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Commons Chamber

Volume 919: debated on Wednesday 10 November 1976

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House Of Commons

Wednesday 10th November 1976

The House met at half-past Two o'clock

Prayers

[Mr. SPEAKER in the Chair]

Private Business

Anglian Water Authority Bill Lords

Order read for resuming adjourned debate on Question [9th November],

That the Promoters of the Anglian Water Authority Bill [Lords] shall have leave to suspend any further procedings thereon in order to proceed with that BUI, if they think fit, in the next Session of Parliament, provided that the Agents for the Bill give notice to the Clerks in the Private Bill Office of their intention to suspend further proceedings not later than Five o'clock on the day before the close of the present Session and that all Fees due on the Bill up to that date be paid;
That if the Bill is brought from the Lords in the next Session, the Agents for the Bill shall deposit in the Private Bill Office a declaration, signed by them, stating that the Bill is the same, in every respect, as the Bill which was brought from the Lords in the present Session;
That as soon as a certificate by one of the Clerks in the Private Bill Office that such a declaration has been so deposited has been laid upon the Table of the House, the Bill shall be deemed to have been read the first time and shall be ordered to be read a second time;
That all Petitions against the Bill presented in the present Session which stand referred to the Committee on the Bill shall stand referred to the Committee on the Bill in the next Session;
That no Petitioners shall be heard before the Committee on the Bill, unless their Petition has been presented within the time limited within the present Session, and their locus standi has not been disallowed;
That no further Fees shall be charged in respect of any proceedings on the Bill in respect of which Fees have already been incurred during the present Session;
That these Orders be Standing Orders of the House.

Debate further adjourned until tomorrow.

Oral Answers To Questions

Untitled Debate

Before Questions begin I wish, without a hint of discourtesy, to remind hon. Members that supplementary questions should, first, be brief and, secondly, seek information and not impart it.

Scotland

Ninewells Hospital, Dundee

1.

asked the Secretary of State for Scotland if he will hold a public inquiry into the increase in building cost of Ninewells Hospital, Dundee.

As the building contractors have moved for arbitration in the light of the final certificate issued on 26th October 1976 and have also started legal proceedings against the health board, it would be inappropriate to take a decision at this stage on the holding of an inquiry.

The Minister has given perhaps the only answer he could give in the circumstances. Does he accept that there is considerable anxiety about the manner in which these costs have been built up? Is the system of public accounting at the Scottish Office sufficiently sophisticated to deal with such circumstances? Will the Minister conduct an internal departmental inquiry into the way in which the costs escalated from £10 million to £25 million?

I accept that there is public concern on this question, but there is Government concern as well. These are highly complicated, complex and difficult legal matters. It would be better if the House agreed that we should leave the matter to take its legal process before examining it further.

Is the Minister aware that the same costly, insensitive blind bureaucracy has been displayed by the Tayside Health Board in its dealings with the services offered by Arbroath Infirmary? Will he look into that? Does he realise that health boards will be giving poorer services to local people at greater cost?

The hon. Member has a Question later on the Order Paper on the subject, and it would be unfair for me to pre-empt the answer to that Question.

Community Councils

2.

asked the Secretary of State for Scotland what is the latest position regarding the establishment of community councils in Scotland.

Schemes for the establishment of community councils have been received from all 56 district and islands councils accompanied by a very large number of representations disagreeing with details of the proposals. All schemes and the relevant representations are being considered as quickly as possible. To date, nine have been approved and my right hon. Friend expects to deal with almost all of them before the end of the year.

I am gratified to hear that my hon. Friend seeks to secure completion before the end of the year. Is he aware that the involvement of grassroots interest in furtherance of the community spirit and in the campaign against many of the social evils that afflict our areas is dependent on setting up the community councils as quickly as possible? Will he see that he adheres to that timetable?

I support the views expressed by my hon. Friend the Member for Glasgow, Springburn (Mr. Buchanan). We are trying to meet the deadline before the end of the year, but there are certain difficulties. This exercise reflected a very genuine concern by Glasgow and other districts to consider the observations of local communities. That was certainly the spirit of Wheatley. All I can say to my hon. Friend is to assure him that I, with my noble Friend who has day-to-day responsibility for community councils, will be trying to ensure that as many as possible are dealt with through my right hon. Friend the Secretary of State before the end of the year.

Does not the Minister accept that the last Conservative Government went to a great deal of trouble to create a new tier in local government, and that we do not want community councils in Scotland until we have got rid of these ridiculous regional authorities? Is that not a more important priority?

The hon. Gentleman's supplementary question has nothing to do with the original Question. He might wish not to support regional authorities in Scotland, but if that is so why did he and his party put up so many candidates for the regional authorities?

I appreciate the difficulties and the work involved in setting up community councils and in vetting the proposals for them. Therefore, will my hon. Friend consider urging the Secretary of State to devote more resources to this task? There is a great deal of local enthusiasm for community councils, and it would be unfortunate if it were dissipated by a delay in setting them up.

I accept my hon. Friend's comments about the enthusiasm for local community councils. The views of the local authorities had to be in by 15th May this year. Glasgow sent in its views five days afterwards, and most of the other authorities sent them in at the last moment together with views and considerations from local communities. The result was a large number of submissions having to be dealt with in a very short time. The Scottish Office officials are working extremely hard to ensure that my right hon. Friend will have the opportunity of approving almost all of them before the end of the year.

Is it necessary to set up community councils all together? Could it not be done one at a time? What about the situation in Glasgow? Many of the questions today have come from Glasgow Members, who are naturally very concerned. Will the Minister give some indication when Glasgow may expect the community councils? Will he be more definite than "before the end of the year"?

I can only repeat what I said earlier. There was a large number of representations, especially from Glasgow. The whole basis of Wheatley on this issue was to ensure that local communities' representations were considered, and not merely the views of local authorities. My right hon. Friend is keen to ensure that ordinary communities that are concerned about the spirit of family life and the development of the community in their areas receive a fair hearing. He decided to ensure that all representations were studied carefully in the interests of the communities. When that has been done, he will make his decision. My right hon. Friend is conscious of the need to get early decisions. I can assure the hon. Gentleman that almost all of them should have been carried through before the end of the year.

Is my hon. Friend aware that the setting up of community councils will mean substantial increases in public expenditure for very little effort? Will he consider scrapping the whole idea of community councils and using the money that would have been involved in increased public expenditure for more necessary services?

I am sorry to have to disagree with my hon. Friend, who takes a keen interest in community affairs in his constituency. Despite his opposition and protest, I can assure the House that my hon. Friend sends me many letters on behalf of his constituents as he does to my ministerial colleagues in the Scottish Office. I must point out to my hon. Friend that by getting community spirit and community life going in Scotland, we hope to prevent expenditure on vandalism, for example, and on other aspects of community life that are disagreeable to most of us and that are occupying the minds of many people in the Government, especially my hon. Friend who deals with these matters at the Scottish Office.

Is the hon. Gentleman aware that the delay in approving the scheme has meant that in some areas the initial enthusiasm is fading away? To take up the point raised by my hon. Friend the Member for Glasgow, Hill-head (Mr. Galbraith), may I ask whether the Glasgow scheme will be approved by the end of the year? What will be the cost of community councils to public funds in a full year?

It is not for us to determine the actual cost. That is a matter that is left to the discretion of local authorities. The authorities made allowances for the cost in their rate support grant allocations from the Scottish Office. I understand that Glasgow is allocating about £300 per community council. That may be good for some of the smaller councils but it may be difficult for some of the larger ones, which will include many thousands of Glasgow constituents.

As regards enthusiasm and the time lag, I can only say that there were many representations. I can only repeat what I have said so often. We have only a few weeks to go, and we regard community councils as a most important factor in our communities.

Scottish Development Agency (Job Creation)

3.

asked the Secretary of State for Scotland how many new jobs have been created to date as a result of the work of the Scottish Development Agency.

In detail, this is a matter for the Agency. I am satisfied, nevertheless, that the Agency's industrial investment, factory building and environmental activities to date will have a significant impact on both the creation and the maintenance of employment. Factory lettings alone will, it is estimated, account for over 2,000 jobs.

Is the hon. Gentleman aware that a reply like that puts a smokescreen across the work of the Agency? How can he reconcile his answer with the words of the former Secretary of State for Scotland, the right hon. Member for Kilmarnock (Mr. Ross), that the Agency would produce an industrial transformation in Scotland? Does he agree that putting the Scottish Development Agency into the present unemployment situation is the equivalent of sending an army with peashooters to fight a modern war?

I must say that that is one of the daftest supplementary questions I have heard since I joined the Scottish Office. The Agency has not yet reached its first birthday, but already there have been two substantial factory building programmes and investment in two major companies that will help to create and maintain jobs. We all appreciate the worthwhile environmental work that has been done by the Agency in a very short time.

Did Alexander Stephens Engineering take advantage of the offer to approach the Agency for financial assistance before it closed down?

The Stephens issue is quite another matter, as my hon. Friend well knows. I know that the Agency has been able to help in Govan not only in employment but in environmental matters that are important to my hon. Friend's constituency.

Does the Minister of State realise that his answers are astonishingly uninformative and complacent? How many jobs has the SDA retained through pseudo-nationalisation, and how many has it actually created?

I have already indicated how many jobs have been created or are likely to be created as a result of the factory building programme. I have indicated, too—I am sure that the hon. Gentleman will have noticed this in the Press—the work that has been done by the Agency regarding Ranco Motors and only recently as regards Munrospun Knitwear of Edinburgh. The hon. Gentleman should cast his mind back to the debates that took place in the House about the Highlands and Islands Development Board. There was great opposition from the Conservatives, but my postbag is now filled with letters written by Conservative Members asking whether I can get help from the HIDB as well as from the SDA.

Crimes Of Violence And Dishonesty

4.

asked the Secretary of State for Scotland what are the latest increases in crimes of violence and dishonesty in Scotland; and what steps he proposes to take to combat the rise of crimes of violence and dishonesty in Scotland.

First indications for the early part of 1976 suggest that the upward trend for 1975 which the former Secretary of State announced on 9th March has continued, largely in the area of crimes of dishonesty. We are in regular contact with chief constables about crime prevention measures and have studied with them what further measures can be taken to improve public co-operation and support for the police in crime prevention measures, such as the present publicity campaign on crime prevention including vandalism.

I am obliged to the Minister for his reply, but does it not demonstrate complete complacency? Is he surprised that there are so many failures in education? Is there not demonstrated a degree of complacency towards a major and growing social evil? Will the hon. Gentleman announce some measures that demonstrate that the Government mind about the crime rate and that they are willing to assist society in preventing the increasing difficulties which are brought about by crime by assisting the police to prevent it by, if necessary, taking measures through the Lord Advocate's Department?

I realise the difficulties that the hon. and learned Gentleman faced today of all days and the difficulty he obviously had in preparing that supplementary question. We have announced various measures to assist the police in combating crimes of violence and crimes of dishonesty. I must tell the hon. and learned Gentleman that the strength of the police force in Scotland is now higher than it has ever been. However, the police require the public's co-operation. It is in that area of public co-operation that we are desperately anxious to enlist the aid of both hon. Members and members of the public.

