House Of Commons
Monday 16th May 1977
The House met at half-past Two o'clock
Prayers
[Mr. SPEAKER in the Chair]
Oral Answers To Questions
Untitled Debate
At the beginning of another week, I appeal for brevity in supplementary questions and answers. Brevity is only fair to those who wish to stand a chance of being called.
Energy
Electricity Discount Scheme
1.
asked the Secretary of State for Energy if he is satisfied with the working of the electricity discount scheme.
23.
asked the Secretary of State for Energy how many claims had been received under the electricity discount scheme at the most recent available date; what was the total value of the discounts provided; and how the take-up compares with original estimates.
In the period to 13th May, claims from about 1·2 million households to a total value of just over £8 million had been reported to Departments. These represent about 44 per cent. of the estimated eligible population of 2¾ million householders on supplementary benefit or family income supplement. But claims are still being received in considerable numbers and although nearly all relevant accounts have now been sent out eligible consumers have until the end of June to claim their discount. While I am glad that so many have already claimed this help with their electricity bills, I hope that many more of those receiving supplementary benefit or family income supplement will do so before the scheme finally ends.
I am grateful for that answer. Will the Minister consider for the future some constructive preparation for developing a really secure token system—a self-cancelling meter system for the coming winter, when we can anticipate many more families than those covered by the existing scheme being affected by the increasingly high price of fuel?
I can assure the hon. Lady that, together with the industries, we are looking very carefully at the proposition that she has made about developing a token meter scheme. It is not as simple as it at first appears. My right hon. Friend the Secretary of State has taken a very close interest in this matter and we shall report on the progress made as soon as we can.
Does the Minister agree that the people the scheme is most designed to benefit are being deprived because the supplementary benefits offices are recommending that they should claim rent rebates instead of supplementary benefit? Therefore, is it not a fact that these people lose out as a result?
I do not agree with that point. People can choose, and if they feel that it would be better to revert to supplementary benefit they are free to do so. That is a matter upon which they can make a decision.
As for knowing whether they can claim, everyone who was thought to be eligible to participate in the scheme was given a leaflet. The scheme was advertised in offices of the electricity boards and elsewhere, there has been a Press campaign, and I have been on the radio to talk about it. We have done everything we can to ensure that the people who are eligible can get this help.Is the Minister aware that the calculation whether a person is better off with rate rebates or supplementary benefits is extremely complex? Officials of the DHSS offices themselves admit that they cannot do it, and hon. Members find it difficult. Does not the low take-up of only 44 per cent. indicate that these one-off means-tested benefits are futile, and would it not be better to increase benefits, such as pensions?
I do not accept that helping a considerable number of households with what may be very high electricity bills is a futile exercise. I do agree, however, with what my hon. Friend says about the calculations for benefits in general being complicated. If people experience difficulty in making such calculations they should seek help from the appropriate bodies. I agree that a general increase in benefits and pensions is desirable, but this is a matter for the Department of Health and Social Security.
Since the administrative costs of the scheme are £2·5 million and present claims have reached a total of £8 million, does this not mean that the scheme is one of the most expensive ever launched? Is there not considerable point behind the question raised by the hon. Member for Birmingham, Perry Bar (Mr. Rooker)?
I do not accept that. The hon. Member is suggesting that the whole of the sum allocated to administering the scheme has been spent. All the evidence to date shows that we have spent less than £1 million on administering the scheme.
2.
asked the Secretary of State for Energy if he will now reconsider his earlier decision not to allow mobile home owners to qualify for assistance within the provisions of the electricity discount scheme.
No. I regret that I am unable to extend the scheme to cover owners of mobile homes who do not pay for their electricity direct to an electricity board. The reasons remain as set out in my right hon. Friend's reply to the hon. Member of 25th March.
Does the Minister agree that this attitude represents discrimination against mobile home owners, particularly as they are so often people who are living on low incomes? Is it not possible to assist them, providing that they themselves are responsible for the paper work and the collection of evidence?
We have looked very carefully at the problem to which the hon. Member has referred because it affects people in other situations as well—those who pay for their electricity to a landlord rather than direct to an electricity board—but for reasons that the Opposition know very well, we had to have a scheme that was easy to administer and avoided abuse. We had to base the scheme on some easily identifiable paper work. That is why it was restricted to those families who received a bill direct from a board. There is a tremendous proliferation of other means by which people pay their bills to landlords, and it would have been impossible to encompass them all in a scheme of this kind. We very much regret it, but that is the fact of the matter.
Is the Minister aware that it is almost entirely the least affluent members of society who are unable to take advantage of this scheme? Does he not think that he could do a little more work with a little real determination to try to find a solution to the problem?
In any event it is clearly too late to do it for the period of this scheme, but we try to help those who are generally recognised as being most in need—those in receipt of supplementary benefit and family income supplement—and because the overwhelming majority of them are eligible they will have the opportunity to benefit.
Coal Industry (Productivity Agreements)
3.
asked the Secretary of State for Energy what assessment his Department has made in conjunction with others of the effect on productivity in the mines that might be achieved through the signing of pit-by-pit productivity agreements.
A number of variations are possible and unless and until a particular scheme is agreed it is impossible to estimate what effects it might have on productivity.
Does the Minister agree that we shall need a lot more coal and nuclear power if we are to overcome the energy gap for some years to come? Will he therefore give full support to a pit-by-pit productivity deal and explain how the increase in wages of about £20 a week would be incorporated into any future pay deal?
The House has previously endorsed the Government's policies on the question that there should be more coal production in this country and that the industry has a very vital and powerful rôle to play.
We have already introduced support for an incentive scheme in the shape of the report of the tripartite inquiry in 1974, which the unions themselves agreed upon. As to a particular scheme. we have said that that is a matter for the unions to negotiate themselves, because there has been a working party meeting on the subject.I agree that production is of great importance, but will my hon. Friend say whether he has discussed this with the inspectorate? Production may be a matter for the board and the unions, but safety is also important. If he has not met the inspectorate will he do so at an early date?
I have not met the inspectorate recently, but in my regular pit visits I meet the mines inspectors. Safety in the mining industry is of paramount importance not only to the inspectorate but to the unions and the people who work in the mining industry.
Will the hon Gentleman now consider showing to the House and to the country the profit and loss records for each mine? I believe that this would make all these matters much easier to discuss than they are at the moment.
I have not those figures, but I shall certainly consider what the right hon. Gentleman has said. It may be of help to the House to know that last year, 1976–77, productivity in terms of output per man-shift, in the mines, was 43·6 cwt. Recently it has been around 46 cwt. Therefore, there has been some improvement.
Does my hon. Friend agree that while we all, miners included, want to reduce unit costs—that is to say, increase productivity—the dog-eat-dog pit against pit system, as advocated by the hon. Member for Exeter (Mr. Hannam), could be extremely counter-productive both in terms of industrial cost and industrial safety? Does he recall that after the 1966 power loading agreement, which gave a stable wage round the country, there was an 8 per cent. increase in productivity?
I have a very personal experience in this. If putting forward an incentive scheme would mean a return to the old piece-rate system I am certain that the unions themselves would have no part in it, and neither would the men. But the proposition that has been put forward, as I understand it, is not for a return to the old piece-rate scheme; it is a different proposition entirely. Incidentally, the agreement or understanding has been reached as a result of a joint working party between the unions themselves.
Does the Minister agree that the existing scheme has been a failure, that payment has been made only on one occasion, and that if we are to raise productivity in the mining industry there has to be a solid cash incentive, which can come only from a re-drawn incentive scheme?
It is generally accepted that the existing scheme has not been very satisfactory, but the working party was set up for the purpose of discussing an incentive scheme that would be acceptable to the men and to the unions, and there would be a necessary financial reward as a consequence of it.
Oil Pollution
4.
asked the Secretary of State for Energy if he will make a statement on his discussions with the Offshore Oil Producers Association concerning methods of preventing and controlling oil pollution in the North Sea.
9.
asked the Secretary of State for Energy what lessons have been learned by his Department, following his inspection of the scene of the recent blow-out in the Ekofisk oilfield.
15.
asked the Secretary of State for Energy if he is satisfied that adequate arrangements exist for the protection of British economic and environmental interests in the event of accidents in connection with offshore operations.
21.
asked the Secretary of State for Energy what plans he has for improving oil pollution control in the North Sea.
26.
asked the Secretary of State for Energy what further action is proposed for safety improvement and to stem pollution in the North Sea following the Ekofisk blow-out.
27.
asked the Secretary of State for Energy if he will outline the steps being taken to prevent a blow-out in British North Sea oilfields and the action required to be taken if one should occur.
The Ekofisk blow-out has demonstrated the hazards associated with offshore oil and gas production, and the Government are urgently valuating the lessons and implications for our national interests offshore. I discussed the risks involved with the Norwegian Minister in London and Oslo before and after the blow-out and have held two meetings with the United Kingdom Offshore Operators' Association. An interdepartmental study group has been set up and has reported on the immediate departmental responses to the blow out. As to the precise cause, we must await the findings of the Norwegian inquiry. We are reviewing the capacity of United Kingdom offshore operators to deal with any similar incidents on the United Kingdom Continental Shelf.
I shall call first those hon. Members whose Questions are being answered. Mr. Biffen.
Does the right hon. Gentleman agree that the responsibility for oil pollution must primarily rest with the oil companies themselves? Secondly, does he agree that the oil companies should be permitted pricing policies that would enable them to generate the resources to execute the high standards of environmental protection that are generally required?
I do not think that anybody could really argue that the Government are, by their pricing policy for North Sea oil, preventing the oil companies from having proper security arrangements. We do not control the price. In fact, North Sea oil is commanding a premium price on world markets because of its low sulphur content.
With regard to the first part of the question, from examination of the matter in greater detail it would appear that the oil companies can charge the costs as operating costs and reduce the revenue to the Exchequer. I have taken this point up with them and intend to pursue it.Will my right hon. Friend confirm that he did not use the services of Bristow Helicopters when he visited the scene of the Ekofisk blow out? Will he condemn those oil producers who use the services of a company that is so hostile to the trade union movement?
As the helicopters dispute is now affecting the BP refinery at Grangemouth, will he tell BP, of all people—because we still have a majority public stake in that company—that it should not be using the services of a company that attempts to use jackboot tactics against the trade union movement?I did not go to Norway, or to see the blow-out, using helicopters from that company. I made a very clear public reference to the dispute when I spoke at the Scottish Trades Union Congress. I have called in all the oil companies to discuss with me the possible implications of the dispute. My view on this is known.
Is my right hon. Friend aware that prior to Bravo there were substantial claims that the precautionary arrangements in Norwegian waters were superior to those in any other waters? Does he agree that while jingoism in this area might be entirely inappropriate he must demonstrate that the good work that has so far been done by his Department and by the oil companies is thoroughly maintained and adequately and vigilantly supervised?
I cannot confirm my hon. Friend's suggestion that the Norwegian preparations were better advanced than ours, because, fortunately, we have not had the opportunity of testing how our reactions would have developed. But I think that there are clearly important lessons to be learned from this event. I intend to see that those lessons are learned and that necessary actions are taken in a whole range of areas, which I have already discussed twice with the operators and intend to pursue most vigorously with them.
Will the Government have full co-operation with Norway and other countries in order that they should be able to deal with such a situation if another blow-out occurred. Will the Government ensure that there is the maximum of public participation of the ownership of the oilfields in the area? Will the Minister look again at the sale of the BP shares?
As I said in my earlier answer, I discussed this matter with the Norwegian Minister in London in September. There were also discussions before the blow-out in April. On the Sunday following the blow-out I went over to discuss the matter with the Norwegians and they have proposed that a conference should be held in June, at which time there would be a further opportunity to discuss it.
Clearly, we must see that the risk is minimised and that should such a thing occur again our resources will be adequate. I am not entirely satisfied now that that is so.Is the Minister aware that the Central Unit of Environmental Polution forecast that the East Coast of Scotland was at great risk and that the blow-out that occurred has increased the unease that exists over this? Will the right hon. Gentleman give an assurance that, regardless of cost either to the companies or through lost revenue to the Government, all safety precautions will be taken to ensure that such a catastrophe will not spoil the natural and economic coastal environment of Scotland?
Not only the East Coast of Scotland but all coastlines around the North Sea could be affected. In fact, the prevailing wind drove the slick towards Norwegian waters, and that caused the greatest concern. We had not forecast what would occur, but we had anticipated a risk. I am therefore determined that the oil companies, together with the Government, should take the necessary precautions to minimise what must be a continuing risk, because no one can guarantee against human or technical accidents.
Will my right hon. Friend tell the House what proportion of their expenditure the oil companies devote to measures for the prevention and control of oil pollution?
I cannot answer that question without notice, but if I were to ask the oil companies about the extent of their preparations they would argue that much of their equipment that is used for general purposes, such as supply vessels and barges, would be available for dealing with a blow-out. It would be difficult to identify a particular amount and separate it from the rest of their expenditure.
In view of the vital part played by divers in the inspection of pipelines in order to avoid spillage, will the right hon. Gentleman join with me and my colleagues in trying to persuade the Treasury to reconsider its policy of no longer allowing divers to be self-employed, because that could lead to industrial action?
That is a wholly different question. I am aware of it and I have received representations about it. It is a matter for the Treasury. However, I am concerned about the loss of life among divers and about blow-outs. The most important single thing that we can now do to maintain safety standards is to ensure that there is full trade union representation on the platforms and rigs, so that safety regulations are fully carried out.
10.
asked the Secretary of State for Energy what responsibility for North Sea oil pollution will be assumed by the British National Oil Corporation in return for its interest in the oil.
The BNOC is responsible, as a licensee, in the same way as the other companies, for any liability arising from offshore oil pollution. In the case of participation oil, however, the companies have agreed to indemnify the Corporation for its liability under the various licences until such time as the Corporation may take possession of the oil.
Does that not seem a strange arrangement? Since BNOC owns 51 per cent. of the oil and since, as we have seen recently, pollution comes first and arguments start afterwards, is the right hon. Gentleman entirely satisfied that if we had a disaster there would not be arguments that would continue while pollution was spreading? Can he give us a categoric assurance that the arrangements that he has outlined really will stand?
In the event of an accident, there will be no arguments that will deflect us from getting on with stopping the trouble and clearing up the consequences. The BNOC is negotiating to become a member of the Offshore Pollution Liability Association. There are obviously commercial insurance propositions that will be attractive not only to individual private sector companies but to the BNOC itself. It is important to distinguish between the BNOC's owning 51 per cent. and intending to exercise its option, and this is a matter to be dealt with by the Corporation at the appropriate time. We have an agreement, and I think that we shall get along very well with that.
Does my right hon. Friend agree that the Ekofisk blow-out seems to point to the desirability of establishing an organisation comprising all countries with seaboards on the North Sea? Does he further agree that if an emergency arose on any drilling rig, irrespective of who owns it, immediate emergency operations should be put into effect, and that this would require the co-operation of all nations bordering the North Sea? What direction have his inquiries taken?
I agree with my hon. Friend. The action of my right hon. Friend the Secretary of State in going immediately to see the Norwegian Minister after the Ekofisk blow-out is proof of our cohesion, at least with our Norwegian friends, in dealing with these matters. Other countries are less immediately involved, except with the consequences of any incident, but we hope to try to get an understanding at the June conference that was mentioned earlier by my right hon. Friend. It is arguable whether there should be a North Sea riparian agreement with a system of inter-governmental control or a system under which the companies police themselves and the States inspect the policing, but Governments and the companies all agree that we cannot allow these incidents to happen.
National Union Of Mineworkers
5.
asked the Secretary of State for Energy when he next expects to meet the leaders of the National Union of Mineworkers.
My right hon. Friend and I have frequent meetings with NUM leaders to discuss matters of mutual interest.
Do the Minister and the Secretary of State agree that it is high time that we got rid of this tiresome argument about the construction of Drax B? Has the Minister noticed during the last few days the propaganda—ranging from that put out by Woodrow Wyatt to that of the Financial Times—putting forward the Arnold Weinstock line, of which I thought we had heard the last, especially from the Cabinet? Must we not provide the necessary jobs and incomes and ensure a market for coal?
My hon. Friend must be aware that the matter has been considered by the House and that the Secretary of State intimated to the House, when I was present, that he had met the Central Electricity Generating Board on this matter. I am sure that my hon. Friend saw the statement by the Prime Minister on 12th May giving an assurance that the order for Drax B would be made with the minimum of delay.
Will the Minister give an assurance that the order for Drax B will be put out to competitive tender and that the tender will be discussed by the House?
My understanding is that this project will be put out to competitive tender. I cannot say whether it would be specially brought before the House.
Does my hon. Friend agree that the placing of the order for Drax B should not be dependent on the reorganisation of the industry, which is now going forward, and that the order should be placed, as the Minister has already said, without further delay? Does my hon. Friend also agree that when the reorganisation of the industry takes place we should be one of the vested interests making a noise to ensure that the industry is not dominated by one person and that there is a large public stake in the reorganised industry?
The Secretary of State for Industry is dealing with this matter and I am sure that if my hon. Friend put those questions to him my right hon. Friend would be only too pleased to explain the answers.
Will the Minister assure the House that there is Cabinet unanimity on the matter of Drax B?
I am not a member of the Cabinet.
Will the Minister clarify his answer to my right hon. Friend the Member for Stafford and Stone (Mr. Fraser)? Did he say quite categorically that the order for Drax B, if placed, would be put out to competitive tender?
I said that I understood that when such orders were placed, they were put out to competitive tender. I qualified my statement by saying that I understood it to be so. As for whether the matter would be specially brought before the House, I said that I was not in a position to answer.
Uranium (Control And Supply)
6.
asked the Secretary of State for Energy what conversations he has had with the United States Administration about the future control and supply of enriched uranium, so far as it affects the United Kingdom and consultations internationally.
My Department keeps in close touch with the United States Administration on all matters connected with fissile materials required for nuclear power programmes.
Does my right hon. Friend agree that the new policies of the United States Administration on nuclear fuel supplies and reprocessing must call into question some of the assumptions upon which the British nuclear power industry has operated up to now? Are these assumptions being revised, and what implications are there in this for overseas contracts for reprocessing?
My hon. Friend is right in saying that a new emphasis is being given in these matters, but it is worldwide, not just in the United States. Leadership is also being given by the United Kingdom and other countries in trying to prevent the proliferation of technologies that could lead to the spread of nuclear weapons. It is a matter with considerable international implications. It is also true that many countries are now engaged in a political review—that is, a ministerial review—of nuclear policy and the assumptions that have underlain that policy and that have, perhaps, gone unexamined for some time. This is now seen as an urgent matter all over the world.
Does the right hon. Gentleman accept the point made by John Nye at the Salzburg Conference recently—that, on the face of it, the American provisions for export licensing under the so-called MB 10 clause are inconsistent with the longer-term contracts of the kind envisaged by the Japanese and BNFL?
I could not answer that in detail in a reply to a supplementary question. However, it is widely agreed—and I also take this view—that the proliferation and the risk of proliferation of such technology must be dealt with on the basis of international action and by an internationally agreed and enforced proposal. There are many countries for which nuclear power plays a part in meeting their energy needs, but there is also a need to prevent the proliferation of sensitive technologies, and that must have the highest priority in the view of any sensible Government.
Does my right hon. Friend agree that it is a responsible and knowledgeable nation that takes the view that if the policy of President Carter were generally applied it would in the end result in greater proliferation of processing rather than the opposite?
I am aware of the argument that if we shake confidence in the availability of materials under proper supervision it may have the opposite effect to that intended. However, it is important that those countries with a background and a trade in nuclear power, such as the United Kingdom, should make it clear that non-proliferation must be a prime purpose and that within that framework such trade as takes place should be fully and completely safeguarded.
In considering the approach of the President of the United States will the right hon. Gentleman ensure that the major lead that Great Britain has in fast breeder reactors—where, for a change, the Americans are technologically and practically way behind us—is used to get a major breakthrough both for our own energy and for earning foreign income?
That is a separate but relevant and connected question. The Government policy towards the basic decision on the CFRI will be taken in the light of a number of factors. The United States Government have taken a decision on Clinch River, and I read in the newspapers, though I do not have a full account of it, that the Germans may have frozen some of the funds for their fast breeder programme. We shall look at the fast breeder decision in the light of a number of factors, including economic factors.
Gas And Electricity Prices
7.
asked the Secretary of State for Energy whether he will make a statement about Government policy in regard to prices charged by the gas and electricity industries and the likelihood or otherwise of further subsidies to those industries.
We believe that gas and electricity should be priced at economic levels which reflect the cost of supply, encourage the best use of national energy resources, and maintain the industries on a sound financial basis.
Is the hon. Gentleman aware that despite previous mis-demeanours on the part of previous Governments we are now reformed characters on the Opposition Benches and warmly approve of his answer?
The hon. Gentleman does not have to convince us that he and his hon. Friends are reformed characters. He has to convince the electorate, and I think that that will be a marginally harder job.
Will my hon. Friend comment on the exaggerated estimates that have been made of the likely increase in electricity prices as a result of the forward ordering of the Drax B power station? Will he ask the Opposition why they never quote the figure of £45 million that would be saved in social benefits as a result of the 4,000 jobs that the order would preserve? Will he also make clear that there is no question, if the order is to save jobs, of its going out to competitive tender and new designs, and that the only option, if we are to save jobs, is for the order to be a replica of Drax A?
I can only advise my hon. Friend to table a number of those Questions to the appropriate Department. As to the figures that have been mentioned in the Press, the House should be aware that there is a fair amount of discussion, if not dissatisfaction, about many of those figures and my right hon. Friend is having the whole position thoroughly examined.
Oil Platform Orders
8.
asked the Secretary of State for Energy what is his estimate of the number of oil platform orders likely to be placed in 1977 and 1978, respectively.
As stated in the recent report to Parliament on Development of the Oil and Gas Resources of the United Kingdom—the Brown Book—there are reasonable prospects of four to five orders for major oil production platforms up to mid-1978, with perhaps some additional orders for smaller structures during the same period.
Will the right hon. Gentleman confirm that the Government would not condone the proposal by Redpath Dorman Long Ltd., of Methil, in Fife, to build a platform at a loss purely for the sake of getting the order? Will he confirm that he will not allow this subsidiary of British Steel to compete on these terms with viable profit-making yards elsewhere?
I have written a most charming letter to the hon. Gentleman and the hon. Member for Dundee, East (Mr. Wilson) explaining that we do not direct orders to any particular site or favour any particular company. The remarks attributed to Sir George Sharp, the Convenor of the Fife Regional Council, have been exaggerated.
May I ask, in a more useful than charming fashion, what research has been done and encouragement given to second generation platforms, say on the tension leg principle, that could be exported to oil developments in other parts of the world?
This is an important possibility. It is amazing how fashion changes in the oil industry. It has moved away from concrete platforms towards steel, but perhaps one day it will return to concrete. The sort of platform mentioned by the hon. Gentleman is under consideration by oil companies almost everywhere in the North Sea.
United States Policy
11.
asked the Secretary of State for Energy when he will next discuss with the United States Administration the implications of United States energy policy for the United Kingdom.
18.
asked the Secretary of State for Energy when he next intends to meet his American counterpart, Dr. Schlesinger.
24.
asked the Secretary of State for Energy what account he is taking of the recent statements of President Carter in formulation of energy policy.
25.
asked the Secretary of State for Energy whether he will reappraise Her Majesty's Government's policy on the reprocessing of nuclear waste, in the light of remarks of President Carter on the United States policy and its effects on the United Kingdom.
I met Dr. Schlesinger and others during my visit to the United States from 3rd to 6th April for discussions. I have no immediate plans for a further meeting with the United States Administration but I shall seek another opportunity later.
I welcome President Carter's proposed programme and particularly its emphasis on energy conservation. My right hon. Friend the Prime Minister has already stated that the Government are re-examining non-proliferation policy. The broad issues involved were, of course, among the major themes of the Heads of Government meeting on 7th and 8th May.If the right hon. Gentleman welcomes President Carter's belief in conservation, why is it that he is not implementing any effective depletion policy for the North Sea? If the United States forecast is correct, does the right hon. Gentleman accept that the demand for oil will exceed supply from 1985 onwards and that the value of oil will increase. Does the right hon. Gentleman agree that it stands to reason that it would be for the benefit of the community if there were a conservation programme that left more oil to be developed when scarcity values comes into effect?
I appreciate the hon. Gentleman's points. The hon. Gentleman is incorrect about depletion, because Parliament has granted depletion powers to Ministers that allow us to phase the development of the oil. Until self-sufficiency has been secured, there is some merit in encouraging exploration so that the option is available to us. I cannot endorse the United States forecast. The strange thing is that the world is not yet even agreed on the scale and timing of an energy gap, although a great deal of discussion concentrates on that issue.
Although the House should be able to support the Secretary of State in his determination to increase the conservation side of the energy equation, is it not rather pitiful that thus far, since the end of 1973, what has been achieved in conservation has been only a few percentage points? Will the right hon. Gentleman ensure that his Department urges other parts of Whitehall and British industry to do more?
A major exercise is in progress under my hon. Friend who, in the Department, is responsible for conservation with Ministers from other Departments in preparation for a greater conservation programme. As the House will appreciate, conservation falls across many Departments, not merely my own. Every Department uses energy, or is responsible for industries or operations that use energy. What has been achieved has not been bad considering that it takes some time to build up programmes. Some of it has been related to the slump, which is not entirely welcome, anyway. Over a period we shall be putting the maximum effort into conservation as expenditure in conservation may be a cheaper way of bridging the so-called energy gap than enormous expenditures on generating energy by other means.
Will the right hon. Gentleman ensure that in Europe there is the fullest understanding of President Carter's attitudes and ideas to make sure that we have the fairest policies compatible with United Kingdom interests in Europe? It seems that there may be one law for the United Kingdom and another for other members of the Community in United Kingdom energy matters.
The House knows that I suggested at the last Energy Council that I chaired that conservation should be discussed and that at the next Energy Council nuclear policy will be discussed. At any rate, the two ingredients of American energy policy are to go before the Council of Ministers in Brussels. It is difficult to harmonise EEC energy policy, which we shall be discussing in the House tomorrow night, because there are wide differences of interest. Naturally, every country wishes to maintain control over its own energy policy. Every country in the Community sees that as being central to its national interest.
What progress has been made between the Departments of Energy and Transport in formulating transport policies that conserve energy?
The use of energy in transport is one of the major areas of interest. My hon. Friend who chairs the interdepartmental examination of these matters is closely in touch with the Department of Transport. We are involved, but every Department has a capacity to contribute towards energy conservation. It is my desire that matters should be organised so that the interdepartmental examination does just that.
Gas And Electricity Disconnections
12.
asked the Secretary of State for Energy if he is satisfied with present procedures in relation to disconnections.
Yes, Sir. All area electricity boards and gas regions have now instructed their staffs in the application of the code of practice on payment of gas and electricity bills. The industries are monitoring operation of the code and the Department of Energy is being kept informed.
I am grateful to my hon. Friend for his reply. Despite the evidence of the Department, is he aware that there are still disconnections and that if there had been a little research—this applies especially to poor people and old-age pensioners—the disconnections or threats of disconnection would not have taken place? During the summer months will my hon. Friend try to establish better liaison between electricity and gas managements and the social service departments of local authorities?
As the code is an innovation, we recognise that there will be teething troubles. We have no evidence of any major breach of either the letter of the code or the principles behind it. If my hon. Friend knows of specific instances where he feels that the code should have protected people from disconnection but has not done so, I hope that he will refer them to me without delay.
Overseas Development
United Nations University
32.
asked the Minister of Overseas Development what plans Her Majesty's Government have for British involvement in the development of the United Nations' University.
During the consultative meeting of the United Nations' University held at the Royal Society on 25th and 26th October 1976, which was opened by one of my predecessors, the rector and other senior members of the university were able to make contact with several British institutions. One such institution, the Tropical Products Institute, which is a part of my Ministry, has now entered into an agreement to accommodate United Nations' Universities fellows for studies concerning food loss and food conservation.
I thank the right hon. Lady for that reply. How can the Government reconcile their frequent statements of sympathy for the developing countries with their refusal to give any financial support to what is both an imaginative and practical project that would be of great value to the relevant countries?
I am not aware that we have made any such refusal. I assure the hon. Gentleman that we are very anxious to help. The position is that the liaison most directly occurs with the universities in Great Britain and our own specialist ODM institutions of which there are several. We shall maximise cooperation in every way we can.
Government Aid
33.
asked the Minister of Overseas Development if she is satisfied with the level of aid given by the British Government to developing countries.
The present level of overseas aid is not as high as I would wish. Future levels will be considered in the next public expenditure review, having regard to the Government's acceptance in principle of the United Nations target of 0·7 per cent. of GNP.
I thank the right hon. Lady for that reply, which does not altogether surprise me. Does she agree that one way of avoiding fluctuations in the level of aid to overseas countries would be to set out immediately a plan for Britain to contribute a certain percentage of its GDP each year? Beyond that, will she tell us exactly what was agreed in terms of the common aid fund, which was left so vague at the Summit Meeting?
A number of considerable and important expressions of good will were made at the Summit Meeting at Downing Street. I am talking about expressions from other countries—for example, the United States. I think that this is important. We shall have to wait a little time to see how they express themselves in material terms. I am sure that in the public expenditure review this summer we shall be taking into account the atmosphere of the Summit Meeting at Downing Street and the precise statement that emerged from it.
Does my right hon. Friend recollect that the Prime Minister said that the Government were always willing to give humanitarian aid to the liberation movements of Southern Africa? How vigorously is the Department carrying out that policy? Will my right hon. Friend publish details in the Official Report?
I shall be glad to publish details in the Official Report. I think that it might help considerably to clarify some of the matters that have been in doubt. I believe that there is a Written Question to be answered later today, so I cannot go too far into detail. [HON. MEMBERS: "What about Cambodia?"] If one is allowed to answer interjections, I hope to say something about the Cambodian question before long.
Is the right hon. Lady aware that her original reply to the hon. Member for Dunbartonshire, East (Mrs. Bain) sounded a little strange as in announcing his economic measures last December the Chancellor of the Exchequer said that the Government were going to reduce the money available for aid by £50 million in the current financial year and by a further £50 million in the next financial year? Is that still the policy of Her Majesty's Government, or has it been altered as a result of the Downing Street Summit Conference? If it is still the Government's policy, when is the right hon. Lady planning to announce the details of where the cuts are to be made?
I have already answered questions in the House about the effect of the cuts at the end of last year. I should be delighted to welcome the hon. Member as a recruit to the cause of resisting cuts in public expenditure.
Since President Carter and all of us in the West are deeply concerned about relations with other countries, can my right hon. Friend say what aid is being given to countries such as Chile and Indonesia? Such countries have Governments not renowned for their concern for civil rights and liberties. What studies are being carried out by her Department to develop ways of assisting countries that need aid and that could also assist development areas in this country?
We give a limited amount of aid to Chile—not to the Government of Chile, but to agencies. In particular, we give aid to the Catholic Church in Chile to help oppressed and repressed people. It is a limited amount of aid. I hope to increase it. There is a later Question about that on the Order Paper.
On the second part of my hon. Friend's question, I am instigating studies in that area at the moment. It is important that we relate our aid and development programme to the needs of British industry. I believe that it is entirely possible to integrate the two more effectively than we have achieved so far.
Alternative Energy Sources
35.
asked the Minister of Overseas Development what percentage of the British aid programme is devoted to assisting developing countries in projects related to wind, wave, solar or geothermal energy.
There is no specific allocation for such projects. My Ministry is, however, very ready to help in these fields. We have undertaken geothermal exploration programmes in certain countries, and we have made a small beginning in research on wind and solar power.
I welcome the beginnings that have been made, but does my right hon. Friend agree that the oil crisis has hit a great many developing countries far more savagely than it has hit the Western world? Does she accept that it is of paramount importance for such countries to develop alternative energy policies if their economies are to take off?
I entirely agree. I hope to pursue this matter within my Department. We have a number of expert advisers who specialise in the relevant aspects. I hope to pursue this problem with them, in co-operation with the Secretary of State for Energy.
United States Proposals
36.
asked the Minister of Overseas Development what study she has made of the recent proposals of the Carter Administration in the field of overseas aid and development.
Last month I had very useful talks in Washington with Governor Gilligan, the Administrator of the United States Agency for International Development. The development aid appropriations sought by the Carter Administration for the United States fiscal year 1978, which begins on 1st October 1977, represent, on a comparable basis, an increase of 6 per cent. over the former Administration's request for that year. The United States Government, like our own, is party to the declaration of the Downing Street Summit that
"we shall work to increase the flow of aid and other real resources from the industrial to developing countries."
May the House take it from that answer that the Minister will be pressing her colleagues to do everything possible to emulate President Carter's example in this respect? In particular, will the Minister seek to ensure that there is no mismanagement and inefficiency in our existing aid programme and that we get the best value for money, to which President Carter attached great importance in his statement to Congress?
From consultations with Governor Gilligan and his staff, it is fair to say that there is no doubt that our aid programme is extremely effective and efficient. Therefore, we do not need to feel guilty in that respect, although of course we shall keep a close eye on these matters. I do not like to use such phrases, but we must ensure that we have a full, frank and free dialogue with the Carter Administration on these matters. That is what I tried to do in Washington three weeks ago. I hope that we can help each other.
During my right hon. Friend's discussions with the Carter Administration did the question arise of co-operation over the provision of aid to countries that deny elementary human rights to their citizens?
During my discussions in Washington I had conversations with Governor Gilligan and the lady whom President Carter has appointed to be responsible for human rights issues. We had considerable discussions about the problems of deciding exactly how one relates an aid programme to human rights. My hon. Friend will be aware that there are great problems in that respect. We certainly began an interesting discussion on that matter.
Would the right hon. Lady please answer my previous question? Is she going to implement the cuts in aid in the current year and the next financial year which were announced by the Chancellor of the Exchequer last December? Alternatively, has there been a change in Government policy on aid as a result of the meetings at the Downing Street Summit?
I thought that the hon. Member was familiar with the process. The cuts announced in the last White Paper are being implemented this year. I have already indicated that although this will cause considerable difficulties in the aid programme—and I do not underrate them—we hope that we shall not have to cut any country's allocation. The hon. Member will be equally aware that in the public expenditure review that takes place this summer we shall review all future years. I should be very happy indeed if Opposition Members supported the idea of resisting cuts to the aid programme in the context of public expenditure.
