expenditure of his Department over the last 12 months in respect of the fulfilment of its responsibilities in Scotland.

Approximately £75 million. Most of this related to the provision of accommodation for Government Departments in Scotland.

Does the right hon. Gentleman accept that with the creation of the Department of Transport his Department has virtually no responsibilities left in Scotland? Would it not be more convenient for administrative and other purposes for the Government to consider transferring the remaining functions to the Scottish Office?

That is not a matter for me, but I am sure that when the devolution proposals are considered it will be a matter of great interest and concern to the House as well as to the Government.

Local Authority Housing (Sale)

26.

asked the Secretary of State for the Environment which authorities have undertaken building-for-sale housing programmes during the last five years; what was the cost to public funds of each programme after sales were completed; what would be the cost of providing rented accommodation on similar scales; what proportion of sales in each case was achieved by way of local authority mortgages; and what proportion of buyers had been local authority tenants immediately prior to purchase.

Table 13 of "Local Housing Statistics" No. 37 and earlier issues, copies of which are available in the Library, give a breakdown of sales of dwellings owned by each local authority in England and Wales and identify those which were built for sale. I regret that the further information requested by the hon. Gentleman is not readily available.

Is the right hon. Gentleman aware of the happy experience of the Liverpool City Council in building houses for sale? Will he undertake to examine that experience? If he is satisfied that it is a happy one—my right hon. and hon. Friends are so satisfied—will he undertake to advocate it to other local authorities for their consideration?

One of the troubles with orchestrating the kind of programme of questions that we have had today from the Liberal Bench is that one turns out to be a little precipitate in some of the observations. As I understand it, the houses in question in Liverpool have not yet been built, so one can hardly be happy about it. [Interruption.] Secondly, I would consider it far more important—[Interruption.] I would consider it far more important for the Liberal Member who is interrupting me to speak to his colleagues in Liverpool and explain to us in the Department and to other people why so few houses were built by his Liberal friends in Liverpool last year.

Does my right hon. Friend accept that the statement made by the hon. Member for Rochdale (Mr. Smith) is utter nonsense? There are 25,000 people on the housing register in Liverpool who need houses to rent. They cannot afford to buy houses. They require those houses because they are living in very serious circumstances. Does my right hon. Friend agree that in Liverpool we need houses to rent rather than houses for sale, and that Liverpool City Council—[HON. MEMBERS: "Speech."]—prior to the accession of the Labour majority, failed to build the houses that were needed by the people?

My own view, as indicated in policy circulars that we have issued, is that public enterprise must get involved in providing a much greater variety of different kinds of tenure down market than has been the case in the past, whether they be for rent, for co-operative housing or for low-cost housing for sale. What concerns me with regard to Liverpool is my hon. Friend's reference to recent history prior to the last elections. A great deal of paper has been pouring out from the Liverpool City authority in recent years, but very few dwellings indeed, either for rent or for sale.

Is the Minister aware that his reply to the hon. Member for Rochdale (Mr. Smith) was inaccurate? I visited Liverpool during the recess. What the hon. Member for Rochdale says is fact, and as a Minister of the Crown the right hon. Gentleman ought to get his facts straight before he denies the contents of a question.

I am pleased to hear that the hon. Gentleman has been to Merseyside and Liverpool and has discovered all the happy people who are so satisfied with the building record of the friends of the hon. Member for Rochdale (Mr. Smith). I have met many people who are far from satisfied with the results of that period of office.

Mail Services (Grunwick Processing Laboratories Ltd)

I beg to ask leave to move the Adjournment of the House, under Standing Order No. 9, for the purpose of discussing a specific and important matter that should have urgent consideration; namely,

"the actions of the Post Office workers in failing to deliver mail to Grunwick Processing Laboratories Ltd., contrary to the provisions of the Post Office Act 1953."
The matter is important because the General Secretary of the Union of Post Office Workers has today thrown down the gauntlet in a printed statement in today's newspapers, which says,
"The Post Office Act was written many years ago and it has never been tested in relation to sympathetic industrial action. Until it is, as far as our union is concerned, we are going to support these workers."
This is the first time that any illegal action of this sort has occurred, and it should be urgently considered by this House not just because 300 people may lose their jobs the day after tomorrow but because if this action succeeds this time and a small company is put out of business within seven days of the interruption of its mail deliveries, such illegal action will have been shown to work, and it may, therefore, be extended into other fields with far-reaching and serious consequences.

The hon. Member asks leave to move the Adjournment of the House for the purpose of discussing a specific and important matter that he thinks should have urgent consideration; namely,

"the actions of the Post Office workers in failing to deliver mail to Grunwick Processing Laboratories Ltd., contrary to the provisions of the Post Office Act 1953."
The hon. Member gave me notice that he would be raising this matter. When the hon. Member for Chingford (Mr. Tebbit) made his application yesterday, he did so without warning. I take no exception to that, because his application arose out of exchanges across the Floor of the House.

This is a new application, to which I have given considerable consideration. I am satisfied that the matter raised by the hon. Member is proper to be discussed under Standing Order No. 9. Does the hon. Member have the leave of the House?

The leave of the House having been given—

The motion for the Adjournment of the House will now stand over until the commencement of public business tomorrow, when a debate on the matter will take place for three hours.

On a point of order, Mr. Speaker. May I draw your attention to the fact that in most of today's newspapers there is a story that the business proposed for next Monday is not to take place but that there are to be three short debates on guillotine motions relating to Lords amendments? Can you advise me how to protect the interests of hon. Members, such that statements about the business of this House are made in the House by the Leader of the House and not made to the Press, so that hon. Members may question the Leader of the House upon his intentions?

I wonder, Mr. Speaker, whether you would look into the situation when your predecessor dealt with the matter of the last postal strike—[Interruption.]

Order. If the hon. Gentleman is seeking in any way to challenge my ruling—

Order. I am not prepared to allow the hon. Gentleman to give me advice when I reach decisions of this sort.

The hon. Gentleman had better understand that he is not going to advise me on this matter. If he has a point of order unrelated to it, I shall listen. Otherwise, I shall ask the hon. Gentleman to resume his seat.

What I want to do, Mr. Speaker, is to draw to the attention of the House—

The hon. Gentleman cannot use this opportunity to draw matters to the attention of the House. If he has a point of order for me, he will address it to me now.

Yes, Mr. Speaker, it is a point of order. I wonder whether you would consider the situation regarding the last postal strike, the national strike in 1971—

I must ask the hon. Gentleman to resume his seat.

With regard to the point of order raised by the hon. Member for Cirencester and Tewkesbury (Mr. Ridley), the hon. Member knows that that is not a matter for me.

Business Of The House

On a point of order, Mr. Speaker. From what you have ruled today, it appears that there will be a change of business somewhat tomorrow. As there is to be a debate on transport tomorrow, will you advise the House about the change of business?

All I have done is to say that the first three hours tomorrow will be available for a debate on the matter to which I have referred. No doubt it will be made clear to the House what the business for tomorrow will be—but not by me.

On a point of order, Mr. Speaker. While I fully appreciate that the business of the House is not a point of order for you, may I ask whether, now that the Leader of the House is happily restored to health and is, happily, in the Chamber, it would be in order for him to tell the House whether there has been a change of business for next Monday? May I ask you whether it would be in order for the Leader of the House, if he felt it right, to do that now, as this matter has already appeared in the Press?

That is not a point of order. It is really making a request through me.

Now that you have yourself announced that there will be a change of business tomorrow, Mr. Speaker, perhaps it would be possible for you to allow the Leader of the House to say what is to be the remainder of the business tomorrow?