Is my hon. Friend aware that Scotland already has the highest prison population per head in the Western world? As we still have a distressingly high criminal incidence rate, will he examine alternative forms of sentencing which would not only be cheaper but might even be more effective?

We are at present examining alternative forms of sentencing, such as community work. We have asked four regional authorities in Scotland to consider that possibility. We are in discussions with the regional authorities at the moment.

I must correct a wrong impression that appears to have been given. We have in Scotland the highest male population prison rate in Western Europe, but it must be said at this time of women's lib that we have the lowest female prison population in Western Europe.

Does the Minister realise that half the men admitted to Scottish prisons in any one year are admitted for non-payment of fines and other minor offences? Instead of being complacent about experimenting with community service orders, will he appreciate that such orders have been tried out successfully during the last four years south of the border? Will he speed up the implementation of these proposals in Scotland in order that the prisons can deal with the real problem of hardened prisoners in our society?

I am glad that the hon. Gentleman has realised the true facts. I understood that in recent weeks he and some of his hon. Friends were saying tha half the prison population were held because of the non-payment of fines. The true daily position is that only 8 per cent, of the prison population are held because of non-payment of fines. It requires some consultation—I thought that the Opposition were in favour of consultation—with regional authorities to introduce and implement community service orders.

Specifically as regards juvenile crime, will the Minister indicate when he expects the various steering committees to report and when we can expect intermediate powers to be awarded to children's panels to fulfil their useful rôle in Scottish society?

That is a matter for the social work departments. I cannot say when the various steering committees dealing with that aspect of the problem will report. Serious consideration is now being given to the possibility of giving children's panels wider powers and ranges of treatment.

Fishing Industry

5.

asked the Secretary of State for Scotland if he will make a statement on the latest situation in the fishing industry.

8.

asked the Secretary of State for Scotland if he will now make a statement regarding the prospects for the Scottish fishing industry.

The market has continued to improve with the value of land- ings for the Scottish industry as a whole for the first nine months of 1976, at £60·4 million, some 43 per cent, above the comparable figure for 1975. Progress has been made in external aspects of the common fisheries policy, but there are still difficult and important issues in fisheries limits and conservation matters to be resolved.

Is the Secretary of State aware of the great and growing concern, particularly in Aberdeen, regarding access to the Faroese ground after 1st January? What provision for negotiation with the Faroese through the EEC has he made or is he in process of making?

The first step is to get Community confidence established by the establishment of the 200-mile limit and then agreement by the members of the Community that the Community will carry out those negotiations.

The Faroese problem is being tackled by the Community now. In the programme of discussions and consultations that the Community hopes to put into operation before the end of the year, it hopes to have at least preliminary consultations on that as well as many other problems.

Have the British Government obtained any undertaking, such as I understand the Irish Government have got, that if they agreed to 200 miles their special need for a 50-mile limit would be given every consideration by the Community?

The Irish Government's demands are for a limit up to 50 miles. In that respect the Irish Government are on the same footing as the British Government. There were references in the recent communique not only to the special problems of the Irish fishing industry, but, as the right hon. Gentleman will see if he looks at the complete text, to the special needs and interests of the northern regions of the United Kingdom, which include Scotland.

Has my right hon. Friend noticed that the support given by the spokesman for the Scottish National Party, the hon. Member for Banff (Mr. Watt), to the proposition of broad bands of up to 50 miles contradicts the claim for a 100-mile limit made at the weekend?

Secondly, has my right hon. Friend any comment to make on the anger expressed by Scottish fishermen and their official spokesman regarding the attempt by the spokesman for the SNP to involve them in provocative and illegal actions?

I know that the hon. Member for Banff (Mr. Watt), who is the fisheries spokesman for the SNP, has made a lot of very silly statements recently which have been repudiated by the fishermen. I also know that, despite the fact that the SNP has been pretending to be in favour of a 100-mile limit, the hon. Member for Banff has within the last few days signed an appeal for limits of up to 50 miles, which is the objective of the British Government.

Will the Secretary of State give a clear undertaking that he is able to represent the Scottish fishing industry in the renegotiation of the common fisheries policy as effectively and energetically as the Irish fishing industry has been represented by its Government? Is he aware that these renegotiations are a critical test of the argument put forward by those of us who supported Britain in Europe in the referendum that Scotland's interests are better represented through Britain than through a separate Scottish representation?

Does the House recognise that the Scottish National Party accepts a 50-mile limit under protest but that it reserves the right for an independent Scotland to seek to extend it to 100 miles? Regarding the outcome of the discussions on haddock quotas this week, does the right hon. Gentleman recognise that Scottish fishermen deeply resent the fact that they have to stop fishing for haddock while the boats of other nations are allowed to go on fishing for that species in our waters?

I think that the more the hon. Gentleman says about fishing, the better, because he contradicts himself with every successive statement. I am glad that the SNP is now in favour of a 50-mile limit. That is another instant change of policy.

We have had discussions with the industry within the last couple of days regarding haddock. I hope to be able to make an announcement soon. The House will know that the quotas were agreed with the industry and that we are under legal obligations on this matter. It is in our long-term interests to have conservation policies which stick and are effective. There is room for flexibility on the haddock and whiting quotas, for example. We intend to use that flexibility. We are also looking at other possibilities. I hope to make a statement with the next two to three days.

Agriculture

6.

asked the Secretary of State for Scotland whether he is satisfied that the target for agricultural expansion in Scotland is being achieved.

We shall shortly be examining the economic situation and prospects of the farming industry with the National Farmers Unions during the annual review. I am sure that the hon. Gentleman would not expect me to anticipate the outcome of that review.

Does the hon. Gentleman agree that there are big discrepancies in the financial returns of certain sections of the industry, as exemplified by the action which had to be taken recently regarding returns for fat pigs? Does he accept that unless that is put right we cannot have a healthy agriculture industry in Scotland?

One of the fascinating things about the agriculture industry is that there are always big discrepancies. Those who produce certain crops or commodities may do well one year but not so well the next year. However, all-round prospects are good. Indeed, the economic returns to the farmers are well up on anything that they have had during the last few years.

Does the Minister agree that one of the main reasons for lack of investment in agriculture in Scotland is uncertainty surrounding the green pound? Does he further agree that that could be overcome by the establishment of a sovereign, strong Scottish pound to which a green pound Scots would be linked and that the establishment of a strong and healthy green pound Scots would give satisfaction to agriculture interests in Scotland, both consumers and producers alike?

I have enough difficulty understanding how the green pound works, never mind the tortuous statement made by the hon. Gentleman about a mythical Scottish pound. The basic fundamental facts concerning the indicators in the industry are all favourable to the farming community. I rest my case on that.

Does my hon. Friend accept that farmers in Scotland had a very successful year last year? It would be in the interests of consumers—and we on this side of the House represent them—if the Government insisted on sticking to their policy on the green pound and did not yield to the blandishments of either the National Farmers Union or the Scottish National Party, both of which are in favour of the interests of farmers and against those of consumers.

I do not entirely agree with my hon. Friend. It is true that farmers are having a very successful year in Scotland, but equally it is true that unless there are successful years the availability of food for consumers is at risk, The Government have an obligation to ensure that there are adequate food supplies. However, on the other hand, farmers cannot expect to be totally immune from the effect of inflation or from the economic problems of industry generally.

Leaving aside the infantile economic futility of a separate Scots pound, will the Minister urge his right hon. Friend the Minister of Agriculture to make a change quickly in the green pound instead of maintaining the 30 per cent, difference between it and the £ sterling? This difference compares with a 2 per cent, change in food prices which would result from an adjustment of the green pound.

I thought for a moment that the hon. Member was talking about me when he began his remarks. The green pound is under constant review, but we see a need to look at it in the context of the annual review, which is the most significant date in the farming calendar.

Outer Isles (Shipping Service)

7.

asked the Secretary of State for Scotland if he will make a statement on the withdrawal of the MV "Loch Carron" from service on the West Coast of Scotland.

My right hon. Friend accepted the unanimous recommendation by the Transport Users' Consultative Committee for Scotland that the cargo service between Glasgow and the Outer Isles, operated by the "Loch Carron" should be withdrawn after 31st October 1976. The current annual deficit on this service, which was met by revenue grant, was nearly £400,000, and with traffic down to about 5,000 tons this was a loss of £80 on every ton carried.

Is the Minister aware that the directive to the Scottish Transport Group from the Scottish Transport Users' Consultative Committee at the hearing last year was that the company should advertise more and improve its services? Nothing was done and, therefore, the company has, in effect, thumbed its nose at the directive. Will the Minister see that the permission is withdrawn?

I cannot accept that any operator would wish to withdraw what he regarded as a successful service. From the discussions we have had, I am satisfied that suitable arrangements have been made for alternative services for livestock and oil and fuel. The position regarding livestock services will be monitored, and this will be helpful.

Road Accidents

9.

asked the Secretary of State for Scotland what further plans he has to reduce the number of road accidents in Scotland which have resulted in fatalities and serious injury.

My right hon. Friend will continue to take and support measures designed to reduce such road accidents. Fatal and serious injury casualties for 1975 were the lowest since 1965.

Does not my hon. Friend agree that in the last few months the number of fatal and serious injury accidents in Scotland has been quite appalling, particularly at weekends? Many of these accidents happen in relatively quiet country roads where the traffic is not heavy. In any preventive measures he takes, will my hon. Friend accept the suggestion that warning notices or signs should be displayed more frequently in such roads to enable motorists to see that they should drive more carefully and with less speed?

I am always in favour of care on the roads, but I must disagree with my hon. Friend when he talks about a serious increase in the number of fatal accidents. My information is that the welcome trend which I have just announced continued through the first six months of this year. If my hon. Friend has a peculiar problem in his area I will be happy to discuss it with him. The Department has a road safety unit which, in addition to carrying out accident studies on trunk roads, advises local authorities about accident prevention. I will discuss with my right hon. Friend and my noble Friend later this week the suggestion about setting up notices.

Is the Minister aware that one of the most serious forms of accident is to children alighting from school buses? In recent months there have been some fatalities of this kind in my constituency. Will the Minister consider adopting the system of other countries in which school buses have flashing signs which prevent any traffic from moving when the bus has stopped? This not only prevents cars from overtaking school buses but it stops traffic from moving on the other side of the road. This would make a considerable contribution to road safety and would reassure many parents.

Of course, I am prepared to look at any suggestions from any side of the House.

Can the Minister say whether many of these fatal accidents were related to drink problems? Have the Government made any estimate of the increase or decrease in the number of road deaths as a result of the greatly extended drinking hours provided for in the Licensing (Scotland) Bill?

I cannot comment on the effects of the new licensing legislation because it has not yet come into effect. However, I share the hon. Member's concern about drinking and driving. The Government have accepted the recommendations in the Blennerhassett Report as a basis for new drink-and-drive regulations. These will be introduced as soon as possible.

Forestry

10.

asked the Secretary of State for Scotland if he will take action to encourage an increase in planting in the private forestry sector in Scotland.