Departmental Staff (Dispersal)
37.
asked the Minister of Overseas Development when she now expects the plans to relocate her Department in Scotland to be finally implemented.
My hon. Friend the Minister of State, Civil Service Department, said in reply to a Question by the hon. Member for Glasgow, Cathcart (Mr. Taylor) on 25th April that he would announce a revised timetable as soon as possible. I am unable to give further information at present.
Will my right hon. Friend confirm that in addition to the new Department in East Kilbride, the Ministry of Overseas Development is still considering alternative office development in Scotland to provide several hundred extra jobs? Is she aware that the Central Regional Council, in my area, has proposed several sites of office development, which I should be delighted to show to her on her next visit to Scotland?
I shall be happy to take up my hon. Friend's invitation. The location for the major part of the Ministry of Overseas Development dispersal has already been settled. We are now waiting for plans. There are a number of real problems concerning the second element of the dispersal. I welcome my hon. Friend's proposition.
Is the Minister aware that the slippage in this timetable is causing concern, because people in Scotland feel that fraudulent claims have been made about jobs being redistributed to Scotland? Since part of the Ministry is to move to East Kilbride, and since Stone-house no longer exists—knowing that the Minister shares my interest in new towns—will she consider the good claims for the cartography section to be established in Cumbernauld?
I appreciate the feelings of the hon. Lady. The East Kilbride part of the dispersal is now settled. The other element is causing genuine problems. The question of siting is open to consideration.
Question No. 38 is to be taken after Question Time.
Crown Agents (Fay Committee's Report)
39.
asked the Minister of Overseas Development if she will publish the Report of the Fay Committee on the Crown Agents when she has received it; and if she will make a statement.
Yes, Sir. I shall certainly publish the report, and I shall make a full statement to the House when the report is published.
In the meantime, will my right hon. Friend instruct the Crown Agents, as one of the creditors of the fallen Stern group, to sue for bankruptcy, as is usual with most other people who are involved in bustups of this kind? Does the Minister think that it was wrong for the Bank of England to lean on the First National Bank of Chicago not to sue for bankruptcy against Sterns? Will she give assurances that if none of the 32 creditors is prepared to sue for bankruptcy against the William Stern £110 million property empire, she, as Minister responsible for the Crown Agents, will see that that action is carried out?
As I think my hon. Friend knows from previous exchanges, there is a lot of background to this.
There is a lot of muck.
The Crown Agents have been concerned to protect what they can of their own investments in this situation. However, my hon. Friend will be interested to know that the Crown Agents informed me towards the end of last week that the formal steps necessary, prior to the institution of legal proceedings that could ultimately lead to a bankruptcy petition against Stern, have now been taken.
Sugar Cane (Fiji Meeting)
38.
asked the Minister of Overseas Development if she will make a statement concerning the outcome of the recent African, Caribbean and Pacific nations meeting in Fiji, with particular reference to the future of sugar cane imports to the United Kingdom.
With permission, I will answer Question No. 38.
The Community delegation to this second meeting of the ACP/EEC Council of Ministers was headed by my right hon. Friend the Secretary of State for Trade, representing the presidency, and I led the British delegation. The meeting was considered to be a success by both the Community and our African, Caribbean and Pacific (ACP) partners in the Lomé Convention. There was frank discussion leading to genuine co-operation and mutually acceptable solutions for the major outstanding problems. The Community's export earnings stabilisation scheme, Stabex, was expanded to include a number of new products, and concessions were extended to Western Samoa, Tonga, Seychelles, the Comores and Lesotho. I took the chair at a financial working group, which worked out a resolution to define the policy for financial co-operation under the Lomé Convention. The resolution conceded an ACP request for a separate ACP/EEC sub-committee to examine the special problems of the least developed, landlocked and island countries. It was also agreed that the Seychelles and Comores should be added to the list of least developed countries in Article 48 of the Lomé Convention. On trade matters the Community agreed to consider granting more favourable treatment to certain products from the ACP States and to hold joint talks on others. The Community is to study suggestions made by the ACP about the Community's standards for maximum levels of aflatoxin in imported feeding stuffs. In response to a request from the ACP States, the Community announced that it would restore the original sugar export quotas of certain ACP countries which had not delivered their full commitment in the preceding year and whose quotas had consequently been reduced. In reaching this decision we recognised that these countries might have encountered special difficulties in implementing the sugar protocol for the first time, and the Community made it clear that the decision should not be seen as a precedent for future years. The Council agreed to consider requests from Zambia and Liberia to accede to the sugar protocol to the Lomé Convention. It was agreed to refer for consideration by officials an ACP proposal for the establishment of a joint ACP/EEC centre for agricultural co-operation. I have arranged for a copy of the Press communique made after the meeting to be placed in the Library, and I shall circulate further details in the Official Report.I am grateful to my right hon. Friend for that full reply to this most important international conference, which, I think she will agree, is more important to long-term world relations than perhaps certain appointments or non-appointments. Will she tell the House whether the future of sugar imports into the EEC and Britain is a long-term assurance, whether there is a one-way ratchet mechanism which is now operating for just one year, and whether the renegotiation of sugar in 1980–81 could threaten the future of the cane sugar industry in this country?
As my hon. Friend will recognise, before and, indeed, during the renegotiations on our entry to the Market and on the first sugar arrangements that were made, these matters are in one respect matters for the discussion within the context of the Lomé Convention and in another respect matters for discussions within the Agricultural Council of the EEC. It is true to say that nothing that was decided in Fiji bears very strongly on the discussions still to take place in the Agricultural Council.
Is it or is it not the policy of the Government to press for the continued import of cane sugar in substantial quantities from these Third World countries?
The meeting in Fiji was concerned with the operation of the agreements that have already been reached. Quite honestly, it would be better if that question were addressed to my right hon. Friend the Minister of Agriculture, Fisheries and Food.
Is my right hon. Friend aware that in spite of some progress at Fiji there also seems to have been disappointment by the ACP countries that they have not had real success in improving the importing of products like bananas, beef and rum, which would considerably assist in their prosperity?
My hon. Friend is right in the sense that in Fiji we agreed to refer the question of bananas and rum for further study and we shall get a further report on that. But I emphasise that the results of the Fiji meeting were recognised in the communiqué by the ACP countries as being a considerable success. It is true that at the beginning of the meeting, which lasted for almost a week, there were doubts whether it would be successful but at the end of the week it was agreed that it was successful. Certain questions were referred for further study. Those are the ones to which my hon. Friend has referred.
rose—
I shall call the three hon. Members who rose. Mr. Hooley.
Was there any discussion about the operation of the European Development Fund, and did the developing countries express satisfaction or dissatisfaction about its operation so far?
There was a very lengthy discussion in the working party that I chaired. That helped a great deal, because there were a number of questions from the ACP countries about the way in which the EDF was operating. The discussion that took place helped clear the air a great deal and was generally helpful.
With regard to continuing imports of cane sugar from Commonwealth developing countries, do the present Government accept the undertaking given by the previous Government, which took us into the Common Market, about bankable assurances?
Our position with regard to the need to safeguard the interests of the cane sugar producing countries in the Commonwealth stands exactly as it was. The question that now arises concerns the detailed negotiations in the Agricultural Council and how that has to be implemented.
Since there are jobs involved on Merseyside, in Scotland and elsewhere, will my right hon. Friend make it absolutely clear that the position on the import of sugar has not worsened and that the Government are doing their best to ensure that we get further imports of cane sugar to look after the jobs of the workers concerned?
There is no doubt about that at all. Our objectives are absolutely clear. All I am trying to explain to the House is that on this question, as is so often the case within the European Community, there is more than one forum of discussion. I am trying to explain that the forum of discussion with which my hon. Friend is now concerned lies with the Agricultural Council during the course of its discussions in the near future. There is no doubt at all about our concern to protect the interests of the cane producing countries of the Commonwealth, which equally match the needs of workers in the cane processing industry in Britain.
The further details are as follows: The Community's export earnings stabilisation scheme, Stabex, was expanded to include vanille, cloves, pyrethrum, gum arabic, ylang ylang, wool and mohair. The concession under the scheme, which grants eligibility to exports to all destinations, rather than solely the Community, was extended to Western Samoa, Tonga, Seychelles, the Comores and Lesotho. The Community also pledged that where exceptional events may distort the trade figures that are used to calculate the financial transfer the Community will seek a solution through a favourable interpretation of the existing provisions of the scheme. On trade matters the Community agreed to consider granting more favourable treatment to tomatoes and melons from the ACP States. Joint talks with the ACP countries are to be held on the questions of rum and bananas. The Community is to study suggestions made by the ACP about the Community's standards for maximum levels of aflatoxin in imported feeding stuffs. Community aid for trade promotion is to be expanded to include improvements in the training of personnel and in the marketing of ACP products. Temporary derogations from the Rules of Origin have been granted to Kenya and Malawi for one year to enable them to use third country fish-hooks in the manufacture of artificial fishing flies to be exported to the Community. These derogations are intended to give these countries time to establish Community sources of supply. A joint working party is to be established to identify and assess the effects on ACP exports of the generalised preferences granted by the Community to the developing world as a whole.Local Authorities (Restoration Of Works Powers) Bill (Mr Speaker's Ruling)
On Thursday last the hon. Member for Tiverton (Mr. Maxwell-Hyslop) made a submission that the Local Authorities (Restoration of Works Powers) Bill was a Hybrid Bill and should be referred to the Examiners. He has also sent me a letter, which I have also considered. I undertook to consider the matter and to rule on it today.
Under the Local Government Act 1972 the Secretary of State made three orders giving 25 specified local authorities permission to enter into building agreements with other local authorities for a limited period. This period has now expired, and the sole purpose of the Bill is to give the same powers to the same local authorities for an unlimited period by amending the relevant provisions in the three orders. These orders, which were made in 1975 and 1976, were subject to annulment at the time but went unchallenged in the House. The recent statement by the Examiners on the Aircraft and Shipbuilding Industries Bill, which was referred to by the hon. Member, draws attention on page 5 to two rulings, one by Mr. Speaker Clifton Brown and another by Mr. Speaker King, in these words:This selection is precisely what has been done in this case, the class formed consisting of all the local authorities which were given identical special powers by orders under the 1972 Act. The hon. Member claimed that the list of 25 authorities contained in the orders was not exhaustive. It may be true that other authorities could have been included originally, but, as Mr. Speaker King said in 1966,"The effect of both of them is that the category or class that is relevant is the one selected by the promoters of the Bill."
The Bill has been drafted by reference to the orders made under the 1972 Act, and it is only those authorities and powers covered by the orders with which it is concerned. By relating the provisions of the Bill exactly to those in the orders, a recognisable class has been created, in my opinion. It is not, in my opinion, an example of "naked selection" referred to in the Examiners' Report which was quoted by the hon. Member. I therefore rule that it does not appear that the Standing Orders relating to Private Business may be applicable to this Bill and that Standing Order No. 38 does not require it to be sent to the Examiners."Fortunately, it is not for me to consider the reasons why these particular criteria are chosen."—[Official Report, 25th July 1966; Vol. 732, c. 1222.]
Her Majesty's Ambassador, Washington
The House will recall that last Thursday, 12th May, when I was questioned about the position of Sir Peter Ramsbotham, Her Majesty's Ambassador in Washington, I said that Sir Peter had served with distinction and that I had no criticism to make of him. I added that when I became Foreign Secretary he was on the point of taking up his post and that as incoming Foreign Secretary I confirmed him in it.
Since then, as a result of reports in the newspapers, it has been charged that a smear campaign has been launched against Sir Peter Ramsbotham, which, and I quoteI therefore wish to make it clear that no such campaign has been launched. The hon. Member for Blackpool, South (Mr. Blaker) first raised this, in a public letter to me late on Thursday evening, and I replied immediately to confirm that what I had said in the House at Question Time represented my view in all respects. I have myself since then been able to examine the account written by the Press Association of the official briefing on Thursday morning, and this contains no offensive personal reference to Sir Peter Ramsbotham. The Press Secretary at No. 10 issued a personal statement "on the record" on Friday morning to this effect. During the past weekend further Press reports appeared alleging that the personal remarks about Sir Peter Ramsbotham were made subsequent to the official briefing, in private conversation. By their very nature, it is impossible to prove or disprove these charges. In these circumstances, I think it right, therefore, to say to the House that I do not hold these views about Sir Peter Ramsbotham; and I should perhaps add that he himself is in no doubt about this, since I telephoned him immediately last Thursday, after the stories had appeared, in order to assure him of my confidence and to confirm that the reports I have referred to do not reflect the views of Her Majesty's Government."bears all the marks of being governmentally inspired".
Is the Prime Minister aware that we welcome his statement, the fact that he recognises Sir Peter Ramsbotham's distinguished service to this country, and the fact that he has no criticism to make of him and, therefore, totally dissociates himself from all the stories which have appeared in the Press? However, in view of what the Prime Minister subsequently said, how does he explain the remarkably similar stories written by reputable journalists appearing simultaneously in London and the provinces last Thursday afternoon?
Is it not a fact, bearing that in mind and realising that the Prime Minister knows these matters just as well as the rest of us do, that this is a sordid and disreputable affair, for which he should now, as the Head of the Government, apologise personally and have the courage to do so?My view, having read the stories in the two evening newspapers, is that they do not coincide. What coincides is the headline. What is interesting is that the headline first appeared in one of the newspapers and then appeared in a later edition of the second newspaper, not having previously appeared in it. Whether that is coincidence or not, I do not know, but that is as far as I can go on the fact of the headlines of the stories.
As regards the particular concern of these matters, the Press Secretary at No. 10 is a reputable and honest man who stands high in the calendar of all Press secretaries. Everyone who has dealt with him knows that to be the case. I have gone as far as I can in respect of this gentleman, who is a civil servant and who has told me, as far as he can recall, exactly what happened. I say to the right hon. Gentleman that there is nothing to apologise for. I have given a full explanation. Sir Peter Ramsbotham knows what the facts are, and I think that we should leave it there.Would my right hon. Friend agree that our primary concern in these matters should be the effect that they have on the Labour Party membership? Does he recall that when he defeated our right hon. Friend the Member for Ebbw Vale (Mr. Foot) for the leadership of the Labour Party he was able to achieve a large degree of unanimity behind his leadership, because associated with his victory was the idea that now the Labour Party was to break from the Oxford-based intellectual elitism which has so long dominated the Labour Party and that, therefore, many of us on this side placed our trust in his leadership to take the Labour Party from that sort of intellectual grip?
Therefore, will the Prime Minister now say that he has not abandoned those original ideas of making a break from the conventional appointments of the past and that he can now give leadership to the Labour Party by saying that we shall have a more imaginative approach, that we shall search out the magnificent talent that there is, up and down the country, prepared to support the Labour Party? Will he not agree that now is the time to reach out and bring those people into government, so giving a fresh start and stimulus to this country?I am sure that the Labour Party membership would not want an unwarranted personal slur to lie against the name of any of Her Majesty's ambassadors. That is the subject of the statement that I have made today. My hon. Friend's other questions go much wider. Perhaps we can deal with the appointment which has been made, if hon. Members wish it. I did not think that the appointment which has been made was a conventional appointment from the past. I thought that it did recognise the talent which exists up and down the country.
Is the right hon. Gentleman aware that the Press Association Political Correspondent reported at 12.23 p.m. on Thursday that Mr. Jay had got the job because the Foreign Secretary was
and that he felt that"… unhappy about the way in which the embassy was being run"
Does that accurately reflect what the Prime Minister's Press officer said at his Press briefing a few minutes earlier?"… it was completely out of tune with modern Britain"?
I have answered these questions as well as I can. It was the hon. Gentleman himself who named Mr. McCaffrey as the originator of the smear campaign, yet he himself has the impertinence—[HON. MEMBERS: "Answer."]—to complain about attacks being made on Sir Peter Ramsbotham. Mr. McCaffrey is a civil servant, who, as the hon. Gentleman knows very well, cannot complain. That is by way of preface, because the hon. Gentleman's rôle in this has not been a very honourable one. [HON. MEMBERS: "Withdraw."] As regards what has been reported, all I can refer to is the account given by the Chief Political Correspondent of the Press Association. Any stories that were written were based on that account. I can go no further than what I have said.
On a point of order, Mr. Speaker. The Prime Minister has alleged that my rôle in this matter has not been a very honourable one. He has referred to what I said a few days ago. After I had received his letter in reply to mine on Thursday night I said:
"I regret that the Prime Minister did not repudiate"—
What is the point of order?
I said,
We wish to hear what the facts were."I regret that the Prime Minister did not repudiate the smears against Sir Peter. I understand that they were based on a briefing given to the Press by the Prime Minister's Press Secretary."
Further to that point of order, Mr. Speaker. The letter I had from the hon. Member for Blackpool, South said that he deplored the fact that "this smear campaign"—that was the first time the word "smear" had been used—
Before any inquiry could be made, at the end of his letter he said,"bears all the marks of being governmentally inspired".
He sought the publicity. He sought to implicate those who could not answer back."We are sending a copy of this letter to the Press."
Further to that point of order, Mr. Speaker. You will recall that in the previous Session you ruled that it was not in order for one hon. Member to suggest that another hon. Member was not honourable or that his conduct was not honourable, and when I used the phrase in connection with the hon. Member for Fermanagh and South Tyrone (Mr. Maguire) you, quite rightly, asked me to withdraw it.
Order. Everyone knows that the rules of this House are that it is out of order to cast a reflection on the personal honour of any hon. Member.
Withdraw.
What I said was that the hon. Member's rôle was not very honourable. [HON. MEMBERS: "Oh!"] I do not want to impugn the hon. Gentleman's honour. Everybody knows his reputation in this House. I hope, too, that he will not impugn the honour of the Press Secretary at No. 10.
Is my right hon. Friend aware that the House and the country will have noted with interest the conversion of the Tory Opposition, who have stopped hammering and attacking the Civil Service and have now come to their aid? No doubt the Tory Party would have done exactly the same thing if the reputation of a Whitehall charwoman had been at stake. Would my right hon. Friend not agree that the statement made by the present Ambassador to the United States makes it clear that he has not shown any of the vindictiveness displayed by right hon. and hon. Members of the Opposition? He has not behaved in their frenetic manner. He is a far better example of how this matter should have been handled. Would my right hon. Friend not further agree that the statement by the current Ambassador to the United States ought to be accepted by all sides so as to give the new Ambassador a fair chance to make his way in his important task?
I have known and worked with Sir Peter Ramsbotham in harmony and amity for some years. I am on close terms with him as a colleague from when we were both at the Foreign Office. He has behaved in this matter as I expected he would. He has been generous in his comments about his successor and he has refrained from embroiling anyone else. When I spoke to him on Thursday night, as soon as I saw the reports in the newspapers, which I must say distressed me very much—[Interruption.] I would not expect the hon. Member for Chingford (Mr. Tebbit) to understand what I am trying to say. I immediately telephoned Sir Peter because although I knew that he would not have seen the papers, I wanted to assure him of the position as far as I was concerned. It is in the interests of this country in the United States that this should not become a party row.
You started it.
It is our representation that matters, and Sir Peter Ramsbotham has generously indicated what he thinks about that.
Does the Prime Minister not realise that there remains a strong contrast between what he has said and what has been said by my hon. Friend the Member for Blackpool, South (Mr. Blaker) about the report of the Press Association? The report of the Press Association seemed quite clear, and I must say to the Prime Minister that, to all reasonable people, it did direct itself towards a Government Office and most probably to his. In the light of that, can he not please relieve the mind of the House? The House must be concerned that there has been what can only be characterised as a thoroughly bad bit of work here. The Prime Miniser has inadequately replied to the issue.
I am not sure to what further point I can reply. Of course this was directed at No. 10, and it was the No. 10 Press Office which gave the Press briefing. I have gone through the steps in sequence. I have explained that the official briefing contained no offensive personal reference. I have explained that, after the hon. Member for Blackpool, South had made his allegations, a personal statement was put out by the Press Secretary. I have explained that there were further indications given, saying that this did not take place in an offical briefing but took place in a private conversation. I have said that it is impossible to prove or disprove that. For all of those, whoever they may be, who have told the right hon. Gentleman that the reference did occur, there are others who are equally willing to say that it did not and that they heard nothing of the sort said. It is impossible to prove or disprove. That is why I came to the House to make a statement about the Government's attitude to Sir Peter Ramsbotham. I suggest, with respect, that that is the proper thing to do. I cannot explain any further than that.
Is the Prime Minister aware that we regard his statement as being what is owed to the present Ambassador and what is owed to the incoming Ambassador and that we accept it in that light? Will he accept that there is this grave disquiet about the coincidence of the reports in the two papers? While it is not unknown for papers, particularly those with flagging circulations, to be adept at picking up what other papers have printed—on the basis that they do not want to waste good "agony"—is not the coincidence of these reports extraordinary? While we accept everything that he has said about the official briefing, will he give an undertaking to the House that he will continue his investigations as to how these ideas were reported as being the thoughts of the Government while the Government deny that they ever existed?
I have not asked the editors of the newspapers how one of the papers came to change its headline in a later edition. I do not think that that is my job. I have gone as far as I can in explaining fully to the House what I know took place. I cannot pursue these matters any further than that. The Lobby system is regarded in two different ways. Some people think it works; some people think it does not. I do not think it worked very well on this occasion, I must say.
Would my right hon. Friend agree that many of us feel that both the Ambassador-designate and his distinguished predecessor are emerging with more credit out of this business than many of their so-called champions or detractors in this House the longer this silly and demeaning business goes on? Would he not further agree that there is a contrast, which we have to draw, between him speaking frankly on Thursday of last week about a somewhat agonising dilemma which he faced and the unattributed briefing upstairs? Do not these unattributed briefings, given by people who cannot be named to people who cannot answer back, inevitably lead to misunderstanding? Should we not have more of the former and fewer of the latter?
I think that after this last incident there is a case for looking at these arrangements again. I am attracted—I think that it is because of my own temperament—to having public briefings and not private briefings, because, with respect, I am not terribly ashamed or afraid of what I say on these matters and I am happy to have it published and printed. There is a longstanding convention. I know that attempts have been made to alter it in the past. Both sides had better reflect on what happened last week and see whether the system can stand up to it.
Is the right hon. Gentleman aware that, in view of some of the things that he has said, no one on the Opposition side of the House is wishing in any way to make the situation more difficult, either as far—[Interruption.]—no, hon. Members will just have to listen until I have finished—concerning either the present Ambassador in Washington or the future Ambassador in Washington? Many of us on the Opposition side of the House have never commented on the position of the future Ambassador and recognise that, as a person, he may do an extremely good job there, but we are concerned with quite a different point.
The right hon. Gentleman has not answered my hon. Friend the Member for Blackpool, South (Mr. Blaker). The right hon. Gentleman has not answered the fact that there were remarkably similar stories written both in London and in the provinces by reputable journalists. We are not going to argue against the Press Office at No. 10, but the right hon. Gentleman is responsible for the whole Government. There has been a mistake. There has been a very sad and unhappy episode. Does the right hon. Gentleman not owe it to the House and the country personally to take responsibility for it and to apologise for it?I am not clear as to the particular point about which the right hon. Gentleman wants the apology. [Interruption.] However, as far as I am concerned, I am ready to accept, and I have accepted full responsibility for it. I cannot say what has taken place in private conversations, of which there are apparently two versions. I do not know, and never will be able to find out, what has taken place in those particular matters.
As far as the other matters are concerned, it seems to me that this calls into question the nature of the briefings that are given and those who receive them, and it is to this that I think that we had better direct our attention in the future. Last Thursday I came to the House and gave my spontaneous reaction to a question that I was asked. This afternoon I have given as much information as I can about the events that have transpired since. I cannot give more.
rose—
I shall call one more hon. Member from each side of the House.
Does my right hon. Friend agree that the phoney fury over this appointment illustrates something that we all know too well—that we should believe less and less of what we read in the newspapers?
I think that it depends how much I know of the story how much I believe, on the whole. But, no, I would not want to destroy faith in the newspapers. Some of them have printed the accounts very fairly and without much prejudice, but certainly one on Saturday morning distinguished itself by the way in which it got down in the gutter about the Press Secretary at No. 10.
Is the right hon. Gentleman aware that, while we are pleased that it has been stated that no Minister has said anything or directed anyone to say anything derogatory about Sir Peter Ramsbotham, many of us who have benefited from the wisdom and advice of Sir Peter in both Iran and Washington, will deeply regret that his considerable talents are now to be confined to Bermuda?
Yes, I understand that, but, as was said at the time when the change was made, it was thought that there was a case, after three years, for a new approach in Washington. That has been the Government's case, and that is the Government's case as it stands. All Governments are entitled to take that view and to present a different picture at the time. There was no reflection on Sir Peter at all, and he is going to a very important post.
Police (Pay And Conditions)
4.4 p.m.
I beg to move,
I hope that hon. Members on both sides of the House will feel that it is timely that we should be debating the police today, for we have reached a point at which no one is happy. I do not believe that the Home Secretary, Ministers in the Home Office or the Government can be happy to be in dispute with our police forces. We of the Opposition are certainly not happy about the sequence of events which has led to this dispute; the Police Federation, the negotiating body for the vast majority of policemen, is also most unhappy; and, most important of all, the rank-and-file members of the police force believe that the current situation is intolerable. I hope, therefore, that with a constructive discussion today we can go some way towards resolving a most difficult and potentially dangerous situation. The current position is that the Government are in a state of deadlock with the police. Talks have broken down, the Government's pay offer is considered to be unsatisfactory by the Police Federation, and the Federation has left the Police Council where these discussions take place. Clearly, some way must be found out of this impasse with honour and with fairness for all. Of course, this situation has come about because of the Government's pay policies. There is no point in my mincing any words over this. But it is not because our police forces are suffering the same equality of misery which is common to the entire work force of the country as a result of the social contract that I have raised this matter today. It is because I believe that the grievances of the police are genuine and that their situation has not been considered in a fair and just manner that I have put down the motion on the Order Paper. Perhaps I could start by commenting briefly about "special cases". I am not sure that this phrase does not by now qualify as one of the most overworked phrases in our industrial vocabulary. Every section of industry considers itself to be a special case when it comes to a pay claim. Perhaps the furthest back that I can remember is the nurses in the early 1960s, followed in almost endless succession by the dockers, the miners, the engineering workers, the electricity workers, the toolmakers, the seamen and so on right through the industrial vocabulary. Let me say that I do not believe that in this particular context the police are a special case, because that is to confuse the issue. What I am certain of is that they are a different case from all the others I have mentioned, and I shall try in a few words to explain why. It has always been accepted that our democratic society must be protected. For our society to remain free, those whom we charge with our protection must not only be, but must be seen to be, independent, in so far as it is possible, of political interference. Thus, our Armed Forces which protect us from external threat have always been prevented, as a condition of their service, from taking part in industrial or political associations, so that it is clear to our people that they are impartial and totally subject to the authority of the democratic Government of the day. But the consequence of this is that, if they are to be independent of industrial associations, no one can exert industrial pressure on their behalf, nor can they do so themselves. I do not think that there are more than one or two people in the House who would wish it otherwise. On the other hand, we have a complex system of industrial bargaining headed by powerful trade unions which negotiate with Governments and within industries for the living standards of their workers. In between these two quite easily-defined extremes lie such services as the police. But here is the first fault of the system. Neither are they taken care of and protected as far as their pay and conditions of service are concerned, as the Armed Services are by the Government of the day, nor can they freely negotiate their pay and conditions of service in the industrial market place, as can those who are affiliated to the trade union movement. Since it is inconceivable to me, and, I suspect, to many of my hon. Friends, that we could still maintain the atmosphere of a democratically sensitive police force if policemen were to compete at the same time in the industrial jungle, it seems clear that they must, as an alternative, be given the same, or roughly similar, independent and fair treatment as we accord to our Armed Services. The price we must be prepared to pay to maintain independent and politically neutral police forces is a guarantee to those who serve in them that their pay and conditions of service will be independently assessed without recourse to the industrial struggle of the moment which exists, and rightly so, as part of the free collective bargaining element of the trade union movement. Surely, no right hon. or hon. Member could contemplate other than with utter horror the prospect of industrial action by our police forces. Indeed, the only right hon. Gentleman who has so far said that he could do so—the Lord President of the Council—left the Chamber, not insignificantly, a moment ago. We have shown that as a nation we can, if necessary, survive without coal, without heat, without transport and without many of the other services which we consider to be essential but which, under hardship, can be forgotten. But one thing is clear to me. We cannot survive without the protection of the law, and neither can we survive in the domocracy which we now know without both a stable and a politically impartial police force. Lack of coal or lack of heat merely makes us uncomfortable. Lack of law and order destroys the very fabric of our democracy and is a totally unacceptable prospect. In trying to analyse how the present state of affairs has come about, I realise that the factors which make up a policeman's pay are complex, as are the values to be placed on the various aspects of a police officer's service. Indeed, not only are they complex in themselves but they impinge to an extent—to a minor extent, but nevertheless materially—on other organisations as well, since such ancillary police forces as exist throughout the United Kingdom, in the Channel Islands and the Isle of Man as well as within the Ministry of Defence, will have any settlement of theirs consequent upon whatever settlement is reached for the regular police forces of our country.That this House, appreciating the genuine grievances of the police forces over their pay and conditions of service, urges Her Majesty's Government to settle the current dispute fairly and quickly; and calls upon the Home Secretary to set up without delay an independent inquiry into the Police Council and the future method of assessing a fair and just wages structure for the police forces.
I am glad that my hon. Friend has referred to the Ministry of Defence Police, because among all our police forces there can be no other group of officers who can claim with justification to have been more unjustly and unfairly treated. Is my hon. Friend aware that the Ministry of Defence Police have had their claim outstanding since June 1975, before the introduction of the present pay policy? Their claim was based on a letter to them by the Civil Service Department as long ago as spring 1974; yet still the Government have not lived up to the commitment which was made to them about pay.
I know that my hon. Friend takes a close interest in this matter, and I hope that the Under-Secretary of State for the Home Department will pass his remarks on to her colleagues in the Ministry of Defence. I know that it is a very serious matter.
My hon. Friend has reinforced my argument. To analyse the matter more fully would take more expert knowledge and experience than I possess, so I do not intend to wade through the small print of the pay claim, although I have no doubt that my hon. Friend the Member for Bury St. Edmunds (Mr. Griffiths) will have more to say in detail about the justice of the police pay claim if he catches the eye of the Chair. Suffice it to make one important point and then to put some flesh on the bare bones of the argument by giving some examples that I have obtained at first hand from policemen with whom I have talked. When the Royal Commission on the Police reported, it set the average wage of a constable at 4 per cent. above the average earnings of an adult male in industry. When police pay was restructured, it was done on the basis that the average policeman's wage should be 104 per cent. that of the national average. One of the chief complaints that brought about the current dispute is that the pay of the police has fallen behind that of everyone else, and the situation is no longer tolerable. It is now a fact—I assume that it is a fact, because the Government do not deny it and it has been stated often enough—that the average police constable now receives 82 per cent. of average male earnings. The Minister still does not deny that, which reinforces my belief that it is a fact. Whether we are talking about a pay pause or about phase 1 or 2, surely no Government can tolerate such a comparative lowering of standards for their public servants. It hardly needs to be said that no trade union leader would be able to tolerate such a situation and still keep his job. If our policemen are now receiving nearly 20 per cent. less than the average wage, and the public are made more aware of this, surely any adjustment that has to be made to correct this imbalance will have the full support of the vast majority of our people. During a series of meetings that I have held with groups of policemen in my constituency, they have shown me their pay slips. Whatever figures are bandied about by one side or another, I can only report that a constable who lives near me, who is married, with two children, and has seven years' service, is taking home just under £40 a week. From pay slips provided by my right hon. Friend the Member for Chesham and Amersham (Sir I. Gilmour), I have the following examples. A single man, an ex-cadet, 19 years of age, is taking home £149·21 a month. A married man with two children, 36 years old, with six years of police service, has take-home pay of £180·87 a month. A single man, 26 years old, with only 15 months' police service, has take-home pay of £119·82 a month—that is, just under £27 a week. One policeman told me rather ruefully that were it not for his £1 a week bicycle allowance that he receives as a village bobby he would qualify to apply for family income supplement. Here I must draw attention to a most extraordinary remark made by the Under-Secretary of State for the Home Department on 5th May in reply to my right hon. Friend the Member for Penrith and The Border (Mr. Whitelaw):Indeed, there is no shame to a police officer who has to claim it. The shame belongs totally to Ministers who still tolerate a pay level at which police officers have to resort to such claims because they are so badly paid. I have one more example which gives even more cause for alarm than the others I have given. It concerns another village policeman living in a village five miles from where I live. On his day off, when he was in his garden, the telephone rang. The caller, someone in the village, told him that there had been a break-in and that about £5,000 worth of goods had been stolen and asked the police to come. The policeman, because he was off duty, was under no obligation to do anything, but he telephoned to his headquarters in Aldershot, reported that there had been a theft and said that police assistance was required. He then went back to his garden. Half an hour later the caller rang again to repeat his request and asked where the police were. The policeman again contacted his headquarters in Aldershot and asked why no police had arrived. He was told that there was only one panda car on duty in the entire rural area. The officer at headquarters said "I am afraid that I cannot get the constable on the radio because he is inside a council house attending to a family dispute." One hour after the crime, the citizen rang again. The policeman changed out of his gardening clothes, put on his uniform, went on his motor cycle to the scene of the burglary and stayed there until police reinforcements arrived. At the end of the affair he reported the matter to his headquarters, as he was in duty bound to do, and stated that he had done three hours' overtime. Not only was he not paid any overtime but he was admonished for having gone along on his motor cycle while off duty and he was warned that if he had been involved in an accident he would not have been covered by insurance. That is a true story. At the end of relating it, the police officer asked "What am I to do the next time this happens?" I said "What will you do next time?" and he replied "Of course, I shall turn out. I am the village policeman, and it is my duty." The reason why he could not be paid is that overtime in the Hampshire force is limited to half an hour per man per month. That has been caused by financial cut-backs. When overtime is cut back in other industries, those who want to supplement their earnings because they have to take a loss are free to take an evening or weekend job—moonlighting, it is generally called."But I do not think that anybody should be ashamed of claiming family income supplement. It is not a matter either of pride or of shame."