Pensions (Increase) Act 1971 (Amendment)

3.40 p.m.

I beg to move,

That leave be given to bring in a Bill to amend the Pensions (Increase) Act 1971; and for connected purposes.
As the House is probably by now well aware, the Bill is about public sector pensions. It seeks to amend the Pensions (Increase) Act 1971 by deleting Section 2 and so to restore the situation regarding the upgrading of public service pensions to what it was before that Act was passed.

My Bill does not seek to impose on any Government any one way of dealing with public service pensions, although I shall briefly suggest the choices before the Government. My Bill does not attack public servants. I do not believe that they are idle layabouts. There are 1 million of them—teachers, National Health Service employees, policemen and firemen and many more—all or most of them doing a very good job of work, even though we may question the value of some of the work done by the bureaucrats. Not all of them are well paid. Some employees of the Department of Health and Social Security are paying out to many of their applicants in weekly benefits more than they are taking home in their pay packets.

The Bill is certainly not an attack on public service pensioners. My object in bringing it forward is to bring a little reason and a sense of fair play to bear upon public service pensions.

It is not my intention to blame any one Government or party for the 1971 Act. It was Parliament that made a mistake in 1971, if mistake there was, and I accept my share of responsibility for that. No one foresaw in 1971 that a time would come when prices would rise faster than incomes. It is that fact that has caused the problem and resulted in the need for my Bill.

Before the 1971 Act the situation was that the Government reviewed public service pensions as and when they saw fit. An Act of Parliament was required each time and that meant that Parliament could debate, discuss and decide the issue. The 1971 Act provided for a two-yearly review of official pensions—
"against any rise there may have been in the cost of living during the review period".
That provision was amended almost immediately afterwards by Section 25 of the Superannuation Act 1972, which provided for an annual review of official pensions.

The result of those two Acts is that official pensions are increased each year on 1st December by an amount equal to the rise in the Index of Retail Prices during the previous 12 months. That is sometimes called indexation because it links pensions to that index. I support the principle of indexation, but it cannot be done for one part of the economy or one section of the community alone, because that leads to distortions in the economy and injustice between one group and another.

This is neither the time nor the place to argue the principle of indexation. I and my Liberal colleagues have for some time been committed to full-scale monetary correction as advocated by the Nobel economics laureate Professor Milton Friedman. Before his time it was advocated by Lord Keynes. To link one section of pensions only, or even pensions and wages, with the index—as was done with the threshold agreement—without linking all other financial contracts with the index is economic lunacy. It is a question of all or nothing with indexation; we cannot go half way.

In the Pensions (Increase) Act 1971, the Government indexed only public service pensions. They hoped—a perfectly reasonable hope at the time—that they would thereby set an example to the private sector. At first, some of the best firms in the private sector took up that challenge and followed the Government's example. But where is the money to come from?

All pension schemes in the private sector are funded from a fund built up from past contributions. Those funds are inevitably eroded by inflation. The fund managers try to keep up by skilful investment, but that has proved impossible for most of them. Some firms top up the funds, but the topping up has to be done out of profits, and the profits are not there to enable that practice to continue, and it cannot be guaranteed.

In a "pay as you go" scheme, in which current pensions are paid for out of current contributions, it may be possible to cope with inflation, but it places an immense burden on the shoulders of the current generation of workers which they may not be prepared to continue to shoulder. In the public sector, the burden of indexation falls on the taxpayer. His shoulders are presumed to be infinitely broad and capable of carrying any darn fool burden anyone likes to lay on them.

What are the results of the 1971 Act? First, public service pensioners have done very much better than have private sector pensioners. That, inevitably, will encourage people to go into the public sector as opposed to the wealth-creating private sector. Over a period that will have disastrous results on the balance between public and private sectors in a mixed economy.

The second result is that many public service pensioners who retired in 1973 now have higher pensions than do people doing the same job in the public sector who retire now. Because of compound percentages, the increase in public service pensions since 1973 is 82·6 per cent. There is almost no one in the private or public sector whose pay has kept up with that.

Thirdly, public sector pensioners have beaten the pay policy. They have gone well ahead of the pay policy and I do not think that the Government will argue that that is a good thing.

So indexation is unfair between the public and private sector pensioners, unfair between public sector pensioners and the whole working population, and unfair between public sector pensioners and public sector employees.

What should the Government do? They might accept the advice of the TUC and Professor Michael Fogarty and index-link all pensions, private and public, but that can be done only by a topping up from the taxpayer. There is no other source for the funds. The taxpayer will, therefore, be chary of that advice.

Secondly, we could go back to a regular review by Parliament.

The third course—the one I advocate—is for the Government to apply the pay policy to pensioners in both public and private sectors. No one who has ceased to work should be allowed to get an increase in his income which is larger than he would have received had he stayed at work. What the unions asked for in 1971 was said by the Government to be too expensive. The unions asked that pensions and pay should be tied together. My Bill leaves the Government free to do that or to apply the pay policy to pensions. I commend the Bill to the House.

Question put and agreed to.

Bill ordered to be brought in by Mr. John Pardoe, Mr. J. Grimond, Mr. Cyril Smith, Mr. Emlyn Hooson, Mr. Stephen Ross, Mr. David Penhaligon, Mr. Richard Wainwright and Mr. Geraint Howells.

Pensions (Increase) Act 1971 (Amendment)

Mr. John Pardoe accordingly presented a Bill to amend the Pensions (Increase) Act 1971; and for connected purposes: and the same was read the First time; and ordered to be read a Second time tomorrow and to be printed. [Bill 242.]

Orders Of The Day

Retirement Of Teachers (Scotland) Bill Lords

Order for Committee read.

3.50 p.m.

On a point of order, Mr. Speaker. I am sorry to raise this point of order so early in the debate, but perhaps you might like to take a little time to consider it.

There are to be before the House three Scottish Bills, but I am particularly concerned about the last of them, the Licensing (Scotland) Bill, which received its Third Reading in another place only last night. Since the Government amendments are starred, I wish to ask you, Mr. Speaker, whether all those starred amendments will be selected by you for debate today.

Because the Bill came from the other place only last night, it must be emphasised that, although no doubt the Government have had the opportunity of departmental advice to help them, Back Benchers on the other hand are put in great difficulties in examining amendments made in the other place. Many hon. Members, including myself, have been in Committee all morning, and I wonder whether you will be prepared to accept manuscript amendments from Back Benchers if you decide that the business can go ahead.

Finally, I wish to emphasise that the Licensing (Scotland) Bill is an important matter, not a party political dispute, and causes deep feelings among many hon. Members across the party boundaries in this House. The measure has evoked great interest in Scotland and is being followed closely there. The organisations affected by its provisions in Scotland have experienced difficulties in making representations to Members of Parliament because the deliberations in the other place were completed only last night. Therefore, those concerned have not had the opportunity to see what Government amendments have been tabled and have been unable to make the appropriate representations.

Ideally, Mr. Speaker, I believe that because of the importance of the Bill and because the Government have brought the measure back to this House at such short notice, the measure should be put back for consideration at a later date.

Further to that point of order, Mr. Speaker. It is intolerable that on the Licensing (Scotland) Bill we should have before us 53 Lords amendments—

Order. If the hon. Gentleman wants to submit a point of order to me, I hope that he will not argue the case which no doubt he will have an opportunity to deploy later.

