House Of Commons
Thursday 2nd December 1976
The House met at half-past Two o'clock
Prayers
[Mr. SPEAKER in the Chair]
Private Business
Anglian Water Authority Bill Lords (By Order)
Order for Second Reading read.
To be read a Second time upon Thursday next.
Scottish Transport Group (Castle Bay Pier) Order Confirmation Bill
Read the Third time and passed.
Oral Answers To Questions
Northern Ireland
Security Forces
1.
asked the Secretary of State for Northern Ireland whether he will make a statement about the public relations of the security forces.
Public relations for the Army are handled by Army information services at Headquarters Northern Ireland and are the responsibility of my right hon. Friend the Secretary of State for Defence. Public relations for the RUC are a matter for the Chief Constable. I know that he attaches great importance to this work, and the force is engaged in an extensive programme with a view to increasing public support for the maintenance of law and order.
Is the Secretary of State aware that the Opposition applaud the fillip that the right hon. Gentleman has personally given to the Ulster Defence Regiment at a time when it has been bearing terrible casualties, coincident with vile slanders from certain politicians? Should not all who hold or aspire to responsibility in Northern Ireland back the security forces and encourage recruitment from across the community instead of exaggerating the faults of a few?
I am much obliged for what the hon. Gentleman has said. It is tragic that in recent months the UDR has been coming under attack, especially in off-duty hours. This is the most callous and most discriminate form of killing that the Provisional IRA in particular has embarked upon in recent weeks. It is up to us all, on both sides of the House and on both sides of the sectarian divide in Northern Ireland, to give the UDR all the support and recognition it requires.
Will the right hon. Gentleman, in conjunction with his right hon. Friend the Secretary of State for Defence, urgently correct the unfortunate false report in the Press in Northern Ireland which attributed offences committed on duty to members of the UDR—a most damaging and false statement?
I am obliged to the right hon. Gentleman for raising that matter. It should be quickly rectified. I felt some sympathy for the operations of the UDR in recent weeks and I went out on patrol with its members one night in order to give them some recognition of the difficult task they are having to perform. There are thousands of members now. Though, occasionally, one may slip through the screening process, by far the majority are good, honest men, who are doing their best for the security of Northern Ireland.
On the subject of publicising the names of individual officers and men who render safe bombs and explosives in Northern Ireland, did the Secretary of State for Defence discuss this with the right hon. Gentleman, as he promised me he would? If so, what was decided?
From my previous responsibility, I am aware of the difficulties here as, I am sure, is the hon. and gallant Gentleman. It would be difficult quickly to name those members, especially of the ATO force, which is responsible for bomb disposal, even when they get gallantry awards, because of the risk of those names being listed and earmarked for assassination in Northern Ireland.
Is the Secretary of State aware that certain members of the SDLP have made a vicious and wicked propaganda campaign against the UDR? Will he agree that a good Government public relations exercise is essential to counteract such statements? Is the Secretary of of State also aware that political maggots, namely Canavan, Mallon and Cooper, are responsible for the deaths of UDR men in Northern Ireland?
Public information and propaganda are extremely important in Northern Ireland, as the hon. Gentleman will recognise. Very often, of course, the propaganda war takes higher priority than some of the killings that take place there. But I hope that the hon. Member will not start chastising members of political parties on that score. He will recognise, I am sure, that in the Press on Monday my hon. Friend the Member for Belfast. West (Mr. Fitt), very courageously, viciously attacked the Provisional IRA for its killings against its own Catholic people in Northern Ireland.
Will my right hon. Friend deprecate the outlandish and slanderous language that has just been used by the hon. Member for Belfast, North (Mr. Carson), in which he sought to lay the blame and the responsibility for the deaths of the UDR men on the shoulders of the SDLP? Does my right hon. Friend agree that the full responsibility for those deaths can be laid at the feet of the Provisional IRA, and that every member of the SDLP, including those mentioned by the hon. Member for Belfast, North, has openly condemned the IRA for every one of those killings? Does my right hon. Friend also agree—this is most important—that over a number of years certain factions, namely the UVF and other Loyalist para-military organisations, have been able to infiltrate the UDR, bringing no praise on that regiment?
I would not want to start, in this House, an argument along the political front and the sectarian divide in Northern Ireland. Suffice it for me to say that the Provisional IRA has itself been responsible for many bombings, assassinations and, I believe, sectarian killings. But I believe that the UVF assassination squads are equally guilty. Most of the senior and responsible politicians in Northern Ireland, however, are keeping well away from both of them.
I allowed longer on that Question than will be possible for others.
8.
asked the Secretary of State for Northern Ireland if he will make a statement about the security situation.
The main features of the security situation since last reported to the House have been some particularly brutal sectarian murders, a number of attacks on the security forces, a high success rate in bringing the gunmen and criminals to justice, and the further decline in popular support for the Provisional IRA.
The fact that already this year a total of 1,183 people have been charged with terrorist crimes, including 116 with murder and 103 with attempted murder, is a measure of the inroads now being made into the ranks of the terrorists. In the same period, 119 people have been murdered as a result of sectarian and inter-factional assassination.I welcome the robust tribute that the Secretary of State paid earlier to the Ulster Defence Regiment, but does he recall that his predecessor told us on 2nd July that there would be a substantial increase in the full-time element of the regiment? Can he now tell us how many new full-time UDR men are being recruited?
No. I am sorry, but I cannot oblige the hon. Gentleman and the House at this moment. The increase of "conrates"—that is, the full-time UDR—is certainly under urgent consideration, and I hope that when I ask the House for the renewal of the emergency provisions I shall be able to say something useful.
When the right hon. Gentleman use the word "sectarian" in the technical and specialised sense in which we in this House understand that he is using it in that kind of answer, will he make clear to the general public that there is no question of great masses of people in Northern Ireland, whose religions differ, being hostile to one another or clashing with one another, but that both lie under the terror of a small number of gunmen and that of the two religious communities, the Roman Catholics suffer more from the terror?
I am afraid the right hon. Gentleman is correct. I concur with what he says. There are a few gangsters—callous murderers—in the ranks of the UVF, the UFF and the Provisional IRA who are responsible for these sectarian killings. The vast majority of Northern Ireland people are not involved and do not have that hatred and emnity for each other.
Furthermore, I notice that in Great Britain, as the Northern Irelanders would term it—namely, England, Scotland and Wales—we are boasting that we have got rid of the "English disease" and that we have the best industrial record of the past 25 years. In industry in Northern Ireland it is twice as good as that. To the workers themselves when they cross the threshold of their factory gates there is no sectarian divide.Will my right hon. Friend accept that the Government's policies in Northern Ireland have failed abysmally and that they fail every day that people hear on the news that someone has been murdered or is in trouble? Will he not seek help from the United Nations in solving the problems of Northern Ireland? Is he aware that as long as he keeps British troops in Northern Ireland there will be no solving the problems there, and that he may as well admit it sooner rather than later and not allow the situation constantly to deteriorate as he, the Government and the appalling consensus in this British House of Commons do at present?
I am sorry, but I absolutely and fundamentally disagree with my hon. Friends analysis of the Northern Ireland situation. Now that we have ended detention, every assassin who is caught and charged for murder, attempted murder or the handling of explosives is going behind bars. He is going into gaol and being taken out of society for a long time. I have given the figures this afternoon to prove that this policy is working.
The RUC is now more effective, morale is high, recruiting is good, and the regional crime squads are really tackling the assassins. The Provisional IRA knows this, and so do the UVF and the UFF, and they are now struggling to find propaganda weapons against Her Majesty's Government. One of the problems is, of course, that they are now trying to operate with sniping tactics against the UDR when they are off duty, and the RUC and other security forces when they are on patrol. This is a British Government responsibility, and not one for the United Nations.Arms, Ammunition And Explosives
2.
asked the Secretary of State for Northern Ireland what evidence he has about the source of arms, ammunition and explosives which arrive in the Province unlawfully; and if he will make a statement.
It would not be in the interests of security to reveal the full nature of evidence available to us. I can, however, say that we have reason to believe that the flow of arms across the Atlantic has been reduced. As for weapons of East European origin, there is no evidence to suggest that terrorists obtain more than a small proportion of their weapons from that source.
As regards explosives arriving unlawfully in Northern Ireland, our belief that most of the commercial explosive recovered originates in the South is, I think, well known. The origin of improvised explosive cannot be established with certainty. The Irish Government, with whom we are in regular contact, share our concern to prevent supplies of explosive material reaching the hands of illegal holders.As the story of violence and terror continues unabated in Northern Ireland, will the Minister confirm that the Government are taking all the diplomatic steps open to them to impress upon foreign Governments that the supply of money as well as of arms and ammunition, although illegal, is causing increasing concern to Her Majesty's Government?
I can give the assurance that the hon. Gentleman seeks. We are seeking in every avenue to discuss these matters in great detail with those countries which may be able to help us.
Is it true that since the emergence of the Peace People movement and their trips abroad there seems to be a greater awareness and understanding of the threat to decent people in Northern Ireland as a result of money and arms being sent from abroad to the Provisional IRA in Northern Ireland? Has the Minister any evidence to show that there is a drying-up as a result of this, and can the Government help further to stop up the sources?
I think that what the peace movement has been able to achieve is of great significance to Northern Ireland. I have no evidence to suggest that through the work that it has performed and the opportunities that it has given in the Province it has been instrumental in stopping the flow of arms. I wish to goodness that I could say that it had.
What proportion of explosions recently have taken place as a result of the laying of commercial gelignite, and what proportion through improvised explosives? What steps is the Minister taking to try to seal the border against the import of such explosives?
On the first two questions that the hon. Gentleman asked, I cannot give him the statistical evidence that he is seeking. With regard to the border, every effort is being made to police what crossings remain open and we are keeping a careful watch with vehicle checkpoints and patrols. More than this we cannot do at the moment.
Would the Minister consider using the public relations department in the United States to impress upon the people of the United States the total lack of glamour which is inherent in providing aid to Northern Ireland, or Ireland as a whole, because, at this moment—especially with regard to what Mr. President-elect Carter has announced—there are still appeals for money which people think will do good, rather than the incredible harm that it does?
I am pleased to tell the House and the hon. Gentleman that we have received good co-operation from the United States as well as from Canada and North America.
Electoral Law
9.
asked the Secretary of State for Northern Ireland what changes he intends to make in the electoral law in Northern Ireland.
An Order in Council will shortly be presented to make provision for the 1977 and subsequent local government elections. It will provide for them to be conducted under the same system of proportional representation as was used in 1973, but for restricted postal voting on the same criteria as apply to local elections in England and Wales. The Order will also make provision for the same limits on candidates' expenses as apply in local government elections in England and Wales. The right of candidates to send election addresses post-free, which they enjoyed in 1973, will be retained.