Has not the situation been aggravated by the Government deliberately fiddling Government funds adversely to rural areas in favour of certain large conurbations, plus Wales?
That is one of many factors leading to this deplorable situation.
The hon. Gentleman is making cheap points.
I am making not cheap points but real live points. If the hon. Gentleman thinks that the points I am making are cheap, let him stand up and say why.
I was referring not to the hon. Gentleman but to his hon. Friend the Member for Tiverton (Mr. Maxwell-Hyslop).
To come back to the question of supplementing reduced pay, workers in other industries can do it but the police are forbidden to do it. This was pointed out by a police constable who showed me an advertisement in a local paper for casual agricultural labour putting up hop wires and poles for the coming season. He would not have been too proud to do it in his off-duty hours to earn a little bit extra, but he is not allowed to—rightly, in my view—nor should he be in a financial position in which he needs to take on casual work to eke out his income. The point was not lost on him that the advertisement offered £1·35 an hour for this casual labour and that his basic hourly rate as a regular constable is £1·33. Somewhere our priorities are very wrong.
Where do we go from here? I believe that the most pressing need is to restore the confidence of our police force and to ensure that the police understand that no Government will stand by and accept that their loyalty and devotion to duty are to go unrewarded. That must be the first priority, because I believe it is generally considered that the morale of our police forces is lower now than it has ever been, at a time when crime is at its highest-ever level. The Home Secretary can go a long way in restoring morale simply by carrying out his pledge to set up an independent inquiry to examine both the structure of the Police Council and the whole question of police pay and terms of service. I can think of no reason why the Home Secretary has not done that, because it is a gesture that would cost him nothing and would be proof of his good faith. There cannot be a shortage of people of calibre, good will and independent mind who would be prepared to carry out this task quickly and effectively. Secondly, the Home Secretary must come up with a formula for an increase for the police which, if it does not satisfy them totally—and I think we must accept that—will at least prevent them from feeling, as they do now, that they have been treated worse than any other sector of our society during the past two years. There must be ways in which that can be brought about, because we have seen how the Government have managed to produce formulae which they have found to be acceptable within their own pay policy. If arrangements could be found whereby the extra allowances for the seamen were not contravening phase 2, and they were taken with firm promises for phase 3, given the Government's good intention surely such a formula can be found for the police. In this respect I add one note of caution. This is a purely personal view, but I hold it strongly. There has been talk of a special element of pay being awarded as "danger money". I feel that in the long term we should regret such a special payment. It is not impossible that many people will take the view that when the police were suffering assaults in their attempts to uphold the law such sufferings could be described as "that is what the police are paid for". We all remember the infamous photograph of the policeman being kicked in the face during the riots in Red Lion Square. To acknowledge that we accept that the police are subject to such painful, dangerous and outrageous assaults by "paying" them for such assaults would not, I believe, be a helpful ingredient in the attitude and relationship with the general public that any benevolent police service seeks to achieve—and in which ours excels. That is not to say that physical hazard cannot be included together with other elements as part of the service that we accept from our police officers, and for which we are prepared to pay them, but I do not believe that danger money as a separate element is in essence a good solution. I hope that by the end of this debate we can hear that the Government have resolved to assure our police forces of their good faith. I hope we can hear that the Home Secretary will delay no longer in setting up an independent inquiry and putting it to work. I hope we can hear that Ministers will spare no effort to devise some formula to bring justice to the police in phase 2 and promise them compensation for the hardship they have already suffered when we come to phase 3. I hope that in return the Police Federation will be prepared to return to the negotiating table, because it will have made its point, and all parties to this dispute, including the Police Federation, will need to show magnanimity and good will to resolve it. If those four simple aims can come about, I feel that today's motion will have been worth putting on the Order Paper.rose—
Before calling the next hon. Member I should inform the House that Mr. Speaker desires me to remind hon. Members that this debate may continue until 7 o'clock. The matter is in the hands of hon. and right hon. Members, because there is a considerable number of hon. Members who wish to speak.
4.26 p.m.
I congratulate my hon. Friend the Member for Petersfield (Mr. Mates) both on the subject that he chose for today's debate and on the reasonable and eloquent terms in which he proposed the motion.
I understand that the Home Secretary has another important engagement this afternoon and will not be present in the Chamber. I regret that particularly because it means that the Government will have nothing of any importance to say. I have a feeling that if the Government had something important to say this afternoon in reply to the debate the Home Secretary would have been here. I regret the absence of the Home Secretary because the country is witnessing what is happening to an important element in our society where there has been a considerable loss of morale, a considerable feeling of grievance which many people looking at the position objectively feel is justified. The position statistically would be shown to be very much worse were it not for a number of factors. The first factor is that although when one looks at the establishment of the police and compares it with the numbers serving in the police forces throughout the country one finds that in many areas the difference between those serving and the establishment strength does not look too great, one of the main reasons for that is that many establishments have not been revised to the degree that they should have been. In West Mercia, where there has been a considerable shift of population into the area, there has been no increase in the establishment of that force. If one were to bring the establishment up to a sensible and real figure, the present position would show a real deficiency. What is alarming—and it should be alarming to the Home Secretary and the Government—is that the areas in which recruitment is worst are those where crime is at its worst. It is of little use the Government constantly talking about their intentions to assist the inner city areas, when in nearly all the major inner city areas where crime is prevalent the police force is remarkably under establishment. The duty to soilve the problem lies heavily upon the Government, but there is no indication at the present time that they have tthe will and enthusiasm to solve it. The other factor which conceals the true position is the very high level of unemployment. If we were living through the traditional full employment pattern which operates in Britain in a post-war era and were treating the police as shabbily as we are now, the loss in numbers of police officers to other industries would be substantial and there would be a marked lack of recruitment. Therefore, we have the remarkable side of a Labour Government relying to some extent upon their success in creating record post-war unemployment to ensure that the manner in which they have treated the police does not have such detrimental effects as it would normally have had in our post-war society. Right hon. and hon. Members will know that basically I have been a supporter of this Government and the previous Government, in present economic circumstances, having to pursue an incomes policy. There is some excuse, if an incomes policy is introduced in an emergency and sterling crisis, for the first phase of the policy to be unfair and unreasonable and to create all sorts of mistakes and hardships. If the Government then decide to continue with an incomes policy for a second year, they have plenty of time to consider the areas where they—the Government—have a measure of responsibility. They must consider the Armed Services, the health services, the country's key industries and, above almost everything else, perhaps, with the exception of the Armed Services, the police forces and law and order. By having gone through phase 1 and a year later agreeing to a phase 2 that could not and would not deal with the genuine grievances of the police, the Government have much to answer for, and they must be found guilty of doing much damage to the police. The Government appear to be approaching a phase 3 of the incomes policy, and the fact that they have not made abundantly clear the way in which they intend to deal with a vital sector—the police—is a further criticism of their lack of recognition of the gravity of the problem. Morale in the police forces is very low. In spite of high unemployment elsewhere, we are losing some of our best officers. We are in a period, not just of high crime, but when crime amongst the younger element in society is at a staggering peak. Teenage crime in London, Birmingham, Liverpool, Manchester and Glasgow is at such levels that we must have the full establishment in the police forces in the areas concerned and have police of very high calibre and quality. I deeply regret that the Government have lingered as they have over this issue and that the absence of the Home Secretary today indicates that they will linger a little longer.4.33 p.m.
There can be no doubt about the extent and strength of the discontent which exists amongst many members of police forces. For policemen in places often far removed from industrial disputes such as my own county of Northumberland, including policemen in rural areas, to take part in ballots and to register votes to the effect that they would be prepared to consider strike action and would like the power to do so indicates a state of feeling that should not exist in police forces. This is action taken by policemen who have no wish to strike and who would not have wished to create a situation which allowed them to do so if they had not felt deeply that they have been treated badly and have not received their fair due.
In a situation where feelings are runing so high, it is very important to be absolutely clear about the facts and that everybody concerned is in a position to know them. I am not sure that that is the case so far. That is why I am particularly grateful to the hon. Member for Petersfield (Mr. Mates) for bringing this subject before the House today. That is also why I support his demand for an inquiry into future procedures surrounding police pay. However, I believe that a more impartial and objective inquiry into the present situation, as well as the future position, is called for. There are so many confusions. The Police Council has stated that the average weekly pay of a police constable is £80. The Police Federation has stated that the average weekly pay is £70. The position is further complicated because some insist on talking about net, take-home pay, whereas others talk about gross pay. The Police Council has stated that the average weekly pay of all ranks from constable to chief inspector is £90 a week. The Police Federation says that the average weekly pay of those ranks is £75 a week. Which of those is correct? Much confusion exists. The situation has been aggravated by the reduction in overtime which has occurred throughout the country. This has had a marked effect, although more on uniformed men than on detectives. About one thing there is no doubt. In 1974, police pay had fallen substantially below average industrial earnings. The working party which then considered the matter reached the conclusion that a catching-up operation should take place. Before it was implemented, the first phase of the pay policy limiting increases to £6 a week came into effect. The policy pay award was specifically exempted from the White Paper. It is around the implications of this that the whole current issue centres. The Home Office argument is that, instead of their being limited to £6 a week, police officers were given a very much larger rise. The Police Federation's case is that police officers were entitled to the rise as a catching-up operation and that they should have been given the £6 a week in addition and, after that, an award under phase 2. Was anything agreed at that time? That is surely a crucial question. Was anything said by the Home Office, publicly or privately, which could have led the Police Federation properly to conclude that police officers were not entitled to an increase of £6 a week? Or rather, was the Federation entitled to assume that it could claim on behalf of police officers a £6 a week increase in addition to the catching-up amount? That fact should be brought out. If it cannot be brought out today, it will strengthen the case for an impartial inquiry. It is clear that the leaders of the Police Federation have genuinely proceeded to argue on the assumption that they were entitled to make the £6 a week claim and that such a claim was not affected and should not have been affected by the effects of the working party's findings.Is the hon. Gentleman aware that a very large number of police authorities appropriated the £6 to police pay?
I am aware of that. It underlines the confusion which arises amongst people who are well familiar with police negotiations and who would be expected to know all there was to know. It leads one to suppose that there was no understanding, no suggestion, nothing that the Police Federation should have taken into account in its discussions with the Government at the time.
The onus is on the Government to say whether they came to any agreement which would limit the powers of the Police Federation to negotiate under stage 1. If not, the case of the Police Federation seems to me to be very well backed and strengthened. The suggestion of the Home Office is that the whole matter can be adequately dealt with by generous negotiation under phase 3. As we do not know what stage 3 of the pay policy will involve, it is rather difficult to ask the police to rest their faith in that statement and at the same time to give up a principle. The onus is on the Government to state reasons why the police should be obliged to do that. What happened in 1975 is obviously important. To sum up the position as I see it, first there is no doubt about the deep sense of grievance and about the pressure which the leadership of the Police Federation is under from its members to get the matter resolved. It is based on a feeling that they have been cheated of what they should have. It is compounded by the reduction in overtime. Of course, the fact that no stage 2 increase is in the pockets of individual policemen because of the line the Federation has felt it necessary to take adds further to the sense of grievance and the practical difficulties of ordinary policemen and their families. Clearly, there is real doubt—"disagreement" would be a better word—about what was said or agreed in 1975, This is at the centre of the issue. There is a feeling among the police that to wait until stage 3 would be to give up a principle and to risk losing out financially. The Government are asking a lot if they are expecting the police to act on that assumption. There is great danger of the tradition of loyalty and service within the police being shaken, and that tradition is something that the Government, the official side and the Police Federation's negotiators must all seek to defend by avoiding anything misleading. For these reasons, it is particularly important to get the facts of the situation clear.The hon. Gentleman talked about the Home Office being misleading. Where has it ever been alleged, and where has the hon. Gentleman his authority for saying so, that the Police Federation was misled by some assurance, given at the time of the 1974 negotiations, that the police would ultimately get the £6 in the following year?
The hon. Gentleman is no doubt in a better position to know what the Home Office thought at that time. There is no doubt of what the Police Federation thinks. It thinks that it was free, having dealt with the earlier falling back in the position of the police, to proceed under stage I of the pay policy. The hon. Gentleman may argue that it was not free to think that that was so, but it is claimed that the Police Federation had no reason to believe that it would not be able to proceed under stage 1. If I am mistaken in this supposition, the Government should say so.
I am not saying that the Police Federation has not taken that view from an early stage in the negotiations for the £6 limit. It did take that view. But where has it ever claimed that it was told that, in addition to the 30 per cent. increase, the police would in the subsequent year be entitled to claim £6 a week? Where and when was that assurance given?
Why should the Police Federation have had to receive any such assurance to adopt that negotiating stance? In the discussions in the previous years it had assumed, as everyone did, that the proceedings of the working party were unrelated to stage 1 of the pay policy. It was the Government who, by the dating of the pay policy, found themselves in the position that the working party report was caught in the dated period. The onus is on the Government to give a reason why the Police Federation should not have assumed that it was entitled to make a claim for the police for the £6 a week. That was the Police Federation's reasonable assumption.
I ask the Government to do their best to clear up this part of the situation. It does no service to the police to have working police officers thinking that they have been cheated and deprived of something to which they are entitled. If there was no agreement, or if there is anything which undermines the police claim, let us get it clear now, but so far nothing seems to have emerged to undermine it. What I say now is in no way directed to the hon. Member for Petersfield, whose remarks were directed towards finding a solution to the dispute. There will be danger if we ever try to make this matter into a party issue, and I hope that we can avoid doing so. All Governments run the risk of disagreement with the Police Federation, and all Opposition parties would like to be seen to be the policeman's only friend. But it is in the interests of all of us that the police should continue to enjoy their untarnished reputation as impartial upholders of law and order under any Government that democracy produces and that they should be ready to serve the elected authorities, whoever they may be. We sometimes forget that and we forget it at our peril.4.43 p.m.
I congratulate my hon. Friend the Member for Petersfield (Mr. Mates) on initiating the debate. I had thought for a moment that the hon. Member for Liverpool, Walton (Mr. Heffer) would be called ahead of me. I do not always agree with him, but I respect his sincerity. It is unfortunate that there are not many hon. Members behind the Under-Secretary of State to support her. I am sure that that will be noted in the places where it matters. The Chair has appealed to those hon. Members who are called in the debate to make reasonably short speeches, and I shall attempt to keep mine brief.
I agree with my hon. Friend the Member for Petersfield that morale in the police force is perhaps at an all-time low. There are great feelings of bitterness amongst officers at the inept way in which the Home Office and the former Police Council have handled the issue of police pay. My hon. Friend related some of the history of the matter. In 1974 the Police Council set up a working party on police pay. The outcome, published in March 1975, was that there should be an award averaging £10 a week for all between the ranks of constable and chief inspector. Here we come to the crunch in the present difficulties. It was between the negotiation of this award, on 4th June 1975, and its starting date of 1st September 1975 that the Government instituted phase 1 of the current incomes policy, which limited wage increases to £6 a week with effect from 1st August 1975. The police at the time believed that the £10 award was to bring them into line and to correct the way in which police pay had fallen below average industrial earnings over the previous years. Therefore, it was with a great deal of astonishment that the police found that their application for £6 a week rise under phase 1 was rejected completely out of hand and they were told bluntly that the £10 award that they had received was a special concession and they were not entitled to any more. I believe it is from that situation that the present bitterness has arisen, because the police are comparing their plight with what has happened to other groups in the public sector. For example, the mine-workers, the power workers, railwaymen and teachers all received substantial increases during 1974 and 1975 but also got the £6 a week under phase 1. So the dispute has continued. In March last the Police Federation went to see the Prime Minister. I think that it hoped for some understanding from him, because it is not so many years ago that he was political adviser to the Federation. He held that position for some years. One would have assumed, therefore, that he would know a great deal about the problems of the police. If the reports about it are correct, the outcome of the meeting was that he said we had the best police force in the world but that its members could not insulate themselves from the national economy. It should be made clear that the police are not asking for privileged treatment. They are only asking for fairness compared with other workers. We have to cast our minds back to the 1960s. The Willink Commission concluded that the average pay of a police constable should be about 4 per cent. above the then average earnings of an adult male in industry. My hon. Friend the Member for Petersfield mentioned that by 1974 the ratio had fallen, so that the average pay of a constable was about 83 per cent. of average male industrial earnings. Then the award that the police got brought it up to 93 per cent. But by October 1976, the ratio was back down to 82 per cent. I have had examples in my area of the take-home pay that policemen receive. A policeman aged 26 with two children under school age and just under two years' service has a take-home pay of £144·33 per calendar month. A policeman who has been in the force for 15 years, four of them as a sergeant, takes home £219 per calendar month. We have to remember, too, that police officers have special conditions of service. They work unsocial hours. They do shift work. All this has an effect on their family life. They are not allowed to do another job in order to augment their income—"moonlighting", as it is called. If they are caught doing so, they are immediately put on a disciplinary charge. They must not engage in any activities that might prejudice their impartial performance of their duties. They must play no part in politics. On 5th May my wife was elected as a Conservative to a county council. There was nothing unusual in that—who was not elected that day as a Conservative? She told me that when she was out canvassing she met a number of policemen and their wives, and was impressed by the incredible bitterness that they felt at the way in which they had been treated. One of the most enthusiastic people canvassed by my wife left her in no doubt that he would vote for her. She asked him to put a poster in his window but he apologised and said that as he was a police officer he was not allowed to have political views. The police are constantly on standby duty—they always have to be available should the need arise. This obviously must cause disruption to their family lives. All uniformed officers in Manchester have had their next Sunday's leave stopped. The man who, having been told that he was off next Sunday, intended to take his family away for the day now has to disappoint them and go on duty because Manchester United is returning to Old Trafford—hopefully with the FA Cup—and all policemen must be on duty to look after the crowds that will assemble. It is a combination of social factors and conditions of service that make a policeman's position unique. No one can doubt the danger of the policeman's job. Last year there were 12,000 violent assaults against policemen, many inflicting serious injury and disfigurement. The difficulties that police officers face in the course of their duty are underlined by the figures showing the enormous increase in crime. In 1976 there were more than 2 million indictable crimes, compared with 500,000 in 1960 and 250,000 in 1939. No one doubts that the police have played their part in the battle against crime. I am particularly concerned about the growing militancy among policemen in this country. Recently eight of the country's 43 police forces balloted their members on the right to strike. They voted 3 to 1 in favour, which is a drastic switch from as recently as 1973, when Dr. Reiner, lecturer in sociology at Bristol University, conducted research on police attitudes. At that stage only 20 per cent. of uniformed constables supported the right to strike. Greater militancy reflects the view that in the absence of the right to strike police are very much in the lap of the authorities. I hope that the day will never come when the police will go on strike. That would be regretted by practically everybody—though there may be one or two exceptions. The Lord President, for example, has promised legislation next Session to give Post Office workers the unfettered legal right to go on strike. What would his opinion be if police officers went on strike in protest against his Government's incomes policy? The consequences of the present impasse on police pay are several. Recruitment has dropped, as my right hon. Friend the Member for Worcester (Mr. Walker) pointed out. Unemployment in this country is particularly high, and at a time of high unemployment one would suppose that a lot of people would be anxious to join the police force. But recruits of the right calibre are not coming forward in the right numbers Also, there is the serious problem of wastage. This is not a question of young men and women going into the police force, staying a short time and deciding they do not like it; the wastage goes right across the line. Men of considerable service are now leaving the police force purely and simply because they can earn more and can get better conditions in other jobs. Job satisfaction is vitally important, but it does not pay the rent, the mortgage or the food bill. It is necessary, if law and order in this country are to be maintained, to have a strong and contented police force. I hope that when the Under-Secretary replies she will give an undertaking that the Government will look sympathetically at police pay. I reiterate that the police are not attempting to break the incomes policy. They want the same entitlement under phases 1 and 2 as has been given to other groups of workers.4.56 p.m.
On many occasions I have met deputations from the police and sometimes I have not entirely agreed with them. Sometimes they have pressed me for the re-establishment of capital punishment or, in some individual cases, corporal punishment as well. On those occasions I have said openly, honestly, bluntly and fairly that I must agree to disagree with them. But I have also met deputations on police pay, and I have to tell my Front Bench quite bluntly that I feel that the police have a very good case.
I agree with the hon. Member for Berwick-upon-Tweed (Mr. Beith) that it would be regrettable if there were an attempt to make this a political argument. Our police, like everyone else, vote for differing political parties. I remember in one General Election campaign I jumped into my car and dashed out into a road. A police car followed me and stopped me. I did not notice whether I was speeding, but I thought that the incident would be all over the Liverpool papers the next day. Instead, the policeman got out of his car and asked me whether I had any posters so that his wife could put some up in her window.Not any more.
Maybe not, but they could then. That is an indication that not all our policemen adhere to the Conservative Party or any other party. It is important to look at the question of police pay on a strictly industrial basis.
I took note of the statements by the Prime Minister's office following the meeting with the Police Federation. That statement said that the police could not insulate themselves from the national economy and that any settlement would have to be within phase 2, which had been accepted already by almost 5 million workers. That is absolutely correct. The only thing is that the Police Federation is not a member of the TUC and it had no voice—by vote or otherwise—at the Trade Union Congress on whether the incomes policy should be accepted. Therefore, as the Police Federation does not have a voice in determining policy it is a bit difficult to tell it that, because 5 million organised workers—and it is now more like 11 million—in the trade union movement have accepted the pay policy, the Federation must as well. Many younger policemen, apart from arguing for the right to strike, have argued for the right to affiliate with the TUC. Personally, I would not object to that. I think that it would be very good and useful. As with certain Civil Service unions, it would not mean adherence to a party or paying the political levy. This desire will grow—there is no question about that. Anyone who talks to the police at grass roots level will know that there is a very strong feeling about pay and conditions. They cannot tolerate the situation much longer without taking some positive industrial action. We must recognise this feeling. I am not suggesting for one moment that any section should go beyond what has been agreed by the trade union movement, but I feel that the police have an important case, and I ask my hon. Friend to consider their problems very carefully. I do not go quite all the way with the motion, but I agree that the matter must be settled as quickly and as fairly as possible.With which part of the motion does the hon. Gentleman not agree?
The wording is
and so on. I am not certain whether that would be right or wrong, and I am open to conviction either way. But I agree that it is necessary to settle the current dispute fairly and quickly. I totally endorse that part of the motion and the sentiments contained in that part of it. I do not intend to make a long speech but I should like to refer to something that was said by the right hon. Member for Worcester (Mr. Walker). There is no doubt that in areas of high unemployment crime has increased. There is no doubt that crime in the inner cities has increased, particularly among young people, because they have no jobs, there is nothing for them to do, and they have not the income they ought to be having. In any case, there is very little for people living in that sort of cultural desert. It is a major problem and it will not be answered purely by strengthening the police force. There is a great deal more than that to be done. I found the section of the right hon. Gentleman's book dealing with the inner cities and so on a very interesting and very useful contribution to the discussion of the problem of the inner cities. I mentioned it in the House on Friday. I hope this does not make him blush, coming from me. We have the problem of increasing crime and vandalism on the council estates. We go to the chief constable or to the local people concerned and ask for the number of patrols to be increased. But then there are complaints from constituents living in the area, who say that some of their children are being picked up unnecessarily. There is pressure, therefore, from both sides, and that is the difficulty with which we are faced. We have to try to eliminate the need for extra patrols, and that means eliminating the growth in vandalism and petty crime—sometimes it is rather serious crime—in these areas. I believe that unless and until this issue is settled, there will be a growth of militancy among policemen. It is perfectly understandable. They are ordinary flesh and bone, the same as anyone else. If they see other workers fighting for their rights in an organised industrial way, it is natural that the police should want to follow the same pattern. There were police strikes in this country at the end of the First World War. It was a very serious business while it lasted and it could well be that unless we settle this matter we shall be moving very quickly into a similar situation. I urge the Government to have another look at the matter. I know that we are tied by the difficult problem of phase 1, phase 2 and phase 3, but I feel that the police have a case, as have many other sections of workers—it is not just the police. Nevertheless, it would be remiss of me, having often urged support for the claims of other workers, not to say that I believe that the police, too, have a good case, particularly in relation to their pay and conditions."to set up without delay an independent inquiry into the Police Council"
5.5 p.m.
:I was very glad that the hon. Member for Liverpool, Walton (Mr. Heffer) brought the police into the context of the various places in which they find themselves, for I also believe that their work would be lightened and made easier if we were able to deal with certain of the problems that cause them so much difficulty. I refer to the problems of violence and the abuse of alcohol which are particularly noticeable in certain areas in Scotland. I believe that if we find remedies for these problems we shall certainly do something to help the police in their duties.
The hon. Member for Berwick-upon-Tweed (Mr. Beith) said that there was always a tendency for parties in opposition to want to parade themselves as the policeman's best friend. Since I learned to drive a motor car my great ambition has been that the policeman should be my best friend. I took the opportunity, a couple of hours ago, to speak to my own chief constable. Almost before I had finished saying why I wanted to have a word with him, he said "I can tell you of a case in my force where a constable with 13 years' service is leaving the force next month in order to take up a job on a farm." This constable has an excellent record of service, and from his years of service is obviously half way towards his pension, yet he has decided to leave the force at this point because in his new job he will find better conditions of employment and, in his opinion, more in his pay packet at the end of the week. When I was a boy it was certainly not true that policemen moved out of the force into farm work because they could find better conditions there. But it is happening today, and we are all bound to ask ourselves the reason for these changes. It is not happening just in the cities. After all, the force in Dumfries and Galloway is largely a rural one, and one would think that police constables would be happier with their lot there than they would be in the large cities, yet here we have a case in a rural force that has been drawn to my notice today. I know from personal experience in watching the police at their work that it involves personal stress and strain. They are often involved in danger. Since I became a Member of this House what has struck me most in having to deal with police cases is their immense patience with the general public, even when the general public is being at its most unhelpful. In situations in which I should certainly be very much inclined to lose my temper, they do not appear to do so. They require the support not merely of this House but of society, so that their morale may be built up to and maintained at a high level. One of the elements in building up police morale must in these days be their salaries. I just managed to scrape through higher mathematics many years ago and do not propose to go into the realm of statistics, because when I do so I always feel that my feet will very rapidly slip into the morass of figures and that I shall be fished up by some kind Minister who perhaps has a better statistician than myself behind him. But it seems to me that the police have a very strong case. I am not suggesting that they should be considered as an exception to the rules applying at the moment, but I feel that they have a case that should be reconsidered. It will be known to hon. Members that at the moment there are differences in the moods of the police forces as between Scotland and the rest of the United Kingdom. The Scottish Police Federation has not left the Police Council, and has continued talking. This seems to me to be a sensible and level-headed attitude to take. I must add at once that I must not be understood to be criticising the other Federation, because I do not know about the conditions under which its members work. Other hon. Members will put forward its case, and many hon. Members have already done so this afternoon. I hope that the Government will not simply assume that because the Scottish Police Federation has not yet become so militant they can therefore ignore or neglect the Scottish police. It may indeed be that it is because the Scottish Police Federation is less militant than the others—Does the hon. Member agree that recent reports show that there is definitely an increasing number of militants in the Scottish police force?
I thank the hon. Member for reminding me of that. Certainly the Government have no reason for complacence on this subject.
When the Government reach a solution they will have the backing of my party in implementing it. I ask them to seek a solution as rapidly as they reasonably can, because we, as a society, ought to be willing to pay for a good and efficient police force.5.11 p.m.
Many police officers, if they had the doubtful pleasure of being in the House this afternoon, would be struck by the contrast between a House that was packed an hour or so ago, when we were debating who said what at a lobby briefing about the ambassador to Washington, and the number of hon. Members present at this debate which goes to the heart of the maintenance of law and order in our country and the state of morale of our police. Comparatively speaking, the House is now empty. I am reminded of last Friday evening, when the Press was rightly filled with the news about the porn squad of Scotland Yard. On the same evening there was a meeting of a large number of police wives from Birmingham who were concerned with the deeper long-term question of the pay, morale and service of police officers. That meeting received no attention in the national Press, whereas what happened to Commander Virgo was front page news. There is a contrast in the ways in which we approach police matters. The mood of the police now is one of deep and, I fear, dangerous frustration. There is great anger, and among some officers there is despair. These sentiments have arisen because the police service is sick and tired of being taken for granted and of being asked to do one of society's most important, difficult and dangerous jobs without receiving the support that it deserves. I regret that the police have lost confidence in both the will and ability of Ministers to meet their personal and operational requirements.
I shall stick to the facts. This is an emotional subject, but the facts are more important. The police have had no pay increases since September 1975. Since then, most people have had the £6 pay increase of phase 1 and the £2·50 to £4 or 5 per cent. increase of phase 2. There has also been a wages drift, which has produced an upward movement in salaries of about 13 per cent. At the same time social security and unemployment benefits have risen so that, in many cases, they now exceed the take home pay of many lower paid police constables. Various consequences have arisen from all this for the police. The police have fallen a long way behind other skilled and semi-skilled occupations, as was pointed out by my hon. Friend the Member for Petersfield (Mr. Mates). On average, a police officer now receives four-fifths of the take home pay of the average skilled or semi-skilled worker in this country. In fairness, averages contain many variations. At the upper end the overworked Metropolitan CID man may have a take-home pay that runs into three figures weekly, but at the other end of the scale there are large numbers of constables whose take-home pay is less than £40 a week. That is not enough. Overall, there is no doubt that the police are underpaid. Another consequence is that in many cases the take-home pay of police officers has fallen below the level of social security and unemployment benefits. I can give the Minister examples, and I hope that she will refer to them in her reply later. One comes from Northamptonshire Police, where an officer who was sent to arrest a man for fraudulently claiming unemployment benefit sent me figures giving his income and that of the man receiving unemployment benefit. Quite apart from the fraud, the amount of money that this man was legitimately obtaining through unemployment and other benefits was £44·75 a week, to maintain himself, his wife, baby and small child. In addition, the normal rent of his council house was rebated during the period of his unemployment. The police officer—a 20 year detective constable—sent me his pay slips. His income was roughly £40 per month less than that which the man he had been sent out to arrest could legitimately obtain from unemployment benefit and social security. The House will not be surprised to hear that this officer wrote in the concluding paragraph of his letter:There are many other examples, with which I shall not weary the House now. I shall merely record that there are young constables who are today receiving less for working than they could obtain on the dole or if they made application for social security benefits. That is not good enough. While police pay is both relatively and absolutely slipping, police work is daily becoming more demanding, difficult and dangerous. In many occupations it would be possible to claim that such changes entitle a worker to more pay because his work is becoming harder and his productivity increasing. Police work is becoming more demanding because of the rise in crime. It has also become more difficult because of the greater complexity of such matters as race relations, tourism and, above all, the legislation that this House constantly imposes and that the police must carry out. Police work too has become more dangerous. The number of police officers hurt at work is rising rapidly. The risks that officers must take are also increasing all the time. So the pressures and hazards are increasing while the rewards of the police are declining. That is an absurd arrangement of priorities. The police are in a unique position. They are unique because the House has made them so. Legislation places them under discipline and requires them to live and work wherever and whenever they are told. Many of their civil rights have also been removed. Police officers may not join a union, withdraw their labour, take in lodgers or supplement their incomes by doing part-time work. The House has decided those things. We must also remember that the police have been excluded, by decision of the House, from the benefits of industrial legislation. The other day the Secretary of State for Employment said, in reply to a parliamentary Question from me:"I for one have enjoyed the police service, but when I find that people defrauding the State can legitimately draw £10 per week in hard cash more than I earn, then I wonder what the police service is coming to. I shall leave it a disillusioned man."
"The Acts from which the police service is totally excluded are the Employment Protection Act 1975, the Contracts of Employment Act 1972, the Trade Union and Labour Relations Act 1974, and, except for Chief Constables, the Redundancy Payments Act 1965.
There are good reasons why the police should be excluded, by the decision of this House, from major legislation. There are good reasons why the police should be placed under discipline and other requirements that are not asked of other occupations. But the Government ought not to suggest that the police are unique when it comes to denying their rights but not unique when they ask for some consideration on pay and conditions of service. That is an intolerable proposition, with which the House ought not to agree. The police are now voting with their feet. During the period of high unemployment, recruitment has been buoyant and some forces have shown steady increases—no doubt the Minister will trot out some figures. But in the last six months there has been a change. For the first time in some years the number of policemen leaving has equalled, and may soon exceed, the numbers being employed—and, of course, it is the quality policemen who are leaving and, at best, young recruits who are joining.In addition, they are excluded from the main provisions of the Health and Safety at Work Act 1974, in so far as these relate to employees."—[Official Report, 24th March 1977; Vol. 928, c. 623.]
My hon. Friend knows a great deal about these matters and studies Home Office returns, as I do. Is he aware that even those figures, which show apparently healthy numbers in relation to establishment are more often than not a reflection of the increased recruitment of women?
My hon. Friend is right. However, I believe that policewomen fill a valuable rôle.
What is the solution? We must have an early settlement of a dispute that has dragged on disgracefully in a manner that the House would not have tolerated in the case of any other occupation. After attending nearly all the meetings with the Home Secretary, his officials and the Prime Minister, there have been times when I have wondered whether the Government really wanted a solution at all, or whether they find it convenient that the police should be in such a state of such despair that they may be forced to move into the drastic choice referred to by the hon. Member for Liverpool. Walton (Mr. Heffer), namely, joining the TUC. I am not entirely satisfied that all members of the Cabinet would dissociate themselves from that view, although I am sure that the Home Secretary, if he can, will try to avoid it. We nearly reached a solution the other day. It was based on a kitty system, under which the money that it had been proposed to offer to the police would be put in a pot and distributed equally among the ranks. It was also suggested that there should be a number of fringe benefits that would not cost substantial sums, plus commitments in respect of phase 3. I was optimistic at the time that this solution would stick, and the Home Office shared that view. I regret that when the Home Office approached the Department of Employment there were consultations with the TUC and the solution was vetoed. That should never have happened. We are again in complete deadlock. I have tried hard to understand, but I cannot, why the Government are being so stubborn. They are at the fag-end of phase 2. If we were at the beginning of phase 2 and the Government were trying to hold the line so that large numbers of other workers would not break through, and if that policy had a year to run, I could understand their attitude, but that is not the position. We are at the fag-end of phase 2, so holding the line against the police safeguards nothing for the Government. Phase 2 is virtually out. It is a mistake for the Government to stand stubbornly on it.