I would not dream of arguing the case, Mr. Speaker. I know that you always seek to protect the interests of Back Benchers. My point of order relates to the fact that 53 Lords amendments are now before us and that many of them are starred. This makes life intolerable for hon. Members who wish to carry out their legislative work efficiently—and this especially applies to Back Benchers. The Government should give some explanation of their handling of these matters and say how they expect the House to deal with starred amendments which became available in the Vote Office only this morning. Surely they should have given hon. Members an opportunity to discuss those provisions with interested parties.

Further to that point of order, Mr. Speaker—

Order. I hope that we shall not debate the matter now. Is the hon. Gentleman raising a completely new point which I have not heard?

Have you ever known me to be wrong, Mr. Speaker?

I wish to mention a separate point and it relates to certain Government amendments to Lords Amendment No. 46 in relation to the Licensing (Scotland) Bill. I understand that you were prepared to consider only amendments to Lords amendments which did not make a substantial change. So far as I can see, the Government, by virtue of their Amendments Nos. 4 to 9, are virtually rewriting the clauses dealing with Sunday opening. Is that not an unusual use of Lords amendments, particularly on a controversial Bill of this nature? Is it fair that we should have before us a virtually new provision on Sunday opening so soon after the measure has left the other place? How is it possible for hon. Members to study seriously the implications of the provision?

The hon. Member for Glasgow, Cathcart (Mr. Taylor) was quite right. He did have a completely new point of order. I apologise to him for my suspicions. It was as a result of experience—not with him, but with others.

This is not a new situation, unpleasant though it may be. I am advised that it has happened many times before that a Bill which has been discussed in the Lords the night before has then returned to this place with starred amendments. I shall accept the starred amendments. I shall be prepared to examine any manuscript amendments submitted to me.

I did not intervene earlier, Mr. Speaker, on the point of order because these matters are for you, and not for me, but the question of taking the Bill today was discussed through the usual channels. No amendments were made to the Bill yesterday on Third Reading in the other place. I appreciate that this is not the most convenient way of proceeding, and I hope that when we come to the controversial amendments—and there are not many—I shall be able to give an explanation that will help the House to understand what they mean.

Bill considered in Committee.

[Mr. BRYANT GODMAN IRVINE in the Chair]

Clause 1

Age Of Retirement Of Teachers

I beg to move Amendment No. 1, in page 1, line 8, leave out

'or by the managers of a grant-aided school'.
This might appear a somewhat unnecessary amendment, but we hope that it will elicit information from the Government and certainly some explanation of the speeches made by the Secretary of State and his colleagues on Second Reading. We wish to establish from the Government how many teachers are involved in grant-aided schools. The numbers were the basis of considerable controversy on Second Reading, and the Secretary of State will appreciate that he has a great deal of explaining to do.

If we examine the Official Report for 25th October we shall see that the Secretary of State used as his justification for the Bill the fact that unemployed teachers would be given jobs. We then asked him to give some idea of the numbers involved and he said:
"… I believe that on 1st January about 400 teachers in Scottish schools will be affected by the Bill in one way or another. That is the extent by which, by making room in schools, we could be making jobs available for newly qualified teachers who at present find it difficult to obtain jobs."—[Official Report, 25th October 1976; Vol. 918, c. 52.]
That was a clear statement, and we asked for details. We were told that because the September 1976 survey was not available details of numbers in grant-aided schools and other schools could not be given. Therefore, I was astonished to hear from Mr. Docherty, the respected General Secretary of the Scottish Secondary Schoolmasters' Association, that the day after that debate he received a letter from the Scottish Education Department, and with it a table headed
"Number of teachers over age 65 in service as at September 1976."
The reference on that statement gave the impression that this was the up-to-date figure for September 1976. Figures included in that table caused great concern and astonishment to hon. Members who thought that the Bill was aimed at justifying the saving of teacher jobs because we discovered that those teachers in full-time employment, according to the table, totalled only 183.

4.0 p.m.

I notice, as I did on Second Reading, that when the Opposition mention something that is particularly embarrassing, the Secretary of State engages in a loud personal conversation. That is a good guide that we have hit on something which the Government have bungled.

The figure is significant because the other teachers concerned—temporary, part-time or occasional—are on such short-term contracts that their services can be dispensed with irrespective of the Bill. Of the total number of teachers, 117 are in primary schools, about 45 in secondary schools and probably, although we do not know, a considerable proportion of the 45 will be teachers of subjects such as maths where there is a shortage. The Bill will not have the effect of creating more jobs.

In the debate on 25th October the Secretary of State said that he could not give any details but in a letter to the Scottish Secondary Schoolmasters Association he gave a full and detailed statement. Has there been a mistake in the make-up of the figures? Did the Scottish Office make that mistake by referring to September 1976 when it meant September 1975? Even that would not answer the situation because in a statement in another place Lord Kirkhill said that the figure for September 1975 was about 300.

This has nothing to do with the amendment. If the hon. Gentleman raises the matter on the Question That the clause stand part of the Bill, I shall be happy to deal with it. The amendment is a narrow one.

We are dealing with the numbers of teachers in grant-aided schools. Unless the Secretary of State can give us an explanation on the amendment it will be difficult for us to proceed. It is outrageous for the Government to have misled the House and to ask us to approve the inclusion of grant-aided schools without any indication of the numbers involved. It is not for the Secretary of State to give the House instructions on order. He has a bit of a cheek if he says that there will be an explanation forthcoming later when the House has already been misled. Either Mr. Docherty was misled or we were misled.

I thought it might have been a mistake involving the year and Mr. Docherty, in a frantic telephone conversation this morning, was told that there had been a mistake. He was told that the statement did not mean what it said and that the figures came from the year before. If that is the case, why did Lord Kirkhill say that the 1975 figure was about 300? The Secretary of State has a lot of explaining to do.

Our concern is for the numbers involved. Surely the Secretary of State can give us some indication of the numbers. The information given to Mr. Docherty showed that the reason for the new legislation is to deal with one permanent primary school teacher, no secondary school teachers and 1·5 special teachers in grant-aided schools. A total of seven part-timers are employed in grant-aided schools but they can be dismissed under existing legislation.

In which school does the one primary schoolteacher work? Is it a school where it might be difficult to recruit someone else and is the teacher male or female? The Government are taking up the valuable time of the House to deal with a situation which, according to the statement given to Mr. Docherty but not to us, concerns one full-time permanent teacher and 1·5 special teachers in grant-aided schools. How is it possible to have 1·5 permanent teachers? Where are they and will the Bill be of real help to them? As I said on Second Reading, I have a feeling that the Bill, instead of saving teachers' jobs, is just a cosmetic to cover other Government embarrassments over teacher unemployment and industrial policy.

I declare an interest because my 4½-year-old son has just started at a grant-aided school in Glasgow. Is it right for a Government which intends to phase out grants to grant-aided schools to write into permanent legislation a restriction on the freedom of action of schools which will shortly receive no grants at all?

The issue is important though small and beyond it there is the whole credibility of the Secretary of State who specifically told the House that the September 1976 figures were not available. He told us that 400 teaching jobs would be made available. He should explain precisely how, if one dismisses 50 part-time teachers, 50 new jobs are created. The Secretary of State was misleading the House.

The hon. Member for Glasgow, Spring-burn (Mr. Buchanan) recently asked how many teachers over 65 years of age are in temporary, part-time or occasional posts and therefore not directly affected by the Bill and how many are employed in one-teacher or two-teacher schools. He was told:
"The estimate of 400 to which my right hon. Friend referred on 25th October—cannot be broken down into the categories requested." —[Official Report, 2nd November 1976, Vol. 918, c. 504.]
If that is so, how was it possible for the categories to be broken down to Mr. Docherty the day after the debate? There is something strange going on. I feel that it is an attempt by the Government to give the impression that the Bill will achieve more than it will.