My right hon. Friend and his colleagues will be looking most carefully at the findings of the interdepartmental review group recently set up to consider the whole question of how private forestry is affected by Government policies on taxation, grants and amenities.

Does the Minister appreciate that timber represents our third biggest import bill, after fuel and food, and that Scotland has the largest percentage of area available for planting? Nevertheless, Scotland is bottom of the European league for the percentage of area under trees. Does the hon. Gentleman realise that if substantial tax incentives were given to the private sector of forestry this would make a great contribution to improving our balance of payments?

In general I would agree with the hon. Gentleman, but I must point out the inconsistency in increasing public expenditure to help the private sector. Of course, the balance of payments argument is one which everyone can accept. However, there is a dilemma here, and it is one which faces the Forestry Commission also: how much can any Government devote to an industry on which there will be no return for 40 or 50 years?

Will my hon. Friend resist totally the blandishments of those who wish to see valuable public resources going into private industry? Will he discuss the matter with the new Chairman of the Forestry Commission to ensure that that organisation has money available from the public sector for the growing of trees?

I share a lot of my hon. Friend's ideological ideas. We must, however, face the fact that about 50 per cent, of timber production comes from the private sector, and it would be irresponsible to ignore its contribution. Nevertheless, I have had discussions with the new Chairman of the Forestry Commission and one of my priorities is to ensure that the maximum effort is made in the public sector.

Does the Minister agree that what is really needed is a long-term consensus policy, subscribed to by all parties, so that the timber industry can get on with producing timber in the way it was able to do between the late 1940s and the disastrous Tory White Paper of 1972?

As usual, the Scottish National Party is riding about three horses. [An HON. MEMBER: " And falling off all of them."] They can attack both Governments—

I cannot reply to all these interjections. To do so would take too long. The hon. Member for Galloway (Mr. Thompson) should appreciate that the SNP is in a unique position. It can attack both Governments on the basis of all sorts of unrealistic things, as it has done particularly with regard to forestry. There would be hardly any room for a sheep, never mind for beef farming, if the SNP had its way.

Rate Support Grant

11.

asked the Secretary of State for Scotland what representations he has received from local authorities concerning the levels of rate support grant.

At my meeting with the Convention of Scottish Local Authorities on 5th November, I informed authorities that the rate support grant settlement for 1977–78 will be related to the February 1976 White Paper on Public Expenditure, Cmnd 6393. The Convention of Scottish Local Authorities has conveyed to me the views of member authorities that the reductions in local authority expenditure would entail the curtailment of services and some redundancy.

Has the right hon. Gentleman found a solution to the difficult problem of ensuring that local authorities which have kept within the expenditure targets do not find themselves penalised through the rate support grant mechan- ism in respect of authorities which have exceeded their expenditure targets?

The guidelines were not meant to be absolute, because the Scottish Office does not have the kind of information that would enable us to lay down firm lines. The guidelines were meant to be indications of what would be reasonable, given that we wanted authorities to keep within an overall target I am sorry that there is no mechanism within the rate support grant that can be identified and be acceptable to the local authorities themselves to enable me to do what the hon. Gentleman suggests. I know that this is a sore point with local authorities which feel that they have co-operated with the Government and that they are being penalised. If I could deal with that problem I should be happy to attempt to do so, but so far I have seen no way of doing that, and I think that local authorities take the same view as I do.

Sensitive as I am to the dangers of special pleading, may I none the less ask my right hon. Friend whether he recognises that Lothian Region has something of a special problem because of the new town of Livingston, as regards both size and the state it is at as a new town?

Livingston is not the only new town in Scotland. Every local authority feels that it has a special problem of one sort or another.

I acknowledge the need for government at all levels to contribute to cuts in public expenditure, but would not the right hon. Gentleman get more co-operation from local authorities if he first set his own house in order, and that of the central Government, by cutting back new schemes of public expenditure or reducing the burden of legislation which passes down to local authorities? Would it not be much better if he were to proceed on the basis of co-operation instead of dictation?

The hon. Gentleman has, as usual, dodged the issue of local government expenditure by pretending that there is some painless way of getting local government expenditure under the kind of control that the Government have indicated. The hon. Gentleman pretends in this House that it can all be done painlessly when it comes down to local level, but the leader of the Conservative Group on Strathclyde Regional Council only last week was calling for a further reduction in public expenditure, at the expense of 5,000 jobs. Is that what the hon. Gentleman wants?

Social Work (Scotland) Act

12.

asked the Secretary of State for Scotland if he will make a statement on the operation of the Social Work (Scotland) Act.

In the seven years since most of the provisions of the Act came into operation, the social work services have developed into a major instrument for helping people in need and for promoting the social welfare of the community generally. The increase in local authority expenditure on social work—which has almost doubled in the last five years—is reflected in substantially increased staff and other resources.

Does the hon. Gentleman agree that children's panels set up under the Act have been undermined by the fact that List D schools are greatly overcrowded and in some areas social work departments are overloaded and can only cope with emergency cases? Does he think, as many of us on this side do, that it would be a good idea to re-establish a separate probation service?

I do not share that view. Perhaps I may give the figures of the numbers involved in social work in Scotland. In 1970 the figure was 7,978, while in 1974 it was 12,800. The hon. Gentleman has several times raised with me the question of waiting lists at List D schools. Indeed, this was the subject of an Adjournment debate. In June 1975 there were 576 on the waiting list, and on 17th October of this year that figure was down to 362. Next week my Department is having a meeting with all the people involved in the running of List D schools and on the agenda, at my request, is a proposal to look at the whole question of List D accommodation. I have recently visited many of the List D schools. I found that one in Aberdeen had 20 empty places. I want that examined. I believe that we should look for a better way of allocating places and that if we were to succeed in finding it the figure of 362 would be substantially reduced.

Is my hon. Friend aware of a considerable lack of liaison between regional social work departments and district housing authorities, particularly in relation to the problem of battered wives? Will he consider transferring the social work departments to district council authorities?

That is not a matter for me. I realise the concern that exists about battered wives, and I can tell my hon. Friend that in Edinburgh on Monday my hon. Friend who is responsible for Scottish housing and I will be meeting a joint group of the housing and social work departments of the Convention of Scottish Local Authorities to discuss the problem to which my hon. Friend has referred.

Will the hon. Gentleman take the greatest care to ensure that reductions in social work expenditure do not lead ultimately to increased expenditure? For example, is he aware that on a grant of less than £100,000 the Royal Scottish Society for the Prevention of Cruelty to Children spends £500,000 every year on essential work, and that if this grant were withdrawn the net cost to the Exchequer and public expenditure would be very much greater?

I am aware of the great work done by the Royal Society. We all applaud its efforts. It does a wonderful job all over Scotland. Subventions come in the main through local authorities as social work provision, and the Government have not asked local authorities to make any cuts at all. The provision for social work in the rate support grant settlement for 1976–77 was 3 per cent, above that for last year. I appreciate the many demands made upon local authorities for social work, but the priorities within a region for social work and other services are determined by local authorities. It is not an easy task for them, and we are co-operating as much as possible. I hope that the initiative that I have taken with church leaders and other bodies will help in some way to take care of the problem rightly raised by the hon. Gentleman.

Is the hon. Gentleman aware that a year has elapsed since the debate on the Children Bill when he indicated to the House that working parties were looking into the provisions of the Social Work (Scotland) Act? What has happened since then? When will these bodies report, and when can action be expected in terms of legislation?

A number of committees are considering the whole question of the Act about which the hon. Gentleman asks and in which he took a great interest when it was going through the House. My right hon. Friend has been consulting many bodies on the whole question of children and children's panels and reparations. I hope that the submissions coming in will be made known in a statement by my right hon. Friend some time in the near future.

Is my hon. Friend aware of the statement by the Lothian Regional Council that if the Government do not alter their position on the rate support grant the council will be required to cut home help services by 10 per cent, and close at least one old folk's home? How can that be reconciled with the spirit of the Social Work (Scotland) Act?

I am not aware of the position with regard to home helps in the Lothian Region, but I take it that what my hon. Friend says is correct. Perhaps I can give the figures for the total number of home helps. In 1970, 33,000 households were receiving home help services. In 1974, the number was 56,000. In Glasgow, the area which I know best, although there was a rationalisation of home help services, more families were getting the service from home helps; but I appreciate the position outlined by my hon. Friend.

The fact that there is no List D accommodation at all in the Highlands Region is a matter of grave concern in the region. Can the hon. Gentleman see his way to reconsidering his attitude to the Kinmylies project?

The hon. Gentleman refers to the Kinmylies project. I had a good meeting with the Highland Region in St. Andrew's House on the whole question of List D provision in the Highlands Region. The region appreciates the difficulties of the Government at the present time. I said that although we were keen on the project we were considering looking at the phasing of it. I want to be honest with the House. I cannot give a date, but the whole question of List D provision and the way in which it will be disbursed into local authorities' care is being actively considered by my right hon. Friend.

Criminal Trials (110-Day Rule)

42.

asked the Lord Advocate how many accused persons have been released under the 110-day rule since 1945; and when and in what court these releases occurred.

No records are kept of these particulars.

No doubt it is wise for the Lord Advocate not to keep records of his own incompetence. Does he not appreciate that there is growing public concern in Scotland that the incompatibility of those who are employed in his Department results in miscarriages of justice with growing frequency when men are released who have been charged with serious crimes? What will the right hon. and learned Gentleman do to demonstrate that he is in charge of the Department for which he is responsible?

The hon. and learned Gentleman is not noted for his consistency, except perhaps in demanding my resignation. He has asked for certain figures, and the Question relates to that. In effect, the hon. and learned Gentleman is criticising the Government for not cutting public expenditure enough At the same time, he is demanding that my Department keeps statistics which it cannot usefully and productively keep.

Is it not the case with regard to the Tartan Army trial that the presiding judge who heard the application refused an extension of the 110-day rule? Does this not reflect on the competence of the right hon. and learned Gentleman's Department, since if the presiding judge had thought that there was justification he would have granted an extension? Is it not the case that there are also instances in Scotland in respect of other court cases? The right hon. and learned Gentleman ought to look at the administration of his Department in order to make sure that these problems do not arise in future.

I would refute any suggestion that the difficulties to which the hon. Gentleman has referred were in any way connected with the competence of those running the cases concerned. I should indicate that the Government and the Crown were guided in this particular aspect of the law by two reported cases, Bickerstaff and Boyle. For the first time, the line of reasoning in those cases was questioned in the Tartan Army trial. I can also tell the hon. Gentleman that a bill of advocation has been tabled by the Crown which raises the matter, and this will be heard by the High Court of Justiciary on Friday.

On a point of order, Mr. Speaker. In view of the unsatisfactory nature of the reply given by the Lord Advocate, I propose to raise the matter on the Adjournment. If he cannot give me the figures, I can give them to him.

Offensive Weapons

43.

asked the Lord Advocate how many prosecutions there have been relating to the possession of offensive weapons in the last 12 months.