I find what my hon. Friend has said about TUC interference most sinister. Is he or any other of my hon. Friends prepared to accept the TUC having a veto over pay negotiations for public services where it has no responsibility? This is not the first time that I have heard about this sort of thing. I have been urging the Government to do something about the soldiers' allowance in Ulster, and I understand that this has also received a negative from the TUC. How far is the Minister prepared to go down the road of allowing the TUC a power of veto when it has no responsibility for the negotiations concerned?
I would rather not pursue that matter in detail. The TUC was a party, with the Government, to the social contract and to phases 1 and 2, and it is not altogether unreasonable that the Government should have consulted it about this matter, as they do about others. I merely record my regret that a solution that was within the grasp of all concerned was allowed to disappear into the sand.
I wish to conclude with some practical suggestions. Where there is a will there is a way, and it is will that has been lacking in the Government. There could be a solution along the following lines: the Government should top up their fag-end offer in phase 2 with a number of fringe benefits and add some specific and generous commitments in respect of phase 3, bringing police pay back to the Willinck formula. On the fringe benefits, they could do something about pensions. There is no earthly reason why the police should pay 7 per cent. of their income for pension benefits when teachers and others pay only 6 per cent. The Government could improve the annual leave for police officers. Many policemen with less than 10 years' service have the same annual leave as did policemen in 1918. The Government have accepted these points, but cannot bring themselves to introduce them now. For phase 3, I urge Home Office Ministers to put their minds to the notion of standby duty. Police officers are, uniquely, expected to remain available and fit for duty while they are at home, and there should be some compensation for that obligation. There should also be some consideration in the general formula for the extremely hazardous duties that the police now undertake. A hazardous duties allowance should apply across the board. If the Government seize these possibilities a solution can be achieved. If they do not, it is unlikely that the Police Federation at its national conference on 25th May will be able to avoid large majorities in favour of the right to strike and perhaps, though not so certainly, for affiliation with the TUC. I could not support either proposition. I could not support the right to strike, because the police are unique and the withdrawal of their labour would be a catastrophe for this country. Nor could I support the police becoming affiliated to a politically-oriented organisation. These are matters of judgment, and I do not expect hon. Members on the Government Benches to agree with me any more than they would expect me to agree with them. But I believe that it would be wrong for the police service to go down either of these potentially dangerous roads. The choice lies with the Government. They have come close to driving the most efficient, dedicated and loyal police service in the world into a state of despair and near revolt. The Government owe it to the police service and the country to resolve this matter quickly.5.30 p.m.
I make it plain that I speak only as Chairman of the Home Affairs Group of the Labour Party. A remark made by the hon. Member for Berwick-upon-Tweed (Mr. Beith) may have led to a belief that I have some special knowledge of the negotiations that took place in 1975 because at that time I was a Home Office Minister. May I eschew that immediately? It was never my responsibility to look after the police. I had no special knowledge of what went on at that time, save and except the knowledge which is now fairly common to the country as a whole.
The reason that certain words were placed in the eighth paragraph of the White Paper about the transitional provisions and the promise that agreements that were to be implemented before 1st September 1975 would be honoured was that considerable action was taken by the Home Secretary of the day and the appropriate Minister to preserve the agreement that had been made on police pay. That was a considerable concession. The 30 per cent. agreement at that time could, and by the normal process of negotiation would, have been annulled by the White Paper proposals. Indeed, some who came after 1st September had equally had negotiations completed less that entitlement. I am thinking of the university teachers, for example, who felt the same sense of grievance as the hon. Member for Bury St. Edmunds (Mr. Griffiths) has disclosed about the police. They felt an even greater sense of grievance because they, too, were caught by the subsequent stage of the pay policy and suffered an irreversible change in their standard of living that could not be made up. They did not have the advantage of having a Home Secretary to fight for the interests of the profession and to see them through to the eighth paragraph of the White Paper. If the Home Office is now taking the view that that concession was of such a nature that it transcended the first phase of the pay policy, I hope that the police, not perhaps led by the hon. Member for Bury St. Edmunds, who always seems to have a partisan interest in the advice that he gives the Police Federation, will take a dispassionate view and will recognise the considerable concessions that was won for them at that stage. It may not be such an injustice that they were deprived of a claim under the first phase of pay policy.The hon. Gentleman makes that statement, but will he, or his hon. Friend the Minister, answer the question posed by the hon. Member for Berwick-upon-Tweed (Mr. Beith)? If the Home Office took that view at that time, was it not in duty bound to communicate that view to the police? If it did so, why have we not heard about it?
I shall come to that. That is part of my argument.
I share the hon. Gentleman's appreciation of the efforts of the then Home Secretary, Mr. Roy Jenkins, to ensure that the police rise was not stopped by the closing of the door by means of the White Paper. I had many discussions with the Home Secretary at that time and I appreciate what he did. I hope that the hon. Gentleman will recognise that police pay at that time was the result of a restructuring exercise that sought to remedy pay injustices that reached back over many years. It was the result of an agreement following an independent examination.
I understand that perfectly. I accept that it was a necessary agreement to make in the situation of the time, provided there was no particular outside interest, such as the introduction of a new pay policy. The hon. Gentleman has taken up the point of the hon. Member for Berwick-upon-Tweed, but it is true that all workers who were negotiating pay increases in the first year of pay policy were making up for the year that lay behind. In that sense is can be argued that the 30 per cent. was part of the making-up for that period. All I am saying is that that is a perfectly reputable argument and one that has been taken by the Home Office since these events took place.
I turn to the argument of the hon. Member for Petersfield (Mr. Mates). I am told, and I accept, that no assurance was ever given to the Police Federation at the time that the £6 limit would not be subsumed by the 30 per cent. increase. In fact, no assurance was ever made, because it was assumed—perhaps it was not assumed openly but it certainly was assumed—that it was to transcend the £6 limit. The argument that I would use is that even now, with the Police Federation being free with suggestions that it has been misled by the Home Office, no one has ever pointed to any documented promise that the £6 limit was capable of being negotiated after the introduction of the 30 per cent. increase. There is a question of interpretation, but no question of bad practice or false promises. The interpretation of the Police Federation is that the 30 per cent. was a catching-up exercise to be implemented before the introduction of phase 1. It says that the transitional provisions were to allow it to be introduced by any agreement up to 1st September. It says that they were to allow the police to have their 30 per cent. and that then they were to go into phase 1. The view taken by the Home Office is to the contrary. The Home Office says that because the special concession was made for the police, giving them an increase in the wage negotiation period of 1975–76 that was much in excess of most other workers, the 30 per cent. was to subsume phase 1. That is a perfectly reputable argument. When I come to argue the merits of the case, I am in the position of respecting, along with every other hon. Member, the work that is done by the police. However, there is no unique quality in the Opposition's praise and regard for the police, which extends to all hon. Members. It does the police service no good to pretend that in some way it can be the bone of partisan conflict.rose—
If the right hon. Gentleman is about to say that he never said that—
I am not going to say that. I hope that the hon. Gentleman will have noticed the great care with which the Conservative Party, for which I certainly take responsibility as I am its spokesman on this subject, has avoided any question of making this subject a party political issue. That has been avoided throughout the debate. We have exhibited considerable restraint. I hope that the hon. Gentleman will recognise that.
I acquit the right hon. Gentleman of taking a partisan approach, but I do not acquit some members of his party of taking that course.
Name them.
What I do not acquit is the sense in which some hon. Members present the argument, as if the Government are resistant to the claim made by the police for some partisan position of their own. There was an element of that approach in the speech of the hon. Member for Bury St. Edmunds.
I am seeking to suggest that it does no credit to the police to take that sort of attitude. There is a real difficulty. I have not the least doubt that the Home Secretary is anxious to give the Police Federation a settlement that it will regard as reasonable and just. Almost any Home Secretary would be in that position. The question is whether the settlement can be reconciled with the interests of others to whom the Government still have to be fair. The hon. Member for Petersfield expressed amazement at a suggestion made by the hon. Member for Bury St. Edmunds that the TUC has in some way vetoed a possible negotiation. I am bound to say that I do not always accept everything that falls from the lips of the hon. Member for Bury St. Edmunds about private negotiations as being completely the case. I should have to hear the attitude of everyone else who was in those discussions. Even if it were true, I do not find it as surprising as the hon. Member for Petersfield. That is because it is a voluntary pay policy. It has been accepted and implemented by the vast majority of workers and policed throughout by the TUC. It is not policed by Government Departments but almost entirely by the TUC. There was a time in the course of the negotiations with the seamen when the National Union of Seamen and the Shipping Federation could have come to an agreement in just the same way as the parties to this dispute. However, that was vetoed by the TUC because it would have been unfair to other workers who had accepted certain restrictions. Perhaps it is right to say that the TUC vetoed this one—but it was vetoed for the same reason. That is part of the difficulty. I do not accept that the police are so unique that they can transcend pay policy altogether. Many groups of workers have suffered some injustice and all have suffered a decline in their standards of living as a result of pay policy. Earlier I mentioned university teachers, but I know from representations, that Methodist ministers have also suffered. They did not get the £6 pay increase, because their pay cycle was out of phase with the cycle of voluntary pay policy. I am sure that other groups of workers are also in that position. Therefore, it cannot be right for the police—however valuable their services to the country—to try to put pressure on the Government, the TUC and the House to agree that they should be in a privileged position compared to other workers. Many other workers have difficult and dangerous jobs. The Government must hold a balance between the two. If the police negotiating year had begun at the same time as the negotiating year for most other groups of workers and if the police had not been in phase with phase 1, would anyone have said that they should have had any more than £6? Is there anyone who would have said, when they got into the second stage, that they should have had any more than 5 per cent. or £4? Most people would agree that they should not be privileged under those circumstances. The only question is whether it can be argued that because of the interpretation of paragraph 8 of the pay policy on the first phase, that they are entitled, not only to 30 per cent. but to the £6 and subsequently to the 5 per cent. or £4. That is the area of dispute. The hon. Member for Bury St. Edmunds said that a substantial number of police authorities set aside the £6 to pay the police. That might have been a proper provision. However, one of the real causes of the argument is that the Police Council and the employers' representatives on the Council took the view that the police were not entitled to the £6 which they were claiming. Because of that dispute the Police Federation withdrew from the Police Council. The other members of the Council are mainly the local authorities in the guise of police employers. It cannot be argued that most local authorities presumed that they would have to pay the £6, although some of them might have put the money aside. In the Council, the local authorities took the view that the Government's interpretation of the £6 commitment was right and that they would not have to pay the £6 in addition to the 30 per cent. The Federation withdrew, because they did not accept that argument. The action of the Federation was unwise. There is much to be said for the argument used by the Home Secretary and the Prime Minister that the Federation should go back to the Council and renegotiate in that context. The only piece of evidence to which I am privy—and perhaps it is internal—is that one of the difficulties that arose was that the Home Secretary was acting as broker between the local authorities and the Council. The local authorities said that this was unacceptable and a breach of the Police Act. That was because the statutory body was the Council and the local authorities were having their rôle abrogated by the Home Secretary. In those circumstances the Home Secretary was in a difficulty. The authorities, as the employers, did not accept that the Home Secretary should decide this matter. In those circumstances it was obvious that there must be negotiations between the Federation and the local authorities. They could only take place within the Council. I advise the hon. Member for Bury St. Edmunds to use his influence with the Federation to take them back in to the Council. The negotiation can come to fruition only within the context of the Council. Perhaps something could be done to resurrect the claim for at least £4 or 5 per cent. which the Home Secretary and the local authorities would be willing to accept. It is absurd that this should have dragged on since December 1975 without any payments to the police. There is a 5 per cent. or £4 rise waiting for them if they will only negotiate an interim or transitional claim. No one will argue that that means that they have abrogated their claim for £6. I understand why police wives feel that some money in the pay packet is better than money in the bush—even though the case is argued in dulcet terms by the hon. Member for Bury St. Edmunds.The hon. Member has punctuated his speech with absurd remarks. He spoke of other groups who deserve equal benefits within phase 2. The hon. Member must know that the Northern Ireland firemen were allowed a double danger allowance. A few weeks ago workers at Windscale were given an additional payment within phase 2 because of the dangers to which they were subjected. This solution is available to the Home Secretary for the police but it has not been taken.
Both those cases were approved by the TUC as being within pay policy. When the original suggestion was made that the policemen were linked in some way with the claim that the seamen had made, the same offer was made to them. I do not know what happened in the TUC or in negotiations between the Home Secretary and the Federation, but if that kind of opening had been available the Home Secretary would have been only too willing to grasp it. If that was all that was denying a settlement I am sure that the Home Secretary would have been willing to take that action.
The settlement should be within pay policy. If the TUC, the Government, the Federation and the local authorities could find a settlement which is within pay policy I am sure that the whole House would be willing to approve it. The argument comes back to the meaning of paragraph 8. Although I do not say that it is entirely unarguable that the £6 a week is open to the police, paragraph 8 of the White Paper does admit of the argument used by the Home Office and the local authorities for at least a year, that in these circumstances the police are not entitled to that £6.5.49 p.m.
It is my duty to declare an interest. For about 12 years I have been parliamentary adviser to the Police Superintendents' Association of England and Wales. That has given me a valuable insight into police matters, but one does not need to have detailed knowledge as a Member of Parliament to know that the police service is now faced with a grave crisis.
The issue is not as simple as the hon. Member for York (Mr. Lyon) makes out with his references to a paragraph in a little bit of paper. I ask him to recognise as the vast majority of Members of Parliament on both sides and increasing numbers of the public recognise, that it is truly terrifying that at a time when terrorism is rife in one part of the United Kingdom and could, though God forbid, return again to our mainland cities, and at a time when the ordinary crime rates are soaring, men are leaving what has hitherto been the proudest and best police service in the world, while many of those who remain are calling bitterly for the right to strike, like everyone else in our increasingly anarchic society. The blame for this situation, despite what their apologist has just said, lies clearly on the shoulders of the Government. They have allowed it to develop in, one might say, a fit of absence of mind. I acquit the previous or present Home Secretary of wanting a situation of that kind; of course they do not. It has just happened. It is necessary to have a debate like this—I congratulate my hon. Friend the Member for Petersfield (Mr. Mates) for taking the opportunity—in order that Parliament can remind the Government that the maintenance of law and order is the first requirement of any civilised State. We are not here dealing with just any group of people but those who stand in the first line of defence of the public. Last year alone there were 12,000 assaults on police officers, many of which involved serious injury and disfigurement. I say to the Government that these men deserve a far better deal than they have been getting. This is a unique situation and it calls for a unique answer. Let us just consider the facts. Incredibly, at a time of high unemployment when good working men are desperately looking for jobs in every town and city in this country, men are leaving the police service. What is more, the pace at which they are leaving is accelerating. According to the latest Home Office returns, 20 forces have more vacancies now than three months ago and four forces have only maintained their establishment by recruiting women. In the Metropolitan Force, for example, in the first four months of this year there was a small net increase in numbers but a sharp fall in the number of men recruited. The situation was met wholly by recruiting more women. If one takes the authorised establishment of all police forces, the average deficiency in actual strength on 28th February was 7·66 per cent. In some forces, of course, the figure was higher. In the City of London it was 16·92 per cent., in the Metropolitan Force it was 16·25 per cent., in the West Midlands it was 11·5 per cent., in Humberside it was 9·8 per cent., in Bedfordshire it was 9·35 per cent., and in Derbyshire it was 9·18 per cent. This has occurred at a time of rising crime. There is no doubt whatever about the reason. The Chairman of the Police Council is Sir John Nightingale, who happens to be the Chief Constable of my own County of Essex. In his annual report for 1976 he reminds us that the Essex Police are having to cope with a record number of offences. There were over 47,000 last year, the highest figure ever recorded in the history of the force, compared with 34,500 four years ago. What is particularly ominous is that not only were the Essex police having to cope with a record 130 crimes a day but the number they were able to solve fell sharply compared with their achievement in the previous year. That is the point. In recent years, as a a result of steps taken by successive Home Secretaries, there has been an increase in police efficiency and the detection rate per man. But this healthy trend is now starting to move in reverse. That in itself is surely a matter for alarm. Sir John said:Commenting on the number of police officers who left the force last year, Sir John said:"During 1976 the difficulties of the past few years have increased and continued to press upon us, crime increased, the accident rate increased and our financial problems grew greater. Many police officers are beginning to feel that their devotion to duty and willingness to assume heavier burdens are being taken for granted without adequate recompense."
The House should ask "Where did these men go?" I have enquired at police headquarters at Chelmsford. Some emigrated. They had had enough and went to serve in police forces overseas or to begin a new life in other countries. Others sought better paid work as milk roundsmen and bank messengers, even though there is little prospect of later advancement in either of those two very useful professions. The Home Secretary should be ashamed of presiding over a situation like this, which is knocking the heart out of good men."The effect on wastage from the force is becoming noticeable. A total loss of 206 police officers included 82 retiring on pension and premature wastage of 124. All these figures are the highest ever reported in the force. The most important single factor contributing to this wastage is the level of pay."
It is incomes policy.
I am glad that for the first time the hon. Gentleman is with me. He has not been in the debate very long, but I am sure that as we proceed he will give me his unqualified support.
I have been busy on another matter dealing with another aspect of incomes policy. I hope that like me the hon. Gentleman will in future be consistent in opposing incomes policies for groups of people like the police. Does he accept that incomes policies are designed to fall on certain calculated groups like the 250,000 miners, so many thousand policemen, railway-men, teachers, and so on, while those in the higher eschelons of industry are able to escape because of the perks and everything else available to them? That is why we feel this problem is caused by the devastating effects of incomes policies. They are all bad, Tory and Labour. The Liberals would be worse.
Leaving aside his rebuke to the three principal parties, I think there is a great deal of sense in what the hon. Gentleman says. I shall say something at the end of my speech which I hope will at least carry me a part of the way with the hon. Gentleman.
The point that needs to be made again is that a police officer is forbidden by a strict disciplinary code from supplementing his earnings by additional employment, and that is absolutely right. Because of his position his wife is less free than other wives to take employment, and her choice is restricted. In general, a police officer is proud of his profession but is increasingly finding the way he is being treated hard to bear. Senior officers with whom I work tell me that they have never known such dissatisfaction in the ranks as exists today. That feeling is also shared by senior officers. Let me give an illustration of the unfair and shortsighted policy which now prevails, and of the distortion of standards which the Home Office has allowed to take place. From September 1975 until March 1977, of the 550 chief inspectors promoted to the rank of superintendent, 258—just under half—received on promotion less starting pay per annum than they had received in earnings during the previous 12 months. Where else in the professions, in what other group of workers in the kingdom, can we find such a situation? The reason of course is that a chief inspector is paid overtime while a police superintendent is deemed to be on call 24 hours of the day and is not paid overtime—although on average, as a recent national survey has shown, superintendents work a 53-hour week. Could there be anything more ridiculous, discouraging and unfair? A man is urged to accept more responsibility, to take on the command of other men, but he gets less pay. What a way to run a police force. I warn the Government. There is no more loyal and reliable body of men than the police superintendents. They care about the reputation of their force, the morale of their men. They are proud to be leaders in the British police service. They want no truck with threats of militant action. To a man, they are opposed to the idea of the police striking. They are opposed, as I imagine the House would expect them to be, to any idea of affiliating to the TUC—not out of any disrespect to the trade union movement, but because the police are the one body which must rise above partisan interests. But the Home Secretary should not take them for granted. He should not trade on their patriotism and high sense of responsibility. If they are to do their job properly, if men lower down the scale are to be encouraged to accept promotion, then the starting pay for superintendents must be increased. It follows, too, that if the police service is to put aside thoughts of militant action, if it is to continue to stand apart from all political action—I think that we are all united on the desirability of that—then, to compensate it for the lack of negotiating muscle and the power to compel attention to its claims, the Government must recognise that the service occupies a unique position. Since we are all trying to advance constructive ideas, I would say that the minimum is to implement immediately what is due to the police under phase 2, backdated to 1st September 1976, and to open negotiations without delay to arrive at a pay settlement in September this year which will be acceptable both to the police and the public they protect. The Superintendents Association has not withdrawn from the Police Council and is ready to negotiate at any time. What I have suggested could be done, and done fairly within the framework of a further period of pay restraint for all workers if the policy were based on three elements. This is where I hope that I can carry the hon. Member for Bolsover (Mr. Skinner) at least some part of the way with me. The first element is a percentage increase to cover the costs of inflation, granted to all workers across the board. The second is a percentage element to allow all groups freedom to restore differentials and to reward skill and training. The third is a percentage element which recognises that certain groups carry particularly heavy burdens and face particularly heavy work problems. It is in the third element in any rational pay policy that we could recognise the unique position of the police as a body of men and women who cannot strike or work to rule, who face particular difficulties, dangers and hardships, and yet who at the same time need to maintain high morale and should be encouraged to accept willingly the huge increase in the work load. What is so sad is that all this—the responsibility and the position of the police force in our society—has been said before. It was said by the Oaksey Committee in 1947, by the Royal Commision in 1960 and by the House of Commons Expenditure Committee in its report on police recruitment and wastage in 1974. The only difference is that law and order is under far greater strain today than it was in 1947, 1960 or even 1974. We are facing a deteriorating situation, with an increasingly unhappy body of men, under strength and under considerable strain. We are playing upon their loyalties, and that is wrong. This cannot continue much longer. The thin blue line is already overstretched. Who can say with any certainty that it can go on coping along these lines? Clearly, the Home Secretary must will the means to solve this problem as quickly as possible. It is a unique situation and it calls for a unique answer.6.5 p.m.
I declare myself a wholehearted supporter of the police case for extra pay under both phase 1 and phase 2. I gratefully adopt everything said about their case by my hon. Friends, who have made many good points.
The police are not just another group. In an otherwise admirable speech, the hon. Member for Liverpool, Walton (Mr. Heffer) commended the case for the police having extra pay but spoilt it, for me anyway, by saying that many other people also deserved more pay. It is folly to consider the police as if they were just another group, an instrument of Government industrial policy, as the trade unions now are, and not on their own merits. I sympathise with the attitude of the Police Federation towards the Police Council. Where pay is concerned, under present conditions of an incomes policy, negotiating in that forum appears a charade. The Council can pay only what the Government allow it to pay under the pay policy. Attempts by the Council or its members to talk as if it is an independent negotiating body when everyone knows or believes that it is not simply robs the Police Council of its credibility. A great deal of good will is lost simply because some of its members pretend that the Government's offer is their own. It may be, formally and legally, as the hon. Member for York (Mr. Lyon) said, that the only negotiating body provided under statute is the Police Council, but the fact remains that an incomes policy has been superimposed upon what was understood to be the statutory negotiating machinery. Now, effectively, the Government determine incomes and, therefore, dominate negotiations. The fact that most of the local authority representatives on the Police Council are at the moment from authorities controlled by the Conservative Party only adds to the natural cynicism which the Police Federation feels about negotiating through the Council. I hope that new negotiating machinery will soon be devised to give local police authorities a proper share in determining police pay and conditions. But if that is done it will work only on one condition, that the average level of police pay is always maintained at a premium—Willink said 4 per cent.—above the average level of the pay of industrial workers. That is absolutely fundamental to any settlement of police pay, now and in future. Differentials within the force, allowances and other conditions of service can all be argued about and determined by a body including representatives of local police authorities, but the one essential item—the level of financing which maintains the police differential above the average industrial wage at all times—must be provided by the central Government as long as the latter impose a central incomes policy. If the Government are entitled to intervene in all wage bargaining and to impose a flat-rate increase, they are surely entitled to say that there should be fixed differentials where circumstances justify that. Circumstances justify differential treatment for the police because, unlike most British workers, they are a disciplined force without the right of strike or the right to join the TUC—circumscribed and limited in their ability to negotiate. It seems to me that in return for their loss of freedom in all these areas the police are entitled to ask for a quid pro quo in their pay and conditions. That must mean the premium as recommended by Willinck. The Minister constantly asserts that the 1975 settlement was generous, as if that excuses the ungenerous treatment of later years. The fact is that it was only in 1975 that we got anywhere near to paying the proper rate for the job. We should be ashamed of ourselves that at a time of rising crime and growing demands upon the police the level of pay has fallen. Since 1975 the mean treatment accorded to the police by the Government has resulted in a pay level well below the industrial norm.Is my hon. Friend aware—and if not, would he be surprised to know—that in my constituency, in a place called Kirk-ham, the average take-home pay of a police constable who is married and has two children and has been three years in the service is only £36·70? Does my hon. Friend agree that this is the kind of take-home pay which an ordinary industrial worker would consider to be less than acceptable?
I absolutely agree with that.
The danger today is that by refusing the Government's present niggardly offer the police may find themselves well into phase 3 before they get a settlement, which may be far below what they would have been entitled to had they meanwhile gone along with the Government. The essential point remains. The police settlement must ultimately be based upon a premium over and above the average level of industrial wages in the country. Once that has been established, the legitimate claims of the police will have been satisfied.6.12 p.m.
It is the remark of the hon. and learned Member for South Fylde (Mr. Gardner) in his recent intervention, introducing what he alleged was a statistic applying to his constituent and the use of the term "ordinary worker", that has brought me briefly into this debate. I have listened carefully to practically all the debate, because when police officers from various parts of the country came to see us some time ago I had an interesting, useful and detailed discussion with the representatives of the police force in my area, as did most other hon. Members. Those representatives put their point of view to me, speaking for people whom I have known and whose work I have respected for many years.
I do not believe that it serves any useful purpose for groups of workers or for members of the police force to try to create an artificial contrast, tinged with some social disqualification, by making a claim for an increase because an ordinary worker might earn as much. That sort of thing does not help anyone. People are entitled to put forward their case based upon a consideration of their needs. The police cannot claim—and never have claimed to me—that they are in any way unique in suffering from increased price levels and an increased cost of living. It is a matter of fact that a number of sections of people, employed in various types of important work, are now suffering a further cut in their standard of living. At a meeting in my constituency recently, an engineering worker of considerable skill remained behind after the meeting, at which we had discussed for an hour and a half the Employment Protection Act. This man said to me, when we were alone, "We did not talk about wages and incomes tonight, but I would like to ask you how we are to fare in future, given the fact that, on the figures I shall put to you, I am now suffering an actual reduction in my standard of living, in my income, of 7 per cent. for the 12 months ending this month?" We went through the figures. What he said was absolutely correct. What we are discussing is a general problem. I am not terrified of the idea of the Police Federation seeking affiliation with the Trades Union Congress. I can see nothing terrifying in that proposition. I do not presume to give advice to members of the Police Federation. I gave no such advice when they came to see me. Equally, I would not give any other profession advice on a subject such as this when it is within the province of the membership to decide. It is not right that the House should begin to be terrified of the idea of the Police Federation affiliating to the TUC. There may be advantages in such an affiliation. The police would soon take their place with other civil servants who are playing an increasingly important rôle in the councils of the TUC. So far I have seen no harm come either to the TUC or to the federations of professional workers who have affiliated to it. I have always been opposed to any barrier between police officers and other people. What is most excellent in our police force can only be further advanced by close contact with people in different kinds of work. If the police want to join the TUC, I would be neither opposed nor frightened by that. I listened carefully to the hon. Member for Essex, South-East (Sir B. Braine), who made the point that one of the reasons why the superintendents—and perhaps the hon. Member himself—are opposed to the Police Federation joining the TUC is that the police must not be associated with any kind of partisan point of view. The TUC is not a partisan organisation. It is the proud claim of the Leader of the Opposition, recently expressed at an important public meeting, that she estimates that fully one-third of the members of the TUC are supporters of her political party. I regard the evidence of the Leader of the Opposition on that point as reasonable evidence and I am even unhappy enough not to be able to contradict her very much. I wish her well. I think that her estimate may be right. It is quite wrong to talk about the TUC—an organisation of between 10 million and 11 million members, taking one year with another, with such a high proportion of people from all political parties and from none—as a partisan body. What we are mainly debating is the Federation's immediate claim. I regret that the hon. Member for Bury St. Edmunds (Mr. Griffiths) is not here at the moment to hear me. If there is any element of partisanship which makes me unhappy when we discuss these matters—which was not present when I met representatives of the police officers in my area—it is the pretence of some Opposition Members that the real problem arises because we have an Opposition fully imbued with the importance of the service given by police officers as opposed to a blind and indifferent Government who do not understand how important the police are. Anyone who examines those propositions will know that they are nonsense. Anyone who has talked to my right hon. Friend the Home Secretary at this unfortunate period, when these discussions between the Federation and my right hon. Friend have been taking place, will know what nonsense this is. We do not serve the cause of the Police Federation by seeking to create such an atmosphere of indifference, alleging that the Government are not concerned. I am not known in the House as an air raid shelter for Her Majesty's Government. No one would expect me to make such a statement merely because I want the Government to appear as knights in shining armour. But it is completely wrong to try to create the impression among police officers that they are up against a Government who do not care either for their position or for their future. That is nonsense, and it ought to be put on record that it is nonsense. What is involved is a real problem. It is not the veto of the TUC either. I do not believe that such a veto power exists. What exists is something quite different. It is the duty of a Government to judge whether a difficult social policy that they are pursuing is to be destroyed or shall remain alive. There is no legal power of the TUC to countermand a decision. But there is the industrial power of the TUC to warn—"If you do this, the policy will be in ruins." That is much more influential, as every hon. Member knows, than an artificial veto power that does not and cannot exist.Can the hon. Gentleman give an explanation of why it was that the TUC stated in 1973 that in its view the miners should be treated as a special case and in 1977 it is not saying the same about the police force?
That may be so, but we are reviewing matters at present, and allegations have been made as to why the present situation has arisen as though the immediate past is relevant and cannot be dismissed.
I believe that there have been mistakes all along the line. I believe that those who advised the Police Federation to leave the Police Council—the hon. Member for Orpington (Mr. Stanbrook) sought to justify that decision—were very ill advised. It is quite wrong to leave a negotiating position merely because one is not immediately successful. I contrast the attitude to that decision of some hon. Members with their attitude and the advice that they give to other groups of workers when they are involved in industrial disputes. One would not carry much success on the Opposition Benches if one said that because a group of workers had not achieved success they should leave the negotiating machinery. That would be denounced by the right hon. Member for Lowestoft (Mr. Prior) on behalf of the Opposition, as the worst kind of industrial conduct. Nor would the right hon. Member for Worcester (Mr. Walker) have approved of such conduct when he was in charge of a great Department of State directly concerned with industrial negotiations. The problem was and is a real problem. I believe that if the Police Federation had stayed on the Police Council it would have done better for its members. That is what I told the police officers who came to see me in the delegation. Concerning the present period, it should not be beyond the wit of man to get, first, the agreement of the police officers-given the interpretation that the Government put upon the events that have taken place, which were rehearsed convincingly by my hon. Friend the Member for York (Mr. Lyon), given that that must now be accepted and that history has passed on, and given also what I believe to be a perfectly genuine and, from the point of view of police officers, perfectly justified grievance: that they were very unfortunate and that, having reached a point of settlement that was brought about, for a number of reasons they could not then take immediate advantage of an award under phase 1. They were in the same position as were the firemen who, under a previous wages policy, came to us complaining bitterly and felt the grievance for more than two years. They had reached an agreement, but because a signature had not been put to it for 48 hours, they could not receive the award under that agreement, and they had to accept that. Under a wages policy this is something that inevitably hurts various groups of workers and civil servants. Given this genuine grievance, when phase 2 comes to an end every effort must be made to ensure that some of that is somehow made good to police officers. That would find the approval of all hon. Members and every member of the public.6.26 p.m.
First, I congratulate my hon. Friend the Member for Petersfield (Mr. Mates) on raising the particularly vital subject of police pay and conditions for debate this afternoon, and, indeed, on presenting a strong case in an excellent speech.
It is, as my hon. Friend the Member for Essex, South-East (Sir B. Braine) said, a primary duty of the Government to ensure protection for the citizens in their country. A strong, well-equipped police service enjoying widespread support from the public is vital to the fulfilment of that obligation. It is, therefore, a most regrettable fact that, at a time when crime is increasing at an alarming rate and when violent crime is all to prevalent, police pay is the subject of a most unhappy dispute between the Government and the representatives of many police officers. In these circumstances we should, of course, have liked the Home Secretary to reply to the debate, but he has written to me explaining the reasons for his absence, and those I fully accept. In his place we welcome the hon. Lady the Under-Secretary. Where she cannot reassure us this evening, I trust that she will pass on the very serious anxieties expressed on all sides in this debate to her right hon. Friend. My hon. Friend's motion is in three parts. First, it appreciates the genuine grievances of the police over their pay and conditions of service. I have noted that there is widespread agreement in the House on that point. Indeed, I should have thought that we could all have accepted it. It was certainly accepted by the hon. Members for Liverpool, Walton (Mr. Heffer), Berwick-upon-Tweed (Mr. Beith), Galloway (Mr. Thompson) and, as I understand, the hon. Member for Penistone (Mr. Mendelson) and, indeed, the hon. Member for York (Mr. Lyon), as it was accepted by many of my hon. Friends as well. Therefore, I think that there is widespread acceptance of that part of my hon. Friend's motion. No doubt we have all met police officers and received sad and angry letters, and worrying letters, setting out their financial position in detail. In the case of young constables, the pay slips sent to me and to many of my colleagues have frequently shown take-home pay of less than £40 a week, and in many other cases of between £40 and £50 a week. In the current circumstances I think that the House would agree that these are deplorably low levels. Some of us have met deputations of police officers' wives, who in my experience were both dignified and very depressed about their family circumstances. I say here, in reinforcing what my hon. Friend the Member for Petersfield said to the Under-Secretary, that I was distressed by the tone of her reply to me at Question Time on 5th May. It is surely true—I may here cross swords with the hon. Member for Penistone; I am not sure—that police officers and their wives have to maintain a position of some standing in our community. That is part of their job. They are considered to be something different. It is an inevitable part of our structure, both in our towns and, I believe, in our villages in the rural areas. For that very good reason they feel inhibited about claiming family income supplement or allowances for the lowest paid. Anyway, there must surely be something very seriously wrong with police pay and conditions of service if they are eligible for it. Furthermore, we have all been given details—I am sorry to interrupt the right hon. Gentleman, but he says "they are eligible for it". In fact, a policeman can be eligible for it only in his first year of service if he has at least four children and receives no overtime pay. Therefore, it is not the vast majority of policemen who are eligible.