I can see no point in writing in a specific provision about grant-aided schools when, as far as I can see, no secondary teachers are involved and only one primary teacher is involved, and when the grants for the grant-aided schools are being phased out because of the Government's scandalous vendetta against those schools.

The Scottish National Party's attitude to the grant-aided schools is already clear, but the principle behind the debate is very important. Scottish teachers feel an increasing lack of confidence in the Scottish Office as it seems to be unable to produce statistics when asked for them in the House. On Second Reading several of us, from different parties, asked for the numbers affected by the Bill. It is extremely disappointing that only research by organisations outwith the House has provided the figures on which we have come to depend.

It appears that there are 416 teachers over the age of 65, but 145 are part-time according to the Scottish Education Department statistics kindly provided by the SSTA. Incidentally, I point out to the hon. Member for Glasgow, Cathcart (Mr. Taylor) that that is the Scottish Secondary Teachers' Association and not the Schoolmasters' Association. There is quite a difference. Part-time teachers in Scotland have already suffered the indignity of being asked to leave during the present crisis, many of them having already given years of inestimable service to the local community. We all know that 145 part-time jobs do not make 145 full-time jobs. How many jobs does the Secretary of State estimate would become available if the 145 part-time teachers were replaced by the new teacher who could not find employment?

Is the figure of 184 full-time permanent teachers the one with which the Bill deals, or is it 400? What exactly is the figure the Scottish Office has in mind? Most hon. Members have rather confused attitudes towards the Bill because they are unsure about the number of jobs available. Only a categorical assurance that the Secretary of State knows the numbers involved will ensure that the Bill is given its Third Reading.

Over the weekend I was interviewed by a representative of Mr. Docherty's association, the SSTA, who told me that one of the main reasons for the Bill was to find employment for newly qualified teachers. We have heard that 400 teachers could be found employment if we passed the Bill. I have heard many figures bandied about—400, 300 and now 180. I was told at the weekend that if we took account of those who could have their services terminated by the ordinary statutory rights of local education authorities and those over age but teaching subjects for which there is a shortage of teachers—for example, engineering, science and maths—we should find that not more than 60 teachers would be affected by the Bill. A wide variety of figures are being trotted around. It would be in the interests of us all to have something more definite.

4.15 p.m.

I have a great respect for many of the teachers with whom we are dealing. Whatever we decide today, we should all express our gratitude to those men and women who have devoted their time to helping us, especially during periods of serious teacher shortage. The officer in charge of Lanarkshire was out night after night knocking on doors to encourage teachers to help us out during the days of grave shortage. We should record our appreciation to them for their loyal service during those difficult times.

The hon. Member for Glasgow, Cathcart (Mr. Taylor) said that the Secretary of State had stated that he could not break down the figure of 400. I wonder why not. I could have understood it before the reorganisation of local government, when we had about 30 local education authorities. It would then have been quite a problem preparing reports showing the number of teachers over 65, the subjects they taught and those who would automatically be asked to retire when the Bill became law. But today we have only 12 education authorities and it should not be so difficult. Has any effort been made by my right hon. Friend's Department to find out from the 12 regional authorities the numbers of teachers over 65 and the subjects they are teaching? Since my meeting with the SSTA representative, I am convinced that steps should be taken to place before the House clear details of the number of teachers affected.

I am glad to join the hon. Member for Coatbridge and Airdrie (Mr. Dempsey) in his tribute to the older teachers who helped out in Scottish education for such a long time when we were short of teachers. Their help was nowhere more important than in the hon. Gentleman's area, then Lanarkshire but now Strathclyde.

I want to add my strong criticism of the handling of this legislation by the Scottish Office. The Under-Secretary talks about raising standards. He hopes for better standards, but, as the draft of the letter on the subject is so woefully inadequate in terms of literacy and numeracy, he has a long way to go.

Our first demand must be for a clear statement on what went wrong with the computer in the Scottish Office which resulted in the House and no doubt Ministers themselves being completely misled. I cannot imagine that they would have introduced the Bill if they had known what they were talking about. When we have a great economic crisis and many other problems to deal with, it is difficult to justify taking up the time of the House with a Bill that apparently will retire compulsorily only about 180 teachers. Some of those teachers are specialists in mathematics and science whose departure can be ill afforded, bearing in mind that so many of the teachers without posts are not qualified in mathematics and science. I shall, of course, be relating this situation particularly to the grant-aided schools, where the situation is even more incredible.

The hon. Member for Dumbartonshire, East (Mrs. Bain) said that we all know the policy of the SNP in relation to the grant aided schools. But she did not go on, for the benefit of the House and the world at large, to say that the SNP had set out hell-bent to abolish them, as have the present Socialist Government. We on the Conservative Benches realise the value and importance of the grant-aided schools and the grant-aided system in Scotland, as well as the right of managers to appoint or retire their teachers as they and the teaching association feel correct.

The SSTA, so ably led by Mr. Docherty, has brought to the notice of the House the apparently incompatible terms of the letter sent by the Scottish Education Department to Mr. Docherty. It grieves me to know that that splendid Department has fallen so rapidly on to the rocks under the guidance of the Minister. [Interruption.] The hon. Member for West Stirlingshire (Mr. Canavan) chortles away but he does not know that at one time the SED was operating extremely effectively. What is of concern is that here we have a letter written by the Department and compounded by Lord Kirkhill in another place. The present disorganisation in the Department is incomprehensible. The Minister has a great deal to explain away, such as the figures and the drafting of the letter in relation to the numbers of teachers available in schools, particularly those available to teach in grant-aided schools who would be compulsorily retired under the Bill.

It seems surprising that the Minister should include a clause apparently affecting one primary school teacher in Scotland. Does he really think that it is good value for money or a proper use of the Government's time? Surely they could be doing better things than legislating to retire one teacher. Mr. Malloch must be spinning like a top at the thought. The Minister has a great deal of explaining to do before the House can accept that what he is proposing is more than a charade of practical legislation about Scottish education.

We on the Conservative Benches are particularly anxious about the numbers encouraged into colleges of education by the Minister in September last year when he had all the facts before him. We are still awaiting answers to our questions about why he did it. The hon. Gentleman still does not know and is not prepared to answer those questions. The House is eagerly awaiting answers. Will the hon. Gentleman try to reconcile the inconsistencies in the statistical information over the past two months about teacher supply and teacher retirement, because the House is so far confounded by his efforts?

The House has heard from several speakers how hopelessly irrelevant the Bill is to the educational needs of Scotland. I do not wish to go over the general argument. The amendment specifically relates to grant-aided schools and I would draw attention to something of significant importance. We have heard a number of references about the hopelessness of the information made available to the House, particularly during the Second Reading debate.

I want to make a specific reference to a positive mis-statement made by the Minister in respect of education in Scotland during the Second Reading debate. It was a positive misleading of the House and unless the hon. Gentleman corrects it, or withdraws it, it could do considerable harm to one particular individual in Scotland.

During Second Reading I raised the case of Dundee High School which is a grant-aided and co-educational school. I referred to the problem which that school had raised with the Scottish Education Department, namely, that its present rector is due to become 65 this month. The school raised this matter some months ago before the Bill had even been contemplated. The school has invited the rector to remain after his 65th birthday—until June of next year—in order that he can supervise the internal reorganisation of the school. As a result of this Bill the rector would be obliged to retire on 1st January next year with a maximum extension of three months—a period which is less than that required by his school in the interests of the school and the pupils.