Between 1st November 1975 and 31st October 1976 there were 1,557 prosecutions for offences under Section 1 of the Prevention of Crime Act 1953, which makes it an offence for a person to have in his possession an offensive weapon without lawful authority or reasonable excuse. In addition, prosecutions have been brought for offences involving the use of offensive weapons, as, for example, in assaults and breaches of the peace, but separate statistics are not available for these.

I thank the Minister for his reply. Since it is possible at the drop of a hat for the police to search a person for drugs or for protected birds' eggs, should it not be made easier for a policeman to search for offensive weapons than it is at the present time?

I take the hon. Gentleman's point. In fact, a recommendation that an experiment in this direction should be tried for a period of five years was made in the Scottish Council on Crime's report in 1975. It is only fair to add that the figures for convictions over the past three years indicate a decline in the number of convictions for offences under Section 1 of the 1953 Act.

I hope that my right hon. and learned Friend will not follow the facile analogy in respect of searching for birds' eggs and so on. This matter was closely examined over a period of years, and most of the arguments on the social aspects came down against the proposition that we should open this up to search for offensive weapons.

I agree with my hon. Friend that there are two sides to the question, but I do not agree with the way he put his side of it.

Glasgow High Court (Criminal Trials)

44.

asked the Lord Advocate whether he is satisfied with the present procedure for hearing criminal trials at the High Court in Glasgow.

No, but I consider that those concerned are doing the best they can with the available facilities.

Does the Lord Advocate accept that, while the present system for the hearing of criminal trials in the High Court in Glasgow may be convenient for the Crown Office and for the presiding judge, the procedure is grossly inconvenient for defence counsel, the accused, witnesses, potential jurors, the public and the taxpayer? As the right hon. and learned Gentleman has indicated that he is dissatisfied with the present procedure, what does he intend to do in the short term to rectify the situation?

It would not be correct to agree with the hon. Gentleman that the present arrangements are convenient for the judges or the prosecution, but there are great difficulties here. Personally, I think that there is a great deal to be said for introducing, for an experimental period, a fixed diet system in Glasgow. This would raise considerable difficulties, but the recommendation was made by the Thomson Committee and I hope that it will be possible.

Has any estimate been made of the cost to the taxpayer of implementing the suggestion made by the hon. Member for Edinburgh, Pent-lands (Mr. Rifkind)?

No. My hon. Friend raises a relevant point. I remind the hon. Member for Pentlands that an increase in expenditure would undoubtedly be likely.

While the Lord Advocate says that the arrangements are not convenient for judges and prosecutors in the High Court of Glasgow, does he not appreciate that the inconvenience of those concerned is of the order that my hon. Friend the Member for Pent-lands mentioned? Will the right hon. and learned Gentleman try to accelerate what he has put forward in a genuine attempt at fixed diets in Glasgow in which the consideration of all those who have to appear is equally considered?

I am sympathetic to the point that the hon. and learned Gentleman has made, but this is a matter which ministerially does not rest with me.

Courts (Stirlingshire)

45.

asked the Lord Advocate when he next plans to make an official visit to the courts in Stirlingshire.

I have no plans at present to visit the courts in Stirling District.

Does my right hon. and learned Friend agree that part of the purpose of the courts in Stirlingshire is to protect the good people of Stirlingshire from some of the rogues who live there? If the Department of Trade grants my request for a Government inquiry into the affairs of Scottish and Universal Investments, and if that inquiry reveals evidence of fraud or any other criminal activities, will my right hon. and learned Friend see that those responsible are prosecuted, whether they are in castles in Stirlingshire or in accountants' offices in Glasgow or anywhere else?

It would be wrong for me to comment on the particular case raised by my hon. Friend but if any alleged criminal offences are reported to my Department they will be fully investigated.

Does the Lord Advocate know of the disgraceful attempts being made at present to remove the jurisdiction for parliamentary elections from the sheriff courts and place them with unnamed local authorities? What is he doing about that?

Para-Military Organisations (Film)

46.

asked the Lord Advocate why he asked BBC Scotland to arrange a private viewing of the "Current Account" programme dealing with alleged para-military organisations in Scotland; and if he will make a statement.

I saw the programme live on television. I did not personally ask BBC Scotland for a private viewing. As the programme appeared to indicate that offences had been committed in Scotland, I instructed the procurator fiscal at Glasgow to investigate and report to me. He obtained a private viewing of the programme and I hope that he will be in a position to report to me in the near future.

Does the Lord Advocate agree that Scotland has been fortunate in having a limited number of terrorist outrages compared with Ulster? Ought not the BBC and other media to show the greatest caution in making such programmes? Is the right hon. and learned Gentleman investigating, or will the prosecuting authorities investigate, a newspaper report that one of the so-called terrorists was offered a substantial sum in expenses only on condition that he said something sensational?

I note the earlier point which the hon. Gentleman has made and I entirely agree with it. I am satisfied that we have not had the same amount of terrorist activity in Scotland.

Rotary Tools Trial

47.

asked the Lord Advocate if he is now in a position to indicate the cost to the taxpayer of the Rotary Tools trial at Glasgow which terminated on 6th June 1976.

The defence costs are not yet known to the Law Society. I am therefore unable to add to the reply which I gave to my hon. Friend and the hon. Member for Glasgow, Cathcart (Mr. Taylor) on 30th June 1976.

Will my right hon. and learned Friend try to do something about settling this account? The trial finished in 1976 and it is testing our credulity to expect us to believe that he cannot finalise the accounts by this time. Surely the defence and the prosecution know what the trial cost the taxpayer. If they do not know, they should.

I can only say to my hon. Friend that no public body can come into the reckoning until the firm concerned has submitted accounts.

Questions To Ministers

On a point of order, Mr. Speaker. May I draw your attention to the fact that we reached only Question No. 12 to the Secretary of State for Scotland, and that this is making a farce of Question Time? Two weeks today at Ten o'clock in the morning my Question was handed in, but only reached the halfway mark.

You made a personal appeal to hon. Members on both sides of the House. I think that you should also have emphasised the point to the Front Benches. Whether we like it or not, my hon. Friend the Member for Glasgow, Queens Park (Mr. McElhone) made a speech in answer to every question. As a consequence, our Questions were never reached.

It is hardly worth while hon. Members going to the trouble to put down Questions when that sort of thing happens, especially when there are so many supplementary questions from hon. Members who would not take the trouble to put down a Question themselves. Would you consider effective ways and means of end- ing this farce and giving us a fair chance of getting a Question answered?

On a point of order, Mr. Speaker. I would not wish you to think that the protest made by the hon. Member for Coatbridge and Airdrie (Mr. Dempsey) was limited to his side of the House. This is not the first time that he and others have had this experience. I should like you to take note that many of us on the Back Benches on both sides fully agree with his submission.

I made an appeal to those who were here at the beginning of Question Time, but I think that the hon. Member for Coatbridge and Airdrie (Mr. Dempsey) has done a service to the House in some of the things that he has said. I hope that the House will bear them in mind.

Eec (Council Of Ministers)

On a point of order, Mr. Speaker. You will be aware that when a meeting of the Council of Ministers has been held in Brussels, it is the accepted undertaking of the Government that a statement is made in the House. On Monday there was an important meeting of the Ministers of Finance in Brussels, but there is no statement today. I was wondering whether there was anything that you could do to encourage the Government to honour that undertaking so that we may have statements on these important matters which are in progress.

The Leader of the House and others are present and will have heard what the hon. Member has said.

Vaccines Supply (Rochdale)

On a point of order, Mr. Speaker. I wish to make an application under Standing Order No. 9. 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 which should have urgent consideration; namely

"The lack of vaccine supply in Rochdale and the national implications of such lack of supply."
This matter has come to my notice only in the last 30 minutes.

The House will be aware that there has been an outbreak of polio in my constituency and it threatens to spread to one or two other parts of the country, particularly parts of Wales. I now learn from the medical officer of health, as a result of a telephone call this afternoon, that he is unable to vaccinate schoolchildren in Rochdale because he cannot obtain sufficient quantities of the vaccine required. I submit, therefore, that as lives are at stake this matter should have urgent consideration and should be sufficiently important to warrant the attention of the House at this time.

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

"The lack of vaccine supply in Rochdale and the national implications of such lack of supply."
As the House knows, under Standing Order No. 9 I am directed to take into account the several factors set out in the Order but to give no reasons for my decision. All I have to decide is whether the question must take precedence over all other business. It is not the importance of the matter that I am deciding.

I have given consideration to the representations of the hon. Gentleman, but I have to rule that his submission does not fall within the provisions of the Standing Order and that therefore I cannot submit his application to the House.

Statutory Instruments, &C

Unless there is objection, in order to save time I propose to put the Question on the three motions relating to Statutory Instruments together.

Ordered,

That the draft Farm Amalgamations (Variation) Scheme 1976 be referred to a Standing Committee on Statutory Instruments, &c.
That the draft Farm Structure (Payments to Outgoers) Scheme 1976 be referred to a Standing Committee on Statutory Instruments, &c.
That the draft Fugitive Offenders (United Kingdom Dependencies) (Amendment) Order 1976 be referred to a Standing Committee on Statutory Instruments, &c.—[Mr Stoddart.]

Business Of The House (Lords Amendments)

3.36 p.m.

The Lord President of the Council and Leader of the House of Commons
(Mr. Michael Foot)

I beg to move,

That, for the remainder of this Session, any Questions necessary to dispose of Motions moved by a Minister of the Crown, and any amendments thereto selected by Mr. Speaker, relating to Committees to draw up reasons to be assigned to the Lords for disagreeing to Amendments to Bills shall be decided forthwith, and proceedings on such Motions, though opposed, may be decided after the expiration of the time for opposed business.

I should like to inform the House that I have received a manuscript amendment from the Official Opposition and that I have selected it for debate. The amendment reads as follows: to leave out from "Bills" to "though".

When this House disagrees with amendments made in another place to Bills sent there by this House it is the convention to appoint a Committee to draw up reasons for such disagreement. The Bill is then sent back to the other place with the House of Commons reasons for disagreeing with the Lords amendments. The appointment of such a Committee has always been treated by the House as a formality—[HON. MEMBERS: "No."] We may have some discussion about that later, but it is the usual understanding that the appointment of such a Committee has always been treated as a formality—to such an extent, indeed, that it is not even provided for in the Standing Orders of the House. I believe that it is right that the appointment of such Committees should continue to be treated as a formality in that sense.

Giving reasons to the Lords for disagreeing with their amendments is in one sense no more than a necessary courtesy. The decisions of substance on the amendments have already been taken by the House by the time the appointment of such a Committee is proposed and in drawing up its reasons the Committee is bound by the decisions of the House. I think there is no real disagreement between the parties on that aspect of the matter.

An alteration to the situation arose last night, because the Opposition wished to propose an additional name as a member of the Committee. However, the time for opposed business had expired and Mr. Speaker therefore ruled that the amendment could not be taken last night.

In the light of this situation, which I believe is unprecedented, the Government have thought it right to table the motion which appears on the Order Paper today to allow the Questions necessary to the appointment of such Committees, and any amendments which the Chair may think it appropriate to select, to be taken at the end of our consideration of Lords amendments. The motion also provides for such Questions to be decided forthwith.