The point remains that it is understandable that they should feel inhibited about claiming, and I hope that the Under-Secretary recognises that.
We have been given details showing that far too many police officers are leaving the service for other employment. My hon. Friend the Member for Bury St. Edmunds (Mr. Griffiths) said that the number of officers leaving was about equal to the number being recruited. My hon. Friend the Member for Essex, South-East told us of the views of the Chief Constable of Essex, Sir John Nightingale, about this very worrying situation. My right hon. Friend the Member for Worcester (Mr. Walker) said that recruitment to the police is worst in areas where crime is worst, which also is a serious matter. Our police officers have a genuine grievance, which is seriously undermining their morale at a time when we are demanding more of them and when they are being faced with increasing difficulties and dangers. That is the first part of the motion. It seems acceptable to hon. Members throughout the House, and I hope that the Under-Secretary accepts it. Second, the motion urges the Government to settle the dispute "fairly and quickly". From what has been said today, it is clear that few hon. Members would question the need for such action. Of course, I accept that there must be two parties to an agreement. It is important to appreciate that. I wish to put forward my ideas about how the matter should be settled. I do not think that this is a one-sided matter, and I assure the hon. Member for Penistone that I shall not argue that everything rests with the Government. I have sufficient experience of seeking to settle disputes of one sort or another in my political life to know that there is little value in dwelling on accusations and counter-accusations about past events, which seem to assume ever-increasing importance on both sides of the argument, and the further back in the past they lie the more importance they attain in many people's minds. One must argue on the position that has been reached and the facts as they are now. I say frankly to the Police Federation that from its point of view this means accepting the confines of stage 2 of the Government's present wages policy. To be fair to the Federation, it has indicated that it accepts this. I say equally frankly to the Government that in all the circumstances they should go to the utmost limit of what is permissible, and they should be ready to make, as several hon. Members suggested, some clear forward commitments for the future if they are to maintain the sort of police service that will be necessary to protect our citizens. I hope that the Under-Secretary will indicate in detail, as was suggested by the hon. Member for Berwick-upon-Tweed, exactly what is on offer in terms of cash and fringe benefits. The Government have a duty to make absolutely clear to the leaders of the Police Federation, and to state publicly to all its members, exactly what police officers at various grades could put in their pockets now in terms of increased weekly wages, and the back-dating of the increase to last September, if the offer were accepted. I cannot over-emphasise the importance of stating these facts publicly and clearly, and I hope that the Under-Secretary will take the opportunity to do so in the House tonight I regard that as all the more important because I am convinced that there must be two parts to the offer: the maximum that can be given now in cash under the terms of stage 2 and any fringe benefits that can be added to it, and clear objectives and commitments under any subsequent arrangement at the end of stage 2. On this point I agree with my right hon. Friend the Member for Worcester. For that reason I should stress to the Police Federation also that if an agreement is not reached before the end of stage 2 its members will fall even further behind before any future catching-up operation can take place. Detailed discussion of what can happen in the future must inevitably take time. I agree with what was said by my hon. Friends the Members for Bury St. Edmunds and for Orpington (Mr. Stanbrook), that the police have fallen considerably behind what was originally devised by the Willink Commission. It is equally important that the matter should be settled before the end of stage 2 and before the whole basis of pay and salary discussions moves to a completely different level. I want to see the two things dealt with more or less separately. One comes, therefore, to this answer. It is clearly in the interests of the Police Federation and its members to reach an early settlement, provided that the Government can give the Federation, first, a reasonable position now and, second, clear commitments that will begin next September. I should have thought that something could be done in regard to fringe benefits, which have been much discussed, and I hope that the Under-Secretary will be able to tell us exactly what can be given now. As for kitty bargaining, I understand that this was discussed at some stage, but it is now alleged that the TUC found it to be outside the terms of the stage 2 policy. Perhaps the Under-Secretary will say something about this too, because it seems to be wrapped in a good deal of mystery. The more all these matters are wrapped in mystery, with accusations and counter-accusations, the less likely are we to get a settlement. Equally, it must be in the Government's interests to make it as easy as possible for the Police Federation to make a settlement now, in view of the debt which we all owe to our police service. That is the second part of the motion. I hope that the suggestions I am putting forward are fair and reasonable, and I trust that they will be seriously considered and answered by the Under-Secretary tonight or discussed further by the Government. I turn to the third part of the motion. I understand that the Home Secretary is prepared to set up an independent inquiry into the best method of determining the wage structure for the police in the future. Will the Under-Secretary confirm this? Will she also give some indication of the proposed terms of reference and the timing? What is happening about all this? We should be told. I regret that the Police Council is no longer acceptable to the Police Federation. On this I differ from my hon. Friend the Member for Orpington. But we have to accept that that is the position and now we have to move forward. As I have been seeking to criticise those who argue about the past all the time, let me not do the same myself. Let us look forward, recognising that we must have an acceptable new procedure as soon as possible. Many of us in the House, on both sides, are totally opposed to the concept of a national police force. Therefore, we must appreciate that there has to be local authority representation on any body that replaces the Police Council. I hope that that part of the motion also is acceptable, because I understand that that is more or less what the Government are putting forward. Therefore, it seems that the motion in all its parts is broadly acceptable throughout the House, and I trust that it will be acceptable to the Government. I hope that the debate that my hon. Friend has initiated so helpfully will encourage everyone to publicise the underlying issues of the police pay controversy and to underline the vital need to resolve the dispute with the utmost urgency in the interests of the whole nation. I hope that it will also concentrate our minds on the future. I am convinced that the present levels of police pay and the position of the police in our national wage structure will not provide our people with the public service that they have the right to expect in modern conditions. Here I agree with my hon. Friends the Members for Altrincham and Sale (Mr. Montgomery) and for Orpington about the position of the Willink Commission and how we shall get back to it. Perhaps we shall have to have another Royal Commission. The position of the police in our national wage structure will not provide us with the police service that we must have. We all owe a great debt to our police officers. Our whole society depends on their efficiency and their dedication to duty. We must be prepared to discharge that debt by giving them and their families the standard of living which they so richly deserve.
6.40 p.m.
The House is grateful to the hon. Member for Petersfield (Mr. Mates) for giving us the opportunity to discuss police pay, and I welcome this chance to reply to the main points raised in the debate.
My right hon. Friend the Home Secretary greatly regrets that he is not able to be with us today, but he has a longstanding engagement to visit the Channel Islands in his capacity as the member of the Privy Council with particular responsibility for the islands. These arrangements have been settled for some considerable time, and my right hon. Friend concluded that in all the circumstances he could not alter them at a very late stage when the arrangements for this debate were announced. I shall be reporting to my right hon. Friend fully on all that has been said in the course of this debate, and I know that he will give careful consideration to it. First, however, I should like to make two general points. The Government are anxious to see the present dispute about police pay resolved, so that the police can receive without delay the increases which have been available for payment ever since last September. Secondly, despite the differences over pay, I should like to take this opportunity of adding to the many tributes already paid in the House today to the police for the way in which they carry out their uniquely important role. I recognise that they have to bear the brunt of the increasing lawlessness and violence that plague society today, and they do it with extreme courage and dedication. The history of the present pay dispute starts not with the negotiations which broke down last year but rather with those that were successful in 1975. On 4th June 1975 agreement was reached in the Police Council on new pay scales for all ranks up to and including chief superintendent to take effect from 1st September 1975. As has been pointed out, the overall increase was almost exactly 30 per cent. On 11th July 1975 the Government announced an agreement with the TUC to limit pay increases to a maximum of £6 a week from the beginning of August 1975. Although the police pay review date of 1st September thus fell in the period when £6 was the normal maximum permissible increase, the White Paper announcing the new counter-inflation policy contained transitional provisions allowing pay agreements to stand, provided that they had been reached before the date of publication of the White Paper and had an effective date not later than 1st September 1975. Without such transitional provisions the police would not have been able to keep the overall increase of 30 per cent. and all ranks would have been limited to a much less favourable supplement of £6 a week, which, unlike basic pay, could not be counted for overtime purposes. The benefit of keeping the 30 per cent. increase as opposed to a £6 supplement is illustrated by the following examples. A constable on the minimum got an increase in gross basic pay of £11·92 a week between September 1974 and September 1975. A sergeant on his maximum got an increase of £16·06 a week, and a provincial inspector on his maximum got £20·37 a week. A City of London chief inspector on his maximum got £29 a week.Surely everything that the hon. Lady is saying demonstrates the clear and simple point that the 30 per cent. pay settlement lay outside phase 1, and, therefore, from the police point of view phase 1 started with a clean sheet.
I have said that it fell into the transitional provisions that were within the stage 1 pay policy.
I now come to stage 2. The situation now is quite different from that in 1975. At that time a completely new policy was being introduced, but the second phase of counter-inflation policy which started in August 1976 was esentially a continuation of the first. But there was no room for special cases or transitional provisions if the policy was to continue to be effective. The White Paper on the second phase of incomes policy—Cmnd. 6507—makes it quite clear that there are no transitional provisions this time and that the Government will ensure strict observance of the new policy. This policy, to meet the economic needs and problems of the nation as a whole, was formed in full knowledge of the position of the police and of the unique importance of the police officer's job and the need to keep standards high. The Government's view is, therefore, that the 1976 settlement for the police must be in accordance with pay policy as it applies on the relevant date—1st September 1976—which means a pay limit of 5 per cent., with a maximum of £4 and a minimum of £2·50 a week. The right hon. Member for Penrith and The Border (Mr. Whitelaw) asked me to translate that into how it would affect the average constable. The answer is set out in the reply that I gave to my hon. Friend the Member for Belper (Mr. MacFarquhar) a few days ago. The average benefit of this 5 per cent. increase on earnings with a minimum of £2·50 a week and a maximum of £4, would be £2·83 for a constable at the bottom of the scale, rising to £3·79 a week at the top of the constable scale. Sergeants with two years' service or more and all inspectors and chief inspectors would get the maximum of £4 a week. The official side of the Police Council has been strongly criticised by the Police Federation, but I do not accept that the present difficulties are due to a lack of responsiveness on the part of the official side or to a lack of readiness on its part to understand the problems of the police. The record shows that it has consistently had the interests of the police service at heart. The Government's counter-inflation policy inevitably means pay restrictions which affect all groups, and what the official side of the Police Council did was to support the Government's policy of its own free will and without any pressure from the Government. I do not feel that it should be criticised for that. On 21st July 1976 the official side of the Police Council offered the staff side an increase from 1st September 1976 in accordance with phase 2 of incomes policy—that is, a 5 per cent. increase with a minimum of £2·50 a week and a maximum of £4. The staff side rejected the offer and asked the official side to join it in an approach to Government pointing out that the police had not been offered an increase of £6 a week, the implication being that the official side should support the Federation's claim. The official side declined and issued a statement reaffirming both its support of Government policy and its concern for the well-being of the police service. Despite this, the Federations of England and Wales and Northern Ireland, but not the Federation for Scotland, decided to leave the Police Council. From that time the Federations of England and Wales and Northern Ireland refused to have any dealings with the Police Council, the statutory negotiating body. Formal pay negotiations are a matter for the Police Council, but with a view to resolving these present difficulties my right hon. Friend met the leaders of the Police Federation for England and Wales on several occasions, and there was also a continuing exchange of correspondence. He emphasised to the Federation his concern for the efficiency, morale and welfare of the police but explained that he must also have regard to the overriding requirements imposed by the economic situation. In the course of these discussions he discussed possible forward commitments to improvements in fringe benefits—and I shall come to this in more detail in a moment. He also discussed the pay position with representatives of the official side of the Police Council. The climax of these meetings was that the Prime Minister met leaders of the Police Federations of England and Wales and Northern Ireland and also those of Scotland on 7th March this year. He said that the police could not insulate themselves from the national economy, as many hon. Members have reminded us in this debate, and that any settlement with the police would have to be within phase 2, which had already been accepted by almost 5 million workers—not only by the Trades Union Congress, as my hon. Friend the Member for Liverpool, Walton (Mr. Heffer) pointed out, but also by many millions of workers. As my hon. Friend the Member for York (Mr. Lyon) pointed out, even Methodist ministers have had to accept this policy. My right hon. Friend therefore asked the Police Federations of England and Wales, Scotland and Northern Ireland to resume discussions with the local authorities and the Government—on an informal basis if need be—with a view to settling their pay dispute in the Police Council. This would enable the offer, already on the table under phase 2 of the incomes policy, to be paid immediately with effect from 1st September 1976.Accepting that the hon. Lady has spelled out what is available to the police under phase 2 and on the basis that they would have to return to the Police Council, would the Government on those terms be willing to set up an immediate review into the position of police pay as compared with the time of Willink, with an undertaking that that should then be implemented during the period of stage 3?
I am coming a little later to exactly what the Government are proposing, if the hon. and learned Member will wait for a few moments.
My right hon. Friend said that the resumption of discussions within the Police Council would enable the offer already on the table under phase 2 to be paid immediately with effect from 1st September 1976. The Prime Minister also confirmed the Government's undertaking to consider improving certain fringe benefits under phase 3 and their agreement both to a review of the police negotiating machinery and to an inquiry into the constitution of the Federations. He invited the Federations to let him have personally their thoughts on phase 3 of the incomes policy. While the Prime Minister could give no undertaking about forward commitments, he assured the Federations that their views would be very seriously considered. Finally, as the hon. Member for Altrincham and Sale (Mr. Montgomery) reminded us, the Prime Minister paid tribute to the police and said that they were a unique and independent force and easily the best in the world. A conflict between the police and the Government could do no good for the police service or for the country. It was for these reasons that he hoped that the Federations would resume negotiations. In spite of the Prime Minister's appeal, the Federations of England and Wales and Northern Ireland did not return to the Police Council. However, all three Federations attended a number of recent meetings held on an informal basis, outside the machinery of the Council, under the chairmanship of Sir John Nightingale, Chairman of the Police Council. At the last of these meetings, on 25th April, the Federation representatives were offered a phase 2 package which, if accepted, would have brought a settlement of the present dispute. That package, which had been approved by the official side of the Police Council, was the limit to which we could go within phase 2. Besides an increase of 5 per cent. on earnings with a minimum of £2·50 a week and a maximum of £4, backdated to 1st September 1976, it contained a number of forward commitments to consider improvements in fringe benefits under phase 3. Forward commitments, subject to consideration in the light of pay policy, would include the following matters: an increase of two days in the annual leave allowance of constables now on 18 days and sergeants now on 20 days, the removal of the restriction of pension payments to those rejoining the service after 1961, and the introduction and scope of an on-call allowance for officers specifically detailed in accordance with Police Regulations to be on call at home on particular occasions. The leaders of the Police Federation of England and Wales have said that those proposals are not enough to justify acceptance. I very much hope that they will reconsider the position. Continued refusal by the Federation means that the federated ranks have had no pay increase since September 1975, whereas acceptance would put money into their pockets quickly with substantial back pay to September 1976. My right hon. Friend the Home Secretary, with the support of the Secretaries of State for Scotland and Northern Ireland, has undertaken to set up a review and an independent inquiry into the constitutions of the Federations. The second of these—the inquiry into the constitutions of the Federations—is bound to raise issues of fundamental importance for the House and the country. The Federations accept that it must inevitably be done in slower time than the review of the negotiating machinery. As to the review, invitations to take part have been sent to all constituent bodies on the existing Police Council. We hope that all will accept so that the review can be got under way as quickly as possible.The hon. Lady knows, as I do, that it was agreed that the review should take place last September. She is now promising getting it under way as quickly as possible. What has been holding it up since last September?
I think that what has been holding it up is the difficulties we have had with the Police Federation. In effect, the review of the police pay negotiating machinery will provide, in the most practical and speedy way, for the future method of assessing a fair and just wages structure for the police service. Draft terms of reference for the review have already been circulated for consultation and we shall proceed as quickly as possible. These are the measures that the Government propose, and have indeed already put in hand, to meet the need which prompted the hon. Member for Petersfield to table his motion, and on that understanding we have no quarrel with the motion.
On conditions of service—a topic with which I must deal very briefly—there is not a great deal that I wish to say. No hon. Member mentioned rent the allowance, which is an extremely important part of a policeman's life. This continues to be increased every other year. Every police officer is entitled under Police Regulations either to accommodation completely free of rent and rates or to a rent allowance. This should be taken into consideration when hon. Members talk about police pay. The Police Council tends to include rent allowances in figures of earnings whereas the Police Federation does not. I entirely understand the strong feelings of the Police Federation with regard to pay. The policy for phases 1 and 2 has, of course, left many people dissatisfied and frustrated. The feelings of the Police Federation with regard to pay are probably shared by millions of other workers who are affected by current restrictions. However, these restrictions are an essential part of the fight to reduce inflation and to contain and reverse the rise of unemployment. Pay policy is an integral part of our economic strategy, and if that were to fail the consequences could be catastropic in terms of living standards and employment. The efficiency, welfare and morale of the police are prime considerations for my right hon. Friend, but he must also have regard to the overriding requirements imposed by the economic situation. Provided that the Government's economic strategy succeeds, everyone in the country will benefit, including the police. In the Government's view, therefore, the Federation should now accept what is on offer in phase 2 and then look ahead to phase 3.Question put and agreed to.
Resolved
That this House, appreciating the genuine grievances of the police forces over their pay and conditions of service, urges Her Majesty's Government to settle the current dispute fairly and quickly; and calls upon the Home Secretary to set up without delay an independent enquiry into the Police Council and the future method of assessing a fair and just wages structure for the police forces.
Health Services (Medway)
Motion made, and Question proposed,
That, in view of the following facts, namely: that for over two years periodical and urgent representations have been made to the Department of Health and Social Security and the South East Regional Health Authority about the great inadequacy of hospital and other medical and health facilities in the Medway towns; that on 22nd May 1975, the then Minister of State, the Right honourable Member for Plymouth, Devonport, in fulfilling a promise to investigate this situation stated that he had been assured that the area and regional health authorities recognised the problems which had to be faced in Medway and in particular that they were aware of the projected population increases in the district, and would take full account of them in their planning and development of health services; that in May 1975 the honourable Member for Gillingham appealed to the Chairman of the South East Thames Regional Health Authority to treat Medway as a special case and siphon off some of the money going elsewhere and make it available for some of the very urgent needs of Medway; that in reply it was acknowledged that it was only by the dedication and devotion of the staff engaged in the district that standards of care had been maintained at such a high level; that the situation has deteriorated in the intervening two years until it has reached an acute crisis, and all those engaged in operating the health service, the local authorities, newspapers, and not least the patients suffering from the acute lack of facilities are clamouring for action and help; that one senior consultant surgeon called a Press conference because he feared that patients' lives could be at risk because all the adult surgical emergencies for 300,000 people were passing through two 50-bed wards, which at times became more like a casualty clearing station on a battlefield than the surgical wards of a hospital in a civilised country, and another senior consultant at another Medway hospital has urged local civic leaders to make a fuss about the state of their hospitals; and that the special care baby unit at one of the Medway hospitals is still in use two years after being condemned as a health risk, this House calls upon the Secretary of State for Social Services, who has ultimate responsibility for what is happening in the health services in Medway, to intervene firmly to stabilise the present position, and to act urgently to ensure that the standards are rapidly brought up to nothing less than the minimum standards that informed and responsible members of the medical and nursing professions consider necessary to enable them properly to discharge their tasks of treating the sick and injured.—[Mr. Burden.]
6.59 p.m.
Mr. Deputy Speaker, I—
It being Seven o'clock, the Proceedings on the Motion lapsed, pursuant to Standing Order No. 6 ( Precedence of Government Business).
Orders Of The Day
Post Office Bill
Order for Second Reading read.
7.0 p.m.
I beg to move, That the Bill be now read a Second time.
The effect of this very short and simple Bill is to increase the maximum permitted number of members of the Post Office—the Board, in other words—from 12 to 19, in each case excluding the chairman. In all other respects, the formal structure of the Post Office will remain unchanged. The purpose of this increase in the size of the Board is to enable the Government to give effect to agreed proposals from the Post Office and the Council of Post Office Unions for an experiment in industrial democracy in the Post Office. I should like to describe the history of these proposals. In 1974 the Government asked the management and unions of the Post Office to produce proposals for the extension of industrial democracy in the Post Office. Following on from this initiative, my hon. Friend the Minister of State, the Member for Manchester, Ardwick (Mr. Kaufman), invited the Post Office and unions to a tripartite meeting last July to discuss the way forward. At that meeting it was agreed that the Post Office and its unions would get together to negotiate agreed proposals for an experiment in industrial democracy in the Post Office. After a great deal of hard work, they submitted their proposals in the form of a joint report earlier this year. I have placed copies of this report in the Library of the House. It is right that we should pay tribute to all those in the Post Office, management and workers' representatives alike, who have taken part in formulating the proposals. The Post Office and its unions have a long history of forward-looking and effective consultation procedures, and this is one of the factors which weighed heavily with the Government in considering the prospects for an experiment in industrial democracy in their industry. The proposals recommend that there should be an experiment in industrial democracy in the Post Office, lasting for two years. Progress will then be reviewed with an entirely open mind by the Post Office, the unions and the Government. The key feature of the proposals is an enlarged Board, consisting of equal numbers of full-time executive members and employee members, with a smaller number of independent members. The joint report recommended that on this basis the number of seats should be 16, with six management, six employee and four independent members. The chairman would be independent of the three groups unless his functions were designated not only as those of chairman but as including a specific and titular executive management role. In that situation the chairman would be counted as one of the management group. The Government welcome these proposals as a constructive and well thought out arrangement for extending industrial democracy in the Post Office. We have studied the proposals with care, and have also taken into account the strong feeling in favour of a consumer presence on the Board. At the same time, we have been anxious to ensure that the overall structure of the Board leaves room for an adequate blend of experience. After further consultation with the interested parties, the Government have accepted the joint report, but have concluded that there would be advantage in adjusting the proposed size of the Board from 16 to 19 members. This would mean that the composition of the Board for the experimental period would be seven management members with full-time executive responsibilities, seven members from the work force, and five part-time members independent of these two groups. Two of the independent members should be persons specifically experienced in consumer affairs and able to speak from a consumer viewpoint. This will allow for adequate employee membership, while also providing a strong element of independent membership. The proposed new arrangement cannot be accommodated within the present statutory maximum of 12 members of the Post Office. That is why this Bill is needed. As the House will be aware, the Post Office Act 1969 confers the power of appointment of the members of the Post Office on the Secretary of State after consultation with the Chairman. This will remain the position for all members of the Post Office for the duration of the experiment, if the House approves the Bill. All members, once appointed, will have the same statutory duties as now, and will share full corporate responsibility for running the Post Office. The appointments of the seven executive members will be made, as now, primarily on the basis of general management ability and, where appropriate, of individual skill and experience in more specialised management functions, such as finance and personnel. For the seven worker directors, I shall invite nominations from the Council of Post Office Unions. The unions will agree arrangements for allocating these seven seats among themselves, and the unions will choose their nominees by the same machinery which is used for the election of national officials. In accepting these arrangements as appropriate for the Post Office I have had very much in mind the high degree of union membership in the Post Office—well over 90 per cent.—and the fact that the great majority of Post Office employees are members of unions with no membership outside the Post Office. I shall not be obliged to accept union nominations put to me, though I should expect normally to be able to do so, and I shall be willing in cases of difficulty to consult the union concerned. In choosing the five independent members I shall bear in mind the need to ensure that this group of members is genuinely independent of the other two groups. My main concern will be to provide the Board with a wide range of skill and experience from outside the Post Office. I have explained the importance which we attach to adequate consumer experience on the Board. I shall, of course, consult my right hon. Friend the Secretary of State for Prices and Consumer Protection on the appointment of the two members with consumer experience, though it would not be in accordance with normal practice to provide for such consultation in the Bill. In appointing the five independents I shall be ready to consider nominations from management and unions in the Post Office, though I would not confine my consideration to such nominations and would not be bound by them. I would also take account of any objections which I judge to be reasonable from management or unions to proposed appointments. I would expect that objections would be raised only exceptionally to independent candidates, and the final decision will, of course, be mine. All members of the Board, to whichever category they are appointed, will share full corporate responsibility for running the Post Office and will be expected to play their full part as Board members. There will be no restricted category of membership. The proposals agreed between the Post Office and the unions have been submitted and have been accepted as being an experiment suitable to the particular circumstances of the Post Office. This is in line with our policy of encouraging the development by agreement—and I emphasise that it is by agreement—of forms of industrial democracy appropriate to the particular circumstances of individual organisations.May I revert to what the right hon. Gentleman was saying about the independent members? I think he said that he would give the right to management and the trade unions to raise objections. Can he enlarge on that point? Can he say in what circumstances he would think it proper for management and unions to pass comment on the suitability of proposed independent candidates for the Board?
In the present circumstances, with the present Board, I am required to consult the Chairman of the Corporation about appointments, and, of course, I have done so ever since taking office. I am not suggesting that, within the context of this experiment, it will be possible or may be necessary for the Corporation, through its management members, and, equally, for the union members, to raise points about individual members. I do not think that it is possible to cover every contingency and to suggest that they could
There is some confusion on this matter. If the individuals are not acceptable to the Secretary of State or not acceptable to the Chairman of the Post Office, does the Secretary of State have the final say, or does the Chairman?
I have the final say on all appointments within the context of this experiment.
The experiment is in line with general Government policy on encouraging the development of industrial democracy by agreement. The Post Office is the largest business in the country, and it has a long history of good industrial relations and progressive and responsible attitudes on the part of both management and unions. All those who have been associated with this experiment are keenly aware of the Post Office's ability to make a success of the next two years, and there is no doubt that if the experiment is a success it will have a considerable influence on the whole future of industrial democracy in Britain. This experiment will be closely watched by both the champions and enemies of industrial democracy. raise this or that objection. It is part of the agreement, which, no doubt, the hon. Gentleman has considered if he has obtained a copy of it. I would not be bound by the objection and I would still, if necessary, go ahead with the appointment. That is part of the consultation process that I envisage. I should like to extend what I believe to be well-deserved congratulations to the Post Office management and unions on producing agreed proposals for the experiment and to my hon. Friend the Minister of State for his skilful chairmanship of the tripartite meetings. They have devoted much time and effort to this important matter over the past two years, but they recognise that the making and acceptance of these proposals is only a beginning. The real test will be to make the experiment work. The various Post Office unions will be putting the proposals for the experiment, as modified in discussion with the Government, to their annual conferences in the next few weeks. I hope that they will receive full endorsement, and that the unions will enable their members to participate in the experiment and share in electing members to the board.Has the Secretary of State thought through the implications of what will happen should a situation arise in which trade union members of the Board are at loggerheads with their opposite numbers in management over some industrial matter? What would happen if they were unable to reconcile this, and it led to industrial action? In these circumstances what would be the position of trade union members on the Board?
I apologise if the hon. Member has not had time to look at the agreed proposals that were placed in the Library this morning. That kind of situation was envisaged in the discussions that took place between the Post Office Corporation and the unions. They accepted full corporate responsibility as members of the Board. They will not engage in discussions about factors the hon. Member has described, although there will be a procedure for reporting back to their conferences. I cannot point to the particular section in the agreement without taking up too much time, but no doubt my hon. Friend will point this out when he winds up. While one cannot cover every contingency—we are breaking new ground here—this was a factor, because it was an obvious one, that was taken into consideration in discussions on whether the experiment should go ahead. I am not trying to evade or avoid the hon. Member's question. I hope that he will accept that this matter was considered at some length.
I want to bring my speech to a close as this is a short debate and other hon. Members wish to speak. I hope that what we are proposing will get the full endorsement of all concerned. The Government, for their part, have moved quickly to introduce this Bill, which is essential to put the experiment into operation. All being well, and with the good will of all concerned, and of the Opposition in Committee, I hope that appointments can be made as soon as practicable after the Bill receives Royal Assent. I hope that the House will give this experiment an opportunity to go ahead and succeed, and that hon. Members will support the proposals.7.16 p.m.
There are two interesting features in this Bill. The first is that it is a one-clause Bill, which is unusual. But when it is short on words it is long on significance. I do not think that anyone should be misled by the fact that it is so short. It is extremely important.
Another reason why the Bill commands our attention is that it is the first eccentric gasp of life from the Lib-Lab consultative committee. Here we have the bright fruits of the alliance. We have been waiting with bated breath for the results that will stiffen the sinews and make the blood run quicker through the veins of the Liberal workers in the trenches. However, I was disappointed with the results because I thought that we would get something more than a bit more State patronage. The hills have been in labour but they have produced only the smallest brown mouse.I do not think that my hon. Friend is right in saying that the Lib-Lab pact has made the Post Office the guinea-pig of the Bullock Report. The seeds were planted long before the pact.
My hon. Friend is quite right but it is true that the original proposals that the Government had in mind and to which the Secretary of State referred, were modified in the light of the discussions with the Liberals. The intention has been and is to use the Post Office as an experiment in industrial democracy.
There are some curious features in the Bill. Despite this we would wish to give it a Second Reading, and I commend it to my hon. Friends. Some people may feel that at best it will make little difference and that it runs risks. I hope that such sceptics will be confounded and that the Bill will prove a success. There have been differences between the two sides of the House over the implementation of the Bullock Report. Conservatives accept that it is right that employees should be given a say over matters affecting their lives, such as those relating to investment, takeovers and new plant. We see that primarily in terms of improving the efficiency of industry and meeting the aspirations of people. I do not go along with the more extreme rhetoric from the Labour Benches comparing the extension of industrial democracy with the extension of the franchise. The analogy is misleading, not least because the extension of the franchise was not confined to trade union members. Another significant difference between us and the Government on this matter is that we fear that the Government might use the Bullock Report as an opportunity to impose one particular system of worker participation on industry as a whole. At least that is not happening in this situation. This is a one-off Bill, and it is not being imposed by law. The details were worked out within the Post Office and what we are being presented with today is essentially an enabling Bill for the enlargement of the Board to allow the experiment to be carried out. One perhaps ought to make the point that although no solution is being imposed by law, one suspects that a certain amount of pressure has been put on the Post Office to conduct the experiment—pressure from the trade unions on the Government—I suspect that the management in the Post Office has not been quite as enthusiastic as the trade union side. One ought to recognise that there are risks in conducting this experiment. The Post Office, as Ministers constantly remind us, is a very important part of the economy of this country. It is one of the largest corporations in the world. It is the largest in this country and the largest in Europe. It is larger than many corporations in the United States. It is a difficult enough corporation to run, one might say, without being an experiment for the private sector. Although we recognise and, indeed, support the arguments against imposing worker participation by law, in some ways I think it is extraordinary that we have been given so little detail until this moment of the way in which the agreements are to operate. We seem to be presented with a blank document, a blank cheque, to Mr. Jackson, guaranteed by the most unlikely of guarantors, the Liberal Party. There are many details in the scheme which still seem to be unclear and still seem to be in need of greater clarification. There is to be a code of practice for the directors. Will this code of practice actually be made public? Will Parliament, as well as the conferences of the trade unions, have an opportunity to approve that code of practice? Has the scheme actually been approved by all the negotiating parties, all the people involved in the Post Office unions, including the associate members of COPOU? Another area which seems to be left largely grey is that neither side has yet committed itself to what should happen at the local or regional level. For these reasons, it seems that we are presented with a blank document—not so much a half-baked scheme as one that has hardly been in the oven at all. In many ways, too, the proposals differ from those put forward in the Bullock Report. It is unclear, for example, how far the Post Office Board is to correspond to a unitary board, because there are references in the original document—the study group between COPOU and the Post Office—to the relationship between the management board and the Board of the Post Office being altered. Will the Board conform to what the Bullock Report saw as being a unitary board? It appears that COPOU itself is not the same as the joint representative committee that was envisaged in the Bullock Report. There are, I believe, eight unions in all in the Post Office. They are not all members of COPOU. Some are associate members, as I have mentioned earlier, and it is extremely important that they should be fully consulted and give their agreement to what is proposed. Most important of all, there is no evidence that the work force in general has been asked or consulted about whether it wishes to have worker-directors at all. In the Bullock Report it was specified that there ought to be a firm-wide, or corporation-wide ballot on whether people wanted to have the principle of worker-directors at all. I welcome what the Secretary of State has said about the union people being elected. That had not been clear in the documents we had had so far until today, and I have not seen any document placed in the Library this morning. But one knows that there is a difference between the procedures being followed here and those actually proposed in the Bullock Report, where it was suggested that no scheme ought to be implemented until it had been triggered by a firm-wide ballot. One of the doubts that one must have about the scheme concerns its timing. Perhaps we have grown too used to the rather leisurely pace at which the business of Parliament is currently proceeding, but there are all sorts of inquiries going on in Whitehall, one understands, about worker participation. There are variout committees relating to worker participation in the public sector. According to Press reports, there is a committee in the Civil Service Department and one in the Department of the Environment. There is one that was being run by Mr. Lord, on industrial democracy generally in the public sector. He has now gone to greener pastures elsewhere, but what is happening to his report? Is it to be published? What has it said? How far does it fit in with what is proposed here? Apart from those internal reports in Whitehall, there is also the Carter Report. We know from Press reports—or think we know—what is in the Carter Report, but why could not the Government have waited until the report was published and we had had a debate on it in the House, and the public at large had been able to digest it and gauge its reaction to it? After all, the Carter Committee considered the question of worker participation and took some very good evidence from the Post Office Engineering Union about worker participation in the Post Office. It is widely rumoured that the report will recommend that the corporation should be split into two parts. Will that be made easier by making a premature decision now on worker representation on a joint board? As I was driving here for this debate tonight, I heard Mr. Jackson himself saying how very strongly he was opposed to any proposals in the Carter Report to split the corporation into two. How easy will it be to implement those proposals—if they exist—if we have this scheme implemented now? Will it be easy to implement any reduction in manning, which may be recommended by the report? It seems to me that it would have been wiser to wait for the report to be published and for people to gauge their reaction to it. With regard to the scheme itself, there are three criteria by which one should judge what the Secretary of State said today. First, will the proposals ensure the accountability of the Post Office? Secondly, will they speed up the introduction of change within the Post Office? Thirdly, and most important of all, will they result in improved services to the customers? It is when one examines the proposals by these criteria that one must have some doubts. Consider first the fact that there seems to be a tremendous blurring of responsibility by some of the proposals. In answer to an intervention the Secretary of State tried to deal with one point which interested me. Under the 1969 Act he has the last word on the appointment of Board directors, but unions at the same time are to be able to nominate them. Will the Secretary of State really be able to reject someone if the unions suggest a person whom he thinks unsuitable? I hope that he has very firmly said that that is the case. But the more important question to which I should like to refer is whether we can be sure that all the directors of the Board will have the same obligations and responsibilities. It would be a real tragedy if these proposals resulted in seven-a-side football, with five linesmen and a referee. Are they all to take the same obligations? Are they all to have the same responsibility? the Secretary of State touched on this today and said "Yes", but that is not entirely born out by the joint study group report of the Council of Post Office Unions and the Post Office. When talking about the attitude of the unions and their position, the report said that the union membersThe report went on to"would not be ' mandated ' by the unions but they would need to report back to their ' constituencies ', possibly at Annual Conferences and more frequently to Executive Councils. To this end the parties accept that a general understanding or agreed code of practice would be necessary".