I raised this matter with the Minister and pleaded with him to reconsider it because of the harmful effect that the Government's policy would have with regard to this particular school. The answer that I got from the Minister was not only disappointing but turned out to be totally inaccurate and misleading. In the Official Report of Monday 25th October, during Second Reading the Minister referred to my comments and said:
"The hon. Member for Edinburgh Pentlands (Mr. Rifkind) referred to the decision about the rector of Dundee High School."
The Minister then went on to say:
"That situation has nothing to do with the Bill. The situation of a rector, which is a promoted post was decided in 1969 when the teaching profession, unions and local authorities were unanimous in the view that a promoted teacher had to retire at 65."—[Official Report, 25th October, 1976; Vol. 918, c. 96.]
What the Minister was saying, quite unambiguously and unequivocally was that the position of the rector of Dundee High School was in no way affected by the Bill or prejudiced by it because the situation had already been resolved seven years ago.

I must inform the Minister that he clearly had not read his own legislation when he made that statement. There is a substantial difference in the present situation, as proposed in the Bill, compared with the situation under the 1969 Education (Scotland) Act. If the Minister will refer—perhaps for the first time—to the 1969 Act he will see that Section 16(1) states quite specifically:
"Except where his employer otherwise determines, every teacher … shall retire"—
at a certain age, and in the case of promoted posts at the age of 65.

In other words, not that he must retire at 65 irrespective of whether his employers determined otherwise. It was on that basis, under the provisions of the 1969 Act, that Dundee High School made its invitation to the rector to continue and he agreed to do so until June of next year in order to supervise the reorganisation of that grant-aided school.

In case there is any doubt about this matter, or that the school might have been confused, I asked the school after the Minister made his reply last Monday and the letter I have received states:
"The employer in this case is the Board of Governors or Managers of the School and they determined, prior to the Retirement of Teachers (Scotland) Bill that the Rector should continue in his post until the end of the present session, i.e. the end of June 1977. Before coming to this decision reference was made to the Scottish Education Department"
—the Minister's own Department—
"in Edinburgh, who referred us to Section 16 of the 1969 Act and confirmed that what we intended was perfectly in order."

4.30 p.m.

I look forward to the Minister's reply. Last Monday he said categorically that this Bill made not the slightest difference to the position of the rector of Dundee High School. It is clear from the Bill, but we have also a statement from the SED to the high school, that prior to the publication of the Bill the rector would have been able to continue as the school hoped. As a result of the Bill, that will no longer be possible.

The Minister did not answer that question last Monday. He misled the House, albeit innocently. I hope therefore that he will not only make clear the legal position but also concede that the position of the rector will be severely prejudiced by the Bill in its present form. I hope that he will be man enough to accept now that some flexibility is required, that the present position is undesirable and that the legislation should be amended in terms of this amendment and by means of other amendments which will extend the period for people in promoted posts until after the age of 65.

It is unusual and unfortunate when the House is misled in this way. I hope that the Minister will now have the grace to agree that he unwittingly misled the House and to concede this point in the interests of justice.

I wonder who is misleading whom. I respect the intellectual fidelity of hon. Members, but the hon. Member for Edinburgh, Pentlands (Mr. Rifkind) said that this matter concerned the future of the grant-aided schools. I thing that he had better read the record. I am a Bedouin who believes in Greek tragedy, and I see that as a classic case of misleading the House.

Then there is the numbers game, the throwing of the legal dice to decide whether an area will get a grant-aided school and therefore—so Opposition Members claim—children the opportunity of a better education. I hope that the Minister will resist the amendment. This tendency to play the numbers game is not consonant with the principle of the amendment.

The amendment is a very narrow one and has nothing to do with much of the debate that we have heard so far. I hope that hon. Members will take the advice of the Secretary of State, who told the hon. Member for Glasgow, Cathcart (Mr. Taylor) when he went into the numbers game that if a debate on the Question That the clause stand part of the Bill were allowed, my right hon. Friend would clear up the matter of one group of figures against another.

We were not questioning figures. We asked a simple question. The Minister said on 25th that figures were not available. But Mr. Docherty got a table headed "September 1976". Therefore, either Mr. Docherty was misled or the House was misled. It must be one or the other. The Minister could at least answer that point of principle, quite apart from the detailed explanation. That is a straight question requiring a straight answer—"Yes" or "No".

Could I prevail on the hon. Member to take the advice of my right hon. Friend? My right hon. Friend will certainly convey to the House in his answer enough information to clear up the doubts in the hon. Member's mind and in the minds of any other hon. Members. I ask him to consider that proposition.

I stand by what I said at the beginning, that this is a very narrow amendment. I am bound to deal with the amendment. I hope that I shall not be taken to be impudent about the conduct of the Chair if I also say that the comments by the hon. Member for Edinburgh Pentlands (Mr. Rifkind) had nothing to do with the amendment. However, with your permission, Mr. Deputy Speaker, I shall try to answer his questions and his accusation that I misled the House.

The purpose of the amendment is to remove from the application of the proposed new Section 16 any teacher employed by managers of a grant-aided school which is a grant-aided secondary school or a grant-aided residential special school. I regret to say that the amendment is not acceptable to the Government. The present Section 16 of the Education (Scotland) Act 1969 applies both to teachers employed by the managers of a grant-aided school and to those employed by an education authority and requires them to retire from a promoted post at the age of 65 and from any other post at the age of 70, unless the employers otherwise determine.

This section will be replaced from the date of commencement of the Bill by the proposed new Section 16. If the new section does not apply to teachers employed by the managers of grant-aided schools, there will be no statutory provisions governing the retiring age of teachers employed by such managers. As long as the managers of such schools receive public money in the form of grant aid, the conditions of service of teachers in them should not differ substantially from those which apply to teachers in education authority schools.

The amendment is also defective, because it does not remove the reference to managers of grant-aided schools in line 19 on page 1. I would ask the Committee to resist the amendment.

Perhaps I might now try to answer the questions raised by the hon. Member for Pentlands. The substance of our debates was the whole question of promoted and non-promoted teachers. It was a unanimous decision, which had the acceptance of the teaching unions, that promoted teachers should retire at 65 in order to open up the promotional stream. That was accepted by everyone, with no furore. The hon. Member for Pentlands wrote to me about the rector of Dundee High School and I replied to him in the letter to which he referred.

When I referred to the debate, it was in the context of the general provision, which we had agreed in 1969, that teachers in promoted posts should retire at 65 anyway. The Bill would allow three months' discretion. We believe that the correct way of tackling this problem—

The Minister refers to the letter that he wrote to me. I never mentioned it, because it contained nothing of substance. I was referring to the Minister's statement in the House last Monday. I raised the matter with him, as he remembers. I must repeat the words that he used:

"The hon. Member for Edinburgh, Pentlands (Mr. Rifkind) referred to the decision about the rector of Dundee High School. That situation has nothing to do with the Bill."—[Official Report, 25th October 1976: Vol. 918, c. 96.]
That is what the Minister said, but any examination of the Bill reveals that it has an enormous amount to do with the Bill. But for the Bill, the rector could continue in office as the school, the parents and everyone else wish until June next year. As a result of the Bill he will be able to remain there only for three months after 1st January. That is the consequence of this Bill and of nothing else. Would the Minister concede that?