As I have said, the appointment of such a Committee is no more than a formality and a courtesy and I believe it is in accordance with the spirit in which the House has treated these motions in the past to make such provision. The appointment of these Committees is merely the logical consequence of decisions the House has already taken and I do not believe there can be any dispute about the need to appoint them.

I hope that the House will be prepared to accept the motion. If there is debate, perhaps I might be allowed to reply later. I believe this to be the best way for the House to proceed. That is why the Government have tabled the motion.

I am grateful to the right hon. Gentleman for giving way. He asked us whether we can accept the motion in due course. Are we to take it that, in the same spirit, he will accept the amendment?

The amendment has not yet been moved. What I would prefer to do, if it suits the right hon. Gentleman and the Opposition, is to comment on the amendment after it has been moved. The amendment would permit a debate to take place and would mean that the motion would not be put forthwith. I am not quite sure whether the right hon. Gentleman is referring to that amendment or to the amendment of which the right hon. Member for Yeovil (Mr. Peyton) gave notice yesterday, proposing the addition of a name.

I am grateful to the right hon. Gentleman for questioning me further. I am anxious to explain. I was referring to the amendment of which the right hon. Member for Yeovil (Mr. Peyton) yesterday gave notice. As I know that the right hon. Gentleman does not want to waste the time of the House and wishes to get on expeditiously with the business, perhaps he will indicate whether he is prepared to accept that amendment.

If the right hon. Gentleman would prefer it, I am prepared now to comment on the proposal made last night by the right hon. Member for Yeovil. The difficulty about that proposal is that if it were carried, instead of there being parity on the Committee which decides on the answer of disagreement to the Lords, the Government would be in a minority. It would be the first time in history that that had been proposed. No one could say that such a proposition as that was not altering the whole spirit and letter of the way in which these matters have been dealt with. If the amendment were to be carried it would alter the whole nature of the procedure, and we do not think that that is the right course to take.

3.44 p.m.

I beg to move, as a manuscript amendment to the Question, to leave out from " Bills" to "though".

I am quite prepared to meet the convenience of the Secretary of State by moving the amendment to which Mr. Speaker has referred. The effect would be to permit discussion of the two later motions which we reach after the guillotine procedures this evening. I hope that the right hon. Gentleman will accept the amendment and subsequently take a useful and positive part in the discussion of those two later motions.

I was glad to hear the right hon. Gentleman say that the giving of reasons to the Lords for disagreeing with them in their amendments was a necessary courtesy. We have sometimes come to the sad conclusion that the Government do not regard courtesy as ever being necessary.

There are two explanations for the situation in which the Government find themselves. One is kindly and the other less kindly. I accept without hesitation the kindly explanation, which is that somewhere in the shades of the Government Benches there lurks some sense of shame, some unease, at the grubby expedients which the Government have been driven to adopt to get through their shoddy business. This somehow puts them off their stroke and disturbs their judgment. The less kindly interpretation is that the Government take Parliament so much for granted that they feel themselves to be excused from taking pains with the rules or showing too much courtesy.

As the motion is concerned with the time of the House, it would be convenient for me to say now that later tonight, at the expiry of the guillotine time, the Opposition would be fully justified in following the example set by the Labour Party when in opposition on the Industrial Relations Bill and requiring the House to vote through the night and into the morning. I am sure that my hon. and right hon. Friends have a lively recollection of finishing voting at 11 o'clock in the morning, having started voting at 11 o'clock at night, without a word of argument or debate having been expended. Out of regard for the House and respect for its convenience, this would not be the intention of my hon. and right hon. Friends.

Do not tempt us too far. Despite the characteristically bad behaviour of the hon. Member for Bolsover (Mr. Skinner), who knows no better, we would feel obliged to vote on a number of the most important amendments, but that would be only a very small number. If we were to exercise this restraint, I must make it absolutely clear that we would do so on the understanding that it implies no qualification whatsoever of our support for the House of Lords or our abhorrence and detestation of the Government's actions.

The question we have to ask meanwhile is, why should the Government be permitted to dispose of this matter as quickly and easily as they wish now to do? I suppose it is necessary—

Will the right hon. Gentleman confirm that there have been occasions in the past when we have gone through the process of the guillotine in respect of Lords amendments, although it has never happened when a Tory Government have been in power. A Tory Government have never been placed in the predicament of having to get rid of Lords amendments—and there is irony in that. Will the right hon. Gentleman confirm that we have been through this procedure before, but never on any occasion have we had to go through the process of passing the motion on the Order Paper, because the Tory Front Bench has never before bothered to challenge the procedure, although there have been similar occasions during the lifetime of the present Government?

I do not suppose that that intervention was particularly useful to anybody else in the House, although I am grateful to the hon. Gentleman for giving me a chance to have a glass of water.

It is necessary for me to remind the House that the Government majority—which on these three Bills came down to one and in one instance depended on the hon. Member for Fermanagh and South Tyrone (Mr. Maguire)—hardly justifies their coming forward as the unsullied champions of democratic rights and attacking vigorously and viciously the House of Lords, which is simply doing the duty laid upon it by a Labour Government in 1949. Nor does it warrant their having it all their own way on a Committee which is designed to give reasons. I can think of few collections of people whom I would regard as less fitted than right hon. and hon. Gentlemen opposite to formulate reasons for anything.

We therefore seek to amend the motion to allow discussions of the later motions which will come up tonight. We recognise that the rather peremptory conduct of the Government is very convenient to the Left wing—[Interruption.] The hon. Member for Feltham and Heston (Mr. Kerr) reminds me more of Sydney cricket ground than of anything else. I am tempted to wonder what he looks like when he is standing up. I thought for a moment that we were going to have a demonstration of the reality of the nightmare, but happily we were let off.

This peremptory demand is, as I was saying, very convenient to the Left. It behoves us at any rate to ask the question, what of the moderates? Their influence is not obvious, but they are talked of much. What of the moderates, who have done so much to get the Labour Party into power by giving it a veneer of respectability? But these people are constantly dragged at the chariot wheels of the Left.

We hope that the Government will accept this very reasonable amendment, but before I sit down I would like to quote a passage from "Erskine May", a book not every page of which absolutely thrills me. But on page 602 there occurs this majestic sentence:
"When ministers command the confidence of a majority in both Houses, concord is assured."
What a marvellously lucid explanation of the discord in which we presently find ourselves, when Ministers command the confidence of neither House.

I hope that lion. Members will care to exercise their imaginations about what happens in the situation referred to later on that page, where there occurs reference to how communication takes place between the two Houses. The usual way, it is said, is by message. It goes on:
"Conferences between the two Houses are now obsolete, since their main function, that of providing an occasion for communicating reasons for disagreement to amendments to bills, has been taken over by the modern practice of sending messages … it remains theoretically possible for either House to request a conference with reference to amendments to bills disagreed to."
What a lovely thought that we should now have a conference between the two Houses. I know that my right hon. and hon. Friends, notable for their modesty and restraint, would wish on such an occasion to be mere spectators, because we would like to witness the happy reunions between the bands of brothers from both Houses, including, from the other place, the staunch and loyal supporters of the Labour Party, particularly the Wilson creations, so popular and so well thought of on the Benches opposite. When they brought their messages down here and came to talk to us, we would like them to come bearing their Division records, because, although we impute nothing but the highest and nicest motives to these distinguished people, that unkind and nightmare group below the Gangway opposite has some very serious scores to wipe off.

I ask the pardon of the hon. Member for Battersea, South (Mr. Perry), for whom I have nothing but respect, for I have done him wrong. But I must warn him that he should be more careful as to where he sits. Not even the gleam of his reputation could survive the tarnish which he is risking now.

The Government have got themselves into a real difficulty, not for the first time. As usual, they seek to put the blame upon other people.

I repeat what I said the other day. I do not believe that Lewis Carroll—

On a point of order, Mr. Speaker. I raise it as a point of order pertaining to this case and generally. Is it not a frequent occurrence for Opposition Front Bench spokesmen to turn their backs on the Chair and address parts of the House other than the Chair? That is, of course, out of order. Will you please draw the attention of the right hon. Member for Yeovil (Mr. Peyton) and of right hon. and hon. Members generally to the fact that they should address the Chair and not the Bar of the House?

I am obliged to the hon. Member for Newham, North-West (Mr. Lewis), who came into this House on the same day as I did—

Order. I did not hear what the right hon. Member for Bermondsey (Mr. Mellish) said. I have the good fortune not to hear everything. But it makes a pleasant interlude for me in the Chair if right hon. and hon. Members do look this way.

I am charmed by your invitation, Mr. Speaker. Since you have been kind enough to say that it matters to you, I shall endeavour never to err again. But, by way of excuse, perhaps I should explain that I got that bad habit from observing the right hon. Member for Huyton (Sir H. Wilson) when he was Prime Minister, whom I never copy in any other respect. I had hoped that, during the course of my remarks, I might pick up a bite from the odd minnow, but I never thought to get a whale such as the hon. Member for Newham, North-West (Mr. Lewis).

When I was interrupted just now, I was endeavouring to waste—[Interruption.] I find it very difficult to refrain from wasting the time of the House discussing those people who are, in my view, a sort of Lewis Carroll nightmare of the Mad Hatter's tea party, who, instead of being pleasant, are thoroughly venomous. I hope that before long the Labour Party will shed their influence and learn to behave as a respectable political party again, free of such malign influence.

The Government have once again got themselves into a thorough mess in the handling of Parliament's business. I hope that they will at least show a degree of contrition and courtesy by accepting the amendment.

4.0 p.m.

Who am I, Mr. Speaker, to intrude upon these proceedings? I must first express an interest. I have long nurtured the ambition to serve upon the Reasons Committee on the Education Bill. It was for this object that I sought election to the House and for which I remain here. There may be other ambitions which mean rather more to me.

But there is a far more important reason why this matter should not be dispatched as lightly as the Government Front Bench wishes. On several occasions in the course of this Parliament it has been necessary to assert that there are now several parties strongly represented on the Opposition Benches and that these parties have as much right to a place in the proceedings of the House as those whose leaders sit on the two Front Benches, and their exclusion from committees of all kinds is something that the House ought not to tolerate. It was for that reason that we were prepared to see a name go forward from my own party, and would be prepared on other occasions to see names go forward from other minority parties, to ensure that on other committees, as well as on this, the minorities in this House are represented.

We have been through all this before on a number of other issues, and I had hoped that the matter was resolved. I had hoped that the House had come to agreement that we ought to ensure a system of representation on committees which genuinely reflected opinion in this House. We seemed to have reached that point, but now, quite unexpectedly, we are faced with the issue again in the particular context of the usually rather little considered occasion of the Reasons Committee on a Bill.

What we are confronted with at this time of day is a device which will, unfortunately, prevent us from discussing the merits of the case, from advancing our claims, and from hearing the Government's answer to them. The Leader of the House took the opportunity to give some indication of what is in the Government's mind in response to an intervention by my right hon. Friend the Member for Devon, North (Mr. Thorpe), but we have not been able to explore the matter as fully as we might.