Is the Secretary of State aware of the need for early clarification of all the rules and regulations concerning the local government elections? Is he aware that we on the United Ulster Unionist Bench fully support the restriction on postal voting and that we agree that it should be restricted to those categories named in the Representation of the People Act? Will he ensure that the limitation of candidates' expenses is imposed on an individual basis and not upon groups of candidates?
I shall give consideration to what the hon. Gentleman says about getting out more information. I may be able to make a lengthier statement for the Press so that people in Northern Ireland can understand the changes that are taking place regarding the future local government elections. Candidates' expenses were £300 in the last election. Under the new system, they will be increased, and joint candidates' expenses will be improved, too.
On the wider question of election, what initiative is the Secretary of State taking to increase the Northern Ireland representation in this House?
My priority would be to encourage the politicians in Northern Ireland to go for a devolved Government first.
Will the right hon. Gentleman change the electoral law to ensure that, irrespective of what happens in Great Britain, there will be no delay in having direct elections to the Common Market by making the Province a single constituency which returns three or four Members to the EEC Parliament? This would provide greater democracy in the Province than now exists.
That is an entirely different question from the one on the Order Paper. Perhaps we should wait until the Bill on this subject has been published.
Will the right hon. Gentleman enlarge on his remarks about fuller representation in this House? Does he not think that it would be fairer if, when proposals for devolved government for Northern Ireland are being discussed in this House, the Northern Ireland people had proper numerical representation in the House?
Since I came into this office I have always recognised—and I have said it more than once—that Northern Ireland is under-represented in the House of Commons. At present, if representation for Northern Ireland were equated to the division of electorates in the rest of the country, Northern Ireland would be entitled to at least four more seats, but I do not think that it is either appropriate or the most opportune time to go into the question of increased parliamentary representation. I hope that the politicians in Northern Ireland in particular will start thinking seriously about how best they can agree upon a devolved form of government. We may then be able to settle the question of parliamentary representation in the House of Commons.
In a speech by my right hon. Friend in Northern Ireland recently, he called upon local politicians in Northern Ireland to try to get together to find out whether there is a basis for the formation of a devolved Government. Does he not think that the time is now opportune to use the agencies of his office to determine whether it would be possible to call a conference of elected representatives in Northern Ireland, with the intention of bringing about devolved institutions there? Those who attended would then be seen as seeking a solution to the problem; those who refused to go, except on their own terms, would be seen for the destructive sector which they now are.
In view of what my hon. Friend said in the latter part of his supplementary question, I do not know whether it would be helpful. He wanted really to highlight those who had been obstructive rather than those who wanted to be helpful. I am always willing to listen to suggestions. As the Convention failed, I would have thought that the local politicians themselves should be prepared to consider the reasons why the Convention did not succeed and why we could not have moved on to a form of devolved government in which we could have achieved acquiescence by the major sections of the community in Northern Ireland. If they can do that, I am prepared to listen.
Compensation Legislation
3.
asked the Secretary of State for Northern Ireland if he will publish the completed reviews of the present legislation on persons and property compensation, and bring legislation before the House by the end of 1976.
No, Sir. My right hon. Friend will inform the House of his intentions as soon as he is ready to do so.
Does the Minister appreciate that soldiers who have served and who are serving in Northern Ireland rightly regard the present shilly-shallying over these complicated matters by Whitehall as unforgivable? Secondly, will the Minister at least promise the House that in future those convicted of acts of terrorism will not be entitled to free hand-outs at the taxpayers' expense? Finally, does the Minister appreciate that crippled soldiers are waiting years for compensation? What will he do about it?
On the accusation of shilly-shallying, as the hon. Gentleman said, these matters are complicated. They certainly are not easy. I know what I should like to see out of this, but all I can say to the hon. Gentleman is that he must be patient a little longer. We intend to put this right as soon as we possibly can.
Is the hon. Gentleman aware of the grave disquiet that there is that this has not been brought forward sooner? Is he aware, for example, that a young woman who was left widowed with two young children as a result of the Bessbrook killing less than a year ago received compensation of less than £5,000 for herself and her two young children, and that this is hard to reconcile with the £11,000 and £16,000 paid out to living terrorists?
On the last point, I should say that this has nothing to do with the two pieces of legislation that will be coming before the House. This is something that happened in 1971 and is among the last of these incidents. Sometimes I wonder why the other 12 were not so furiously followed in this argument.
Drainage Works
4.
asked the Secretary of State for Northern Ireland what further consideration he has given to the publication of a phased provisional programme for future drainage works which are in contemplation.
This suggestion has been given consideration, as my right hon. Friend the then Secretary of State for Northern Ireland promised on 1st July 1976. Provisional proposals can be misinterpreted to mean actual commitments, and my view is that the disadvantages of publishing even a provisional plan for the drainage of Northern Ireland would outweigh the advantages.
Is the hon. Member aware that while I recognise the close interest which he personally has taken in this matter—including my own constituency— I shall continue to press him to find a method of indicating to those interested, particularly in agriculture, broadly what are the prospects and intentions during the coming years, and to persuade him that this will be advantageous to the Government and to representatives of Northern Ireland as a matter of public relations and public opinion?
As the right hon. Gentleman has recognised, and as I have said many times, I am more than willing to see hon. Members concerned with drainage problems in their constituency or, indeed, the organisations already existing in Northern Ireland, such as the Farmers' Union. However, one of the disadvantages would be that any provisional proposals would automatically cause controversy in the order of priorities and the times spent in undertaking surveys, because the representations made by deputations would really stop the drainage programme as we now know it.
Is the Minister aware of the great problems which arise as the result of minor watercourses and which can be successfully tackled only by Government action? Will he give an undertaking that the programme on the minor watercourses will not only be continued, but will, in fact, be expanded?
I give the hon. Gentleman the assurance that we shall continue wherever possible to deal with minor watercourses. However, that in itself causes problems, because those riparians on either side of the watercourses often hold negotiations to a point where serious delay is involved. If I were to follow absolutely what the hon. Gentleman has requested, criticism would fall upon me for inaction.
Housing Policy
6.
asked the Secretary of State for Northern Ireland if he will make a statement on future housing policy in Northern Ireland.
I have been reviewing, in the light of the latest forecasts about population changes, housing conditions and the new powers in the Housing (Northern Ireland) Order 1976, how more effective action can be taken to tackle Northern Ireland's grave housing problems. The new building programme for the next five years is being re-examined and is likely to show lower targets for many districts.
I am determined that measures to deal with the housing crisis in Belfast should be given a much higher priority. I believe that substantial new programmes for renewal and improvement in the inner city are needed and am examining how our machinery for dealing with the housing and associated problems in Belfast can be strengthened. I have also been studying the severe handicap which sectarianism imposes in making greater progress in many areas. I plan over the coming months to open up a wide public debate which will involve all those interested in housing, including the political parties.My hon. Friend will recognise that his statement indicates that there is to be a departure from previously recognised housing policy in Northern Ireland. In implementing his new policy, will the Secretary of State bear in mind at all times that this is not only a question of bricks and mortar, finance and economy, that housing is a very human problem in Northern Ireland, and that no person should be forced to live in any part of Northern Ireland against his wishes, particularly in view of the sectarian problems that exist there at present?
I can give my hon. Friend that assurance. We seek to do everything in this area in a purely voluntary way, but the one thing that we must do is to make an impact on the Belfast housing problem. It is certainly the worst in the United Kingdom—and probably the worst in Western Europe.
Is the Minister aware that we on the United Ulster Unionist Bench fully support his general intention to switch resources to the restoration of existing housing stock in preference to development of vast new housing estates? Regarding the consultation to which he referred, will the Minister give an assurance that he will give priority to the elected representatives, namely, the local district councils, in preference to all others—certainly in preference to self-appointed community groups?
It is certainly my intention to consult everybody, but particularly the elected representatives, including Members of Parliament and councillors But in this change of direction we hope to carry everybody with us—the Housing Executive, the local authorities and reputable tenant and resident associations.
Is my hon. Friend satisfied with the level of cost of public housing in Northern Ireland? Will he comment on allegations that there may have been excessive profiteering at public expense?
Investigations are continuing in that area and allegations are con- tinually being made, but if my hon. Friend has evidence of any malpractice, or believed malpractice, and will pass it to me I shall be only too pleased to look into it.
Terrorism
7.
asked the Secretary of State for Northern Ireland how many violent deaths there have been in Northern Ireland to date in the current year; and in how many of these the persons responsible have been brought to trial.
So far this year there have been 285 deaths attributable to the security situation in Northern Ireland, and 91 persons have so far been charged in respect of 49 of these.
Does the Minister recognise that the first part of his answer gives a totally appalling figure, and that it shows that there has been no improvement in the security situation in all the time that British troops have been in Northern Ireland? Does he not recognise that there is a limit to how far this country can go on pursuing a policy that gives no hope of success?
Which country?
I would point out to the hon. Gentleman that of the 285 deaths, 119 were sectarian and interfactional killings, which are not the responsibility of the security forces. These deaths were caused by Irish people themselves killing their own kinfolk, crossing the sectarian divide for sectarian reasons. The security forces have great difficulty in trying to control that sort of situation. I hope that the hon. Gentleman is not giving hope, succour and aid to the "Troops Out" movement, when he utters those sorts of words in the Chamber.
Does my right hon. Friend agree with me that the number of killings in Northern Ireland over a period is not entirely due to the stability, or lack of it, in the security situation, but is due to the political situation in Northern Ireland? Does my right hon. Friend agree that the fact that these deaths continue on an ever-increasing scale seems to indicate that our political line on this situation at least needs further and deeper exploration? Will my right hon. Friend therefore take into account that some type of conference must be called at some stage, involving all the groupings involved, in order to establish a new political alignment and prevent these deaths, no matter what the security situation happens to be at that moment?
I think that there is some substance in what my hon. Friend says about the importance of the social problem in Northern Ireland—with so many people out of work, the school leaver problem and young people not being able to find a job and therefore being fodder for para-military organisations. There is a major social problem, and it is my intention, while I am responsible for governing the Province, to bring the economic and social problems to the fore, to force the politicians and the unions to spend more time on them, and to try to tackle, partly in that way, the security problem that is inherent in Northern Ireland.
Is the Secretary of State aware that the withdrawal of the British Army at the present time would lead to a far more terrible situation than exists today? Will he make his position clear on that once again? We will give him our full support, as we have done in the past. Is it not true that the level of violence in Northern Ireland is intolerable, and that it will not be stopped until the Secretary of State is able to take steps to put out of circulation for a long time the people who are organising it? Will he, in particular, say what steps he is taking to deal with the high level of juvenile crime, which is causing very great concern to the Royal Ulster Constabulary and others at the present time?