We do not want to split hairs or spend an inordinate time on this amendment, because in this context it is in a sense out of order. On Second Reading, we discussed the contents of the letter in which I replied to the hon. Member, referring to the rector. I was saying at that time that the situation in Dundee was such that surely a replacement could be found from among all the teachers in the Tayside region who could fill this position. I was saying that surely this man was not irreplaceable. The hon. Gentleman will remember that I made that point and said that the whole point of retiring from promoted posts at 65 was to open the possibility of promotion to those posts. That was how I described it in the context of the debate. If I misled the hon. Gentleman, I apologise, but he knows that was not my intention.

I am pleased that the hon. Gentleman, who is gracious at times, accepts that. The argument is still the same.

No person is so irreplaceable that a teacher on Tayside could not be found to do the same job as the rector of Dundee. I have great faith in the quality of teachers in Scotland. To settle the argument, if I gave a different impression, I apologise to the hon. Gentleman.

In the context of the debate we were talking about promoted posts at 65 and the need to open promotion opportunities for teachers in non-promoted posts. I was arguing on the principle that no one is irreplaceable—certainly not headmasters of schools, be they grant-aided or ordinary comprehensive secondary schools. I hope that will be accepted by the hon. Member for Pentlands. We must resist the amendment.

I accept that the Minister did not deliberately intend to mislead the House, but the fact remains that he did. I am happy that he has at last conceded that point, albeit reluctantly.

The Minister may be right to say that it is generally accepted that persons in promoted posts should retire at the age of 65 with various extensions for limited periods if the school wishes. But that is not the issue. In the instance to which I drew his attention the question was whether there should be certain flexibility to allow the rector to continue not indefinitely, but for another eight or nine weeks because he was supervising the overall internal reorganisation of the school. In the view of the governors, that will take several months to complete. If the rector who initiated that reorganisation has to leave before it is completed, I suggest that a completely new teacher, who may be a very good rector, cannot reasonably be expected to take over such a complex and substantial reorganisation.

The Minister mutters "Deputy". We do not know whether the deputy will become the rector. The top person in the school is the rector.

Would it not be possible for the school in question to allow the present rector to complete his job while holding the post as a non-promoted teacher?

The hon. Gentleman clearly demonstrates the nonsense involved by suggesting that, instead of the Government writing inflexibility into the Bill so that common sense can coincide with its terms, we should have a rigid Bill, but re-employ the rector as an ordinary teacher for a couple of months to complete the reorganisation.

The hon. Gentleman is obviously having a bit of fun. There is flexibility in the Bill to allow the rector to stay on if he is engaged in reorganising the school. But he could do that without being rector. On the other hand, it shows a damaging view of the way in which the affairs of that school are run that one man should be totally responsible for everything that happens and, if he goes, there is utter chaos and collapse.

Clearly the hon. Gentleman has never been responsible for or been involved in running any large organisation, be it a school, industry, a trade union or anything else. Perhaps it is just as well. Clearly if the school is going through intensive reorganisation, success or otherwise will depend on the leadership provided by the person in charge of the reorganisation. To withdraw the rector, not by accident but by design, just before the reorganisation is complete is bound to increase the problems.

The Bill in its present form is foolishly rigid. It is not meant to re-enact common sense. It is simply concerned with choosing an unnecessary formula which will not have any substantial effect on education prospects in Scotland. I hope that the Minister realises that he is asking the Committee to approve a rigid statute that does not relate to standards of common sense. That is not what legislation is for.

The Bill has already resulted in considerable resentment. This type of approach is certain to increase the resentment already felt by many in the teaching profession. In at least one instance it will lead to serious problems in the reorganisation of an important school.

4.45 p.m.

The Minister has given a most disgraceful reply from the Dispatch Box. It was totally inadequate in meeting the arguments which have been put forward by the Opposition. If the Minister's arguments are to be so lacking in reason and fact on other amendments, we are in for a long, hard night's work. I hope that he will continue better than he started, because he has not given us any confidence so far.

The hon. Member for Dunbartonshire, East (Mrs. Bain) put forward an unequivocal argument when she referred to grant-aided schools. It is interesting to have the views of the Scottish National Party repeated.

One point really annoyed me in the Minister's reply. Having had to sit opposite the Minister on another Bill earlier in this Session, I know that, whenever he is lacking in argument, he tries to put up a smoke screen of other reasons which have no relation to the amendment under discussion. That is what the hon. Gentleman did this afternoon in lecturing the Committee on procedure in the presence of the Chairman. We shall listen to the Chairman regarding procedure, but not the hon. Gentleman.

My hon. Friend the Member for Glasgow, Cathcart (Mr. Taylor) made it clear that we cannot proceed to further debates on this clause without knowing the basis of fact on which it is formed. It is all very well for the Secretary of State to intervene and to say that he will give us the figures on the Question, That the clause stand part of the Bill. But, by the time we reach that stage, we shall have finished with this amendment. We want to know what is involved now.

My hon. Friend the Member for Cathcart was entirely right to refer to the figures which have been given in earlier debates and to the Scottish Secondary Teachers' Association and to ask which were right. What confidence can we have in any figures put forward by the Government when so many different figures have been bandied about? The Secretary of State could have helped the Committee if he had been prepared to give this information at an earlier stage. It is difficult to form a proper opinion when the Government are not prepared to give the necessary information to enable us to continue.

The Minister has not dealt with the one basic question put to him by my hon. Friend. We have been put in a difficulty, because of the Secretary of State's intransigence, in coming to a proper decision on the amendment. I put that to one side. The Minister has completely failed to answer the question: how many teachers are involved? The Minister should have been prepared to answer that question. My hon. Friend put forward the figures which he thought were involved: one full-time teacher in primary schools, none in secondary schools, and 1·5, whatever that may mean, in special schools. We want to know whether the Minister will give us an answer on that point and tell us how many are involved in relation to the amendment.

The Minister appeared to be so worked up about procedure that he was not prepared to give us the information. This makes me very nervous as to what may happen when we come to the motion That the Clause stand part of the Bill. If the Minister cannot give us the information on this one small point, what confidence can we have that the Government will be any more forthcoming or accurate later? For that reason, if for no other, I am particularly disappointed with the Minister's argument.

With regard to the argument put forward by my hon. Friend the Member for Edinburgh, Pentlands (Mr. Rifkind), this again focuses the inadequacy of the Minister's reply. The Minister makes little of the one person concerned in relation to Dundee High School. He seems to think that because there is only one person concerned, it is a special case and ought not to cause any difficulty. But that argument is equally applicable to what was said by my hon. Friend the Member for Cathcart. If only one primary schoolteacher and 1·5 special schoolteachers are involved, that is not very important either. Therefore, if the Minister tries to belittle the argument of my hon. Friend the Member for Pentlands, he is in effect giving strength to the argument of my hon. Friend the Member for Cathcart. If this is of so little importance, why does the Minister not accept our amendment? The Minister has shown himself to be thoroughly stubborn. He has shown that the Bill is really of little importance, because so few people are involved.

Concerning the main burden of the argument put forward by my hon. Friend the Member for Pentlands as to the rector of Dundee High School, the Minister is saying that because the Government have a Bill with blanket provision for a particular purpose covering all teachers, he is completely unprepared to consider a special situation in a particular school, which our amendment would help cover. That is what makes us on the Conservative side very critical of the whole approach of the Government to education in Scotland at the present time.

The Government are simply not prepared to deal with the special needs of particular groups in particular schools. If I were involved in teaching in Scotland I should be horrified at the insensitivity of the Minister to the particular problem of Dundee High School. The view put forward by the managers is a thoroughly reasonable one. There is a major reorganisation taking place and they have asked for special conditions in regard to the rector. This is not for another year or two but just for a matter of weeks, so that they can continue to the end of the 1976–77 school session and carry through to its conclusion the reorganisation that is taking place.