There are many issues that we should like to explore, not least because my noble Friends in another place are themselves responsible for some of the amendments upon which a discussion of reasons will take place. We therefore have a close concern in the matter.

For my part, whatever the heights of eloquence to which the Leader of the House might have wished to rise later tonight, I should have been content with a quite short debate on this matter. I am sure that the subject of my place on or absence from the Reasons Committee can be dispatched with limited argument in a short time. If we could have spent an hour on it later tonight, instead of a rather longer time discussing whether to discuss it at this time, we should have proceeded more sensibly. Why on earth not allocate a modest and reasonable period to resolving the matter instead of trying to foreclose all debate? The end result is to spend time discussing whether to debate at all, and that is not sensible.

If there is one respect in which I would part company from the Leader of the House it is when he said that we were dealing with what had become a formality. Of course, it is true that in recent history very little attention has been attracted by the particular kind of committee which is the subject of these discussions. But I remind the right hon. Gentleman—as I ought not to need to do—that it is of formalities that many of our liberties are made. It is of things which time and time again are not mentioned and not contradicted or referred to but which on one crucial occasion become important that many fundamental liberties depend.

We all know how many times measures go through this House on the nod, without any challenge, because there is no challenge to be made, measures which on some other occasion may be the subject of challenge. We know how many procedures we have here which for most of the time go without any particular notice or any particular disturbance. But at some point, when some matter of great importance is in the minds of hon. Members, they cease to be formalities and become matters of great importance.

I therefore counsel the House never to consider any of its procedures always to be a formality. Every one of our procedures has a time and place when it becomes important. If for 300 days in the year we can treat it as a formality and let it go through with no additional trouble at all, there will be a day when we have to consider it important.

On this occasion we have had to look carefully at the issue of the Reasons Committee, and I am glad that hon. Members in parties other than my own have shared my feeling about it. The Government have not so far shown any willingness to meet us on the point at issue, although I suspect that in their deeper councils they are aware that there is a point of fairness to be granted. They have not shown any willingness so far to meet us, and in those circumstances I do not see how I can encourage my hon. Friends to vote in such a way as to preclude any debate on the merits of the issue—[Interruption.] The hon. Member for Liverpool, Walton (Mr. Heffer) seems to think that there is no issue at stake, but if he found himself on the Opposition side of the House as a member of a minority party—

On a point of order, Mr. Speaker. Is it in order for the hon. Member for Bolsover (Mr. Skinner) to call the hon. Member for Berwick-upon-Tweed (Mr. Beith) a Tory stooge? [Interruption.]

Order. Charges of personal abuse, as I have said before, are much to be deprecated. I am not able in this place to hear all the exchanges from below the Gangway, but I must say that interruptions of that sort are unworthy of the House.

On a point of order, Mr. Speaker. Would you explain to the House whether it is a term of abuse to say that the hon. Member for Berwick-upon-Tweed (Mr. Beith) is a Tory or a stooge?

If I called the hon. Member for Liverpool, Walton (Mr. Heffer) a stooge, I have no doubt that he would soon understand that it was not very complimentary.

There are times when I am glad that my range of hearing is as limited as you have admitted yours to be, Mr. Speaker, although my wit is not equal to yours. If that is the view held by the hon. Member for Bolsover (Mr. Skinner), I suggest that he consults the defeated Tory candidate in my constituency, who certainly does not share it.

The issue is one of relating the procedure of the House to its membership and the composition of the parties within it. That ought to concern hon. Members in whichever part of the House they may sit, because it will affect them sooner or later.

Will the hon. Member clear up a point which was raised by his right hon. Friend the Member for Devon, North (Mr. Thorpe)? It occurs to me that the Leader of the House has a different Order Paper from mine. I understood the Leader of the House to say that if the motion placing the hon. Member for Berwick-upon-Tweed (Mr. Beith) on the Committee were to be accepted, it would put the Government in a minority position. That was what he said, I believe.

From page 13351 of today's Order Paper it seems clear to me that the acceptance of the proposition would give the Government parity, with three members of the Labour Party, two members of the Conservative Party and a member of the Liberal Party. Does the hon. Member for Berwick-upon-Tweed agree with my interpretation? If so, will he find out whether the Leader of the House has got it wrong again?

What I should have said—I apologise to the House if I did not make it clear—was parity below the Chair. It does not alter the argument that I am presenting, as I am sure the hon. Gentleman would agree. If the House agrees to the proposal for adding the name of the hon. Member for Berwick-upon-Tweed (Mr. Beith), it will give the Opposition parties a majority below the Chair.

The right hon. Gentleman points to the difficulties of our proceedings. It is precisely in order to examine these complications that we should look at the next Government motion, which is explicitly designed to prevent us from debating the issue.

I understand the right hon. Gentleman's difficulty. We had occasion to discuss it in regard to the composition of the Committee of Selection. But we have been over this course many times. On the face of it, the simple achievement of the amendment that the right hon. Member for Yeovil (Mr. Peyton) advanced last night was to bring about parity. If that presents the Government with special difficulties, why do they seek to deny themselves the opportunity to explain those difficulties to the House?

Since we are not to be given that opportunity, I ask my right hon. and hon. Friends to support the amendment, which will ensure that the matter could be debated.

4.10 p.m.

That useful work of reference called "Erskine May" makes it quite clear that the object of a Reasons Committee is not to justify decisions of the Commons but to offer persuasion to the House of Lords about why it should find itself in agreement with the House of Commons.

The House of Commons has a diverse composition, as the hon. Member for Berwick-upon-Tweed (Mr. Beith) stressed. Therefore, unless the Reasons Committee reflects as accurately as possible the composition of the House, it is unlikely to do the best job of drawing up persuasive reasons why the two Houses should find themselves in agreement.

Once again the Leader of the House has let the cat out of the bag that he knows neither procedure nor his job. Assuming that this motion is passed unamended, it is clear that he believes that, if the amendment which my right hon. Friend the Member for Yeovil (Mr. Peyton) will have to move later tonight without any supporting argument is carried, there will be the same parity on the Reasons Committee as there is on every Standing Committee following the Government's undertaking to ensure parity on Committees.

If the right hon. Gentleman wants to make a case for the Reasons Committee having a Government majority, that is a case that he must make to the House. It is not a case that is self-evident, because the Government themselves agreed to parity on Standing Committees. Moreover, the relevant Standing Order of the House lays down that Committees of the House shall reflect the composition of the House.

The Opposition raise the matter now on my right hon. Friend's amendment to the Business Motion simply because, if the Business Motion is passed unamended, we shall have no further opportunity to raise the matter.

It is not just on the Reasons Committee the appointment of which was moved last night by a Minister that the House will be denied all opportunity of debate or discussion. It is every Reasons Committee that the Government will seek to appoint this week and, indeed, for the remainder of this Session—even further than the timetable resolutions which are functioning this week and possibly next week as well, since there is no reason for believing that this Session will end next week or on any particular date.

Since the motion refers to "this Session", I am sure that my hon. Friend will agree that, if the Government continue to deal with their business so completely incompetently, the Session could go on for several weeks, during which time the Government might lose 20 by-elections.

My hon. Friend has made a most valuable contribution. The longer the Session lasts, the more by-elections the Government are likely to lose.

I hope that every hon. Member is seized of the point that this debate in which we are now engaged is the last moment in time at which any hon. Member can contribute his comments or advice to the House, including the Leader of the House, although giving the Leader of the House any advice from any part of the House seems to be a singularly unrewarding occupation except in terms of extending his education in procedure. This is the last occasion on which any hon. Member will have the right which he would have but for the passage of this motion.

This is not part of the timetable resolutions. The passage of this motion unamended in no way expedites the business which is the subject of the timetable resolutions. I hope that there is no doubt about that. This is not a necessary part of the timetable resolutions achieving their task. This is a new restriction on the freedom of speech in this House which the Leader of the House has conceived within the past 24 hours, and it does him little credit.

At no stage has the Leader of the House endeavoured to justify to the House his refusal to allow hon. Members to debate this Reasons Committee appointment motion. He made no attempt to do that in moving this motion, and the reason that he did not is that he knows that even the business on which the Government rely does not depend upon the passage of this motion unamended. He is unable to say to his hon. Friends "Unless you allow this further gag on Members of the House, the Government's business cannot be completed." He is unable to say that or, rather, he is unable to say it truthfully, because the Government's timetable is in no way affected by this motion.

Why, therefore, has he done it? He has done it for exactly the same reason as he denied petitioners the right to petition against the Aircraft and Shipbuilding Industries Bill. He has done it because he dare not allow reasonable argument to see the light of day. He knows perfectly well that the Government themselves deliberately delayed the Aircraft and Shipbuilding Industries Bill. He knows that they did not attempt to make any progress on it for a period of six weeks or more after 8th June. It was not the Opposition who held up these measures. It was not the House of Lords which held up these measures. It was the Leader of the House, who is responsible for the Government's programme on the Floor of the House and who, every Thursday, gives the House the business for the coming week.

We have to discuss the Aircraft and Shipbuilding Industries Bill in this context because we shall not have the opportunity to discuss the effect of this resolution on a Reasons Committee in respect of that Bill when the motion is moved for it. Therefore, we have to discuss it now.

Why do the Government want to delay the passage of the Aircraft and Shipbuilding Industries Bill, and why do they want to prevent the House from having a Committee which can reflect accurately its reasons for disagreeing with any of their Lordships' amendments? I think that the House knows why. It is because they want firms in the shipbuilding industry and in the aircraft industry to sack lots of their workers. They want to see them sacked week after week so that, eventually, if the Bill should receive the Royal Assent, the nationalised shipbuilding corporation and aircraft corporation will have labour forces which have already been slashed brutally. The Bill is not intended to save employment in those industries. It is intended as a vehicle for slashing employment.

Does my hon. Friend recall that the Prime Minister said that, when nationalisation had taken place, there would have to be a rationalisation?

Yes, and we all know that there is only one exception to the rule that rationalisation means fewer jobs. That is in the highly paid superstructure which is invented and superimposed upon the management structures which are already there. That is what rationalisation means in the context of nationalisation.

Then, will the hon. Gentleman explain why, during the time that the shipbuilding and ship-repairing industries have been in the hands of private enterprise, the Merseyside shipyards which once employed 20,000 today employ only 3,500? Is not that a clear indication that jobs have been lost because of the inability of private enterprise to organise their industries properly?

It is not an indication of anything of the kind. To the extent that these industries depend on orders coming from abroad, there will be fewer customers—

On a point of order, Mr. Deputy Speaker. Is it in order for this discussion to be taking place on a specific Bill, despite the fact that there is a motion before the House dealing with the whole concept?

I was about to draw the attention of the hon. Member for Tiverton (Mr. Maxwell-Hyslop) to the fact that there is a motion. I hope that he will address his remarks to that.