I am obliged to the hon. Gentleman for what he says. The Army, which now numbers 14,500 in Northern Ireland, will stay there as long as the security situation warrants it.
The RUC has already charged 116 terrorists with murder this year. Gradually, it is taking out of society the murderers, the assassins and the major criminals who are operating in Northern Ireland, and putting them behind bars for a long time without any political status. With reference to the "Troops Out" movement, I think that any responsible commentator on the Irish scene would be very hesitant to put forward the theory that peace could be quickly restored if the Army were withdrawn. Most people would recognise that the result might be a bloodbath in Northern Ireland, spilling over to major cities in Great Britain as well.Terrorism (Compensation)
10.
asked the Secretary of State for Northern Ireland if he will introduce legislation to ensure that public funds are not made available for compensation to terrorists or those closely associated with terrorists or with violent or illegal organisations.
I must ask the hon. Member to await the detailed proposals for amending generally the law on compensation for criminal injuries to persons in Northern Ireland, which my right hon. Friend hopes to publish as soon as possible.
Does the hon. Gentleman agree that there is much public disquiet about awards made to suspected terrorists? At least two recent cases have shown the need to give the courts geater discretion in assessing the extent to which payments are involved with terrorist organisations.
Under the present law, the courts have such discretion now. But it is, and has been, a very complicated affair. We have had reports on both criminal personal injuries and property injuries, and we are acting as speedily as we can.
If the hon. Gentleman and others will show a little more patience for a little longer, I am sure that they will be satisfied.Does the Minister agree that the basis of assessment of compensation under the Criminal Injuries to Persons (Compensation) (Northern Ireland) Act is grossly unfair, not only to terrorists but to the widows of British soldiers killed in the Province? Will he please ensure that in any future legislation on this subject less account is taken of the pure financial loss to the victims and their families, and that the very large differences that exist under the present legislation will no longer be tolerated?
The hon. Gentleman and his hon. Friends will have to wait a little longer. It is a very complicated affair, as is obvious from the way that the hon. Member started his question, when he said that the system is unfair to terrorists as well as to soldiers and others. We have to be very careful what we do in this respect, so that in cutting out one we do not cut out all the others.
Is the Minister of State aware that the Chairman of the Criminal Injuries Compensation Board in Britain, Mr. Ogden, has stated that in future he will make no awards to persons convicted of terrorist activities? Is not this the legislation which should be amended to bring Northern Ireland into line with that principle? Does the Minister agree that compensation awards should be made on the same basis throughout the United Kingdom?
Again, I can go no further. I am aware of Mr. Ogden's statement, with which I, personally, concur, but I still ask the hon. Gentleman to wait a little longer, until the proposals have been prepared.
Primary Education
11.
asked the Secretary of State for Northern Ireland if he will define the term nearest suitable school with regard to primary school education in Northern Ireland.
The "nearest suitable school" is not a term defined in the education statutes. However, in a Northern Ireland Department of Education circular of 8th August 1969 on school transport the "nearest appropriate school" is the one nearest to the home of the pupil which is educationally apropriate to the pupil's age, aptitudes and abilities.
Is the Under-Secretary aware that the education boards are taking the nearest suitable school to mean the school which is suitable on religious grounds? Is he aware that some Roman Catholic parents who believe that separate education has contributed to the present division in Northern Ireland wish to send their children to State schools but are being refused transport for those children to the nearest State school because a church school is within the statutory walking distance? Will the hon. Gentleman undertake to see that all children in Northern Ireland, if their parents so wish, have the right to attend a State school and be provided with transport to it?
My noble Friend is aware of the problems that the hon. Member raises. The hon. Member has instanced a particular case in his own constituency which my noble Friend is looking into while at the same time considering the general point involved.
Criminal Jurisdiction Act 1975
12.
asked the Secretary of State for Northern Ireland if he will make a statement on the working of the Criminal Jurisdiction Act 1975.
The Criminal Jurisdiction Act 1975 and its counterpart in the Republic of Ireland, the Criminal Law (Jurisdiction) Act 1976, have been in operation since 1st June 1976. The Acts relate only to persons arrested in connection with offences committed after that date. No prosecutions have yet been brought.
Can the Secretary of State inform the House how many members of terrorist organisations who committed crimes after that date and who should be subject to this law are at present in sanctuary in the Republic? What steps is he taking to see that the Act is now implemented?
The Act is in operation. I am sorry to say that there has not been sufficient evidence against anybody who has been apprehended since 1st June in the Republic whereby they could have been dealt with under the Act. Prior to 1st June, and therefore not coming under the recent legislation, 59 persons who were in the Republic were wanted for interview by the RUC.
Afforestation
13.
asked the Secretary of State for Northern Ireland what is the area of land that has been afforested in Northern Ireland; and what is the annual output of home-grown timber.
To date, the Department of Agriculture for Northern Ireland has acquired a total plantable area of 54,609 hectares, of which 49,218 hectares have been planted. Approximately 12,500 hectares of forestry are privately owned. Most of the plantations have not yet reached maturity, so output of timber is restricted. Over the past five years an average of 55,000 cubic metres of timber have been produced annually, but this figure is expected to increase to around 400,000 cubic metres by the end of the century.
How many jobs have been provided in Northern Ireland through the processing of home-grown timber? What increase in this employment, if any, is expected in future? Do adequate facilities for training in forestry techniques exist in Northern Ireland?
Approximately 600 persons are engaged in sawmilling, chipboard manufacture and the processing of homegrown timber. It is expected that by the end of the century, when plantations mature and timber output increases, about 4,000 jobs will be created. During the year ending March 1976 roughtly one-sixth of the Department of Agriculture's industrial labour force had specialist training.
Can the Minister say what attempt has been made to grow coppice timber in Northern Ireland, which is particularly suitable for that purpose, for use in the paper industry? It also has the advantage of being a much more frequently cropped timber than the usual slower-growing timber.
I cannot answer that without notice because I am not an expert on forestry in Northern Ireland. However, I shall write to the hon. Gentleman.
Political Honours (Scrutiny Committee)
Q1.
asked the Prime Minister if he will review the terms of reference of the Scrutiny Committee which examines proposals for political honours.
I have at present no changes to propose in the terms of reference of the Political Honours Scrutiny Committee. It is customary for the Committee to be reconstituted on the appointment of a new Prime Minister. The following members of the Privy Council have kindly agreed to serve: Lord Shackleton (Chairman), Lord Carr of Hadley and Lord Franks.
I thank the Prime Minister for that reply. In the case of life peerages, would these distinguished members of the Scrutiny Committee be able to inquire, in the nicest possible way, whether the person concerned was actually proposing to perform the duties that go with the honour? Is it not rather absurd that, whereas the voting strength of the Government in the other place has been about 90 lately, the right hon. Member for Huyton (Sir H. Wilson), alone and single handed, created 215 life peers?
It is not the responsibility of the Political Honours Scrutiny Committee to inquire whether those who are honoured in this way intend to attend regularly in another place, and indeed it should not be its responsibility. Its terms of reference are clearly laid out and do not embrace this matter. I am glad that the hon. Gentleman was not attacking the system of political honours, especially in view of the honour which he himself received in the resignation honours of the right hon. Member for Sidcup (Mr. Heath).
Do the Prime Minister and his predecessor, the right hon. Member for Huyton (Sir H. Wilson), agree with their predecessor Lord Melbourne, who said
"I like the Garter; there is no damned merit in it"?
There is a certain amount of truth in that, and I would not want to disagree with it. I am reminded of the Conservative Prime Minister, Mr. Disraeli—Lord Beaconsfield —who, I am told, when asked whether he could give someone an ivory pass to go through Horse Guards, said "No. You may have a dukedom but not an ivory pass."
While the Prime Minister will no doubt agree that the honours system has been abused in the past, will he also accept that it would be wrong to exclude from the honours list people who have given voluntary service—or, in some cases, professional service—to politics, and therefore to the maintenance of our democracy, while other people who support other worthy causes are automatically included?
Yes. I know that the hon. Gentleman's party has an interesting history on the matter of the abuse of political honours. As far as I am concerned, to judge from my correspondence from both sides of the House, the conferment of honours is something which gives a great deal of innocent pleasure and is felt to be a satisfying reward by many people who give a lot of voluntary service.
Hong Kong
Q2.
asked the Prime Minister if he will pay an official visit to Hong Kong.
I have at present no plans to do so.
Does my right hon. Friend agree that we still need to make progress in improving wages and labour conditions and in rooting out corrupt practices in both private and public organisations in Hong Kong? Will he take up the plans that he had as Foreign Secretary to visit the colony? Does he still hold the view that Britain has serious responsibilities towards Hong Kong, which we must do better at fulfilling, or does he agree with my hon. Friend the Member for Ilkeston (Mr. Fletcher) that the best course for Britain is for us to become a colony of Hong Kong?
I know my hon. Friend's interest in Hong Kong since his visit. That was intended as a compliment, if I may say so, and I want to congratulate him on the assiduity with which he follows up these matters. Indeed, if I may be quite serious, it is one of the advantages of hon. Members visiting such territories that there is a continuing interest that often lasts through the lifetime of a Member's membership of this House.
On the social and labour conditions in Hong Kong, I am told that the target is to achieve a level of legislation in social, labour and allied fields at least broadly equivalent to the best in neighbouring countries within the next five years. I am glad to inform the House that the Hong Kong Government intend to improve their legislation significantly this year in respect of five outstanding ILO conventions, and next year in respect of a further four conventions. I asked for the previous figures, and I am told that, in the previous three years, they had ratified only five conven- tions. I think, therefore, that the interest that my hon. Friend is taking—which I also took when I was Foreign Secretary —is bearing fruit.Meanwhile, would the Prime Minister care to put into perspective the relative average standard of living in Hong Kong as compared with the whole of the rest of Asia, with the possible exception of Singapore?
I would if I were given notice of the question, but I do not carry all those figures in my head.
Nedc, Cbi And Tuc
Q4.
asked the Prime Minister when he next intends to take the chair at the NEDC.
I refer my hon. Friend to the reply which my right hon. Friend the Lord President of the Council gave on my behalf to the hon. Member for Surrey, North-West (Mr. Grylls) on 30th November.
Does my right hon. Friend agree that in the very difficult economic decisions facing the Government the problem is how to restore confidence in sterling and to ensure a steady reduction in the public sector borrowing requirement without at the same time deflating further an already deflated economy? Would he also accept, however, that, whatever the difficulties of the decision, it is vital for this country that the right balance be struck?