It seems to me that it will not lead to the smooth operation of a board to have members of it who are not to undertake to defend the decisions of that board in public. If all they have to do is to maintain silence—if that is the most that can be expected of them—all a member of the Board has to do is to say "No comment" and it will be as plain as a pikestaff exactly what his attitude to a Board decision has been. Boards cannot work in that way, and that document is symptomatic of how it really will operate. It will ensure that the Board will be a forum for debate rather than for decision making."envisage that such union nominees would discuss at a meeting of the Board… the general nature and extent of reports back; that while they could not be expected to defend publicly a Board decision which was at variance with their unions' policy, they would refrain in public from taking such decisions".
The hon. Gentleman has quoted out of context in order to strengthen his argument. The hon. Gentleman was quoting from paragraph 13 of the document. He should have gone on to say, in pointing out the unions' responsibilities, that like all Board members, the union members would explain the Board's reasons for decisions—including any with which they might disagree. That goes much further than the hon. Gentleman suggested. The members will not be washing their hands of responsibility. That is fully explained in paragraph 13 when it is read from start to finish.
I am sorry that I did not read out the whole of that sentence, but I thought that I had read a long extract. The part to which the Secretary of State referred is more an expression of hope than anything else. Of course, Board members can formally undertake to convey what the rest of its members have given as their reasons for a particular decision, but if it is to work successfully it must operate on the same basis as the Cabinet. Members must have collective responsibility and abide by the decisions made. Despite what the Secretary of State has said and despite what is written in that document, the theory of Cabinet responsibility here is similar to that held by the Secretary of State for Energy and, quite rightly, it is rejected by the Prime Minister because it will not work. A board must abide by the collective decisions of that board.
There are also doubts about the size of the Board, although it could be said that there are private sector boards that are just as large. I note that Sir William Ryland has expressed doubts about its size. It is extremely important that its independent members really shoud be independent, and that the union nominees should be people who are listened to on the ground, people of experience and qualifications who can contribute to the Board. I hope that this will not be an excuse for "Buggins's turn next". The Secretary of State did not say anything about training or other facilities that might be available. I hope that there will be something that we can learn from this for the future and that the unions will provide good people, because nothing could do the scheme more good than the unions coming up with good people for the Board. The main point is that it is not just participation at Board level that matters. Participation matters at all levels, and perhaps it is a pity that more has not been said about participation at regional and local level. I gather that is to be left until later. Participation at Board level will not work great changes just by itself. I noticed that the Minister of State, in an admirable speech the other day, referred to worker participation as unleashing a great reservoir of enthusiasm and talent in the Post Office. All these "bound Prometheians" will not come forward to contribute to the Post Office simply because we enlarge the Board. Something must happen at a lower level as well. The test to which the greatest attention will be paid is how much having union representatives on the Board will enable the Post Office to speed up modernisation and change. Those who are sceptical about the scheme fear that it may lead to bargaining power being brought into the board room and that there will therefore be less change, not more. In that sense, what happens in the Post Office will be a good test for worker participation generally. When we receive the Carter Report we shall have a more balanced and authoritative view of overmanning in the Post Office, but I shall be surprised if the report does not confirm some of the things that have been said about overmanning and union practices in the past. We know the difficulties that have been experienced in the past in introducing mechanised sorting, and how the Post Office has been compelled by union attitudes to pay what many consider to be a high price for its introduction. It is due to that resistance that for long periods up-to-date and expensive machinery has been lying about unused, under plastic sheets. Meanwhile, productivity has declined. Throughput per man in the mail has declined by 12½ per cent. since 1970. That is the equivalent of a penny on a letter. I make no apology for mentioning union attitudes. I am not for a moment suggesting that everything that is wrong in the Post Office is the fault of union attitudes, but we are here talking about the extension of union power and responsibilities. It is therefore legitimate to discuss how that power has been used in the past and how it will be used in the future. Nor is this simply a question of economics and efficiency. Political matters are involved. I had intended to refer in passing to the evidence that the unions were anxious to repeal some of the statutory obligations of the Post Office—particularly Section 58 of the Post Office Act 1953, but as I drove here tonight I heard on the radio that the Government and the unions are now talking about this very thing and, according to Mr. Jackson, there is a chance that that section of the Act will be repealed. We have considerable reservations and regrets about that. The postal service should not be the subject of regional or national whims, or political interference in any way. In the last analysis, this experiment will be judged by the results and on whether there is any improvement in the postal service. Unfortunately it will be extremely difficult for people to measure the results, because we do not receive the information that we ought to have about the efficiency of the Post Office. Indeed, the unions have been obstructive and have tried to prevent more information being made available to the users of the postal services. I cannot see any reason why we should not have the figures relating to output per man, and per man hour. That is the way in which we can judge the efficiency of the Post Office. The fact that the Post Office is able to borrow all the money that it wants, to put up its prices, and is a monopoly, is all the more argument why we should be entitled to such detailed information in order to judge its performance. It is no use the Government complaining—as the Minister of State has sometimes done—that the critics of the Post Office are confined to columnists in The Times or the Sir Herbert Gussets of this world. In a previous incarnation, when the Minister of State was in the Opposition Benches, he complained that whenever he took up his telephone all that he could obtain was a high-pitched whine.That was the responsibility not of the Post Office but of the PBX system in the House.
My impression was that the hon. Gentleman was talking about the telephone service generally and about the telephone in his own home.
In the absence of statistics about the performance of the Post Office, people will judge the service by their own experience and they will judge this experience by the results achieved. We want to know whether the experiment will do anything to rectify the situation in which 7,000 first-class letters are late every day, that prevents a telex being installed in South London in less than three to six months, and in which automatic telexes in this country cost five to six limes more than they do in the United States. There is public dissatisfaction with the services and a feeling that as costs go up the services are not improving—far from it. I hope that the critics of the scheme are confounded. I wish the Board well, and I hope that we shall be able to see a real improvement in the performance of the corporation, but I do not think that it is any use pretending that people are watching the experiment other than very critically.7.40 p.m.
I congratulate the Government on introducing the Bill and on the agreement they have brought to the House which has been reached between the Post Office and the unions concerned. It will be warmly welcomed by the union members and in the Labour Party, where many people have been expressing concern for some time about the lack of democracy in the public sector. They will be watching with close interest to see how the experiment in the Post Office works with a view, if it is successful, to a possible extension on similar lines to other public corporations.
I rebut the suggestion of the hon. Member for Totnes (Mr. Mawby) that the proposal has come to light only as a result of the Bullock Report. The House knows of my association with one of the Post Office unions, and I know that the unions have been pressing for more than 30 years to have a voice in the shaping of the decisions that affect their members' lives. The remarkable degree of consultation which takes place within the Post Office and which is a response to the pressure is testimony of that fact. The general secretary of the Union of Post Office Workers said at the union's conference today that his members are anxious and eager to have the opportunity that this experiment in industrial democracy will provide to have a say and to take part in the shaping of the decisions that affect them. I agree with him that the worker-directors of that union and others will work in the interests of the community as well as in the interests of workers within the industry. I also agree with him that they will be working for greater efficiency and an extension of the usefulness of the services provided. The unions will expect the new Post Office Board to have a better track record than we have seen in the past, and I think that all those who participate in the scheme will share that wish. The Post Office workers have a great and positive contribution to make in these matters. They have developed the finest and most effective joint consultative machinery one could hope for in an industry of this size. They are ready for the logical extension of that machinery into this experiment. I am connected with the Civil and Public Services Association, which, in backing the experiment and giving it full-hearted support, would like certain assurances, some of which have been referred to already. The hon. Member for Kingston upon Thames (Mr. Lamont) referred to extending this democracy to local and regional level. We are all anxious that the experiment should not take place only at the top level at Board meetings in Post Office headquarters in Howland Street that are totally removed from workers in the North of Scotland, Manchester, Liverpool, the North-East, Devon or other parts of the country. We hope that the experiment will, as the agreement seems to indicate, link with similar developments at regional and local level. I should like an assurance from the Minister that there will be immediate moves to introduce such participation. The CPSA feels strongly and made clear in its evidence to the Carter Committee that certain changes are necessary in the structure of the Post Office. I hope that the Minister will be able to assure us that any change, such as splitting the Post Office into two parts as has been widely discussed, will not be obstructed as a result of the new structure of the Board agreed between the unions and the Post Office. I hope also that we may have an assurance that the new structure will not be used to change or impede the present collective bargaining procedures that have been worked out as a result of sometimes painful discussions over the years. Much has been achieved and there is the best of relationships between the management and the unions in the Post Office. It is to be hoped that this can be continued along with the present collective bargaining procedures. The House may be interested to know that the CPSA has decided that if it has a representative on the Board he or she will not be involved in the collective bargaining process with the Post Office and will not be able to vote on Post Office issues within the union. He or she will be able to take part in any discussions, but will not be able to vote. I have also had a long association with the co-operative movement, which, as a consumer organisation, is closely interested in the experiment from the consumer's point of view. It is interested in the appointment of outside directors to the Post Office Board. The report of the National Consumer Council on consumer machinery in public sector enterprises came down in favour of representation on the boards from users' councils. My right hon. Friend the Secretary of State for Prices and Consumer Protection has yet to give his opinion, but an opportunity has arisen for the practical testing of that suggestion in the Post Office experiment. The Post Office Users' National Council is broadly based and is representative of large and small users of the services. I believe that the hon. Member for Hampstead (Mr. Finsberg) once served on the council, which has more experience of commenting on services and charges than has almost any other body in the public sector. I suggest that the Minister should consider the POUNC as one source of names for the independent people on the Board. It is important to have persons with business experience. The Post Office is a business and it will be important for the reconstituted Board to achieve commercial success. We must get the right blend of commercial and ordinary domestice user represented on the Board so that a strong consumer view is being pressed. The reconciliation of good results with consumer satisfaction remains the greatest factor challenging public sector enterprises. The trinity concept enshrined in the agreement that has been reached of management, worker and consumer directors is worthy of our encouragement. I hope that the House will give it its support by giving the Bill a Second Reading7.51 p.m.
The first consequence of the Bill, if, as Liberals hope, it is carried, will be that for the first time the great British Post Office, one of our finest national institutions, will have a real board in the full sense of the term, rather than being governed by a series of field-marshals with their successive retinues of junior officers. That is surely greatly to be welcomed.
At this time of impending national celebration it is to be noted with what a blaze of truly symbolic pageantry the old Post Office régime appears to be departing. It is announcing to the nation that it has managed, without being aware of it at the time, to amass more than £100 million of excess profit. It did not know that this was accruing until the balances were struck at the end of the period. Elevating the Post Office's rule of thumb to a great maxim of State, it is now to distribute the excess with a lack of discrimination that has not been equalled since a general baptised the whole of his army with a hosepipe. It appears to be oblivious of the immensely different needs and circumstances of the different people who are each to receive the £7 Jubilee bonus, and oblivious of the 7,000 jobs that are estimated to have been lost by the excessive prices that have put telephones out of reach of so many people during the period of the excess profit, and oblivious of the fact that the worst-hit people have now gone off the telephone, having been forced to abandon it before the qualifying date for the £7. When we contemplate that situation it is surely high time that there should be a fairly radical experiment in a new form of control of this great national institution. I believe that the experimental Board, with the zeal that is kindled by the new prospects, will work as a board. There will be no question that it will be content to receive on a Sunday afternoon from a dispatch rider the papers for the meeting to be held on the next day, the Monday. Its members will be keen to get down to things and to demand a standard of information that I am afraid the Post Office is not at present equipped, accountancy-wise, to provide for its directors. There will be a revolution in the financial establishment of the Post Office to comply with the requirements of the new Board. It is also welcome to Liberal Members that we should be proceeding at last in this place by way of experiment rather than by forcing doctrinaire methods on great national institutions, only to have them repealed when the electoral pendulum swings. As the Secretary of State has made clear, the experiment is to be carried out with the agreement of the representatives who speak for 95 per cent. of those who will be involved. It is no secret that this measure has been the subject of a modest amount of pre-legislation consultation. Alas, that consultation has taken place between only two parties. We wish that it could have been consultation between all the various parties in the House. We hope that eventually measures of this sort will have a large degree of all-party consultation before they are laid before the House. At any rate, a start has been made, and I shall refer to that briefly in a moment. The only minus in the Liberal assessment so far is that the House, alas, does not have the Carter Report available for the purposes of this debate. It appears to have missed the opportunity by a whisker. The report would not have served to quash the experiment, but it might conceivably have altered the shape of it. Given the information that has been provided by the free Press about the report, the official channels seemingly having been very sluggish, we grasp to some extent the heroic task that the union members and independent members have agreed to take on by engaging in responsibility for the Post Office at this precarious time in its fortunes. I wish that the House had before it the Carter Report and its recommendations for this debate. As has been emphasised in total contradiction to the interjection of the hon. Member for Totnes (Mr. Mawby), who, having made his interjection, promptly fled, the experiment has nothing whatever to do with Bullock. Any suggestion that this is in some way a sprat to catch a mackerel in respect of shapes and forms of worker participation is nonsense. Liberal Members believe that the Government were right to treat this as a matter of urgency. New modes of communication are rapidly coming into force throughout the developed world. They are not likely to reduce the need for a letter service but they are likely greatly to reduce the demand for it, which will pose tremendous problems for our Post Office. The Post Office now has to seek its staff from an entirely new generation, which is totally unwilling, for the most part, to accept the old regimentation on which the Post Office has traditionally worked. The wholly centralised régime is in urgent need of remodelling if there is not to be a breakdown. In those circumstances it seemed wise to bring together all the various parties involved to share responsibility. At the very lowest level, if people find themselves lost on a barren moor in fog, with the traditional landmarks out of sight, the best thing to do is to huddle together for warmth for a period so as to survive. However, I believe that this enterprise can represent rather more than that. It is no secret that when these proposals reached the Lib-Lab consultation committee there was no specific provision for consumer representatives among the 16 members—the membership then proposed by the Government. The Government advanced an argument that we believe had some merit. It cannot be denied that everybody on the Board must, by definition, be a Post Office consumer. That is manifestly true. We hope that that fact will be borne in mind when the appointments are made. If the total membership of the Board is to be kept within reasonable bounds there can be only two places for the ordinary private consumer. This creates the great problem of representing the needs of the big user, who represents very great profit to the Post Office and without whom it would be non-viable. We hope that that type of user will be represented by at least one of the other independent members. If the Government are seeking, for example, a representative of retailing or modern business methods, or both, it should not be difficult to ensure that such a person is capable of representing the needs of very large users of the Post Office. We urge upon the Government the provision of an extra independent member so that there may be two members on the Board who will be there for no other reason than their specific familiarity with consumer affairs. We were thinking of the ordinary private consumer, who, except in times of special urgency, has no organised lobby acting on his behalf and has no access to any space in the newspapers to advertise his grievance. He should be represented where the knowledge and power really lie. I pay tribute to the zeal of the Post Office Users' National Council under Lord Peddie, which neither receives sufficient information nor has adequate attention paid to its recommendations to be effectively representative of the consumer. If one wants evidence one needs to go no further than Lord Peddie's letter in The Times of today, in which he makes clear that his council was pushed and bullied into accepting the £7 refund. The present consumer body is therefore toothless. We welcome the Secretary of State's announcement that the new Bill will provide two directors who are specifically appointed for their familiarity with consumer affairs and who will therefore be held accountable by the consumers. I conclude my remarks by explaining how members of the Liberal Party believe that members of the new Board should be appointed. Just as the wholly unwarranted old-time secrecy about JPs and all the mystery that surrounded that has been swept away by the newspapers carrying an intimation at least once a year that a particular clerk will be pleased to receive suggestions for membership of the Bench, we hope that through the National Consumer Council the consumer representative appointments on the Board will be advertised. That will mean that anyone can submit his application or that anyone may submit the name of another person. Such advertising would mean that the widest range of people would be considered. I understand that the British Airports Authority advertises for its consumer membership. I have already mentioned the parallel of appointments of justices of the peace. We believe that the experiment will help to promote the likely recommendations of the Carter Committee. We believe that the hundreds of thousands of concerned users of the Post Office can expect a most promising two years of debate and discussion, which we hope will result in major legislation from a radical Government by about 1979–80. In the meantime, we shall watch the experiment with hawk-like care.8.4 p.m.
I am a member of the Select Committee on Nationalised Industries. For a short time I worked in the Treasury and was particularly involved with the Post Office. In principle, I believe that worker-directors in the Post Office, nationalised industries and other major industries are a good idea. As a journalist I spent some time in Germany looking at how the system worked there. I was impressed by communications in the workers' councils in Germany and the way in which disputes were defused before they got out of control, as they sometimes do in this country.
I am less convinced that we should have worker-directors in all companies, because for companies of a certain size that would involve major changes in company legislation. In principle it is a good idea. It is sad that it has taken so long for this country to realise the implications of the idea, particularly in view of our entry into the European Community, where the wisdom of some degree of worker participation is recognised. It is important to see the Post Office in the wider context. It is just over a year since the Carter Committee was set up. Lord Wall, a former deputy chairman and Government supporter, expressed his concern about the scheme. On 20th April he said:The Post Office Review Committee, which apart from the 1966–67 Select Committee inquiry is the first thorough investigation into the Post Office since the Bridgeman/Gardner Reports of the late 1920s and early 1930s, was specifically asked"To have taken this major decision before the Carter report is published and the future of Bullock has been decided looks unwise as well as discourteous. I am certainly not against having trade unionists or workers on the Post Office Board, but I believe that the Board needs some really top-rate business people as well. This hasty decision can hardly help."
The unions gave evidence to the review committee about worker participation at board level. As the issue is apparently to be decided without the committee's views, that evidence now seems irrelevant. In evidence, the Post Office Engineering Union suggested the establishment of an executibe board"to examine the performance and main features of the organisation of the Post Office and its use of its resources and assets; and to consider whether any changes would better enable it to perform its functions under the Post Office Act, 1968."
That idea has considerable merit. It is regrettable that we are to proceed with this measure without the Carter Committee's evaluation of it. The way in which the scheme has been evolved appears to be the negation of the democratic ideals that it seeks to serve. At no time did the Government. Post Office management or unions actively involve user organisations in their discussions."appointed by and answerable to a management board".
The hon. Member may care to know that I have discussed this matter both with Lord Peddie and with Mr. Michael Young. Both have wished the experiment well. Lord Peddie has done so verbally and I have a letter from Mr. Young expressing enthusiasm, particularly about the consumer voice on the Board.
I am delighted to hear that. Customers should surely have the same rights as people who work in the Post Office, especially in view of the monopoly which the Post Office has.
If the new arrangements are to be as beneficial as the Government argue, why did they not involve independent bodies such as the Mail Users' Association and the Telephone Users' Association? Only lately have consumers secured more than a token representation in the discussions. Much has been said about the new-style Board. Statements about what it is intended to achieve have not been forthcoming. Before embarking on the experiment we should be quite clear about what we expect of it, otherwise in two years' time it will be assessed in terms of dogma rather than performance. This type of experiment cannot be conducted with scientific precision, but we can set a series of tests by which it may be judged. There are four broad areas in which the new Board must perform if the experiment is to lay any claim to success. Those areas are the improving of the introduction of change, speedy response to change by employees, customers and management, improvement of the accountability of the Post Office, and improvement of customer relations. Performance in each of those areas has been poor and particularly disappointing under the present corporation status. Even so, no detailed statements of how they are to be improved have come from the unions or the Government. Is this a scheme to improve the operation of the Post Office, or is it merely a means of extending Government and union patronage? The impression seems to be that the Board will be too big and that it will be constructed for conflict rather than for co-operation, and for debate rather than decision-making. The majority of Board members will have no defined responsibility so far as one can see, and there seems to be very little indication that they will be selected on the basis of ability. For the union representatives we shall have to rely on whoever their systems of patronage throw up. If the unions really mean this experiment to work, they surely ought to be prepared to give up some of their best people to serve on the Board. However, it must be recognised that the unions too have their own establishment "worthies". The Post Office is a major sector of the British economy and mediocrity flourishes in it, although not in all the State industries. There seems to be some disquieting evidence to hand of the unions' conduct. They are apparently seeking to have Section 58 of the Post Office Act 1953 altered. It is that section which establishes the principle of the inviolability of the mail. The unions have in part been responsible for the delays in the postal mechanisation programme and seem to attach too high a price to its introduction. The agreement with the Post Office of a lead-in payment of £1·15p and 20p advanced savings is costing about £10 million a year. Moreover, the further agreement is costing half to the unions and half to the Post Office itself. The limiting of coding desk operations to higher-grade postmen will further increase costs. The selection of members for the Post Office Users' National Council leaves much to be desired. Most of the Post Office business is provided by a small percentage of users. These users carry the uneconomic services and the general user, yet this segment is grossly under-represented in POUNC, where more knowledge of Post Office affairs is clearly needed. The haphazard method of selection is well illustrated by the fact that no member of the Mail Users' Association has a seat on POUNC, yet a similar method is to be used to select the independent Board members. My argument is that the Post Office, like many other nationalised industries, is insufficiently accountable on a month-to-month or quarterly basis. Evidence of this was highlighted in the NEDO Report "A study of United Kingdom Nationalised Industries", which drew attention to the inadequacy of annual reports and accounts. In America large companies are monitored on a quarterly basis. This surely is most important if people are to follow what is happening and what is going on on a continuing basis. It would greatly help a judgment of the experiment if the Post Office produced an interim report—something that every public company does. Also, a more comprehensive set of key indicators is surely needed. For instance, we need to know about output per man, increases in productivity and so on. I would make a special plea for a change in the present arrangements for the collection of mail. The abolition of the late collections of mail in this great city and other major cities throughout the country has proved expensive for the consumer. I know that this point has been made many times before in the House and in another place, but I cannot believe that it costs eight times as much, or whatever the figure is, to collect a letter at 9 o'clock in London on a weekday evening or to collect a letter on a Sunday evening. The diminution of services has been a great disservice to the consumer in this country. The argument is that we cannot afford this service, which used to exist and which was particularly valuable to professional people. But the Post Office could perhaps arrange for a surcharge to enable one to post a letter at such times. As far as I know, the only place in London where one can post a letter in the middle of the night is the post office at Leicester Square. The argument is that the Post Office cannot afford to do these things, but perhaps we could be allowed the privilege of spending three or four times as much to post a letter and have it collected on a weekday night or on a Sunday afternoon.8.15 p.m.
I shall not follow the last remarks of the hon. Member for Nantwich (Mr. Cockcroft) when talking about the existing service of the Post Office, but it would be interesting to find what the workers' representatives on the Board would say on matters such as Sunday collections.
I join with other hon. Members who have given a general welcome to the Bill and I congratulate the Minister of Stale for the discussions that he has had with the various trade union organisations involved. I also pay tribute to the success of the Department in bringing forward this one-clause Bill. I am sure that many hon. Members welcome the move towards shorter Bills and that the Minister of State, when thinking about the Aircraft and Shipbuilding Industries Bill, wished that he could have found an appropriate clause to bring before the House. This Bill is a historic decision and it is pleasing that one has condensed it to one clause. The Government could easily have said "We have set up the Royal Commission under Lord Bullock to look into the whole question of industrial democracy and, therefore, we should not proceed on this question but wait for that document and the White Paper" There would have been considerable temptation to wait until the outcome of Carter, which was set up to look at the Post Office, but that would have been a way of postponing doing something about this matter. I am glad that the Government are proceeding in the way that they are. I understand that the Liberal spokesman would like to claim some credit for their discussions with the Government. That is fair enough. They are doing something for the Government and they should be rewarded for it. But I would point out that workers' representatives within the Post Office is not a new idea. My hon. Friend the Member for Thornaby (Mr. Wrigglesworth) talked about 30 years. If we go back to the constitution of the Union of Post Office Workers we find that they were talking about that back in 1919. Not long after Sydney Webb wrote Clause 4 into the Labour Party constitution, which talked about common ownership and new means of production, distribution and exchange. Worker participation has been with the Post Office unions for a long time.The hon. Gentleman referred to Sydney Webb. Does he recall that both Sydney and Beatrice Webb said that at least one-third of the members of the boards of nationalised industry should be representatives of the consumer?
Yes, I hope to come to that point. Both Sydney and Beatrice were strong co-operatives as well as Socialists, and recognised that in the running of efficient industries we should have Government and workers represented and that the consumer should have a voice. I shall come to that at a later stage.
I am glad that the Minister of State has already said that he has had discussions in this regard. What we are concerned with here is a sort of small Bullock, in the sense that we are dealing with the Post Office specifically. It is the heart of an industrial democracy. The failing in so many countries is that they tend to think of democracy is putting a cross on a paper and putting the paper in a ballot box every four or five years. We must realise that political democracy is something more than that. If we are to have genuine democracy, people should participate in the industries in which they are involved. Bullock will be dealing with this matter for the private sector. Why are enterprises controlled in 1977 by shareholders' representatives? Why do those who give their lives to a company have no say in its running? Working people should be involved in decision making in the public and the private sectors. They often know what is wrong, but their voice cannot be raised directly in the board room. Their suggestions have to be passed on to Members of Parliament. I hope that the Government will rapidly implement Bullock's main proposals and I am pleased that they have gone ahead with this small element. It is one thing for a Labour Government to say what should happen in the private sector, but they must practise what they preach in the public sector. That is being done in this Bill. This is an experiment for only two years, so it has no bearing on whether the Carter Committee eventually recommends splitting postal services from telecommunications. I prefer the two sides to remain united. At the moment, posts are labour-intensive and telecommunications are highly mechanised. If they are split, prices will have to be greatly increased on the postal side because of labour costs and inflation or rising living standards, while, with new technology, telecommunications can make great savings. But unification is no argument against this experiment and I am glad that it is to go ahead. I hope that consumers' representatives will be considered for the Board. The Minister said that he has had discussions with Lord Peddie of the Post Office Users' National Council and with Michael Young of the Consumer Council, both of whom have accepted the proposal. If both group and individual consumers are represented among those managing it, the Post Office will be administered better. On the engineering side and in the Union of Post Office Workers there are people dedicated to the industry. When they are making efforts to create an efficient service, they are greatly displeased by back-biting complaints. That used to happen in the House. If a letter was delivered to the wrong address, or arrived three days late, hon. Members used to complain. I am delighted that the Bill has only one clause. I am almost tempted to volunteer for the Committee. I hope that it has a speedy passage and that it moves to the other place even before Whitsun. It is a small Bill, but it represents a historic step. I hope that it is a first step on the long journey towards establishing industrial democracy.8.26 p.m.
I should like to share with the House an experience that I had 10 days ago during polling in the GLC elections. It is relevant to the Bill.
While taking a taxi from one part of central London to another, I got into earnest conversation with the driver, who had no idea who or what I was. He said that he was an inhabitant of Tower Hamlets, and without probing his intentions too far I gathered that he intended to change his vote from Labour to Conservative. My interest was naturally aroused and I asked him why. He put it most graphically: "The Labour Party always makes two and two make three. The Tories always make two and two make five." He might have added, but did not, that the Liberals always make two and two make four—and look what has happened to them.The hon. Gentleman said that the Tories make two and two make five—but five what? That is the important thing.
I am coming to that. The relevance of the story is that every enterprise, public or private, should be aiming, psychologically and in fact, to make two and two make five. In nationalised industries, particularly the Post Office, that should mean better service and meeting the needs of consumers rather than necessnarily making excess profits which have to be handed back in some dubious rebate.
Would not the hon. Gentleman agree that that is much better than the Post Office being compelled by Act of Parliament to make losses, as it was under the Counter-Inflation Act for which he voted, which the taxpayer then had to compensate for with massive subsidies running into billions of pounds?
There is nothing between us on that. It is certainly not part of my argument that the Post Office is or is not making money—although it is clear that telephones make money while posts lose it. There are good reasons for that. My concern is with the main question: what is the purpose of the Bill? Surely it should be a way of improving the service to consumers and not simply of changing placings on the Board, unless that serves a useful purpose.
I am surprised to hear so much discussion about the need for consumers to be represented among these 18 or 19 extremely elevated gentlemen. As the co-founder of the Telephone Users' Association 12 years ago—an association which has never had any acknowledged recognition but which has had modest successes from time to time—I say, speaking solely for myself, that the last thing I would want is to be part of the Post Office Board, for the simple reason that I do not believe that a person can serve the interests of consumers from within as well as they can be served from without. Serving from without, a person is not hamstrung by being a party to decisions and, therefore, to compromises. Of course one would want to be consulted and to have one's views listened to, but no one would wish to be a party to compromises on behalf of the people whom he is trying to represent. Every consumer organisation doing its job properly wants a totally uncompromising approach to the services offered to it. One of the things which distresses me most about the speeches we have heard so far has been the fact that there is greater concern about who is representing what than there is to know about the functions of the Board. I refer to such things as the question of making a profit, efficiency, whether risks should be taken with public money, and the unity of the Board and its ability to achieve its objectives, which must be the satisfaction of the needs of the consumer. There is also the question of expertise as well as many other factors. These are what we should be talking about. I question whether the Government, in concerning themselves with seven of one, seven of another and five of a third category have given sufficient attention and emphasis, at least in their statements from the Dispatch Box, to the importance of the Board fulfilling its objective of meeting consumer requirements. I leave aside the question whether the Carter Report will embarrass the Government because of its recommendation of a separation of posts and telecommunications. That seems to be a side issue, although it may explain the timing of this measure. I particularly want to see more accountability to the consumer and more responsibility towards him. First and foremost, I pay a special tribute to the rank and file of the Post Office, those working not only in posts but in telecommunications. They are a band of people who, from my personal knowledge over the past 12 years, have contributed loyalty, kindness and a devotion to the service which in many cases reveals something not far short of a sense of vocation. I wish to be totally uninhibited in my compliments to these people. I cannot extend the compliments which I give to the staff to the system within which they work or, sometimes, to middle and senior management who control the activities of the staff. Here, I believe, is where the shortcomings lie. If there is one particular criticism from which the Post Office cannot escape its share of guilt, it is the failure to be responsive to the flow of new ideas and to react sufficiently quickly to changes in public taste. This failure is a fault not so much of management but largely of the system. I do not believe that multiplying the number of directors who can pass the buck among themselves will in any way solve the problem. I want to consider one specific aspect of this new change, which is admittedly experimental. Many people will be concerned, having read the Press this morning, about the remarks made by the Lord President of the Council in his address to the Union of Post Office Workers. I do not believe that anyone would quarrel with one point that the right hon. Gentleman made when he said, as reported in today's Press:That is what the right hon. Gentleman said in the context of making what appeared to me to be a commitment to legislate in the next Session to remove the provision in the 1953 Act which prevents Post Office workers from witholding the mails. What concerns me about this is that we are now to see seven employee representatives, presumably drawn in the main from interested trade unions, sitting on the Board, and yet these self-same unions, the Union of Post Office Workers and the Post Office Engineering Union, have in one case in recent weeks used or attempted to use their industrial might for the sake of furthering a political matter—not an industrial matter. If I may digress slightly, it might be of some interest to the House to know that my organisation received many telephone calls from telephone operators who were extremely unhappy about having to inquire of telephone callers, under the instruction that they received from their union, if they were making calls to South Africa, whether it was a life or death matter. This went completely against the grain with them, both as employees, with the traditions of service that I have mentioned, and as trade unionists. But if the situation in the near future is to be that trade unionists are to be part of management, how are they to reconcile the interests of a union that wants to use its industrial might not in any way to improve the terms and conditions of its members but for political reasons? How are these members of a trade union to reconcile the behaviour of the Union of Post Office Workers a few months ago —last October. I think—when Tom Jackson, the general secretary, said that he would go to prison rather than give in to the requirements of Section 58 of the 1953 Act, in a matter that had nothing to do with the interests of his own members but was only a sympathetic action in a matter that was highly dubious in the first place? One wonders, therefore, how the dichotomy will be resolved on the part of the unions when they have representatives on the Board, particularly apropos of industrial disputes in which they are not interested or matters of a political nature. The union-appointed directors will have to make a decision when they are appointed that they cannot in any way become involved in politically-motivated industrial action. Unless we can have an assurance from the Minister tonight that no such action by the union representatives on the Board will be permitted, it really will be a farce and a total waste of two years' experimental time."It is the combination of individual vigilance, together with parliamentary vigilance and action, that is necessary to protect the freedoms of the people of this country."
8.39 p.m.
I was intrigued by the historic analysis from the hon. Member for Aberdare (Mr. Evans). He described the Bill as a small Bullock. I doubt whether anyone would call it a genuine Heffer at any rate.