Before you came into the Chair, Mr. Deputy Speaker, we were discussing the fact that the debate has to encompass those debates that would have taken place but for this motion being passed unamended. If the motion is passed unamended—and it is for the benefit of the hon. Member who intervened rather than for yourself that I make this observation—the reasons for not disagreeing with their Lordships would have been able to be put before the House in a debate to appoint a Reasons Committee. If the motion before the House is passed without amendment, it will have the effect of preventing these debates and therefore preventing these arguments from being advanced. It is in the context of pointing out the merits of the argument that would have been advanced as a reason for not agreeing to the motion unamended that it is necessary to present the arguments that would have been advanced were that not the case. The grounds for passing the motion without amendment would have to go by without being studied specifically in the House.

I do not wish to waste time in digressing in the direction in which the hon. Member invited me, because the question which his own colleagues put to me earlier was about employment. Employment in both the aircraft and shipbuilding industries and, incidentally, in the ship-repairing industry will be more dependent on the volume of overseas orders than on any other factor. The Government are forcing these great industries into nationalised corporations so that the customers can no longer choose where their order is executed. The question whether the customer would be able to choose where the order is executed was put four times running to the Minister in the Committee, but he refused to answer, because the customer will not be able to choose. Therefore, the volume of orders in each of the three industries from overseas customers is bound to be lower than would otherwise be the case, That is because they have the alternative of going to Sweden, Holland, Portugal, or even to Brazil and certainly to Japan, where they can specify who carries out the order.

Order. I am at a disadvantage as I have been in the Chair only for a moment or two. It appears that the hon. Member is straying beyond the bounds of the motion.

I am giving examples of the arguments which it would have been in order to advance before the House decided who could suitably represent it on a Committee to draw up reasons for the Lords.

A number of undesirable consequences will follow unless my right hon. Friend's amendment is passed. Among the consequences that will not follow is frustration of the Government's business. I wish that it would, but it will not. The first consequence that will follow is that the Government will be able to pack the Reasons Committee with a Government majority, although they agree that such a majority is utterly inappropriate in Committees, which is why Standing Committees do not have a Government majority. The second consequence is that the Government will be able to pack the Committee without having to justify it to the House and without hon. Members being able to challenge the reasons. The third consequence is that the Government will be able to exclude all the smaller Opposition parties from the Committee without those parties being able to protest or challenge them by argument.

All hon. Members who wish to advance arguments in favour of putting in reasoned resolutions will be silenced. We have been denied what would have been the most suitable vehicle—a Committee of the Whole House. That would have been able to draw up reasons which are representative of the House. Instead, we have this miserable situation which once again the right hon. Gentleman, the Leader of the House, who was once a parliamentarian, has insisted on inflicting upon the House. He is intent on denying the House of Commons the right to do its duty to the nation. I hope that he will be ashamed of himself and that the House will insist on the insertion of my right hon. Friend's amendment.

4.28 p.m.

Before entering the Chamber, I was in the Table Office and I saw the hon. Member for Derby, North (Mr. Whitehead) with a book under his arm. It was called "Freedom under Foot" by Nora Beloff. It was a thin book and should have been written on a single sheet, because the Leader of the House is trampling on the freedom of the House to come to reasonable decisions.

If words have any meaning, the words which the Leader of the House uttered earlier about the composition of the Reasons Committee were meaningless. Only when I was able to intervene in the speech by the hon. Member for Berwick-upon-Tweed (Mr. Beith) did the Leader of the House come up with some cock and bull excuse about Members below the Chair being the members of the Reasons Committee to whom he was referring. The example set by the Leader of the House is now appealing to his hon. Friends. Yesterday, the Father of the House—of all people—suggested that my hon. Friend the Member for Eastbourne (Mr. Gow) was out of order in seeking a Standing Order No. 9 debate. Fortunately Mr. Speaker intervened to uphold the rights of Back Benchers.

In attempting to force through the motion the Government are operating not only the guillotine, but the jackboot. They claim that they have an adequate mandate for their legislation, but if one tots up the votes at the last General Election of the parties that voted for the motion to guillotine the Aircraft and Shipbuilding Industries Bill and the number of votes cast for the parties that opposed it, one discovers that 11,522,752 people voted for the Labour Party, plus the hon. Members for Belfast, West (Mr. Fitt) and Fermanagh and South Tyrone (Mr. Maguire). But 16,817,424 people voted for the Conservative Party, Liberal Party, SNP and Plaid Cymru. That situation excludes the new position resulting from the three by-elections at Woolwich, Walsall, North and Workington.

Surely that means that the other place along the corridor has every right to take account of the current support in the country for these controversial Socialist measures, particularly when the Government depend for their existence on the support of a man who was interned in Belfast for three years for being a member of the IRA. [HON. MEMBERS: "Treachery."] It seems even now—[Interruption.]

Order. Unless we can hear what the hon. Member is saying, none of us profits.

On a point of order, Mr. Deputy Speaker. Are you suggesting that the hon. Member for Christchurch and Lymington (Mr. Adley) is entirely in order, because I have not heard him mention the motion?

What I was suggesting was that, if I could hear what the hon. Gentleman was saying, I should be able to judge.

I was not casting any aspersions on the hon. Member for Fermanagh and South Tyrone. I am casting aspersions on the Government. The hon. Member for Fermanagh and South Tyrone in his own words in "The Times Guide to the House of Commons" is presumably proud of the fact that he was interned for three years in Belfast. I am casting no aspersions on him. But if the Government with a majority of one have to rely on this particular hon. Member—I do not balk the word "honourable"—I think this is a relevant point to our debate.

The right hon. Member for Down, South (Mr. Powell) appears to be offering additional succour to the Government. I do not wish to enter into the merits of that argument except to say that occasionally when the right hon. Gentleman makes speeches on racial issues he is roundly and vehemently criticised by members of the present Government who seem very anxious to have his support now. Any port in a storm, indeed.

I have the amendment before me, and I bow to your ruling, Mr. Deputy Speaker.

Further to that point of order, Mr. Deputy Speaker. Surely my hon. Friend the Member for Christchurch and Lymington (Mr. Adley) is at the nub of this argument, in that unless we are allowed to discuss who might be properly made a member of this Committee the whole debate falls to the ground. The Government's view may well be that the hon. Member for Fermanagh and South Tyrone (Mr. Maguire) would be a better member of the Committee than the hon. Member for Berwick-upon-Tweed (Mr. Beith). Therefore, this is a very relevant matter in this debate.

Order. That may be the view of the hon. Member, but that is not my impression of what the hon. Member for Christchurch and Lymington (Mr. Adley) was saying.

As ever, my hon. Friend the Member for Chingford (Mr. Tebbit) reflects the general impression which I was trying—inadequately—to convey to the House.

If my hon. Friend were to propose that, instead of the hon. Member for Berwick-upon-Tweed (Mr. Beith), as suggested by my right hon. Friend the Member for Yeovil (Mr. Peyton), the right hon. Member for Down, South (Mr. Powell) were to be a member of the Committee, surely the Leader of the House would accept that with alacrity after last night's news.

That is a very interesting intervention by my hon. Friend to which I should like to give consideration and I may be moved to move a manuscript amendment to that effect later in the afternoon. I should like further to consider that point.

On the motion, we are discussing the relationship between the two Houses of Parliament, and that lies at the nub of this debate—the relationship between the two Houses of Parliament. The fact of the matter is that, certainly on the Dock Work Regulation Bill, which has been called "the Jack Jones Benefit Bill", the Government are clearly influenced by Mr. Jack Jones's views of another place. I put it to you, Mr. Deputy Speaker, and to the House, that the House of Lords is a far more legitimate part of the British political scene—I stress the word "political"—than is the Trades Union Congress.

If we in this place are to discuss—that is the nub of the motion—the freedom of the House of Commons and of the British people, I think that I speak for a number of my constituents when I say that they regard the House of Lords as a far safer guardian of the freedom of Parliament and of the individual than are Mr. Jack Jones and those whom he purports to represent.

Order. Observations from a sedentary position are not in order, as the hon. Gentleman well knows.

The hon. Gentleman has referred to the House of Lords as a democratic assembly. It has an inbuilt Tory majority which on no occasion supports the Labour Party. If that is the hon. Gentleman's opinion of democracy he is entitled to such an opinion, but democrats in general do not share that opinion of that undemocratic body.

This country has a two-Chamber Parliament. It is up to the Government to come to the House of Commons at any time, as no doubt the Lord President of the Council would like to do, and to present a motion to abolish another place. Unless and until that happens we shall have a two-Chamber Parliament. That is the point I was seeking to make and it is a point which the arrogance of certain hon. Members opposite causes them constantly to ignore.

Would my hon. Friend accept that by their actions this Government are in danger of making the other place more representative of public opinion than they are?

My hon. Friend makes a valuable point. Time after time in the past two years Mr. Speaker has had to sit there unable, even if willing, to comment adversely on motions which have appeared on the Order Paper. As recently as the day before yesterday he told me that he had absolutely no control over the Order Paper of the House of Commons. It is, therefore, perfectly open to the Government to table a motion stipulating, let us say, that no Member may speak or vote in the Chamber unless he is a member of the Parliamentary Labour Party or a member of the Transport and General Workers' Union. Only the conventions of the House prevent the Government from doing that. That was the point that the hon. Member for Berwick-upon-Tweed was seeking to make.

We depend greatly upon the conventions of the House. I do not want to see a closed shop enforced in the House of Commons. For that reason, and for that reason alone, I shall fight, fight and fight again for the freedom of Members of Parliament.

4.36 p.m.

I do not wish to prolong the debate on this procedural matter. I wish, as one who has been a Member of Parliament for over 25 years, to say that the mess in which the Government now find themselves stems from the attitude of the Lord President of the Council and Leader of the House of Commons. It dates back to 26th May when he tried to circumvent Mr. Speaker's ruling that the Shipbuilding and Aircraft Industries Bill was a hybrid Bill. If the right hon. Gentleman had then tried to accommodate all parts of the House, the Government would not be in the mess they are in now and we should not be having a debate such as this.

Only yesterday the Prime Minister himself said that the one problem facing the country and facing this Government should be how to tackle the desperate problem of growing inflation and that everything else was secondary. How right he was. One of the most secondary things the Government are doing is to try to rush through five Bills which are totally irrelevant to the situation facing the country.

If only the Lord President of the Council would remember that he is speaking as Leader of the House and not as the ringmaster of the Labour Party, even at this late hour he could rise and announce that two of the Bills could wait for a later time and could be introduced then. Chat is what the country requires. None of these measures will help to solve the financial problems now facing us. It is up to the Leader of the House to recognise this and to try to bring about some accommodation between the Government, the principal Opposition party and the minor Opposition parties and see whether we cannot get, not necessarily concord, as my right hon. Friend the Member for Yeovil (Mr. Peyton) referred to it, but at least some form of co-operation. I urge the right hon. Gentleman to speak now for the House of Commons and not just for the Labour Party.

4.39 p.m.

This business motion introduces a much larger and more serious precedent than may at first sight appear and portends a very considerable erosion of the rights of the House and of hon. Members. I am surprised and regretful and puzzled as to the reasons why the Government should have thought it necessary to introduce it.