My hon. Friend has stated in a most pithy form the problem that confronts not only the Government but the country—how to ensure as he properly says, that there is confidence overseas among holders of sterling without, at the same time, the country being driven into a downward spiral. That is a problem engaging the attention not only of the Cabinet but of many others, and I hope that we shall come up with the right solution as between those two elements.
How does the Prime Minister equate his encouragement to industry to invest with the fact that he is about to load upon industry an additional £1,000 million of payroll tax and when the minimum lending rate stands at a record level?
The hon. Gentleman is giving only a partial account of the liquidity and taxation position of industry. As I pointed out in my rather long, and perhaps, boring speech in reply to the Queen's Speech last Wednesday— [HON. MEMBERS: "NO."]—I thank the House. I paused slightly, hoping for that. I pointed out that there were many ways in which the Government had actively assisted liquidity and profitability in relation to the company sector, and it is our desire to continue to do so and it is clearly a great advantage to it that, in the present year, very few companies will be paying mainstream corporation tax. But that does not mean that that sector can be totally exempt from burdens. I know that the hon. Gentleman appreciates that.
Does not my right hon. Friend agree that there is no solution ahead for our massive unemployment situation in the absence of a substantial reduction in the working week? If that is the case, would my right hon. Friend give the House an assurance that, whatever he is now discussing with our creditors overseas, nothing will be said to prevent the steady reduction of the working week so that we can bring about job creation of the kind now demanded in our industry?
The problem of unemployment is clearly affected both by the recession in world trade, which has not yet been overcome, and by our own policies of trying to divert resources into exports and into investment first and restraining consumer demand. But I agree with my hon. Friend and believe—though not everyone accepts this—that there is a growing structural problem that affects not only this country but the whole of the Western world. When we are in the position, as I believe we shall be, that we are not asking for any additional support because we shall have a balance in our payments, that may well be the time when we shall have to turn to the kind of measures that my hon. Friend is suggesting, and other countries may find that they need to do the same.
May I return to the question asked by my hon. Friend the Member for Macclesfield (Mr. Winter- ton)? Would not the Prime Minister agree that recent levels of public expenditure have been an important reason for our poor industrial performance? If that is so, when does he propose to take steps to reduce them?
No, Sir, I do not think that the two have any relationship at all. The reason that companies do not invest are many and manifold, as was discovered by the right hon. Lady's predecessor when he made his famous lament to the Institute of Directors three or four years ago. I believe that the reasons go far beyond the level of the public sector borrowing requirement. I know that it is something on which attention is focused at the present time, but we seem to have a habit of singling out one item from our national economy and focusing on that to the exclusion of everything else. There are many elements which affect it.
But if the Prime Minister does not agree that there is any relation between the two, his Chief Secretary certainly does. I took some of the words from a speech he delivered last Friday which indicated that the Chief Secretary thought that the levels of public expenditure were an important reason for poor industrial performance. I thought, too, that the Prime Minister believed that industry should have absolute priority. Does he now go back on that too?
The right hon. Lady should not try to put words either into my mouth or into the Chief Secretary's. These quotations extracted from speeches must be looked at against their background. I feel that strongly because I sympathised so much with the right hon. Lady when the accent was drawn on the difference between, as I understand it, "I will never speak to the right hon. Member for Sidcup (Mr. Heath) again," and, "I will not speak to that man ever again." Of course there is a distinction when one considers these quotations. [Interruption.] I was just trying to get some counsel from my right hon. Friend the Leader of the House, who so devastated the right hon. Lady on Monday night. He tells me that I have nearly got the quotation right, just as the right hon. Lady nearly got the quotation right.
As for the general position on these matters, there is no doubt that the public sector borrowing requirement is one of the factors. It is also the case that we are giving major aid to our industrial strategy. That comes first and will continue to do so.Has the Prime Minister seen the comments of the Director-General of NEDO, following his report on the nationalised industries, to the effect that he knew that the way we run the industries was pretty bad, but that he had not realised that it was that bad? Does not the Prime Minister think that we ought to do something to improve the way in which we run our existing nationalised industries before we take on more?
No, Sir. I do not think that the last part of the hon. Gentleman's question applies, although it is true that we need constantly to be improving the performance of all our industry, not just the nationalised industries, but private industry as well. That is the Government's policy.
I agree with much of what my right hon. Friend has said, but would he not agree that one of the biggest charges on public expenditure today is unemployment benefit? Will he say what he is doing to ensure that investment takes place in labour-intensive industries rather than in capital-intensive industries in order to deal with unemployment? Investment and employment are not necessarily related.
There is no specific Government preference for labour-intensive industries as opposed to capital-intensive industries, although I agree with my hon. Friend—this is the burden of the previous question—that investment in capital-intensive industries does not necessarily produce more jobs. This is one of the problems that we have to face. Of course an increase in unemployment affects the public sector borrowing requirement and that is why we need both to overcome inflation and to get back to steady and sustainable growth.
Strangers (House Of Commons Facilities)
I have a brief statement to make.
On 29th July, the hon. Member for Keighley (Mr. Cryer) referred in a point of order to the access of Strangers to certain facilities of the House and asked in particular to what extent representatives of a public relations firm could use telephones or have access to the Terrace and the Strangers' Bar. He gave instances of what he regarded as abuse of Strangers' rights. This problem has since been considered by the Services Committee, and I have accepted its advice. I am satisfied that no changes are required in the rules regarding the access of Strangers to the Terrace and so on. There is, however, a growing problem of non-compliance with these rules, and the facts mentioned by the hon. Member for Keighley may have been examples of this. The Serjeant at Arms is, therefore, reminding all concerned of the rules and is taking steps to secure their enforcement. These measures include tighter control over the use by Strangers of the Terrace and Bar and a clearer identification of telephones which are only for the use of Members and the police. Whilst I am sure that the House will welcome these measures, a responsibility still rests on Members to ensure that their guests do not abuse their privileges; for example, by approaching and seeking to lobby other Members on the Terrace, and by entering the Strangers' Bar in more than the authorised numbers. I have therefore authorised the Serjeant at Arms to prepare a summary of the rules for the guidance of hon. Members, and trust that the problems of last summer will not be repeated.Business Of The House
May I ask the Leader of the House to state the business for next week?
Yes, Sir. The business for next week will be as follows:
MONDAY 6TH DECEMBER—Second Reading of the National Insurance Surcharge Bill.
Motion on EEC Document on water—R/2098/75.
TUESDAY 7TH DECEMBER—Committee stage of the Aircraft and Shipbuilding Industries Bill, which will be taken formally, followed by motions on suggested amendments to the Bill and Third Reading.
WEDNESDAY 8TH DECEMBER—Remaining stages of the National Insurance Surcharge Bill.
THURSDAY 9TH DECEMBER—Supply [1st Allotted Day]: debate on a motion to take note of the First to Sixth Reports in Session 1975–76 of the Committee of Public Accounts and the related departmental replies.
Motions on Northern Ireland Orders on Appropriation (No. 3) and Supplementary Benefits (Amendment).
FRIDAY 10TH DECEMBER—Remaining stages of the Fishery Limits Bill.
MONDAY 13TH DECEMBER—Progress on the Second Reading of the Scotland and Wales Bill.
Is the Lord President not aware that we think it an absolute disgrace to arrange for all the remaining stages of a big Bill, such as the National Insurance Surcharge Bill, within two days of Second Reading? This is a taxation measure which imposes nearly £1,000 million of taxation on our citizens and may affect many of them in other ways. The right hon. Gentleman is trying to railroad the measure through before they can know about it, before they know how it can affect them, or before they have any chance to make representations to Members whose job it is to scrutinise all taxation measures. Will he, therefore, take it off the list for Wednesday and allow a proper interval in which our citizens can make representations to their Members so that they may be properly represented?
I understand the right hon. Lady's representations on this subject. We looked at the matter and we are prepared to consider it afresh in the light of making a rearrangement of the business for next week—that is, proposing that the remaining stages should be taken on the Thursday rather than the Wednesday—but we cannot make any further suggestion than that for dealing with the situation. When hon. Members have had an opportunity of looking at the nature and scale of the Bill—I fully recognise that it is an important Bill—I think they will agree that there will have been time for constituents to make representations. I am sorry to reply to the right hon. Lady that, beyond the arrangements that we have suggested, I cannot see how we can change this proposal.
That just is not good enough. Three days are very little better than two for a taxation measure. The whole reason for our being here is to scrutinise taxation and to redress grievances. We must not impose measures without knowing exactly how they will affect our many constituents and organisations. There must be a respectable interval between Second Reading and remaining stages. It is a Money Bill I understand, Mr. Speaker, and therefore there is no possibility for revision in another place.
As I said to the right hon. Lady, I recognise the representations that she has made on the matter during previous discussions. We have looked at the possibility of rearranging the business for the following week in order to assist, but that also was not convenient to hon. Members opposite. Therefore, I fear that, in view of the discussions that we have already had, it will not be possible for us to make a fresh proposal for the business for next week.
As the Leader of the House has announced that the Second Reading debate on devolution will begin on Monday, can he tell the House how many days he proposes to devote to it, because many Members obviously wish to participate? Secondly, in order to accommodate the differing views of his hon. Friends as well as the differing views in the Opposition, would he care to test the opinion of the House by a free vote on the matter?
On the second question, what is done by other parties is entirely a matter for them. The Government do not regard the matter as one that would be subject to a free vote. This, of course, is a major issue which has figured in the election manifestos of the Labour Party and one which has always figured in our programme as a major measure, so I cannot make any suggestion of that kind.
As for the length of the debate, we had thought that a three-day debate would be a perfectly reasonable period for the discussion, but if representations for a longer period are made we shall certainly take them into consideration.May I raise the same point that the right hon. Lady the Leader of the Opposition raised in relation to next Wednesday's business? Is my right hon. Friend aware that before this measure is dealt with many of his hon. Friends wish to have a look at it to see what the effect on unemployment will be in the country as a whole. On that ground alone, will he consider giving more time for consideration and discussion before the debate on Wednesday?
I apologise to my hon. Friend if I have mistaken what he said. I am not sure whether he was referring to the National Insurance Surcharge Bill or to the Social Security (Miscellaneous Provisions) Bill. If it were the former, the proposal has been before the country for a considerable time and there has been considerable opportunity for discussions to take place about it. Therefore, I think that what the Government are proposing is reasonable. We have to get the measure through, and I think that we shall have to proceed along the lines that we have suggested.
With regard to the Northern Ireland business on Thursday, may I ask the right hon. Gentleman two questions? First, will he make the usual arrangements for an extension of time in respect of the Appropriation Order, which is clearly of special importance? Secondly, is he aware that it should be possible on the same evening, with a little extra time, to deal with the Noxious Weeds Order if the Government will put that down, or put them down?