The hon. Member spoke about the unitary Board, which he wanted to preserve, and went on to talk of the highly profitable telecommunications side—because it was capital-intensive and equipment-intensive—and the labour-intensive side of postal services. He said that if the Board were split it would inevitably mean more increases on the mail side and perhaps fewer increases or even reductions on the telecommunications side. What I think the hon. Member was doing—although he may not have intended to do it—was arguing for some form of cross-subsidy. That has never been accepted by either of the major parties in the House or, indeed, by anyone who has the interests of the Post Office at heart. Before coming to my own observations on the Bill, I must say that I was very nearly put off it by the remarks of the hon. Member for Thornaby (Mr. Wrigglesworth), who opened by saying that he welcomed the Bill because it would be welcome to the Labour Party. I sometimes wonder, if a Bill is welcome to the Labour Party, whether it is welcome to anyone else. However, there is enough that is good in the Bill for me perhaps to overlook that mental aberration. However, I cannot quite overlook some of the remarks of my hon. Friend the Member for Nantwich (Mr. Cockcroft)—he is not in the Chamber at the moment—who spoke about the quality and nature of representation of the Post Office Users' National Council but complained that mail users were not represented on it. With great respect, I do not think that my hon. Friend has studied the matter. The Post Office Users' National Council embraces wide representation of all kinds—the CBI, the Mail Order Traders' Association, the co-operative movement, the British Hotels, Restaurants and Caterers Association and so on—and I reckon that those people are frequently better fitted to represent the consumer than are some of the mushroom organisations, self-appointed in many cases, which claim to speak for the consumer. I am sorry that my hon. Friend is not here. When the printers have finished their strike and we have Hansard again, he can attack me for what I have said. I welcome the Bill in principle, and I declare my interest as the only Member of Parliament who has been and still is a member of POUNC. I have been a member since its inception in 1969–70. I was appointed by Mr. Stonehouse, and I have been reappointed by Ministers of both political parties, which at least shows some impartiality in Governments of all kinds. Thanks almost entirely to Lord Peddie, POUNC has achieved a reputation which none of the other users' councils can even begin to touch. He has managed to get that body to work in a way which really represents consumers, and POUNC has been acknowledged on all sides as being about the only one of the statutory users' councils which has worked and has expressed strong views. The Post Office Users' National Council has not been afraid to express views which may not have satisfied the Government of the day, whether the present Government or their predecessors. One of the issues on which POUNC felt, and still feels, that both Governments have been wrong is the monstrous way in which the Post Office pension fund has been deprived of the deficiency payment. In the long run this cannot be good commercial practice. POUNC, the unions and almost all others are united on the matter, and I believe that it is only one of the odd characters sitting at some desk in the Treasury who is saying "No". One of these days, I believe, the Treasury man will be walked over, and those who understand these matters may be allowed the bigger say. I am concerned, however, about the timing of the Bill. We are told that the Secretary of State has the Carter Report. In this connection I shall quote from a letter on the question of industrial democracy, dated 3rd March, sent to the Secretary of State jointly by Lord Peddie and Michael Young:I acknowledge at once that, following receipt of that letter, the last few words were taken into account and consultations with users' organisations have taken place. But it still seems illogical that, when the report of this major review is about to see the light of day, the Government have brought forward their Bill. As we all know, there is a fairly small amount of legislation in the pipeline, because the devolution Bill will not see the light of day, and there would have been plenty of time for this one-clause Bill to come after the Carter Report had been published. That is my major complaint today, that we have the Bill before us now and we have to try to consider the matter without Carter."Just over a year ago, however, on the recommendation of the Post Office Users' National Council, the Government set up the Post Office Review Committee to undertake an independent and fundamental review of Post Office structure, organisation and services. That Committee expects to report by spring, and it would be a travesty if decisions on the future structure of the Post Office Board are taken before it has reported. Any decisions on the proposed two-year experiment are bound to exert a considerable and lasting influence on the future pattern of the Board's structure. On a matter of this importance, it is difficult to see why any decisions need to be taken before the Post Office Review Committee has reported or why users' interests should not be included in the discussions."
We recall that letter, which was signed jointly by Lord Peddie and Mr. Michael Young, but since then I have had talks with Lord Peddie and he has expressed great enthusiasm for this experiment. He was particularly pleased that a user voice was to be on the Board.
I had a meeting only a few days ago with Mr. Michael Young, as a result of which he has sent me a letter in which he says, among other things:He goes on to say:"I would like to say how very pleased we are that there will be two consumer appointments to the Post Office Board".
My discussions with both those consumer representatives have shown that there is good will on their part for the experiments that the Bill enables."We all naturally think this is a very considerable improvement".
I accept every word of what the Minister has said. I do not think that he and I are quarrelling, but POUNC does not withdraw from what was said in the letter of 3rd March, that the timing is wrong. That is all I have tried to say, and nothing that the Minister has said has taken anything away from it.
The provisions of the Bill and the extension of the size of the Board mean that there can be at least two user representatives on the Board. This is a most valuable point, and this is the view which, as the Minister knows, has always been taken by POUNC. It has always shared the view that there can be nothing but good from having worker representation on the Board, if it is part of a package deal. I must take issue slightly with the hon. Member for Colne Valley (Mr. Wain-wright), although I liked his description. He spoke of the moors and of people huddling together for warmth to survive. What a graphic description of the Lib-Lab pact. I cannot think of anything that describes more clearly to the world the real basis for the Lib-Lab pact. It is not for the benefit of the country. They are huddled together for warmth to survive. The hon. Gentleman tried to claim some credit for the Liberal Party in the user representation that is being suggested. I am sure he knows—and if he does not the Secretary of State does—that long before the Liberals were involved in any discussions there were strong representations from Lord Peddie on this matter. If anybody other than the unions, which have a much longer claim to this, has any right to credit, it is the users' council. The Liberals are very much Johnnies-come-lately, and that fact ought to be clearly exposed. There is little enough credit that they can get, and this is one matter in which there is no credit at all for them.I should be the last to decry the massive contribution of Lord Peddie, but will the hon. Gentleman accept that, after the intervention of Lord Peddie, when we first met the Government in consultation they were still proposing to exclude any specific consumer representation, notwithstanding the representations that Lord Peddie had made?
I can only accept what the hon. Gentleman says so far as his conversations were concerned, but there were other conversations between the Government and Lord Peddie which I am not at liberty to reveal.
Perhaps I might continue by giving an example of why recent events have made it much more necessary for user representation on the Board. The files of the Post Office National Users' Council, the minutes and published reports show more than one example of the failure of the Post Office to consult effectively, or even, in some cases, to consult at all, but the latest example is quite monstrous, and I want to spend a little time on this I should first pray in evidence the Second Report from the Select Committee on Nationalised Industries, Session 1975–76.Before my hon. Friend launches into that, can he explain why successful private enterprise companies do not have user representatives on their boards but have entrepreneurs who will deliver the goods that the customer requires? Why should it be so terribly different in this enterprise?
My hon. Friend is right. The real answer is that it is the difference between competitive, profitable private enterprise and a State monopoly. Tonight is not the occasion to launch into an attack on State monopoly. When there is a State monopoly, the consumer needs special protection. With private enterprise, the consumer is free to decide that he will not buy a shirt from the Co-op but will go to Marks and Spencer. Unfortunately, any letter a consumer posts will be delivered by the Post Office or by nobody. That is why he needs protection. However, that is a longer and much more detailed argument. Although I understand that the 10 o'clock rule may be suspended tonight, I shall not go into the argument now.
I turn now to the quotation I was about to make from paragraph 124 of the Second Report from the Select Committee on Nationalised Industries, Session 1975–76. The quotation is brief, but it is important as leading up to the point I want to make. This is a unanimous report and the passage is dealing with POUNC:That was referring to reports Nos. 11 and 12. That is the background. I come to the latest episode, which I regard as the most monstrous of all. Some of the story has come out in Lord Peddie's letter, but it needs to be put on the record as firmly as possible. It concerns the excess profit of £100 million on telecommunications, caused by the usual bad forecasting. Nobody will dissent from that comment. If anybody has a bad record in bad forecasting, it is the Post Office. The Price Commission first gave notice to the Post Office on 4th April that it had exceeded its reference profit levels, vet it was not until 4th May—one month later—that the Chairman of POUNC was told. He was told on that occasion that the Post Office was concurrently meeting the Price Commission, and an immediate decision from POUNC was wanted agreeing with the proposed way of the handing back of £100 million. An argument arises on the £100 million. It is that in the long-term interests of the consumer it might—I say "might" because I do not claim to be an expert on the self-generating finances of the Post Office on the telecommunications side—have been better for the Secretary of State to decide that the £100 million was better left inside the Post Office so that it did not have to raise that extra amount of capital for its capital equipment programme. I am not saying whether I agree with that argument. I am saying that it was a genuine debatable argument. Because the Chairman of the Post Office ignored the advice of the Chairman of POUNC, who refused to go along with that announcement before consulting his council, that option was closed. The Chairman of the Post Office made an announcement. He spoke about the £7-a-head reduction and the slight extension of from six minutes to 12 minutes in the time allowed for local telephone calls—which the large number of people waiting to make calls at public telephone boxes may feel less than happy about when they have to wait much longer to make calls at such places as railway stations. Sir William Ryland was urged not to announce the details but to say merely that £100 million would be handed back and that the details were for consultation with POUNC. I intend to be extremely critical about Sir William. I have been critical of him before in the House and in public, so I am doing nothing behind his back that I have not said to his face. This is certainly not the first time that I have been critical of him, but it is to be hoped that it will be the last, because he will not be Chairman of the Post Office for much longer. I say that Sir William was obstinate, stubborn and insensitive to what consultation meant. My impression is that all along he has resented the statutory powers which enjoin consultation with POUNC. At any rate, he refused point blank to hold his fire on this matter and he gave details to the media. As a result, he pre-empted any form of meaningful consultation. The Post Office first became aware formally about this £100 million on 4th April, although if it had any accountancy sense it must have known three months earlier that it was well over the reference level, and it told the Chairman of the Post Office Users' National Council on 4th May. It was not until 11th May that there were sufficient details for the council to meet and have a full discussion. I am authorised by the chairman of the council to say that this action by Sir William Ryland makes a mockery of consultation and that a strong protest is being made by the council to both the Government and the Post Office about this farce caused by Sir William. I repeat that the POUNC is made up of local authority representatives, unions, the co-operative movement, industry, domestic users and consumer organisations, and without dissent they all felt that, having been asked to do a job, they were being treated shabbily. I do not believe that any of them felt that there was any degree of consultation in this process. That is the latest but not the sole example of failure to have effective consultation, and for that reason I welcome the Bill. I hope that the user representation will include the Chairman of the Post Office Users' National Council. No doubt the Minister of State will say that I have changed my mind, because when we were reforming the gas boards and the gas consultative councils I fought strongly for the view that it was not right for the chairman of a consultative council to be a member of a gas board, and that is now part of the legislation. But I confess that, with greater experience, particularly of the Post Office, I have changed my mind. I think that the ability of the chairman of a statutory users' council to represent all users and not the pressure groups that I spoke about earlier is of very great importance. I know that my hon. Friend the Member for Hendon, North (Mr. Gorst) does not like it, but I confess that, having sat on organisations of both kinds—the voice within and the voice without—I have come down firmly, at least as far as the Post Office is concerned, on the side of having the voice within."Yet 10 of the 12 reports published by the Council during the six years of its existence have dealt specifically with price increases, though they have also included comment on a wide range of Post Office activities. Very little time has been given to the Council for the preparation of these reports. In both January and July of this year, POUNC received only one week's notice of the Post Office's proposals for tariff increases which were being put to the Price Commission; it then had less than four weeks in which to submit its comments. It does the Council immense credit that it should in so short a time have produced such thorough and constructive reports."
Is not my hon. Friend overlooking the fact that part of the problem here is not that the job will be done better but that the consumer will not see that his interests are being properly looked after if he is represented in two places? The distinction ought to be more clearly drawn, otherwise, whatever else is being done, justice will not be seen to be done.
That is an arguable point of view. I do not happen to share it, but I see the force of it. I think that it is outweighed in this case by the ability to do the job on the inside. My hon. Friend and I must agree to differ on this one.
The Bill gives a chance for a way forward. We make a great mistake if we examine the Post Office as one organisation. I have nothing but the highest praise for the telecommunications side, for its highly efficient and effective union under Brian Stanley and for its high and effective standards under Sir Edward Fennessy. I think that the Post Office was very fortunate in getting Ned Fennessy to come in, and I regret very much that he is due to retire. His departure will be a great loss to the Post Office. I acquit him completely of any complicity in the failure to consult. There have been both sound management and sound unions on that side of the Post Office's operations. I wish I could say the same for the letter side. I speak highly of Tom Jackson, who is a first-class union general secretary and, leaving aside the political aspects, which do not concern me on this occasion, he has done a great job for his members and for the users as well. I wish that there had been a similar high calibre in the management of that side of the Post Office. The Bill can highlight how worker-directors can operate. I need to be convinced that they will operate in a way which, at the end of the day, will benefit the consumer. I believe, however, that there is sufficient common ground throughout the Post Office—in management and unions and among users—to give this experiment a fair wind. I am not sure that the Bill will sail through Standing Committee as rapidly as the hon. Member for Aberdare wishes. There are some 10 or 11 amendments that will need very careful consideration and on which, as the hon. Member for New-castle-under-Lyme (Mr. Golding) will know from his past incarnation, there are genuine and constructive arguments. For example, I wonder what guarantee we have that after the two-year experiment there will be a time for reflection and examination of its efficiency and effectiveness. The Bill as drafted does not limit the term of the experiment. Of course the Secretary of State will have the power to appoint these people for only two years, but I am not sure that that will be quite as effective as I would like. Perhaps the Minister could give an assurance on this. He and I have crossed swords on many occasions, but basically he is a harmless, amiable chap and is much more so when he does not have a commanding majority. When he does, it is a different matter—Would the hon. Member mind telling us when this Government ever had a commanding majority in the past three years?
They had a commanding majority immediately after the October 1974 General Election, when they were in a position, because of one or two strange characters, to get their Bills through without relying on the support of the Liberal Party, whose Members, alas, like the winds, have disappeared from the Chamber already.
What I would like to see is something written into the Bill, such as a new clause, that will enable Parliament to judge the efficiency and effectiveness of the experiment. Will the Minister of State say that there will be a White Paper analysing the effectiveness of the experiment, not merely from the worker participation side but from the user participation side as well? I hope that Parliament will have a chance—as it rarely does—to debate that White Paper, and hopefully we will not be in Opposition when we hear the Minister tell us whether the experiment has been a success. With that one major question to the Minister of State, I welcome the Bill. I hope that it will receive a smooth passage through the House, though not necessarily as swift a passage as the hon. Member for Aberdare hopes. I hope that it will be on the statute book by the Summer Recess, not the Whitsun Recess.9.4 p.m.
This is only a small Bill, and I shall be as brief as possible. I know that the debate can be extended after 10 o'clock, but I do not intend to abuse that.
I simply wish to ask the Minister one or two questions. I wonder whether this Bill will in fact improve the efficiency of Post Office services to the public. I believe that the public is genuinely concerned about the accounting in the Post Office, and deeply concerned about the reasons given for such matters as the restriction on Sunday postal services. We all owe a great debt to the people who work in the Post Office at the lower levels. The postman to us is rather like the milkman—an institution. He works terribly hard, in sometimes very difficult conditions of snow and other bad weather. He always does his best, certainly in London, to make sure that the post is delivered on time. I think that we should pay tribute to him. This is a very short Bill. One might almost call it historic, in that, to my knowledge, it is the first of its nature to be introduced into Parliament. I was very grateful to the Minister for clearing up a question about appointments and making it quite clear that his powers under Section 6 of the Post Office Act 1969 were undiminished and, incidentally, in line with the recommendations put to us in the document. In other words, he has put the stamp of authority on paragraph 6 of the recommendations. When we get this enlarged Board, the decisions must, of course, be unanimous, like Cabinet decisions. Whether it be to abandon something or to introduce some new equipment, it must be a corporate decision. But what if, for instance, the trade union members or other members disagree with that decision? They obviously have to abide by it or resign. Are they allowed to discuss in public their reasons for disagreeing? I think that I know the answer, but I hope that the Minister will spell it out. Although it is in the agreement, I think that it would be as well if the Minister pointed it out. It is terribly important for the decision to be seen to be a corporate one and that the only redress for those who do not like it is to resign and leave the organisation. One regrets that the document was not available in time for us to study it properly. I am sure that the Minister would be the first to appreciate this. I had to get the document duplicated in the Library. If hon. Members come in at midday, that does not give them time to go through it. When one of my hon. Friends slipped up on it, because there had not been time to read it right through, the Minister was particularly generous. I appreciate the printing difficulties, but it is extremely difficult for us if an important document such as this is not made available to the House in sufficient time for hon. Members to go through it. The document contains nine or 10 pages, and is of considerable importance. This is an enabling Bill for an experimental period, not because it is laid down as such but specifically because, as I understand it, the Minister has the power to appoint for only two years, and unless he comes to the House again the experiment must end within the two years. We are breaking new ground, and, as my hon. Friends have said, the Bill is flavoured somewhat with the recommendations in the Bullock Report. I do not quarrel with worker participation, but I am not at all sure about certain aspects of the Bill. A very marginal question is whether the consumer protection should be inside or outside the Post Office. Only time will tell whether this is an adequate protection for the public or whether the consumer protection should be outside. I have an open mind on this point.Is it not possible to have the consumer organisation represented on the Board, as has been suggested, and also to have a consumer body outside to look at the decisions reached by the Post Office and to make its comments?
I am grateful for that intervention. It is absolutely necessary, in enormous corporations of this nature, to have something more than mere accountability. In my opinion, the accountability at the moment is insufficient. Perhaps by the small change which we may make today the accountability will be increased, but it has got to be possible from both sides. We shall not know until the end of two years whether the experiment has worked. I agree with the Secretary of State that it is right that the experiment should run for only two years in order to give the House and the country an opportunity to see the advantages.
What is far more fundamental is whether we should have waited for the Carter Report. Many hon. Members may not agree with me, but we really need to see more accountability in the Post Office. Hon. Members know how difficult it is to get a Question on the Order Paper, but I have one down on this subject of Sunday postal services. We need to know whether we can have proper accountability, so that the public can understand more easily why charges must rise. There should be a greater degree of supervision over the largest nationalised industry in the country. I regret that Parliament no longer has the authority to intervene in these matters. I can remember the days when one could ask in the House why a letter that was sent on Friday had not arrived on the following Wednesday. Parliament has no time for such things now. Nevertheless, I am sure that the Secretary of State would agree that the House does not have sufficient control. Perhaps we could have a one- or two-day debate in which to exercise our right to question the various things that the Post Office does. No doubt the Secretary of State knows that I have put down a Question on Sunday postal services, but the Question has had to be phrased in a most roundabout way. Matters such as that, telephone communications and other such services are so important to the country that many people outside the House cannot understand why Parliament does not have some opportunity for discussing them, or time at Question Time for asking the Government why the Post Office has taken or failed to take a particular course of action. Many people do not believe that it is right that this should be so. We know that the Post Office can do what it likes—but it is wrong that it should be allowed to. There should be more accountability, and the best way of obtaining that is not simply through this Bill but by making parliamentary time available so that matters of principle can be debated in the House. I am sure that the Government realise how difficult it is to get a Question on the Order Paper. I am glad to have had this opportunity of saying a few words about the Bill. It has been difficult to refer to the relevant documents, which have only just arrived, but I am sure that the Secretary of State will forgive me if I have overlooked anything in those papers. It is extremely difficult to read them and to listen to the debate at the same time.9.13 p.m.
I must apologise to the House because, for reasons beyond my control, I have not been present for the whole of the debate. However, I heard the Secretary of State open the debate and I have heard enough speeches from both sides of the House to feel gravely suspicious about the real purpose of the Bill.
The Secretary of State said, quite properly, that the Bill was only an enabling Bill and that it would operate for a short period. The difficulty is that it could be a way of making the Post Office a guinea-pig for the Bullock Report in advance of any debate on the Bullock proposals for industrial democracy in all sectors in industry and commerce. We should pay attention to this. I can recall from my own experience over a relatively short period the earlier days when, as my hon. Friend the Member for Windsor and Maidenhead (Dr. Glyn) said, Ministers responsible for the Post Office could be questioned and had to answer Questions asking why a letter took four days to get from London to Manchester. I know the value of the Post Office and the tremendous service that it gives, but if my suspicions are correct the Post Office is being saddled with an experiment so that after two years it can be said "There you are. Bullock works." If that is the object of the Bill, we must look at it carefully in Committee and ensure that a considerable number of undertakings, and even specific requirements are written into the Bill, even if this means adding clauses to safeguard our position. I am sure that the Government have no intention of putting off a debate on the Bullock Report until the Post Office experiment has been completed, but we must have this clearly spelt out and we must have a lot more information about how the work people's representatives will be elected. The Secretary of State said that the procedures would be reported to the annual conferences of the various unions. Will this information be given to next year's conference of the Union of Post Office Workers, which is now in the middle of its annual conference, or has the union been given advance information about the proposed scheme? The Secretary of State has not treated the House properly. He opened the debate, and informed us that certain facts were available in the Library. That is not the way to enable us to have a sensible debate on the provisions of the Bill and what lies behind them.Is my hon. Friend aware that only six copies were made available in the Library and that some of us had to have the information duplicated? Bearing in mind the number of hon. Members who were interested in this matter, that arrangement made things very difficult, as I am sure the Minister will agree.
I understand that our printing problems may have made it impossible for there to be sufficient copies available in the Vote Office, but for the Secretary of State to announce at the beginning of the debate that copies were available in the Library and for us to have to have copies run off for ourselves or read over one another's shoulders is not the ideal way to discuss an important Bill.
When I first looked at the Bill, it seemed to provide for simply a bigger Board—but nothing could be further from the truth. It introduces a completely new concept of members of the Board, representing, or at least coming from, certain interests. Normally there would be executive directors who would be mainly concerned with running the services. The Bill will provide for executive directors, work people's representatives and representatives of users, which is another airy-fairy word. I hope that in Committee we shall be able to get much more information about how the users' representatives will be nominated or selected. The Bill raises grave suspicions in my mind. This simple measure must be extended to make sure that Parliament retains sufficient powers to keep control even if, as the Minister said, the scheme is for only an experimental period.9.20 p.m.
I think that the House has given a fair wind to the Bill by the general support that it has had from almost all hon. Members who have spoken.
My hon. Friend the Member for Aberdare (Mr. Evans) rightly described the motivation behind it as being that of facilitating what he called a historic decision. That is what it is. It is a major advance in industrial democracy in this country. I am not trying to conceal that from the House in asking it to accept the Bill. It is important, in considering our proposals, to show what they are not as well as what they are. First, the Bill is not a final decision on the future of the Post Office and its Board. As the hon. Member for Colne Valley (Mr. Wainwright) said, what we have is a two-year experiment. When the hon. Member for Hampstead (Mr. Finsberg) asks how we can guarantee that the experiment will last no more than two years without a specific provision written into the Bill, I say to him, first, that the appointments made under the experiment will be for only two years. Secondly, this is not an experiment in which the Government are the sole participants; this is an experiment in which the Post Office and the unions are the participants. Section 15 of the agreement specifically states thatAt the end of the experiment, when we shall all have an opportunity of assessing it, we shall have to take into account the fact that the Post Office and the unions have made many concessions to obtain the agreed document. Whatever the Government may feel at the end of the experiment, they may not wish to proceed permanently on the basis of the two-year trial period. Therefore, I say to the hon. Member for Hampstead that that is a guarantee that we are not going to have the experiment rubber-stamped and proceeded with thereafter. We shall all learn a great deal from it. I was attracted by the proposal of the hon. Member for Hampstead that there should be some way in which Parliament and the public can assess the outcome of the experiment. I should like to consider ways in which that can be done. The hon. Gentleman suggests a White Paper. That may be appropriate, but there may be other ways. I assure him that in the two years I or my Labour successor in this job will enable the House of Commons to make the appropriate assessment. Having facilitated the experiment, it is right that we ourselves should be able to consider it, just as the Post Office will consider it, and just as the unions, both collectively through the COPOU and separately through their own organisations, will want to have a long and searching look at what has been achieved. The Carter Report and proposals have been mentioned by my hon. Friend the Member for Thornaby (Mr. Wrigglesworth). There has been some apprehension that the experiment will pre-empt any proposals that may come from the report and any decisions that may be made to implement them. I remind the House that this is a two-year experiment. When the report comes before us we shall have to consult the interested parties. The matter will have to be considered by the House and by others. It is out of the question that any reorganisation of the Post Office that follows from the report, should such a reorganisation follow, could possibly come within the two-year frame. The experiment will in no way pre-empt whatever decisions, if decisions there be, follow from Carter. The hon. Member for Totnes (Mr. Mawby) expressed apprehension that what we are enabling by passing the Bill, as I hope we shall, will in some way be a trial of the Bullock proposals, or, as others may put it, a pre-emption of industrial democracy decisions by the Government. I should like to make it clear that that is far from the intention of the Government. Whatever happens with this experiment, neither the country nor the House should be led to believe that similar proposals will follow, either for the nationalised industries or for privately owned industries. This is a one-off experiment for a particular industrial and commercial concern, with a particular structure and circumstances. The hon. Member for Colne Valley, who drudged through 58 Committee sittings of the Aircraft and Shipbuilding Industries Bill, and my hon. Friend the Member for Aberdare, will recall that that Act has its own proposals for industrial democracy for those industries. They are not the same as the proposals for the Post Office. In those two industries we sought to create the conditions under which a structure for industrial democracy could be achieved. This experiment is seeking to achieve a measure of industrial democracy for the Post Office. I give the hon. Member for Totnes an absolute assurance that whatever comes from the experiment—and we hope that it will be a success—will in no way relate to the Government's general proposals for industrial democracy. Those are being examined, as the Secretary of State for Trade said they would be in his statement in January. The discussions on this experiment for the Post Office were launched long before the Bullock inquiry was set up. The Secretary of State asked for proposals from the Post Office unions in 1974. The discussions on this experiment have proceeded entirely separately from Bullock and without the participants having any knowledge of what would emerge from Bullock. The fact that these proposals bear a surface resemblance to some of the Bullock proposals is coincidental. Just as this experiment will not lead to a final decision on the future of the Post Office, nor will it in any way pre-empt the Government's proposals for industrial democracy generally, either in privately or publicly owned industries. The experiment is not a pattern for other industries, nor can it be. The Post Office is unique in its size and structure. The Post Office is also unique in its trade union penetration. Almost all Post Office employees are trade union members. Therefore, the experiment does not commit us to a similar structure for other publicly owned industries, let alone for privately owned industries. That leads me to explain what the experiment is and what the Bill facilitates. It is an experiment in which there will be an opportunity to see how worker-directors play their parts. I am sorry that the hon. Member for Nantwich (Mr. Cockcroft) made his speech and left the Chamber, because he struck the only really jarring note in the debate. He seemed to suggest that the trade unions would not put on to the Board people of the first quality. However, section 11 of the agreement states that"Both parties wish to point out that their acceptance of particular provisions attaching to an experiment should not be regarded as implying that they would necessarily find these provisions acceptable in any permanent arrangement."
—that is, the seats allocated to trade unions—"Union nominees for such seats"
These are people of great standing in the unions. One's only concern is about the extent to which the unions will impoverish themselves by making such people available to sit on the Board. When the hon. Member for Nantwich looked forward rather pessimistically to conflict on the Board he was presumably not aware of the fact that, again in section 8 of the agreement, both sides state the importance of what they describe as "consensus decision taking" on the Board, because both sides are entering into this experiment with a wish to make it succeed. This experiment is of great importance, because it will be a testing ground for the assumption of responsibilities by trade union representatives of a kind which trade union representatives have never been asked to accept in any industrial venture in this country. Those responsibilities can quite often by unattractive. Both the Post Office Engineering Union and the Union of Post Office Workers have shown their public responsibility in the past by agreeing to unappetising reductions in manning levels in exchange for modernisation. The sense of responsibility with which the unions are approaching this was illustrated only today by Mr. Tom Jackson when speaking at the conference of the Union of Post Office Workers in Bournemouth. He said that the union directors"will be selected for their ability to make an appropriate contribution to the work of the Board, and it is envisaged that they would be of the standing of executive council members, or full-time officers of a Post Office union."
That is the approach of the Union of Post Office Workers and, as has been generously pointed out by hon. Members on both sides, of all the employees in the Post Office. That is the way they will approach this experiment. Again, a most important aspect of this experiment is that it is the result of an agreement between those who will be involved. It has not been imposed by the Government; it is the result of patient negotiation by the Post Office and the unions over a period of six months. In a speech that was generally most acceptable, I was sorry that the hon. Member for Hampstead felt it necessary to make the remarks that he did about Sir William Ryland. Sir William is a great public servant. He has devoted many years of a fine public career to the Post Office and he himself has played a great and enthusiastic part in helping to bring about this agreement. It is entirely wrong for one hon. Gentleman—not the hon. Member for Hampstead—to imply that the Post Office is entering this experiment without enthusiasm. Indeed, without the good will and enthusiasm of the Post Office, this agreed document could never have been arrived at. It has done a great deal to narrow the differences between the Post Office and the unions, just as the unions have given up positions which they themselves hold dear for the sake of this experimental period. The Post Office, together with the unions, has played an active part in achieving agreement. It is their scheme which we are facilitating. The hon. Member for Hendon, North (Mr. Gorst) asked why conditions for privately owned companies should be different from those of publicly owned companies. If this were a privately owned company, we should not need this Bill. The experiment could go ahead without any legislation. Indeed, if the maximum size of the Post Office Board had been made larger in the 1969 Act, we would not need this Bill either. When the hon. Member for Kingston-upon-Thames (Mr. Lamont) regrets that the size of the Board is too large he should spread his regret a little wider, because the Gas Board, under the Gas Act 1972, is bigger than the Post Office Board. I am sure the hon. Member for Colne Valley will recall what a resource the Gas Act 1972 was to the Government. In this case, it comes in as useful as it always has. Thus, while this is a small enabling Bill, its implications are significant. For the first time ever, workers will be elected to the main Board of a great industry. I point out to my hon. Friend the Member for Thornaby that the experiment does not extend only to the main Board. The Government certainly consider the regional and local level arrangements referred to in section 14 of the agreed document as at least as important as the provisions for representation on the main Board. So do the unions. I have had discussions about this with Mr. Bryan Stanley, of the Post Office Engineering Union. On every conceivable occasion on which I have discussed industrial democracy generally, and industrial democracy in the Post Office in particular, I have said that workers on the boards, as such, do not signify industrial democracy—that workers on the boards are part of the concept, but that it must grow from the grass roots. That is why, in the Aircraft and Shipbuilding Industries Act, we talk specifically of industrial democracy in a "strong and organic form". That is what we wish to see in the Post Office also and that is what we know both the Post Office and the unions are anxious to obtain. For the first time, workers will be elected to the main Board of a great industry. For the first time ever, we have recognised a consumer presence. That also is something that we shall be watching and whose benefits we shall be able to assess at the end of the two years. All these members of the Board—the worker representatives and the consumer voice—will have responsibilities as full Board members, not as narrow compartmentalised spokesmen, and will play a full part in its work, accepting the responsibility of membership. That does not mean "collective Cabinet responsibility", nor does it mean that if someone disagrees with the decision of the Post Office, he will resign. After all, there is no unanimity on the present Board. Otherwise, presumably, its meetings would be of the utmost brevity; its members should simply have an agenda, all nod solemnly, and leave the room. Debate and discussion are necessary, and different opinions are voiced. What is important is an acceptance by the unions of their responsibility as members of the Board. That same responsibility will be expected, and will certainly be forthcoming, from the five independents who are to be appointed."will work for the good of the community at large."
Am I correct in saying that if the Bill becomes law, that is all that is in it? There are only two sides to it. An Act of Parliament increases the number, but it depends entirely upon a document that has no legel force in the courts. Am I correct?
The Government could have authorised this experiment without asking the House, if the present size of the Board had remained the same. There would have been no reason to ask for authorisation by the House—although obviously we should have informed the House. The only reason why we need authorisation is that we are enlarging the Board. I hope that the hon. Gentleman will not expect more from the Post Office than he would from any other exponent of industrial democracy. However, we are looking to the Post Office for more, because we are giving it an opportunity which others have not yet had.
As I have said, this is a tiny Bill. It could not have been much shorter. On the other hand, it is no exaggeration to say that the future of industrial democracy in this country will be affected by the progress of this experiment. Other workers, for example, in the aircraft and shipbuilding industries, will be watching the progress of the experiment, picking up tips and noting pifalls to avoid. The experiment will not be plain sailing. Many problems, expected and unexpected, will be revealed as we go along. This industry and these workers will be pioneers. This was very much recognised by Mr. Ken Young, of the Post Office, and Mr. Carter, of the Council of Post Office Unions—two men who have contributed a great deal to the achievement of this experiment. They referred in the agreed report to the exploring of unknown territory. That is what we are doing. As my right hon. Friend the Secretary of State said, their enemies will be hoping for failure, their champions will be cheering them on. The hon. Member for Hampstead described this Bill as being a chance for a way forward. That is a very good way of putting it. The Government are grateful for the welcome given to the experiment by almost all who have taken part in the debate. We ask the House to give its support to this venture of courage and hope.Question put and agreed to.
Bill accordingly read a Second time.
Bill committed to a Committee of the whole House.—[ Mr Frank R. White.]
Committee tomorrow.
Police (Complaints And Discipline)
9.45 p.m.
I beg to move,
That an humble Address be presented to Her Majesty, praying that the Police (Complaints) (General) Regulations 1977 (S.I., 1977, No. 578), dated 28th March 1977, a copy of which was laid before this House on 6th April, be annulled.
It will be for the convenience of the House if we discuss with this the following motions:
That an humble Address be presented to Her Majesty, praying that the Police (Copies of Complaints) Regulations 1977 (S.I., 1977, No. 579), dated 28th March 1977, a copy of which was laid before this House on 6th April, be annulled.
That an humble Address be presented to Her Majesty, praying that the Police (Discipline) Regulations 1977 (S.I., 1977, No. 580), dated 28th March 1977, a copy of which was laid before this House on 6th April, be annulled.
That an humble Address be presented to Her Majesty, praying that the Police (Discipline) (Senior Officers) Regulations 1977 (S.I., 1977, No. 581), dated 28th March 1977, a copy of which was laid before this House on 6th April, be annulled.