The Lord President is quite right in saying that it is a traditional and proper part of our procedure to give reasons for disagreement and that the method of doing so is by the appointment of a Committee to draw up the reasons. But I am sure the right hon. Gentleman will agree that, in the event of the House requiring to resolve the question of the membership of any of its Committees for any purpose, it is the function of the House as a whole to do that job and that the motion which must be put before the House for that purpose is debatable and amendable.

There is no precedent yet for what we are being asked to do. We are establishing that, when the House sets up a Committee, the membership of that Committee shall not be debatable but only votable. Make no mistake that the pressures, which are well understood, are such that this case will not be firmly distinguished and discriminated from other cases. This will be a precedent for the proposition that the House can nominate a Committee by a motion which is not debatable but only votable. I venture to prophesy that it will not be long before the convenience to the managers of such a precedent will be recognised and followed.

The House, rightly or wrongly, and narrowly, has come to a decision to limit the time which it spends on considering Lords amendments on the Bills to which its resolutions apply. If the right hon. Gentleman could argue that there was a possibility of the House frustrating that decision, he would have some ground, some case, for a Business Motion of this sort. However, he is in no such danger.

Let us suppose that the motion, which stands as the second Order of the Day, is allowed to be debated, that an amendment to it is duly selected, by you, Mr. Speaker, and that it is debated. The debate is such that the Chair has the power and discretion, and would know when to exercise the discretion, to keep it within reasonable limits, having regard to the narrow nature of the subject matter. Indeed, the right hon. Gentleman may well have been coming to the conclusion that the debate on this motion, where it stood upon the Orders of the Day, might well have been more brief than the debate which is taking place now. However, in any case there is no threat to the transaction of his business that the right hon. Gentleman has to apprehend from the debating as well as the voting upon such a motion as this. It is that fact which makes all the more serious the erosion, which we are invited to attempt, into the rights of the House.

Therefore, I hope that the Lord President will recognise that this kind of motion is not only not necessary to facilitate his purpose but will have the opposite effect. In addition, it is almost bound to be used to deny the House the right of debating propositions upon which it is to vote. I trust that the right hon. Gentleman will have second thoughts.

4.44 p.m.

When the Leader of the House moved the motion I wondered whether he realised the point of principle with which the House was concerned. When he went on to say that if he accepted the amendment of my right hon. Friend the Member for Yeovil (Mr. Peyton) concerning membership of the first Committee to draw up reasons for disagreing to certain Lords amendments it would turn the parity which existed into a majority against the Government, I thought for a moment that it was because he did not appreciate what he was doing. But it is clear from the intervention he made during the speech of the hon. Member for Berwick-upon-Tweed (Mr. Beith) that the right hon. Gentleman realised full well what he was doing. He said then that he was suggesting setting up not a Committee that had parity but one which had parity below the Chair, as he described it. I do not know whether the Leader of the House was implying that the chairman of the Committee would be in some way in a similar situation to that of a Chairman of a Standing Committee. I see that he shakes his head. If he was not making that point I cannot understand the purpose of his comment. Presumably the member of the Committee who is elected Chairman will be voting in that Committee in the same way as any other member. The Lord President is creating not a Committee of parity but a Committee which has a majority on the Government side.

I presume that the Committee would be like a Select Committee of the House, where the Chairman votes only if there is a tie between the other members. Therefore, for normal voting purposes the Government would not have a majority if one of the Government members were Chairman.

As far as I can see from "Erskine May" and the Standing Orders, there are no rules laid down on the working of this Committee. It is clear—I should have thought that the Leader of the House would accept that this is right—that the membership of that Committee should reflect the composition of the House, as the Standing Orders require for Committees dealing with Public Bills. I realise that they relate only to Standing Committees, but it seems to be the nearest analogy to a Committee of this nature.

The Leader of the House said that this matter could be dealt with without debate because it was a formality. In many circumstances the Committee to give reasons may well be a formality. However, in the case of these Bills the Committee will be asked to formulate reasons for rejecting amendments without their ever having been debated on the Floor of the House, due to the guillotine. Therefore, I cannot see how it can be said that the Committee which has to formulate reasons, vote on them, amend them, reject them, or agree to them is a mere formality. It is much more than a formality. Therefore, I think it important that that Committee should be properly set up and should reflect the composition of the House.

As like my hon. Friend the Member for Tiverton (Mr. Maxwell-Hyslop), I cannot understand what the Leader of the House is afraid of. If he would allow debate on the motion which is very narrow, he would find that it did not go on for all that long and that it had no effect on Government business. It can only be that he is not prepared to allow debate and is not prepared to hear the arguments against what he proposes to do because he knows that there is no justification for the Committee he is attempting to set up.

4.48 p.m.

What is at the heart of this argument is, as the right hon. Member for Down, South (Mr. Powell) said, what is at the very heart of Parliament. Parliament is often referred to, somewhat contemptuously, as a talking shop, but this proposition would close the shop. It would shutter the shop and stop it from even talking about its own procedures.

I suspect that the motion is without precedent in that it is intended to pro- hibit us from discussing our own affairs. It is as though the right hon. Gentleman had guillotined the debate on a report of the Select Committee on Procedure.

I do not know whether he would like to do so today, but no doubt after a week or two the right hon. Gentleman will have convinced himself of some democratic argument for doing so.

The problem is that we have now become accustomed to procedural motions designed to truncate the rights of Members in opposing or even questioning the Executive. At present the Opposition Benches are filled mainly with Conservatives, but that is a situation which even the most optimistic Labour Member must know will not last for ever.

I urge Labour Members who think of themselves primarily as parliamentarians as opposed to members of the Executive—or those who have had it made plain to them that they will not become members of the Executive—to realise that before long they will be suffering from the difficulties that Oppositions always face in making their arguments heard in the country. They will then no doubt take a different view.

Curiously, not one of them has so far put a point of view. They seem to regard a majority of one as being sufficient not just to get their business, but to get it without argument or discussion.

The Government have tabled the motion because they do not want us to discuss it or the amendment concerning the composition of the Committee which will discuss the reasons for disagreeing with their Lordships. We therefore face a twofold problem. The first and most important aspect is that to which I have already alluded, the procedural problem and the problem of whether the Executive will allow the House the right to discuss its own affairs. The second aspect of the problem concerns the suitability of the Committee drawn up.

We are surprised that the Government, having to rely as they do on four splinter group Members who sit on their side of the House, should consider that they have a majority. We would not find that a convincing argument unless those Members actually took the Labour Whip. Even some members of this Government would hesitate to offer the Labour Whip to at least one of those Members upon whose votes they rely to get their business through the House.

The Lord President said that this matter was only a formality, but let him not take formalities of this sort for granted. If the formal powers we have are taken for granted, we shall have to exercise them more frequently so that they are not allowed to rust or be corroded by the corruption of misuse or disuse.

The Lord President is irritated by Parliament and his irritation is not a lovely sight to see. It would be even more unlovely to see this Parliament's rights to discuss its own affairs truncated not only on this occasion but in future when the Lord President brings his motions before the House without even bothering to argue the case for them.

4.55 p.m.

:I am not surprised that the Lord President should at this moment be leaving the Chamber, in view of my hon. Friend's speech. His whole thesis, such as it was, has been torn to shreds.

He began this debate by trying to maintain that the action of the Opposition in trying to add a name to the membership of the Committee was unprecedented. It might be rare, but it is not unprecedented. What is unprecedented is the motion which he has put before the House today, and he has given no argument for attempting to create this precedent.

The amendment in the name of my right hon. Friend the Member for Yeovil (Mr. Peyton) is rare because the position in which the House finds itself is rare. Even within the political lifetime of anybody here there cannot have been an occasion when a Government have attempted to force through legislation against the objections of the House of Lords when that Government have not had a majority of their own party in the House of Commons. Since that is unprecedented, it is therefore wholly appropriate that a slightly antique device should have been reinstated to try to deal with the problem of Lords' amendments and the reasons for objections to them.

I make one comment with great sadness. Perhaps I may declare a rather oblique interest as a director of a publishing firm which is proud to have the Leader of the House as one of its authors. It is a matter of very great sadness that he should have sold down the river his previous devotion to Parliament and, in particular, to the House of Commons. I never thought I should hear him telling the House, as he did not so long ago, that he would curtail debate in this House for the sake of the House of Commons. There is no House of Commons interest in curtailing debate in this House. The interest of the House lies in the opposite direction, in having a full debate. The Lord President has other interests at heart when he seeks to curtail debate.

Why has the right hon. Gentleman become the great poseur of the House? Why has he adopted this stance? I think that it may be, in view of his recent remarks to a Fabian meeting in Cambridge, that he has been so carried away by parliamentary democracy Indian-style that he thinks it is a better brand than the democracy that hitherto he has espoused. No doubt in due course we shall see proposals for the incarceration of journalists and the suspension of elections. Certainly the right hon. Gentleman's enthusiasim for Mrs. Gandhi's democracy bodes ill for the House of Commons.

But I suspect that there may be another reason why he is attempting at every opportunity to curtail debate in the House. It is that he has been seduced by a new doctrine, the doctrine of trade union infallibility. The most reactionary cardinal who ever lived has never promoted the cause of papal infallibility with the dedication with which the right hon. Gentleman promotes the cause of trade union infallibility.

One of the oddities about his belief in trade union infallibility—which means the infallibility of certain important trade union leaders—is that it has just been repudiated by rank and file trade union members themselves. That is what happened at Workington and Walsall, but the right lion. Gentleman still holds to his belief in trade union infallibility. It must have caused him great pain and distress to discover that that doctrine has been shown to be incompatible with his belief in Parliament and the House of Commons, although no doubt initially he thought it was compatible. He has now had to make a choice between the two, and regrettably he has not chosen Parliament. He has chosen trade union infallibility, and that is the doctrine to which he now holds. That is the great sadness that lies behind the debate and behind many of the speeches that we have heard from the right hon. Gentleman.

Behind all this lies the question of what the relationship should be between the House of Lords and this House. I do not pretend for a moment that it is a satisfactory relationship at present. Of course it is not. But if the right hon. Gentleman has any proposals for reforming the House of Lords, let him put them to the House. We shall judge them on their merits, Maybe something better could be devised but the right hon. Gentleman has not done so.

If the right hon. Gentleman is unwilling to do that, and if it is a question of defiance of the will of the people that Labour Members below the Gangway speak of so often, let the question of the relationship between the two Houses be put to the people and let the people choose in a General Election. We are ready for that and it is the Government who are not.

5.2 p.m.

I think it best to avoid personal attacks on the Lord President choose to speak more to his colleagues below the Gangway than to the Government Front Bench.

I am not sure that I want to listen—[Interruption.] I am not sure that I want to listen to any more of this.

Order. Hon. Members must not address the House from the centre of the Floor.

The point I want to make above all else is that we live at a time when parliamentary democracy is at risk across the whole world. It is at risk in this country and in many others. The threats to our parliamentary democracy do not arise only from the right hon. Gentleman. All of us know that power is seeping away from this place to big business, big unions, big media and big civil services.