I am always eager to deal with noxious weeds as speedily as we can. I shall consider the right hon. Gentleman's suggestion in that light. I am most grateful to him for his other suggestion about looking at how we may order the debate. If extra time is wanted by Members from Northern Ireland in the way in which we have previously arranged—it has worked successfully before—we shall be glad to offer that.
Do the Government intend this year to introduce an import duties order, which is also taxation, to raise import taxes on food on 1st January? If so, may we be assured that there will be time to debate it fully before it comes into force?
It is certainly not going to be debated next week, but there may be opportunities for the matter to be raised. I know that my right hon. Friend has always played a special part in previous discussions on these import duties, and I am sure that he will be looking for similar opportunities on this occasion.
First, is the Leader of the House aware that the arrangements that he has now made for a debate on the Public Accounts Committee's Reports will be very much welcomed? It is necessary that the hard work of Members on both sides on Select Committees should be refreshed from time to time, and as frequently as possible, by the opportunity for full discussion of their reports in this Chamber.
Secondly, can the right hon. Gentleman tell us when we are to have a statement on the economy by the Chancellor of the Exchequer? Will the Leader of the House give an undertaking that following the statement, which presumably will come some time after 9th December, we shall have a full opportunity for debate?I cannot say yet on which day the Chancellor will make his statement on those subjects. We shall have to await the statement to see whether a debate should take place at that time or later.
On the first matter, I am most grateful for the right hon. Gentleman's comments. We have always understood that time has to be provided. He has often raised this matter, and we are glad to make the time available in response to the representations that we have had from him and others.With regard to the National Insurance Surcharge Bill, am I right in saying that this is the Bill which implements what was said by, I think, the Chancellor last July? If so, what is all this hoo-ha about delay?
That seems a very simple way of disposing of the matter. I was trying to deal with it more delicately, but I thank my right hon. Friend for his assistance.
In order to correct any misapprehension about what I said in reply to a previous question, it is the fact that, with regard to the actual time that is being made available on Thursday for the discussion, we have been greatly assisted by the offer of a day from the Opposition. I should be the last to be churlish on that account.Can the Leader of the House tell us whether, as he recently made two tentative attempts to have such a debate, he has a date in mind for the debate on transport?
We made a day available for that debate, and but for the events that occurred it would have taken place. Events outside our control truncated proceedings that day and made it impossible, which was greatly to be deplored. I know that several of my hon. Friends and hon. Members in other parts of the House wish to have a general debate on transport. I cannot give any promise at the moment, but I shall certainly consider these representations.
I remind the Lord President that unless he changes the rules Christmas Day will fall as usual on 25th December. Therefore, does he think it possible to look a little further ahead than he usually does and tell us when the House will go into recess and when we shall return after Christmas? That would be for the convenience of all Members of the House.
Secondly—[HON. MEMBERS: "Hear, hear".]—when the rabble has quietened down, can the right hon. Gentleman say whether he has yet found a precedent for compressing all the stages of a major taxation Bill in the way that he is proposing for next week?With regard to the proposals for the discussion next week, I think that I dealt with that in my previous replies. The Government made these announcements some time ago, as my right hon. Friend the Member for Bermondsey (Mr. Mellish) indicated. There has been considerable discussion on this matter. I fully acknowledge that the Opposition would wish to have more time, and so might others, but we have to take into account the requirements of the Government in getting their business through. I am sure that that is understood by all hon. Members.
As for the hon. Gentleman's request for an indication of when we shall rise for the Christmas Recess, I am sorry that I cannot give it, but I assure him that no Member of this House is more eager than I am for that day to come because I shall be able to have a few days when I do not have to gaze upon the hon. Gentleman's visage.Are we to have a statement from the Secretary of State for Trade about the financial dealings of Sir Hugh Fraser, who, at a time when we are all being told to pull in our belts, and at a time when the Government are reluctant to introduce a wealth tax, can afford to fiddle away over £2 million in gambling debts and heaven knows how much in financial aid to the SNP?
I am sure that my right hon. Friend the Secretary of State for Trade will take into account all the points that my hon. Friend has put so eloquently.
Did I understand the right hon. Gentleman to endorse the phrase of his right hon. Friend the Member for Bermondsey (Mr. Mellish) that the complaints about the programme for the National Insurance Surcharge Bill were all hoo-ha? Does he think it is hoo-ha when the printed Bill was not available to hon. Members until this morning and is to be brought in on Monday, with the remaining stages being completed two days later? Does he not think that that is a contempt of the rights of Members of the House, of the conventions of the House, and of responsible parliamentary Government?
I was very careful not to endorse the particular phrase used by my right hon. Friend. I merely expressed some element of gratitude for the general sense of what he was seeking to convey. I agree with what the right hon. Gentleman has said. Of course it is highly necessary that papers should be provided for the House at the proper time and that time should be provided for the House to discuss these matters. We took all these matters into account when we made these arrangements.
These proposals have been before the country for a considerable time. I accept that there is some inconvenience for the House in having this debate on Wednesday—I am not seeking to disguise that—but I think that these are matters that we have stressed in our discussions with the usual channels, and I think that our case, as well as theirs, on the subject is appreciated.The Leader of the House must take this more seriously. Does he not appreciate that the Bill seeks to impose a load of taxation larger than that imposed in many previous Budgets, and that it was only when the Bill was published yesterday that we saw, for example, that, in contrast to the selective employment tax, the Government are seeking to impose this tax on jobs-not just on all jobs but even on the employment of people employed by charities and Churches? This is a major departure about which those organisations and others will wish to make representations. It is intolerable to bring in this kind of measure at such short notice to the House and to the country.
Of course it is necessary and right that organisations throughout the country should have an opportunity of making their representations, but this is a very short Bill, and we offered a rearrangement of business that could have assisted. [HON. MEMBERS: "No".] We made an offer which we thought was reasonable, but for perfectly valid reasons the Opposition did not prefer that rearrangement. I think, therefore, that I must ask the House to proceed to discuss the Bill as arranged.
May we have a debate on North-Western affairs? May I assure my right hon. Friend that while we are all very grateful for his efforts in arranging the last North-West affairs debate which, unfortunately, was shortened from its proposed extended period, we in the North-West feel that we should have this debate on the Floor of the House? Is my right hon. Friend aware of the feeling that if we take these debates upstairs in Committee they have been devalued? That sense of anger will grow, especially if we are to spend so many days discussing the devolution Bill without giving necessary attention to the affairs of a region with 7 million people.
I hope that my hon. Friend will not advance the proposition that, because we proposed that this debate should take place in the Committee upstairs, we were devaluing it in any way. We were not seeking to do that. We believe that important debates on regional matters can be held in those Committees and we shall need to do this if we are to have a proper discussion on these matters. I cannot offer the opportunity of an early debate in the House on the subject although, of course, there may be opportunities when the general subject can be raised. But if my hon. Friends wish for another debate in Committee, we shall of course look at that. If they want to debate the matter on the Floor of the House, we shall have to wait longer.
Does the Leader of the House realise—I feel sure that he does—that he has not satisfied us about next Wednesday's business? Whatever the complications about delaying the remaining stages for one day or into the following week, there is no need for it to be taken that quickly. The Bill was published only yesterday, and if his plans were adhered to, the whole measure would be disposed of in the House within one week. That is totally unsatisfactory when dealing with a major matter of legislation, even if the Bill happens to be particularly short. Cannot the right hon. Gentleman send it upstairs to a Standing Committee as we do with the Finance Bill? That is one possibility.
If the right hon. Gentleman is wondering what to do about next Wednesday, why does he not take off the remaining stages and put on instead a debate on one of the numerous reports about which the House constantly asks for debates? Will the right hon. Gentleman also be sure that next week he will be able to say something positive about the handling of the reports to this House by the Chancellor of the Exchequer on the IMF loan and the Letter of Intent, so that the House can weigh up how—not in the following week because of the devolution Bill, but in the week after that—it might be appropriate and right to hold a debate on what is clearly a very important matter at this stage in our country's economic affairs?I shall consider what the right hon. Gentleman said about a statement on the discussions with the IMF and what may follow and what discussions are to take place in the House.
With regard to his first question, I cannot give an undertaking to alter what we have now proposed. We have already had considerable discussions on this subject, and I cannot promise to alter what we have proposed. I shall look at the right hon. Gentleman's suggestions. We made proposals to the Opposition on this matter, as the right hon. Gentleman will acknowledge, but I can give no undertaking that we shall change next week's business because we must get this business through and we have only a short time in which to do it.May I return to the question of devolution and ask my right hon. Friend how many days we are likely to have to discuss the devolution Bill? Is my right hon. Friend also aware that, irrespective whether the Government or the Opposition put on a three-line Whip, there are Members on both sides of the House who will not worry about three-line Whips on this fundamental question of the constitution? Is it my right hon. Friend's intention to say that we must be bound totally by the manifesto on the question, for example, of direct elections which does not appear in the manifesto and on which there is a Labour Party conference resolution contrary to what the Government are proposing?
The question of direct elections is governed by the decision made in the referendum, the result of which was accepted by the House. How far and how speedily we shall be able to proceed in the matter is another question.
I am surprised that my hon. Friend has questioned the reference in the manifesto to devolution. There is no doubt about the Government's commitment on this matter and we shall provide the usual advice to hon. Members with a three-line Whip on that subject. Hon. Members in all parts of the House have to decide how much accord or agreement they may have with three-line Whips. That is for their individual judgment. This is certainly a Government measure and the Government believe that it is essential, in the interests of the United Kingdom as a whole, that it should go through in this Session. But we also believe that adequate time must be provided for its discussion, and we propose to provide the time to get it through successfully in this Session.May I ask the Leader of the House about the sound broadcasting of our proceedings? In particular, is he aware that, on the information we have been given so far, the cost could be nearly £1 million in the first year? While I appreciate the pressure on parliamentary time, could he give an assurance that, if a Joint Committee is to be established, there will be ample time for its recommendations to be considered by the House, particularly with regard to the cost and the timing of its proposals?
The hon. Gentleman has pressed his view since this matter appeared on the Order Paper, as he is entitled to do. Presumably he is seeking a debate on the question of reappointing the Joint Committee. He might consider whether it would not be better to use any debating opportunities to consider any recommendations that the Joint Committee may make. I hope that on that basis he will let the Joint Committee proceed to its discussions and they we shall have a debate when it returns to the House.
rose——
I propose to call two more questions from either side of the House.
Will the Leader of the House give consideration to, and perhaps comment on next week, the ringing declaration of Shetland, which has pronounced its allegiance to this Parliament and to the United Kingdom? Clearly, it is going to be a major problem for consideration by this side of the House. Above all, Shetland's forthright and generous statement that the revenues from oil found in Shetland waters belongs to and should be used in the interests of the United Kingdom as a whole clearly creates a major problem, since it destroys the entire basis of the Scottish National Party's argument.