By trying to apply his blanket solution to a particular case, the Minister has not shown himself to be worthy of his responsibilities of looking after education in Scotland at the present time. He is quite insensitive to the needs of education in Scotland.

In listening to the debate I could not help reflecting on the reluctance of the Minister and of the Secretary of State to give to the House the statistics which would help it to come to a better conclusion, knowing that there is confusion and conflict about the figures. One wonders—this point was referred to by my hon. Friend the Member for Dumfries

Division No. 369.]

AYES

[4.55 p.m.

Arnold, TomFry, PeterMaudling, Rt Hon Reginald
Atkins, Rt Hon H. (Spelthorne)Gilmour, Rt Hon Ian (Chesham)Mawby, Ray
Awdry, DanielGilmour, Sir John (East Fife)Maxwell-Hyslop, Robin
Baker, KennethGoodhew, VictorMeyer, Sir Anthony
Banks, RobertGow, Ian (Eastbourne)Miller, Hal (Bromsgrove)
Bell, RonaldGower, Sir Raymond (Barry)Mills, Peter
Bennett, Dr Reginald (Fareham)Grant, Anthony (Harrow C)Mitchell, David (Basingstoke)
Benyon, W.Gray, HamishMoate, Roger
Berry, Hon AnthonyGrieve, PercyMonro, Hector
Biggs-Davison, JohnGrist, IanMontgomery, Fergus
Boscawen, Hon RobertHall, Sir JohnMorris, Michael (Northampton S)
Boyson, Dr Rhodes (Brent)Hannam, JohnMorrison, Charles (Devizes)
Braine, Sir BernardHarvie Anderson, Rt Hon MissMorrison, Hon Peter (Chester)
Brittan, LeonHavers, Sir MichaelNelson, Anthony
Brocklebank-Fowler, C.Hawkins, PaulNeubert, Michael
Brotherton, MichaelHayhoe, BarneyNewton, Tony
Bryan, Sir PaulHeseltine, MichaelNoll, John
Buchanan-Smith, AlickHicks, RobertOnslow, Cranley
Buck, AntonyHiggins, Terence L.Page, John (Harrow West)
Butler, Adam (Bosworth)Howell, Ralph (North Norfolk)Page, Rt Hon R. Graham (Crosby)
Carlisle, MarkHunt, David (Wirral)Parkinson, Cecil
Chalker, Mrs LyndaHunt, John (Bromley)Percival, Ian
Clark, Alan (Plymouth, Sutton)Hutchison, Michael ClarkPrior, Rt Hon James
Clarke, Kenneth (Rushcliffe)Jones, Arthur (Daventry)Pym, Rt Hon Francis
Clegg, WalterJopling, MichaelRaison, Timothy
Cooke, Robert (Bristol W)Joseph, Rt Hon Sir KeithRathbone, Tim
Cope, JohnKellett-Bowman, Mrs ElaineRees-Davies, W. R.
Cordle, John H.King, Evelyn (South Dorset)Renton, Tim (Mid-Sussex)
Corrie, JohnKing, Tom (Bridgwater)Rhys Williams, Sir Brandon
Dean, Paul (N Somerset)Kitson, Sir TimothyRidley, Hon Nicholas
Dodsworth, GeoffreyKnight, Mrs JillRidsdale, Julian
Douglas-Hamilton, Lord JamesKnox, DavidRifkind, Malcolm
Drayson, BurnabyLatham, Michael (Melton)Rost, Peter (SE Derbyshire)
Durant, TonyLester, Jim (Beeston)Sainsbury, Tim
Dykes, HughLuce, RichardShaw, Giles (Pudsey)
Farr, JohnMacfarlane, NellShepherd, Colin
Fisher, Sir NigelMacGregor, JohnShersby, Michael
Fookes, Miss JanetMadel, DavidSilvester, Fred
Forman, NigelMarten, NeilSims, Roger
Fowler, Norman (Sutton C'f'd)Mates, MichaelSinclair, Sir George
Fox, MarcusMather, CarolSpicer, Jim (W Dorset)

(Mr. Monro)—what has happened to the numeracy of the Scottish Education Department. The Prime Minister has been urging a return to better educational standards. The Scottish Education Department, and the Minister responsible for that Department, would do well to try to improve their standards and to set an example themselves. In failing to put right the record in regard to numbers they are failing the House. They are not enabling the House to deal properly with these amendments.

I appreciate that the amendment does not affect many people but, given the inadequacy of the Government's reply, their total unwillingness and failure to provide the information which would help the House, and the insensitivity of the Minister towards these special cases, I have no hesitation in advising my right hon. and hon. Friends to support the amendment and to vote against the Government.

Question put, That the amendment be made:—

The Committee divided: Ayes 138, Noes 163.

Sproat, IainWalder, David (Clitheroe)Wood, Rt Hon Richard
Stradling Thomas, J.Walker, Rt Hon P. (Worcester)Young, Sir G. (Ealing, Acton)
Taylor, R. (Croydon NW)Wall, Patrick
Taylor, Teddy (Cathcart)Walters, Dennis

TELLERS FOR THE AYES:

Tebbit, NormanWiggin, JerryMr. Spencer Le Marehant and
Townsend, Cyril D.Winterton, NicholasMr. Michael Roberts.
Viggers, Peter