I agree with my hon. Friend. I believe that the statement made on behalf of the people of the Shetland Islands is very important. This House must take it into account. Indeed, the Government has taken into account such considerations in the form in which we have presented the devolution Bill to the House and to the country. We believe, of course, that the United Kingdom must be kept united for, among other reasons, the full exploitation of the great oil resources for the interests of the country as a whole.
Has the attention of the Leader of the House been drawn to Early-Day Motion No. 26, which deals with the desirability of proportional representation in the election of the Assemblies of Scotland and Wales? Has he, in particular, noted the very wide spectrum of opinion which has supported that motion? In view of that, will he, in this regard at least, come out for a free vote of the House?
[ That this House, recalling the unanimous recommendation of the Kilbrandon Commission that Scottish and Welsh Assemblies should be elected by a system of proportional representation, urges Her Majesty's Government to make provision for such a system in the Devolution Bill.]
This is a matter for debate when we come to the Bill, and we shall come to the Bill fairly soon. Let us debate the matter then and see what is to happen. I am not referring to this matter alone. Of course it is the Government who are presenting the Bill to the House, but we fully recognise that there is bound to be consideration in the House and perhaps alteration to the Bill as it proceeds. That is only natural. We certainly do not intend to ram the Bill through the House without a single amendment, as was done on the last constitutional Bill, which dealt with the Common Market.
As my right hon. Friend recognises the wide variation of views in the House on the devolution Bill, will he take into account the fact that, on a major constitutional issue of this kind, with the best will in the world brevity cannot be too brief and hon. Members will need a reasonable opportunity to make their speeches? Will he therefore either look again at the number of days to be allocated to the Bill or consider extending the time limits, or indeed do both? Finally, will he resist the temptation whenever we have a devolution debate to have Front Bench opening and closing speeches, since that would decimate the time available to Back-Bench Members?
My hon. Friend refers not to the general debates on the Bill but to debates in the week after next on the Second Reading of the Bill. I shall certainly take into account the representations he has made on all those matters, on which I am sure he speaks for many others besides himself.
Is the Lord President aware that some of the Government's policies for financing sport and recreation were clean bowled yesterday by the Royal Commission Report? Is he also aware that the Government White Paper on sport and recreation was introduced 15 months ago? When are we to have a debate on these two reports in Government time?
It so happens that I was not aware of any of the facts that the hon. Gentleman has mentioned. I have now been enlightened on them—that is, assuming that the hon. Gentleman's information is correct—and I shall certainly take into account what he has said and have a look at it to see what is the best way to deal with the matter.
On a point of order, Mr. Speaker. May I put it to you that the House has not been left exactly satisfied by what the Leader of the House has said on the subject of the National Insurance Surcharge Bill. Although we must, of course, take in good faith his undertaking to look at the matter, we would expect him to give us now an undertaking to come back to make a Business Statement tomorrow if he has something to tell us.
Order. The hon. Gentleman is asking a question.
Further to that point of order—
I did not consider it really a point of order. I thought that it was a question addressed to the Leader of the House.
I apologise, Mr. Speaker, for expressing myself so maladroitly. I was seeking to put it to you that it would be for the convenience of the House, which is, I think, possibly a matter in which you are interested, if we could secure some understanding as to how this matter is proceeded with. At the moment, next week's business is in a state of indecision.
Answer.
I am about to do so. Obviously, that is not in my hands. The business of the House is announced from the Front Bench.
Ballot For Notices Of Motions For Monday 20Th December
Members successful in the Ballot were:
- Mr. Ian Stewart
- Mr. Stephen Ross
- Mr. Michael Hamilton.
Statutory Instruments, &C
In order to save the time of the House, unless there is objection, I propose to put the Question on the two motions relating to Statutory Instruments together.
Ordered,
That the Compensation for Limitation of Prices (Gas) Order (Northern Ireland) 1976 (S.R. & 0. (NI), 1976 No. 308) be referred to a Standing Committee on Statutory Instruments, &c.
That the draft Capital Transfer Tax (Relief for Agricultural Property) (Northern Ireland) Order 1976 be referred to a Standing Committee on Statutory Instruments, &c.—[Mr. Ashton.]
Orders Of The Day
Social Security (Miscellaneous Provisions) Bill
Order for Second Reading read.
May I inform the House that I have selected the amendment in the names of the Leader of the Liberal Party and his colleagues?
4.3 p.m.
I beg to move, That the Bill be now read a Second time.
This measure deals with a wide range of issues in the sphere of social benefits. Some clauses are designed to improve or simplify the operations of some of the major achievements of this Government —the Social Security Pensions Act, the new range of benefits for the disabled, and the child benefit scheme. These changes are detailed, and so far as I know they are non-controversial. Nevertheless, they are adjustments in the law which need to be made if our social security schemes are to work effectively. I do not propose to detain the House this afternoon by going into these technical clauses, although they constitute the bulk of the Bill; we shall of course be debating them in Standing Committee. Apart from the technical provisions, the Bill has four main purposes. I want to deal with each of these in turn, taking, first, the change which the Bill proposes in the earnings rule; secondly, the proposals relating to student support; thirdly, those which concern occupational pensioners' unemployment benefit; and, finally, the improvements in relation to the provisions for mobility and in some other spheres. I shall ask the indulgence of the House if I take a little time over this, because they are important measures. Before turning to each of these four sets of proposals, let me make a general point. In the present economic situation it is surely common sense for the Government to consider where savings can be made in the social security budget by removing or diminishing the title to benefit of people who have adequate financial provision from another source. The uprating of benefits which became operative a fortnight ago was, in the Government's view, right and it was something of which we are proud. We shall go on protecting those who depend on the benefits of our social security schemes. But the reverse side of this medal is that we should take action to ensure that benefits are not made available where the need for them and the justification for them is manifestly not established. Clauses 4, 5 and 13 of the Bill will between them produce a saving in public expenditure in a full year of about £75 million. That is the central theme and motive of the Bill. I turn first to the earnings rule, which is dealt with in Clause 5 and parts also of Clause 6. As the House will know, the retirement pensions which the National Insurance Scheme provides for men under 70 and women under 65 are not unconditional. They can be drawn only if the person concerned has retired. Once he or she has retired, retirement pensions are subject to reduction if the pensioner returns to work and has substantial earnings. This has been the situation ever since the post-war Government accepted the Beveridge recommendation that there should be a retirement pension, rather than an old-age pension payable at a fixed age. I accept that the change from an old-age pension to one conditional on retirement has never been fully accepted by the public. Indeed, there would be advantages in terms of simplifying our pension scheme and reducing the costs of its administration if the retirement condition could be abolished completely. In the long term, this is not an option which the Government would want to rule out. But, in the immediate future, the cost of paying pensions to every contributor at 65 or 60, even if they remained in full-time work, is beyond anything that we could reasonably afford. Indeed, it would cost a very great deal, and, as I have said this Bill is essentially about saving money. We must proceed on the basis that for the time being the retirement condition remains. But if we are to operate a retirement condition in a sensible way we must have some sort of relatively simple test to distinguish those who can be treated as retired from those who cannot. Earnings offer a straightforward yardstick to apply. It is a matter of judgment where the dividing line should be drawn, but the Government would certainly argue that the present earnings limit of £35 a week, which came into operation this year and which then represented about 55 per cent. of average male earnings and over 95 per cent. of average female earnings, gets the answer about right. A pensioner can earn up to £35 a week and still be accepted as retired, and is eligible to draw his full pension. That means that it is open to him to do a good deal of part-time work—and in some cases full-time work—while still satisfying the retirement condition. Those who are debarred from drawing their pensions by the £35 limit will largely be people who have never retired in any true sense.I have listened with great interest to the right hon. Gentleman's remarks about the problem of drawing lines. Is there not one line that can clearly be drawn, namely, between those who are compulsorily retired, for example, from the public service, and others who are not compulsorily retired? Why does he not accept that line? The police service would be a good example.
That is a quite different point, which I do not want to deal with at the moment. That matter conies later in my statement. The hon. Gentleman cannot have been listening to what I was saying. I am dealing now with the earnings rule, not with occupational pensioners.
The present law requires that the £35 limit shall be replaced next April by one of £50 a week. This flows from a decision taken by the House almost two years ago, in the proceedings on what became known as the Social Security Benefits Act 1975. I know that some of my hon. Friends, especially those who, by their votes, carried the relaxation phasing vote in January this year, are unhappy that the Government are now seeking to alter that decision taken by the House. I can assure them that only the specially difficult financial situation we now face—considerably more difficult than it was in January 1975—has led the Government to ask the House to change what was then decided. Our attitude to the earnings rule has not changed since my hon. Friend the present Financial Secretary said at the conclusion of the debate on 29th January 1975:"Both the Chancellor and I accept the case for phasing out…. We recognise the need to continue this progress over the forthcoming years until the earnings rule is removed."— [Official Report, 29th January 1975; Vol. 885, c. 523-4.]
On the matter of the occupational pension, is my right hon. Friend aware—he surely must be—that when an attempt was made to alter this principle of the right to unemployment benefit it was fought very bitterly by the Labour Party when in opposition?
Will my hon. Friend be patient? I have not reached that issue yet. I promise the hon. Member for Bury St. Edmunds (Mr. Griffiths) and my hon. Friend that I shall deal thoroughly with the matter. Perhaps they will be patient, and perhaps it would be better if I were a little less patient in giving way to interventions, even though they are honestly intended. I am sure that some of my hon. Friends who were very doubtful about our decision to return to the House on the issue will be relieved at the statement I have just made concerning the Government's intentions.
Meanwhile, however, our proposal to keep the figure at £35 will mean that the cost of pensions will be substantially less in 1977–78 than if we allowed the £50 limit to come into force. The change will affect only a handful of existing pensioners; the savings will come very largely because we shall not have to make any new awards of pension to people who are earning £40, £45 or £50 a week and are at present deferring their retirement. However, of course, the story does not end there. As I have said, the £35 limit, taken as a proportion of average earnings, can fairly be said to represent a level at which earnings are consistent with retirement. If the earnings limit is to be determined on this basis, it would not be logical if it failed to rise as earnings do, and it is for such a rise that Clause 6 makes provision. As from the general uprating of benefits which will take place next year, the earnings limit will be one of the figures which the Secretary of State is bound by law to review and to raise in line with the general movement of earnings. So we have not set a figure that is now immutable. If these measures were not carried, the cost of raising the limit next April from £35 to £50—about £45 million—would have to be borne by contributors and taxpayers in general. Extra retirement pensions for 35,000 people, 15,000 of them married men, would cost £40 million before tax. A further £15 million would be spent on the higher benefits, which retirement and invalidity pensioners, and certain other long-term beneficiaries, can draw for their dependent wives. In addition £5 million in contributions would be lost. Against this gross total cost of £60 million, the Government Actuary estimates that £15 million would be obtainable in increased tax revenue. This gives the net figure of £45 million which I have mentioned, and which is the sum that we must save. One reason for giving the detailed figures was that I knew that the right hon. Member for Wanstead and Woodford (Mr. Jenkin) questioned the figures on Thursday. Any points that he raises in his speech, which follows mine, will be dealt with by my right hon. Friend the Minister for Social Security in replying to the debate. I believe that this is a sensible economy which will be justified in the light of the current economic situation.The figure of £60 million in the Financial Memorandum to the Bill is a gross figure.