NOES

Abse, LeoHart, Rt Hon JudithPrescott, John
Anderson, DonaldHatton, FrankPrice, C. (Lewisham W)
Archer, PeterHenderson, DouglasReid, George
Armstrong, ErnestHooson, EmlynRoberts, Gwilym (Cannock)
Atkins, Ronald (Preston N)Hoyle, Doug (Nelson)Roper, John
Atkinson, NormanHughes, Mark (Durham)Rose, Paul B.
Bagier, Gordon A. T.Hughes, Robert (Aberdeen N)Ross, Stephen (Isle of Wight)
Bain, Mrs MargaretHunter, AdamRoss, Rt Hon W. (Kilmarnock)
Barnett, Guy (Greenwich)Irvine, Rt Hon Sir A. (Edge Hill)Rowlands, Ted
Barnett, Rt Hon Joel (Heywood)Irving, Rt Hon S. (Dartford)Sandelson, Neville
Bates, AlfJanner, GrevilleSedgemore, Brian
Beith. A. J.Jay, Rt Hon DouglasSelby, Harry
Bishop, E. S.Jenkins, Hugh (Putney)Sheldon, Robert (Ashton-u-Lyne)
Blenkinsop, ArthurJohn, BrynmorSilkin, Rt Hon S. C. (Dulwich)
Bottomley, Rt Hon ArthurJohnson, James (Hull West)Silverman, Julius
Brown, Hugh D. (Provan)Johnson, Walter (Derby S)Skinner, Dennis
Brown, Ronald (Hackney S)Johnston, Russell (Inverness)Small, William
Buchan, NormanJones, Dan (Burnley)Smith, Cyril (Rochdale)
Campbell, IanJudd, FrankSmith, John (N Lanarkshire)
Canavan, DennisKaufman, GeraldSpriggs, Leslie
Cant, R. B.Kelley, RichardStallard, A. W.
Carmichael, NellKerr, RussellSteel, David (Roxburgh)
Cartwright, JohnLambie, DavidStewart, Donald (Western Isles)
Cocks, Rt Han MichaelLamond, JamesStewart, Rt Hon M. (Fulham)
Coleman, DonaldLeadbitter, TedSloddart, David
Cook, Robin F. (Edin C)Lewis, Arthur (Newham N)Strang, Gavin
Cox, Thomas (Tooting)Lipton, MarcusStrauss, Rt Hon G. R.
Craigen, J. M. (Maryhill)Lomas, KennethTaylor, Mrs Ann (Bolton W)
Crawford, DouglasMcCartney, HughThompson, George
Davies, Ifor (Gower)MacCormick, IainThorpe, Rt Hon Jeremy (N Devon)
Deakins, EricMcDonald, Dr OonaghTierney, Sydney
de Freitas, Rt Hon Sir GeoffreyMcElhone, FrankTomney, Frank
Dempsey, JamesMcGuire, Michael (Ince)Urwin, T. W.
Doig, PeterMackintosh, John P.Walker, Harold (Doncaster)
Dormand, J. D.McMillan, Tom (Glasgow C)Walker, Terry (Kingswood)
Douglas-Mann, BruceMcNamara, KevinWard, Michael
Eadie, AlexMadden, MaxWalkins, David
Edwards, Robert (Wolv SE)Marshall, Dr Edmund (Goole)Watt, Hamish
Ellis, John (Brigg & Scun)Marshall, Jim (Leicester S)Welsh, Andrew
English, MichaelMellish, Rt Hon RobertWhite, James (Pollock)
Evans, John (Newton)Mendelson, JohnWhitehead, Phillip
Faulds, AndrewMillan, Rt Hon BruceWigley, Dafydd
Fletcher, L. R. (Ilkeston)Miller, Dr M. S. (E Kilbride)Willey, Rt Hon Frederick
Fletcher, Ted (Darlington)Molloy, WilliamWilson, Alexander (Hamilton)
Ford, BenMoonman, EricWilson, Gordon (Dundee E)
Forrester, JohnMurray. Rt Hon Ronald KingWilson, William (Coventry SE)
Fowler, Gerald (The Wrekin)Newens, StanleyWise, Mrs Audrey
Garrett, W. E. (Wallsend)Orbach, MauriceWoodall, Alec
Gilbert, Dr JohnOrme, Rt Hon StanleyWoof, Robert
Ginsburg, DavidOvenden, JohnWriggles worth, Ian
Golding, JohnPalmer, Arthur
Gourlay, HarryPardoe, John

TELLERS FOR THE NOES:

Grimond, Rt Hon J.Park, GeorgeMr. James Hamilton and
Hardy, PeterParker, JohnMr. Ted. Graham.
Harper, JosephPenhaligon, David
Harrison, Walter (Wakefield)Phipps, Dr Colin

Question accordingly negatived.

5 p.m.

I beg to move Amendment No. 5, in page 1, line 11, leave out paragraph (a) and (b) and insert—

  • '(a) on the date on which he attains the awe of 65, or
  • (b) in the case of a teacher who has attained the age of 65 before the commencement of this Act, on the date of such commencement.'
  • With this amendment we may take the following amendments:

    No. 2, in line 12, leave out '1st January 1977' and insert '1st March 1977'.

    No. 3, in line 15, leave out '1st January 1977' and insert '31st December 1976'.

    No. 4, in line 15, leave out '1st January 1977' and insert '1st March 1977'.

    No. 9, in Clause 2, page 2, line 14, leave out '1st January 1977' and insert '1st March 1977'.

    No. 10, in page 2, line 14, leave out subsection (2) and insert—

    'This Act shall come into force on such date as the Secretary of State may appoint by an order made by statutory instrument.'

    I am sorry that it falls to me to move this amendment. Unfortunately, the hon. Member for Glasgow, Springburn (Mr. Buchanan) is indisposed.

    It is depressing to move an amendment with a good case bearing in mind that in the last Division the Government were again supported by the votes of Scottish National Party Members. It is disappointing that, despite our good argument, once again the Scottish National Party saved the Government from defeat.

    This is a very good series of amendments and I can best explain it by saying that we propose three alternatives to the commencing date of 1st January 1977, The first alternative, which we think the best one is contained in Amendments Nos. 5 and 10. What, in our view, is the second best alternative is contained in Amendment No. 2, 1st March 1977. The third best of our alternatives is 31st December 1976, that proposed in Amendment No. 3.

    We are trying to change the commencement date of this Bill because it is generally agreed in the teaching profession that if the Government had wanted to select any one date which was the worst possible from the point of view of the interests of the teachers, 1st January 1977 was that date.

    We propose a change, namely, that the date should be fixed by order at a later stage after consultation with the teachers. It is important that there should be an opportunity and time for consultation on this issue before the Bill is implemented. The Secretary of State must accept that his assurance that consultation was undertaken on this Bill was a strange one. If any other group of work people or professionals had been treated in this scandalous way there would have been a walk out. The teachers' associations received a copy of the outline of this Bill on 6th July and were asked to make submissions on its merits by 12th July. The Bill was presented, and introduced into the House of Lords on 13th July. It is unlikely that the Bill was not printed before the official date of submissions, and it is clear that insufficient time was given for consideration of the teachers' submissions.

    The Bill should begin on a date later than 1st January in order to put the situation right. If 1st January is retained it could have a serious and adverse effect on pensions of teachers who lose their jobs. The Pensions (Increase) Act provides for pension increases to be paid to public service pensioners in accordance with increases in the cost of living. There was a 10-minute rule Bill on that issue today. The increases are at different rates, depending whether the pension starts in the six-month period from 2nd January to 1st July or 2nd July to 1st January, both dates inclusive. The formula is complicated, but basically the pensions in the latter period obtain an increase based on the cost of living for one year, while those in the former period obtain an increase based on the cost of living for only the second half of the same year. Both are paid with effect from the same date so the pension which begins on 1st January attracts a bigger increase than the one which begins on 2nd January, because the former begins in the first half of the review year, and the latter in the second half.

    The Bill stipulates that those at present over 65 shall retire no later than 1st January 1977. The majority of teachers' associations and local authorities which have looked at this Bill would say that this means that the last day of service for those who do not resign but allow the Bill to operate will be 1st January 1977. Their pensions therefore will begin on 2nd January 1977 and they will lose the effect of a six-month cost of living increase because of one day's difference in the date of retirement. By having the date 1st January 1977 teachers could lose pension increase equivalent to six months rise in the cost of living. Therefore, the Government's date is most inappropriate.

    The House will be aware that some time ago we passed the Employment Protection Bill which said that people were entitled to periods of notice, and it improved these rights considerably. A Person was entitled to one week's notice for each year of employment up to a maximum of 12. If we retain 1st January, this being November, it will be quite impossible to give people the proper period of notice. We cannot give a teacher 12 weeks' notice if his or her employment is to terminate on 1st January. Therefore this date could mean that we are depriving teachers of their statutory rights to notice, which might be as much as 12 weeks. This is outrageous and quite wrong.

    5.15 p.m.

    Another reason for changing the date is that under the contract of service drawn up between the employing authorities and the teachers' associations, the teacher is entitled to his salary up to and including the last day of the Christmas holiday. That would mean, but for this Bill, that a teacher who terminated his employment at the end of the present term would be entitled to pay up to 7th, 8th or 9th January. That is more than a week's wages. If we keep 1st January as the date, teachers will lose that.

    There is the question of precedent. What we are proposing in Amendment No. 5 is the same procedure as that in the Education (Scotland) Act 1969 which this Bill replaces. Therefore, there is a good case for saying that 1st January is the wrong date. Not only is it wrong, it is the very worst possible date. It means