That is right. It is a gross figure. The figure of £45 million is the net figure.
I come now to the question of students and the proposal in Clause 13 to remove their entitlement to supplementary benefit in the Christmas and Easter vacations. In practice, this will not make any material difference to the majority of students, as I shall explain. At present, students can qualify for supplementary benefit during the vacations, provided they register for work. For the current academic year, their maintenance grants include a vacation element of an increased amount of £11·35 per week for the Christmas and Easter vacations, which is enough to cover their requirements by supplementary benefit standards if they are staying with parents or relatives. Only a minority, living as householders with continuing rent commitments or other special needs, will get benefit. For the long summer break, there is no vacation element in the grant, and more students will receive benefit, although many will no doubt get temporary jobs. The Government agree with the views of the Supplementary Benefits Commission that supplementary benefit is not, in principle, the appropriate forum for students to look to for their maintenance. The proposal in the Bill is to place on a permanent and statutory basis what we consider to be sensible arrangements for students. These are, broadly, that, subject to a hardship scheme, which is to be introduced to cover contingencies such as students who have inescapable rent commitments and other hardships, supplementary benefit will not be paid during the Christmas and Easter vacations. During these times students must look to their recently-increased maintenance grants.Is this hardship provision to be at a lower level or with more stringent conditions than the Supplementary Benefits Commission's means test? If it is to be similar, why do we need two identical but separate schemes?
We shall be working out the nature of the hardship scheme, and discussions are now taking place with my right hon. Friend the Secretary of State for Education and Science. I cannot give details of the criteria now, but we felt that if we were to make any change—this proposal involves only £1 million—we should have a hardship scheme.
Is my hon. Friend aware that this scheme continues the fictional assumption that parents who are assessed as making a parental contribution actually make it? Is he also aware that three-quarters of such parents do not make a contribution towards a student's upkeep?
My hon. Friend's point is valid, but it emphasises the fact that it is not the task of the Supplementary Benefits Commission or unemployment benefit to deal with the question of student maintenance during short vacations. As for long vacations when students are genuinely available for work, we are dealing with a different situation, and, as my hon. Friend knows, it is not the intention of the Government to legislate in this respect.
rose—
I have much to deal with and I have given way many times. Nevertheless, I give way.
I am very much obliged to my right hon. Friend. What he says is puzzling. Some hon. Members are trying to follow what he is proposing in order to decide what we shall be doing at the end of the day, and I am therefore grateful to him for giving way. He said that it is not the business of the scheme to do such things. I have always understood that it is the business of the scheme to ensure that nobody who falls below the safety net—to use the shorthand term—for whatever reason, is not raised to that level. A student with children or other dependants or who has rent to pay will fall below the safety net level.
I return to the point made by my hon. Friend the Member for Coventry, South-West (Mrs. Wise). If the new scheme provides the same amount of money for the same needs, there is no point in it. If it provides less, or anything different, it violates the principle of the universality of the safety net.I shall ask my right hon. Friend to deal in greater detail with the points made, including those made by my hon. Friend. I made it clear that there would be a hardship fund and that the sort of thing with which it would be concerned would be precisely the sort of matters that my hon. Friends have raised, namely, rent commitments during the short vacations. It would be wrong to make a change, because, after all, it is a change both in supplementary benefit, which requires legislation, and in unemployment benefit, which does not require legislation but will be dealt with by regulation in due course. But the principles here are the same. We felt it right that there should be a hard ship fund to ensure that no one would be in hardship as a result of this arrangement. I am saying, therefore, that other of these points will be dealt with thoroughly by my right hon. Friend when he replies to the debate.
There is no question, as some Press comments have suggested, of this arrangement becoming operative immediately. Some people have thought that it would come into operation before Christmas. The intention is that, subject to the Bill's becoming law, it should operate from the academic year 1977–78—that is, with the Christmas vacation of 1977 being the first affected. Certainly there is no question that, as the NUS National Secretary was reported last week as saying in The Times,What is involved here is a sensible realignment of sources for student support, subject to hardship provision, which I believe is thoroughly justified on merits, and which in no sense represents any unfair picking on any students. Apart from the financial savings, it will relieve much of the pressure upon local offices of my Department, the Department of Employment, and the Employment Service Agency, which, in recent years—but only very recently—have had to deal with an increasing number of claims concentrated around the Christmas and Easter holidays. We have to recognise that this is an entirely new feature, which has arisen only in very recent times.he result will be that thousands will have to leave their courses."
On the Government side of the House there is great interest in the hardship fund. Does my right hon. Friend realise that an increasing number of students are not the 18-year-olds who are generally thought of as students but mature people with families, who have paid as much in contributions as anybody else in the country, and that the hardship fund will need to be considerably enhanced if it is to satisfy hon. Members on this side?
On a point of order, Mr. Deputy Speaker. Is it possible for the debate to be adjourned until a Minister from the Department of Education and Science can be present on the Front Bench, or, alternatively, for a message to be sent that a Minister from that Department is required here? It is clear that my right hon. Friend will not be able to answer the points made about students.
I indicated to my hon. Friends that this was an issue that would be dealt with in much greater detail by my right hon. Friend in winding up the debate. I know that he will seek to satisfy the concern that has been expressed.
I am anxious to come to another contentious issue, namely, unemployment benefit for occupational pensioners. This must be the main substance of my speech, because a good deal of concern has already been expressed about it. It is highly controversial and, as my hon. Friend said, it is an issue that has been under debate for many years. I start with the advantage—some would say disadvantage—of having first raised the issue when I was Minister of State in this Department and made an announcement of Government intentions in 1969. I told the House on 15th December of that year of the decision that the Labour Government of that day had reached. The story goes back much further than that, because it was the Minister of Pensions and National Insurance—Peggy Herbison, back in 1966 —who first referred the issue to the National Insurance Advisory Committee. She did so because even then there was public concern, summed up in the feeling that unemployment benefit was never intended to be paid to people who had basically retired from work, and had done so on a substantial occupational pension. The National Insurance Advisory Committee considered the matter for nearly two years and reported in January 1968 to my right hon. Friend the Member for Lanark (Mrs. Hart), who had by then taken over as Minister of Pensions and National Insurance. In its report, Cmnd. 3545, the Advisory Committee agreed that there was a serious misuse of the national insurance scheme in the existing provisions, and they made recommendations to deal with it. The Advisory Committee concluded that there was no satisfactory way of tightening up the availability condition and that more positive measures were needed. Accordingly, it proposed restrictions on the unemployment benefit of occupational pensioners, on a sliding scale starting at £5 a week. We introduced—I was then Minister—a number of easements into the Committee's recommendations and sought to take action by regulations. However, the 1970 General Election intervened before the regulations, which were subject to the affirmative resolution procedure, could be debated. At that point, therefore, hon. and right hon. Gentlemen on the Opposition Benches, having assumed responsibility in government, accepted the principle of my proposal and included it in their National Insurance Bill in May 1971. What happened next will probably be within the recollection of a good many hon. Members. When the relevant clause was debated in committee upstairs, my right hon. Friend the Secretary of State for Education and Science and Paymaster General, who was leading for us in the Standing Committee, moved an amendment, which was carried against the Conservative Government as the result of the abstention of five hon. Members on the then Government side of the Committee. I have gone into the history of this matter at some length, because it puts into perspective how it comes about that now, five and a half years later—in fact, almost 10 years after the issue was referred to NIAC—I am presenting a legislative proposal on it to the House. Three points seem to me to stand out The first is that over many years there has been repeated concern on this issue of the payment of unemployment benefit to occupational pensioners and, what is more, common concern by Governments of both parties to deal with it. Secondly, the approach has been one of gradually easing the restrictions making the application easier and simpler in order to achieve a necessary saving and to ensure that they did not bite unduly hard on those affected. I shall have more to say on this later. Thirdly, what I think is now clear in a way that perhaps it was not five years ago is that this is not a problem to which the answer can lie by way of any amplification of the availability test, nice as that would be in theory and as it has been argued progressively by speakers on both sides of the House. Availability for work is, in a sense, an attitude of mind. It can be determined only by offering a person a job and seeing whether he accepts it. But job opportunities for elderly workers are very scarce, particularly in the rural and coastal areas to which many occupational pensioners retire and, in present employment conditions even more than at other times, it would be in practice just not on to test their availability by the offer of a job. In fact, the advisory committee reached the same conclusion in 1968, when employment conditions were very much better than they are now. What I am saying to the House is that the arguments for a change in this matter were strong in 1968–69. They were considered even stronger in 1971 and I believe that they are stronger still today. The need for restraint in Government expenditure is greater than ever. In addition, there is a need which we have to recognise that we must ensure that public funds are properly spent and that there is no misuse or abuse of public funds.If there has been public concern over these years, so much so that it resulted in all this effort coming to naught as a result of its being presented to the House of Commons—in other words, getting nowhere—why is it that the level of £25 is not even equitable to the £18 the last time it was thrown out? On the subject of availability for work, did my right hon. Friend say something entirely opposite to what he is saying now when we had the argument about the Spanish holiday fiasco? Will he also accept that occupational pensions are deferred pay?
I want to come to the argument about deferred pay. Of course, there will always be opposition to any legislation that seeks to take away anything that anyone now considers to be an absolute right. No one can ever expect that there will be support for it. I think that it is time the nettle was grasped. This view has been held on both sides and it is time that we took some action about it.
The Minister says that he is concerned about the level of public expenditure. In that case, why will he not introduce legislation to restrict supplementary benefits to unemployed school leavers who have not paid a penny into the National Insurance Fund? There are a thousand and one jobs that they could do in the community.
There is a whole range of reactionary proposals which could come from hon. Members opposite. In fact, I am surprised that the hon. Member for Aberdeen, South (Mr. Sproat) is not here with some of his proposals to deal with the situation. I am dealing with people who can afford to face whatever difficulties may follow from this legislation.
I ask the House to treat this matter very seriously. I honestly believe that there are times when things like this bring the House into disrepute—[Interruption.] —times when the Opposition say one thing in government and something quite different when they are out of office. I believe that we must face these problems of public expenditure, and that this is one field in which we can face them. It is appropriate that we should look very closely at the actual measure that I am bringing forward. The benefit that I am restricting is unemployment benefit, which, at any one stretch, can last only for a maximum of one year. Some hon. Members have argued that we are taking away the right for five years between the ages of 60 and 65. But unemployment benefit is limited to 312 days, and there is no question of its lasting for the whole period between 60 and 65. The relevant provisions of Clause 6 provide that the level of £25 for occupational pensions, at which unemployment benefit would start to be reduced, should be reviewed and uprated, in line with earnings, as part of the general annual review of benefits from and including the review in 1978. This will be done in the same way as the earnings rule is reviewed and changed. How will occupational pensioners be affected by this? Here again, I think there has been a misunderstanding in some quarters. The proposals relate only to occupational pensioners aged 60 and over. Their unemployment benefit will be reduced by 5p for every 5p for which their occupational pension exceeds £25 on a sliding scale. Thus, with an occupational pension under £25 there would be no effect. With an occupational pension of £30, the unemployment benefit payable—I am now referring to a married man with the full entitlement to flat-rate benefit and maximum earnings-related supplement at 1977 rates—will still be £28·08. With a pension of £40 it will be £18·08 and with a pension of £50 it will be £8·08. Only where the occupational pension is £58·10 or more a week will the unemployment benefit for a married man become totally extinguished. The Liberal amendment refers to increasing hardship for a disadvantaged section of society, but here we are talking about a married man who will be getting a degree of unemployment benefit even if he has a pension well over £50. For a single man the corresponding figure is £50·10. These figures make it clear that there is no question of hardship.There is just one point here which has not emerged from the Secretary of State's explanation. If, on the sliding scale, a man gets an increase in his occupational pension and loses his unemployment benefit, he will be actually worse off in the end, because the increase in his occupational pension is taxed but his unemployment benefit is not.
That situation is in no way changed as a result of this legislation. Occupational pensions have always been taxed, and short-term unemployment benefit is not taxed. The legislation in no way changes that.
Let us get this straight. At the moment, if someone gets an increase in his occupational pension he keeps his unemployment benefit and therefore he is not actually worse off. In future, he will lose any unemployment benefit. What he gains in his occupational pension will be taxed, but the unemployment benefit which he loses is not taxed, so he will be actually worse off. Will the Secretary of State confirm categorically that the situation described by the right hon. Gentleman is correct, and that a man will be worse off in the situation that has been described?
I do not want to get my words wrong in any way. I shall ask my right hon. Friend to deal with this matter when he winds up. That is the purpose of having a right hon. Friend to wind up the debate.
I now deal with those who will be affected by this measure. All told, there are in this country about 2·7 million occupational pensioners, men and women, at all ages over 60. Of these, we estimate that about 70,000 may be registered as unemployed in 1977. Of these about 40,000 are likely to be receiving unemployment benefit. We estimate that about 16,000, or 40 per cent., are likely to be affected by the provisions in the Bill because their occupational pensions exceed £25. That means that 16,000 will be affected, out of a total of 2·7 million over 60. Who will these 16,000 people be? [AN HON. MEMBER: "Hospital porters."] Not at all. The majority are likely to be those in some form or other of the public sector. I know that there is concern about Post Office workers. I checked with the Post Office, and it confirms that the average pension for monthly-paid former employees is about £21 per week. For weekly-paid former employees it is about £11·50. Therefore, one can see that the majority of those retiring from the Post Office are not affected by the legislation.I believe that my right hon. Friend is saying that the Post Office is taking these calculations on the basis of all present retired post office pensioners. But what is the current average level of pension for those retiring today and in the future? My right hon. Friend says that he has consulted the Post Office, but has he consulted the Union of Post Office Workers, the Post Office Engineering Union, and the other unions involved?
Of course I have had discussions with the unions. They opposed these measures. I was able to explain to them that they would not affect the majority of their members. The figures I gave were of monthly paid employees in the early stages of retirement. The average is about £21 a week. Over the most recent period, the average pension of retiring civil servants is about £22 a week. Averages necessarily represent a wide spread of figures—some more, some less
My information about the spread in the Civil Service is that of the 25,000 or so new pensioners in the year ended on 30th September 1976—the up-to-date figures —13,000 were below £15, 5,000 were between £15 and £25, 2,500 between £25 and £35, 2,000 between £35 and £50, and 2,500 above £50. In other words, over 70 per cent. were under the £25 figure. Therefore, their benefit will in no way be affected even to the tune of £1. I also appreciate that there are people for whom the aggregation of more than one small occupational pension will produce a total in excess of £25.I apologise to my right hon. Friend for intervening too soon earlier in the debate. That was a measure of my indignation. Supposing these individuals had saved their money in some other way, for example, by private investment. There might conceivably be an energetic millionaire living in Park Lane who wants to go on working. He would be entitled to draw his pension without let or hindrance. Why should these particular people be singled out in this way?
This is not a strict means-tested benefit. On another occasion, my hon. Friend said that it was deferred pay for people who retire.
The perfectly reasonable view of the National Insurance Advisory Committee is that if retired people who have been paying contributions in expectation of their retirement on a particular day, also get unemployment benefit, it could be said that they are being compensated twice. These are people who are in retirement. They knew that they would retire at that age. I have been talking about people at one end of the earnings scale. I shall now say a word or two about those at the other end. We know that in July of this year 7,000 people between 55 and 64, registered as unemployed and receiving unemployment benefit—the majority of them over 60—were in receipt of occupational pensions in excess of £35 a week. Much the greatest part of the estimated full-year saving from the proposed change of £14 million—£12½ million—will be derived from this group of pensioners with occupational pensions above £35 a week—typically, perhaps, retired civil servants and local government officers formerly in senior positions, ex-senior officers of the Armed Forces and retired bank managers or former departmental heads with insurance companies. Those are the bulk of the people who will be affected by the legislation. We are entitled to assume that those concerned—not a homogenous group but people who consciously retire at that age—are not motivated towards continued employment after they have retired on their occupational pension. Many people are demanding that they should be able to retire at 60. They are not doing that, because they want to go on working after 60. We are talking about people who have retired. Why should we encourage retired people to search for jobs? They have an occupational pension and the jobs for which they are competing are in short supply. It is simply not sensible that we should encourage people who have retired at 60 to take up employment.Several Hon. Members rose—
Order. The right hon. Gentleman clearly indicated that some of the points being dealt with by way of interventions will be covered in the winding-up speech by the Minister.
Why does my right hon. Friend make any assumptions about people who retire at 60? Is he telling the House that it is beyond the wit of his Department to know whether people have retired voluntarily or involuntarily? Is that not the distinction that should be made?
The people we are talking about have been in employment and have retired. The vast proportion knew that they would retire at that age, and they have an occupational pension which was designed for retirement at that age. The vast proportion of the people we are talking about knew that they would retire at 60 because that was a condition of their employment, and they paid contribuntions to enable them to receive an occupational pension when they retired at 60.
Mr. Steen rose—
I have given way far too often. I have already given way once to the hon. Gentleman.
Is not the right hon. Gentleman aware that many people who planned to retire on their occupational pension find it impossible to live on that occupational pension, because of the inflation of the last few years, and are driven to seek further employment? Is he not also aware that many people who have valuable experience to contribute will seek employment?
I am not surprised at that intervention from the hon. Gentleman. We are here talking about people who, when the legislation is implemented, will get either from an occupational pension or unemployment benefit between £50 and £60 a week. Opposition Members have been talking about a very different group of people and suggesting that unemployment benefit limits should be reduced.
If we are to seek for areas of savings, this is one saving which we should consider, on whichever side of the House we may be.Will the right hon. Gentleman give way?
No, I shall not give way.
I want to deal with the principle. I have been talking about hardship, and I have effectively proved that the measure will not cause hardship. Some people talk about unemployment benefit as if it were an unconditional benefit. It is by no means so. As long ago as 1968, the National Insurance Advisory Committee, in its report, said that it did not believe that retirement from pensionable employment necessarily constituted "unemployment", in the sense that the term is used for National Insurance Scheme purposes. The Committee doubtedThe Committee also considered that as an occupational pension paid by an employer provides some compensation for loss of earnings in the same way as unemployment benefit was intended to do, there was an overlap between the two. That was the unanimous view of the National Insurance Advisory Committee, with one honourable exception—Lord Collison. The Committee also drew attention, even then, to several instances in the national insurance scheme where payments of unemployment benefit were already affected by payments made by an employer or former employer. [Interruption.] If my hon. Friends are interested in the principle, perhaps they will direct their attention to my remarks. It was pointed out, for example, that benefit is not payable if a person's earnings from a subsidiary occupation exceed, at present, 75p a day. Dependency benefit is withheld if the amount of the dependant's earnings exceeds the amount of that benefit. Benefit can be withheld for up to a year if a man whose contract of employment is broken receives a payment from his employers that contains compensation for future loss of earnings. In the light of all these examples, the charge that our proposals constitute an erosion of the insurance principle is one that cannot be accepted."whether it was ever intended that people retiring at the end of a career in pensionable employment should qualify for unemployment benefit at all."
Mr. Steen rose—
No, I have given way to Opposition Members on previous occasions. If I give way again, it will be unfair to the rest of the House and to those who want to take part in the debate.
Over recent weeks we have had a great deal of talk about the uprating of benefits and the abuses to which the upgrading is said to have given rise. However we are talking now not about the low-paid and the genuinely unemployed but about people who have retired with a substantial and significant occupational pension. Conservative Members are constantly demanding of the Government that we should carefully examine the social security system and ensure that funds are in no way misused. It is extraordinary that they should attack us when we have established one area in which to take action.rose—
No, I shall not give way. I wish to deal with the last section of my remarks. I have reached the last of my main headings, namely, the miscellaneous improvements that the Bill brings about. The hon. Member for Conway (Mr. Roberts) and other hon. Members will be able to catch Mr. Speaker's eye.
rose—
Very well, I give way to the hon. Gentleman.
The Minister keeps talking about the Bill dealing with those who are well off. If that is so, why have we received many representations from the Council of Post Office Unions, for example? Concern has been expressed by that council and by other organisations on behalf of humble people of that sort.
They are quite naturally and honourably making representations on behalf of what is a minority of their members. If a minority of their members finds that their substantial occupational pensions affect the level of unemployment, one would expect a union to speak up. A union would do so if only a minute proportion of its members were affected. It is only a minority, but I think it is right that the unions should speak up. I am not surprised that they have made representations.
rose—
No, I shall not give way again.
rose—
Order. Mr. Ennals.