That an humble Address be presented to Her Majesty, praying that the Police (Amendment) Regulations 1977 (S.I., 1977, No. 582), dated 28th March 1977, a copy of which was laid before this House on 6th April, be annulled.
That an humble Address be presented to Her Majesty, praying that the Police Federation (Amendment) Regulations 1977 (S.I., 1977, No. 583), dated 28th March 1977, a copy of which was laid before this House on 6th April, be annulled.
May I ask you, Mr. Speaker, whether I speak first in praying against the regulations or whether the Minister explains them beforehand?
This is a Prayer. The hon. Member is moving his Prayer.
I hope that the Under-Secretary will find that there are sufficient speakers during the course of this short debate on the regulations to enable her to obtain a little advice from her officials on the specific points I shall raise, because I appreciate that it will be difficult for her to be able to deal with my queries directly I have concluded my speech.
The regulations are extensive and complex. It will be necessary for me to ask a number of questions seeking explanations and assurances. It is a pity that the Government should be in a hurry to implement details of the Police Act 1976 which many officers from Sir Robert Mark, lately Commissioner of the Metropolitan Police, downwards find at best irrelevant and at worst counter-productive and obnoxious in terms of the efficient performance by the police of their duties. To add insult to injury, the piece of bureaucracy now being set up under these regulations incurs and entails an open-ended and unspecified public expenditure commitment about which the Government have shown none of the scruples which they exhibit so relentlessly and uncompromisingly over police pay. Would that they would reverse their priorities and seek a contented police force before an expanded bureaucracy. Alas, that is not the way they are looking at the question. I now turn to the regulations and deal first with Statutory Instrument No. 578. Can the Minister elaborate on the circumstances mentioned in Regulation 4, under which, in certain circumstances, the Complaints Board need not forward a complaint to the chief officer, particularly where it is against the complainant's wishes that the complaint should be so forwarded? It seems a rather curious and, perhaps, a rather serious situation that, if a complaint happens to be routed via the Board, there are circumstances in which the Board need not bring the complaint to the attention of the chief officer. What then becomes of the chief officer's statutory duty under Section 49 of the Police Act 1964 to cause an investigation to be made, and particularly under Section 49(3) of that Act, under which chief officers may have cause to refer an investigation to the Director of Public Prosecutions? It seems a very serious matter that it is possible now to route to the Board a public complaint which could in certain circumstances get no further and, indeed, perhaps result in no proper investigation being made. While I am still dealing with Statutory Instrument No. 578, perhaps I could also ask the hon. Lady to consider the matter of time lapse, where an investigation appears to be dragging on somewhat. The question of time lapse is considered in Regulation 5 on page 2, and in Regulation 6, on page 3. Under Regulation 5 the chief officer of police has to make quite certain that if four or more months have elapsed since he received the complaint he goes through a certain procedure to bring the Police Complaints Board up to date about what is happening and why it is taking so long, but there is no reference here to what should be said to the wretched police officer who is the subject of the complaint. Can the hon. Lady say why it has not been spelt out that the police officer who is the subject of the complaint should also be told, after a lapse of four months or more, what is happening and what the delay is, and why it should be only the Board that is so informed? It seems particularly heartless that the bureaucratic body should be so informed when the wretched police officer who is the subject of a complaint and may be subject to suspension of pay is not included. I have an idea that the guidance given by the Home Office in this matter may actually suggest that the police officer should be quietly told what is going on, but I do not see why it should not be spelt out in the Regulations. It is much more important than informing the wretched bureaucracy about the delay. It is quite possible that the Board itself may cause delay in the consideration that it is giving to complaints handed on by the chief officer. Here we come to Regulation 6. It is rather ironic for anyone who reads these regulations to find that the first half of page 3 is taken up with a detailed specification of what the police shall have to do about bucking up and making quite certain that they give up-to-date information about the progress of the case, and so on, but that Regulation 6, relating to the functions of the Police Complaints Board, simply tells us that the case must be dealt with by the BoardWhy on earth, again, is the wind tempered to the poor shorn lamb of the bureaucracy? Why should the Police Complaints Board be allowed to get away with the bland, all-embracing, unembarrassing reference to proceeding"without undue delay and shall take such decisions as appear to them appropriate for the purposes thereof as soon as is practicable".
Or"without undue delay"
whereas practically two pages of the Regulations are taken up with telling police officers how essential it is that they should make haste, and so on? Again it seems to me quite unreasonable. I hope that the hon. Lady will comment on that matter. I come now to Statutory Instrument No. 579; the second in the order that I am taking them. I wonder whether the hon. Lady, looking at Regulation 3(1) on the front face of this single-page Statutory Instrument, will say why, in a circumstance in which no disciplinary charges are to be preferred—this is spelt out in the last four lines on the page—the police officer has to take an initiative in requesting a copy of the complaint. Why should it not be sent to him automatically? After all, a copy of the complaint made by a member of the public is sent to the police officer automatically in cases where disciplinary charges are to be preferred. That is spelt out clearly in Regulation 11 of Statutory Instrument No. 580. Where, however, no disciplinary charges are to be preferred, apparently the officer has to take the initiative himself in writing to the chief officer concerned in order to obtain details of the complaint which has been made. It is no answer to that query to refer to the possible prejudicing of criminal investigation or proceedings which are pending, to which reference is made in Regulation 3(2) of Statutory Instrument No. 579, under which the chief officer may refuse to comply with a request that a copy of the complaint be sent to the constable or officer accused if"as soon as is practicable"
Surely that is a red herring in this context, because if a criminal investigation is going forward there can be no proceedings under the discipline regulations until the reference regarding possible criminal charges has been made to the Director of Public Prosecutions or the charge is disposed of. There are two quite distinct and sequential steps here in terms of time. There is the question of possible criminal proceedings, and only when that has been disposed of can a possible disciplinary charge arise. There can, therefore, be no inhibition upon the chief officer in sending to the officer concerned details of the complaint under the discipline regulations because there might be a criminal dimension to it. The criminal dimension must by definition have been disposed of before the disciplinary question can arise. It seems to us unreasonable that there should be two standards in this matter, that the police officer should automatically receive a copy of the complaint if charges are to be preferred but that if charges are not to be preferred he has to take the trouble of writing off to the chief officer for it. In such circumstances, the chief officer may exert influence or unofficial pressure on him not to press for a copy of the complaint. We know that the reason why the police officer wants to get hold of a copy of the complaint is that he may in future want to take civil proceedings in slander or libel. Why, therefore, should he not be allowed automatically to see the complaint where there is to be no disciplinary charge preferred? As I say, I hope that the hon. Lady can disentangle the irrelevant references to criminal proceedings in this context made in Regulation 3(2)(a) of Statutory Instrument No. 579."he is of the opinion that to do so might prejudice any criminal investigation".
My hon. Friend will have noticed from the explanatory note that where the deputy chief constable is of opinion that there might be the slightest possibility of a criminal matter he will be required, without discretion, to refer it automatically to the Director of Public Prosecutions. In such cases, probably covering a large number of complaints, the Board would not come into it at all, so that that is otiose.
I am much obliged to my hon. Friend for underlining the point that there is a clear requirement under Section 49(3) of the Police Act 1964 to refer an investigation to the Director of Public Prosecutions first of all if there is the slightest possibility—
Without discretion.
without discretion—if there is the slightest possibility that a minor traffic or other offence may be technically criminal. It has to be sent to the Director, and as a result of that very act of reference it passes out of the ambit of the Police Complaints Board. I hope that the hon. Lady has taken the point and can reassure us.
I turn now to the third in this series of Statutory Instruments, No. 580, the substantial and bulky regulations entitled "The Police (Discipline) Regulations 1977." I should like first to raise a point about references to the Director of Public Prosecutions under Section 49(3) of the 1964 Act to which I have referred. There is little, if any reference to the DPP in this Statutory Instrument, and I should like to know whether the hon. Lady can fill in the rôle of the DPP in these regulations. Regulation 8(1) on page 4 says:It is after considering the report of the investigating officer that one has to read in there, although no reference is made to it, that the chief officer will refer the case to the DPP if there is any scope to do so. However, the hon. Lady will know that there is no mention of the possible reference or the prior reference of an investigation to the Director of Public Prosecutions in Regulation 11(1) on page 5. We read there that where a police officer is charged with an offence he has to be supplied with a whole bundle of copies of statements or bits of evidence that will enable him to set up his defence and decide how he will answer the charge. One of the things that is not included here is whether any reference of his case has been made to the DPP. He must know whether a reference has been made to the DPP so that he can decide whether he thinks that a case of double jeopardy has arisen and he has been unfairly charged on a matter that has already been referred to the DPP. He needs to know at least that the statutory procedures under Section 49 of the Police Act 1964 have been carried out and the question of criminal charges has been considered, but there is no reference in Regulation 11 to the information with which the police officer has to be furnished about whether the case has been routed via the DPP or whether consideration has been given to that possibility and has been decided against. It would be helpful to the police officer to know whether Section 49(3) of the Police Act 1964 has been properly complied with. I hope that the hon. Lady can arrange, either through guidance or in some other way, to make certain that the police officer is told about this. There is a second question that I should like to raise on Regulation 11(1). I wonder whether the hon. Lady would be kind enough to elaborate the meaning, import and purpose of the phrase contained in Regulation 1(1)(b). There we read that the police officer is to be supplied with copies"The decision whether or not the member subject to investigation should be charged with an offence shall…be taken by the chief officer concerned after considering the report of the investigating officer."
That is rather a disconcerting situation, because it implies, at least prima facie, that a kind of limited report about the nature of the complaint—a bowdlerised copy of the original complaint—may be in order for the officer who is under charge. Such a bowdlerised or limited complaint would be in order if part of the complaint related to a general charge against police procedures or against police administration at large and not to the conduct of an individual officer. If that wider charge is included in the complaint, it is reasonable to cut off the bits of the complaint that relate to the general charges and send to the officer only that which relates to his individual conduct. It is not satisfactory if that which is to be excluded from the report sent to the accused under Regulation 11(1)(b) includes a possible serious libel made against the officer and amounting to a criminal charge which has been looked at by the Director of Public Prosecutions and ruled by him either not to be susceptible of a charge or one which should not be pursued in the public interest. If the portion of the report containing a serious libel which the Director has ruled should not be the subject of a criminal charge is chopped off the document which is sent to the accused, this is a detriment to his right to take proceedings in a matter which may amount to slander or defamation. If the words in brackets in the sub-paragraph mean that it is permissible to detach, exclude or censor certain allegations made about the individual officer, it is unacceptable. I hope that the hon. Lady will give us assurances on this matter. Turning to page 14 of Statutory Instrument No. 580, I should be glad if the hon. Lady would help us on a question arising on Schedule 2(6)(c). There is a phrase there which has given rise to grave disquiet in the police service. I understand that Regulation 7(4) of the Police Federation Regulations 1969 says:"of the report, allegation or complaint on which the charge is founded (or so much thereof as relates to the accused)".
To cut through the technicalities, I understand that the existing practice is that the Federation is empowered—by precedent, tradition or regulation—to enage in informal consultations with the chief officer or a police authority about matters which profoundly disturb it. Schedule 6 states that an"Without prejudice to any arrangement for informal consultation… the Federation may make written representation to the chief officer or the police authority."
"offence is committed where a member of a police force—
those are the words which have given rise to doubt—(c) without proper authority"—
The question on which we want assurance is whether the phrase "without proper authority" overrides the hitherto unfettered freedom of the Federation to engage in the informal consultations which are spelt out in the earlier Police Federation Regulations. We hope that the phrase in Schedule 2(6)(c)"makes representations to the police authority or the council of any county".
does not destroy the Federation's existing well-established rights to engage in informal consultation. I hope that my hon. Friend the Member for Bury St. Edmunds (Mr. Griffiths) agrees that it is important to have this matter cleared up."without proper authority, makes representations to the police authority"
indicated assent.
I am sorry to tell the Under-Secretary that I must now switch her attention back to page 8 in the same Regulations and refer to Regulation 16(8), which refers to the confidentiality of questions about whether a decision was reached unanimously or by a majority. The hon. Lady will note that the operative phrase there is in the last two lines of the paragraph:
"the decision may be a majority decision but it shall not be indicated whether it was taken unanimously or by a majority." That is unsatisfactory from the point of view of the accused officer. For example, in deciding whether to pursue an appeal to the chief constable or the Secretary of State it becomes relevant to him to know whether the decision on his case was taken unanimously or by majority. Suppose that one-third of the membership of the tribunal was against the verdict. It is relevant to the accused officer that he should know that, because it would no doubt influence his decision as to whether there might be good cause for him to appeal. If, however, he is not to know whether the verdict was reached by unanimous vote or by majority vote, he will have to give himself the benefit of the doubt and refer everything to the Secretary of State on appeal.My hon. Friend is on an important point. A minority of one against the decision may well be the chief officer, the chairman of the tribunal. Surely that is all the more reason why the officer complained against should know, because if it should turn out that the man who was on his side, as it were, was his chief officer, who would have to apply the discipline even if he did not believe in the verdict, it would be pertinent to the decision as to whether there should be an appeal.
My hon. Friend has underlined even more starkly why we should have this further protection or reassurance to the accused officer.
Can the hon. Gentleman tell us whether there are parallels for what he is suggesting in the case of any other tribunals, boards or assessors? There is certainly none in the Home Office.
There is no precedent for this peculiar body. It is a one-off situation introducing a new dimension into the handling of complaints by the public against the police. Whatever the precedent or otherwise, there is intrinsic merit, in the context of this new procedure, for making sure that the officer concerned has at least some specific information.
I do not know whether the hon. Lady will be able to deal with this substantial number of specific points. These are matters of vital importance to the police service. Individuals will be profoundly affected in the context of the police disciplinary regulations involving suspension, loss of pay or promotion and all sorts of other personal hazards. It is, therefore, vitally important to get the answers to these points. I understand the hon. Lady's difficulty in providing complete answers tonight, but that is part of the difficulty of our procedure in dealing with delegated legislation. I hope that she will give serious consideration to these matters and write to us about them if she cannot reply to them tonight.One way out of the difficulty could have been by the hon. Gentleman giving me notice of the points he intended to raise.
I applied my mind to considering these matters and all the possibilities only at the start of today, and the hon. Lady would not have been able to read my writing in the form in which I considered them. No doubt she will be able to give us some answers in the debate, but I hope she can reassure us that she will write to us on the points she is not able to deal with once she is able to see Hansard for today, although that may be many moons away. We want reassurance on these points.
I ask the hon. Lady to look at Statutory Instrument No. 580. Regulation 22 (6)(a), referring to the evidence to be considered by the chief officer before passing judgment, states thatThis is a rather unsatisfactory proposal. The chief officer, before he decides what punishment to pass, can call in an anonymous and unspecified witness on the character of the accused. Why is there this coyness and anonymity about the witness being called in to give evidence of character? Surely the individual's name should be made available to the accused so that he knows who is giving evidence about him. This information should be made available to the accused in the statement and other items in Regulation 11(1) that are sent to the unfortunate person. This is most unsatisfactory. The unknown witness may be hostile. He may be the chap's last employer or someone with whom he has had a row. The accused should be told if the chief officer is to take evidence from some other witness. In the proceedings, the evidence of witnesses is given in open court and is seen and heard by the accused officer. He knows who has produced it. The same principle should apply to references to his character. On the last but one of the Statutory Instruments—No. 582—some explanation is needed for the layman. Am I right in assuming that, following the ending of a period of suspension relating to a potential or actual disciplinary offence, the officer gets back the pay that he lost during the suspension period? I understand that that is broadly the impact of the instrument—that, if he is suspended pending an investigation, when he returns to duty following the period of suspension, regardless of the outcome of the disciplinary proceedings, he will recoup what he has lost in pay during the suspension. What will happen in cases not just of disciplinary suspension but suspension in the light of a possible criminal charge but one that fails to materialise either through insufficient evidence or because the Director of Public Prosecutions decides that he will not pursue the criminal charge in court? In these circumstances—with no charges brought in the end—does the accused officer get the same treatment as he would have had on a disciplinary charge? The last instrument—No. 583—which is mercifully short, has its punchline in the last paragraph. This regulation enables Police Federation funds to be used in cases where an officer is libelled or slandered and the libel or slander, statement or alleged statement, appears to the committee"he shall have regard to the accused's record of police service as shown on his personal record and may receive evidence from any witness whose evidence would, in his opinion, assist him in determining the question".
"(a) to relate to his conduct as a member of a police force, or
I want an assurance about a dispute that might arise between a police officer and a member of the public resulting in a complaint raised in a non-duty situation. There could be a case in which there was a dispute between neighbours. A policeman might have a row with his next-door neighbour over something that was nothing whatever to do with his police duties or his actions in the context of his uniformed or other official duties. Is it possible for Police Federation funds to be used where a libel or slander arises in such a situation? Prima facie it does not seem, according to the specification in subparagraphs (a) and (b) at the end of the Statutory Instrument, as if Federation funds can be used except in incidents in the course of duty. As I understand them, however, the police discipline regulations overflow into the private civil life of the police officer, so that under regulations he can be charged with a disciplinary offence even when he is not doing something in the course of his police duties. It seems absolutely essential that the use of Federation funds should go pari passu with that and extend at least as far as the disciplinary regulations. I hope that the hon. Lady will be able to give us some assurances about that. I apologise to you, Mr. Speaker, and to the hon. Lady, for the difficulty with which we are faced in asking questions about this complex set of regulations. I assure the hon. Lady that if I had been able to send her a typescript in advance I should willingly have done so. I appreciate her difficulty. However, I hope that she will do all she can to deal with these questions and to follow up with a letter all the points that she cannot cover this evening.(b) to disparage him in the office of constable or otherwise to cast doubt upon his fitness to be a member of a police force."
10.16 p.m.
In the previous debate, Mr. Speaker, I erred and strayed somewhat in having undertaken to speak for 12 minutes but, due to a number of interventions I spoke, I think, for 17 minutes.
Eighteen.
You will be pleased to hear, Mr. Speaker, that, although I had it in mind earlier to speak at some length on these regulations, in view of the great lucidity with which my hon. Friend the Member for Barkston Ash (Mr. Alison) has taken the House through this labyrinth of very difficult regulations I shall be able to reduce my speech by at least the six minutes by which I erred in the earlier part of the proceedings. I hope, therefore, that I shall at least atone somewhat for my earlier failure.
The Police Federation never wanted these regulations. Indeed, its members generally opposed them. The Federation accepted them and, of course, will play its part in carrying them out, on three understandings. The first is that there will be no double jeopardy. The second is that the Federation will be able to use its funds responsibly to pursue those who make malicious or frivolous allegations against police officers which later turn out to be unfounded. The third is that officers who are complained against will receive copies of the complaints in order that they may take action to defend their good name. I say at once to the Government that I believe that in general terms they have honoured these undertakings, and I am grateful to the hon. Lady and her officials for having done that. The three or four points that I want to make are also technical, but I hope they can be brief. I refer the hon. Lady to Statutory Instrument No. 583. This was the last one dealt with by my hon. Friend, and I underline his point. Frequently a police office can find himself complained against because of a domestic or family row. There may, indeed, be an argument over a garden fence. There may be a case where a person who has, let us say, criminal propensities is determined to get the police officer for reasons of vengence or general dislike. In those circumstances, not only a police officer but his wife and, indeed, his children can get caught up in a very ugly neighbourhood situation. The chief officer of police, under the very stern regulations that exist in regard to the discipline of police officers, may take the view that the officer's conduct has been unbecoming, has brought discredit on his uniform, or has been generally unacceptable to the traditions of the police service. I should like to hear that Statutory Instrument No. 583, which enables the Federation to use its funds in respect of the two sorts of cases mentioned at the end of Regulation 2, will allow the use of those funds for an officer to defend himself in the sort of situation that I have described. I do not ask the Minister to answer this tonight, but I hope that she will reply in writing so that the Police Federation, for which I speak in this matter, will be able to consider her reply. Another point I want to make concerns Statutory Instrument 578, and in particular Regulation 5(1). This point was referred to by my hon. Friend the Member for Barkston Ash and concerns the progress of reports. It is obviously important that the new Police Complaints Board should get a move on, and one of the fears that I have had throughout is that whereas police officers may well be spared double jeopardy, they may find themselves in protracted jeopardy because of the length of the time taken by the new Board in considering charges against them. It may well be that a man could be left suspended from duty with the finger of suspicion pointed against him while the old engine of bureaucracy churns away. If justice is to be done, it is right that it should be done speedily. A man cannot go on waiting for ever. The Government have gone some way in this Statutory Instrument, and, as the Minister promised in Committee, it certainly puts pressure on the police officers concerned to deal with the matter as quickly as possible. However, according to Regulation 6 the Board is required only to dealThe pressure is on the police service but not on the Police Complaints Board. That is wrong, and I hope that the Minister will deal with it. Another point I wish to make concerns Statutory Instrument No. 578, which deals with the complaints register. It is referred to in Regulation 7 on page 4. A new register is to be kept in, I suppose, every police station, or, at least, every force headquarters. Who will keep it? What will be contained in it, and what will be its status? Will it be entirely confidential, or will a matter in the register be taken out and possibly held against an officer on all subsequent occasions when the question of punishment arises? It is important that we should know where the responsibility for the register will be and what will be the nature of its contents. I also wish to ask about the copies that will be made of the complaints. I shall be brief because my hon. Friend the Member for Barkston Ash dealt with these questions extremely well. However, I find it difficult to understand why there may be some doctoring, editing, bowd-lcrising or selecting of a complaint against police officers. Every hon. Member knows well how easy it is to select from a document or newspaper report a particular part that proves one's point; we are all experts at doing that. We frequently hear the riposte, "Let us hear the whole of it, and let us hear the context". It is a proper tradition of Parliament and courts of law that one should produce the whole of a document if one is using part of it to establish a complaint or argument. In this case, the police officer complained against may find that he has access only to such part of the general complaint as his chief officer believes is relevant to him. However, the officer concerned may take the view that all of it is relevant to him. The chief officer is in a position that he may withhold certain portions of the complaint if he thinks that it might prejudice other, criminal proceedings or even simply another investigation that is being pursued. The chief officer may withhold a portion of the complaint on the ground that he believes it to be in the public interest to do so. I stress this point more than any other to the Minister and also to you, Mr. Speaker. It is a proper tradition in this country that only Ministers of the Crown should determine what is the public interest. Only Ministers accountable to this House should be able to take the decision, on the ground of public interest, to withhold information. The intention is that a chief officer of police should make the initial decision not to divulge information against a man on the ground that he thinks that the public interest may be damaged. I accept the principle and realise that there may be issues of State security or matters perhaps even touching upon the conduct of the Government themselves on which the Metropolitan Commissioner, with his knowledge of the Special Branch and the CID, may properly take the view that it is not in the public interest to divulge information against a police officer. However, if he does that on the ground of public interest, that public interest should be determined by the Home Secretary. Since this point was made in Committee, the Government have moved some way and now virtually require a chief officer who decides to withhold information in the public interest to be backed up by the Home Secretary. However, the provision is not clear enough, and it should be expressly stated that a decision to withhold such information should be made by a Minister accountable to Parliament and by no one else. Regulation 3(2)(b) and the addendum to Statutory Instrument No. 579 leave the public interest undefined. If it is to be judged by an officer of police, this House had better make sure that it is defined. If it is to be determined by a Minister we may properly leave things as they are. However, a decision must be taken and I hope that the Minister will at least refer to this point in her speech. I am totally opposed to the new Complaints Board, but I am sure that we all want it to work now that we have got it. Members of the Police Federation do not like the Board, but I am sure that they will co-operate with it, especially if they can see that the Government are anxious to ensure that the anxieties of police officers should be dealt with. Much will depend on the tone and manner in which the Board applies the new law. If one-tenth of the mental effort and intellectual ingenuity that went into the Committee stage of the Bill and its preparation in the Home Office had been devoted to settling the problem of police pay, we should not be in such difficulties now. If the same sum of money as the Board will cost—about £1 million a year—were available for fringe benefits for the police, we could have settled many of the pay policy difficulties quite easily. However, these are irrelevant matters. I hope that the Minister will reply to some of the points I have made."without undue delay and shall take such decisions as appear to them appropriate for the purposes thereof as soon as practicable".
10.29 p.m.
My contribution will be brief and will concentrate on the disciplinary matters affecting senior officers in Statutory Instrument No. 581, and especially Regulation 11.
The Minister will be aware that the conduct of the Chief Constable of Lancashire, Sir Stanley Parr, has been under investigation recently by the Chief Constable of Hampshire, a man of some repute. Sir Stanley Parr's report was leaked by the Press and many of us regarded that as unfortunate. The Press report has not been disputed. In the evidence submitted by the Chief Constable of Hampshire he expressed grave concern about a road accident in which two women were killed. That was his area of greatest concern, yet when the matter was reported to the police committee of Lancashire and the committee decided to set up an independent tribunal the issue was not reported to the tribunal. There are many other hazy features. Various issues have been raised at Question Time, especially the association between members of the police committee and the chief constable who has been under scrutiny. I am made immensely anxious because, apparently, nothing has been done to take remedial action. My right hon. Friend the Home Secretary has indicated that, as he represents the final area of appeal should the case go against the chief constable, he cannot intervene at this stage. If my right hon. Friend cannot intervene, to whom do we turn to expose, explore and remedy the situation? If the police committee is not referring vital evidence that was thought to be of supreme importance when the inquiry was conducted, and if that is not to be laid before the tribunal, how can we be sure that justice will be done? The hon. Member for Bury St. Edmunds (Mr. Griffiths) has referred to the withholding of information. Surely I have given an exact example. Information is being withheld from what is suggested to be an independent tribunal. I have had no opportunity to pursue the matter apart from correspondence, and over a long period I have had no reply. At Question Time we cannot pursue the matter beyond a supplementary question. I am taking this opportunity to ask whether it is intended to remedy the situation whereby evidence is not fully supplied to an independent tribunal when a senior officer is concerned.10.32 p.m.
I hasten to assure the Minister that I do not have an even finer-tooth comb than do my hon. Friends. I add my comments to the issue raised by my hon. Friend the Member for Bury St. Edmunds (Mr. Griffiths). I do not have my hon. Friend's association with the police but I was interested in the Police Bill's passage through the House.
My hon. Friend's reference to public interest merits further and closer examination. It seems unfortunate that there is no definition of public interest and that the decision should apparently lie with the chief officer. It does not need a great deal of imagination to realise that there may be circumstances in which a chief officer may rest upon the provision to preclude his giving a copy of the complaint to the officer who asked for it. I should have been happier if public interest could have been more clearly defined and some criteria laid down or, happier still, as my hon. Friend indicated, if it had been decided that the final decision should rest with the Secretary of State and not that the Secretary of State should merely be asked to agree with a decision already taken by a chief officer. What is the mechanism to be applied? Presumably there will be some way in which the Secretary of State will be told that a complaint has been laid, that the officer concerned has asked for a copy and that the chief officer has refused to comply with the request. Presumably the chief officer will indicate to the Secretary of State why his reasons are in the public interest, otherwise the Secretary of State will be rubber-stamping the chief officer's decision.Perhaps my hon. Friend will be interested to know that the matter is clearly set out by the Home Office in its guidance, which suggests that it is a rubber-stamp system. The relevant paragraph states:
that is, for the withholding—"Any request for the Secretary of State's consent"—
It would seem that the issue is dealt with at a pretty low level in the first instance."should be forwarded…to the Assistant Secretary, F2 Division, Home Office, Queen Anne's Gate and should include (a) a copy of the request made by the officer for a copy of the complaint; (b) a copy of the complaint…and (c) the reasons for the chief officer's opinion that the request should be refused".
My hon. Friend adds weight to my point. I seriously invite the Minister to have another look at the provision. This is a matter that was discussed at some length in Committee. A number of us felt it important that an officer against whom a complaint is made should have the safeguard that he can ask for a copy of the complaint and that such a copy should be withheld only in the most exceptional circumstances. Subparagraph (b) does not meet that point. If the passing on of a complaint is against the public interest, the decision should be taken by the Secretary of State alone.
10.35 p.m.
In view of the lateness of the hour I shall be brief. Since I have been involved for four and a half years in the campaign for this legislation and the setting up of the Police Complaints Board, it would be remiss of me to enter too carping a note or fail to congratulate the Government on eventually bringing the Board into existence.
I am not wholly satisfied with the composition of the Board. I am sure that its members are honourable and distinguished. We wish them well. Whether they represent the widest possible spectrum is another matter. I leave that thought in the Under-Secretary of State's mind and I shall not pursue that line of argument. I wish to give the Board a fair wind. I do not wish to go further into my private feelings about the span of the appointments. I wish to discuss three issues, two of which have been touched upon already. My hon. Friend the Member for Chorley (Mr. Rodgers) mentioned the chief constable and the serious report about his activities which has not been acted upon. An inquiry was conducted by a chief officer in another county under existing procedures. I am here not to discuss the status quo but to discuss what will happen once these Statutory Instruments are implemented. What would happen in the event of similar investigations made under Regulation 17 of Statutory Instrument No. 581 relating to charges against senior officers if there had been a statement as to charges being proved and recommendations about punishment? If the police authority concerned decided to dismiss the findings of the Board and take no further action, would that not lead to a clash between the police authority and the Board? Who would then prevail? Would the Home Secretary initiate a further investigation, or would that be the end of it? If it were the end of the matter, we would see the same lacuna as is causing such disquiet in Lancashire. I support the final remark made by the hon. Member for Bury St. Edmunds (Mr. Griffiths). The hon. Member and I have had many a set-to on this matter, but in pressing for this legislation it has always been our concern that since some complaints against policemen would be frivolous or malicious the policeman concerned should have the fullest possible access to all the charges against him and to the information that is laid. If he does not have it, justice is not properly done. We do not have that precisely in the rather vague wording of S.I. No. 579 in the regulation which has been quoted. Regulation 3(2)(a) provides that the chief officer may refuse to comply if he is of the opinion that it is a matter which might prejudice any criminal investigation. No one would dispute that. But that is a wide category. If we go further, we find that the chief officer may decidewithout any reference to the DPP, and that information should not be made available to the officer concerned. That causes me disquiet. I do not go as far as to say that I always trust the Home Secretary of the day to be infallible when making a decision about the public interest. I disagree with the decisions on Mr. Agee and Mr. Hosenball. I can envisage circumstances in which I might disagree with the Home Secretary that it was in the public interest that information should not be given to a police officer against whom a complaint had been made. The House should be the judge. The House can judge only if that decision is one which rests upon the Home Secretary of the day and is taken by him, not if he is simply asked to authorise or rubber-stamp a decision taken about what the public interest should be by the chief officer concerned. I hope that we shall have clarification on this point, which has been made by three out of the five hon. Members who have spoken. Another point concerns Statutory Instrument No. 578, and hon. Members will not be surprised to learn that I am here concerned for the rights of the complainant rather than those of the policeman complained of. I would draw my hon. Friend's attention to Regulations 4 and 6, because in both of them there is a slightly and unnecessarily vague wording where the question of the withholding of information again comes forward, this time in the case of the complainant rather than in the case of the officer complained of. Regulation 4 states:"that it would otherwise be contrary to the public interest",
I can understand that—"Where the Complaints Board have received a complaint against a member of a police force, they shall transmit it to the chief officer appearing to them to be the chief officer concerned unless they are satisfied that to do so would be contrary to the complainant's wishes"—
I should like to hear from my hon. Friend what "unnecessary" actually means. Is this a draftsman's way of saying that it is so frivolous or irredeemably trivial that the complaint need not be passed on, or is there more to it? The complainant will believe that the information should be passed on and that the? complaint should be laid before the chief officer, and he will want to know clearly why this has not happened. The complainant will not want to refer to Regulation 4 in its present form. My final point concerns a rather similar matter, the question of the function of the Complaints Board regarding disciplinary charges. Regulation 6(2) lays down the procedures to be followed. It states:"or, in all the circumstances, unnecessary."
In the vast majority of cases, where disciplinary charges have not been put forward the Complaints Board will accept the decision. But that can be the end of the matter only if it is crystal clear to the complainant that it has very good grounds for so doing. But Regulation 6(4) states:"Where the chief officer concerned has not preferred disciplinary charges and the Complaints Board accept his decision".
What on earth does that mean? We should hear more about the practicality of passing on a very basic piece of information to a complainant who by the nature of events will be very sure indeed that as he sees it his complaint is not being taken particularly seriously. If these procedures are to work, it is essential that both the complainant and the police officer complained of should know that every possible means of giving them access to the information about the nature of the complaint, and what is happening to it at all stages, is provided. If that does not happen, these procedures will fall under the same suspicion and the same perhaps misapplied hostility as is attached to many of the investigations under Section 49."The Complaints Board shall be relieved of the duty of notifying the complainant as mentioned in paragraph (2)(b) or (3) if compliance therewith appears to them to be not reasonably practicable."
Does the hon. Gentleman appreciate that the overwhelming number of cases will actually be laid before the DPP because he has to take cognisance of even trivial or minor matters? The DPP has never given reasons for his decision not to take proceedings. The Attorney-General merely says that he has decided not to do such-and-such and so-and-so without divulging the reasons. It is unlikely that the Government will concede that in this case.
I accept that the DPP does not do this. I am not sure that it has always been right that the DPP should not give reasons. But we are talking here of disciplinary decisions by chief officers, which presumably antedate, and do not predate, reference to the DPP.
10.45 p.m.
I have some experience of those who make complaints against the police. That is why I want to know why, if a chief officer of police is brought before the tribunal, he is entitled to be represented by himself, by counsel or a solicitor, or by a member of the police force selected by him, but a non-senior police officer can be represented only by a member of the police force selected by him. A complaint against an ordinary police constable could easily be a serious matter. I should be grateful to know the reason for this differentiation.
10.46 p.m.
I have been asked I do not know how many questions. I shall try to answer as many as possible, and I shall write to the hon. Members concerned about any that I do not answer when I have been able to study the Hansard report of the debate.
We are discussing six sets of regulations which have to be approved by Parliament so that the new procedures under the Police Act can come into operation on 1st June.Will the Minister permit me to interrupt?
Of course.
It may be, Mr. Deputy Speaker, that it is your advice that I need as well as the Minister's. On the Order Paper, below each of the motions relating to Statutory Instruments Nos. 581, 582 and 583, there is the text
The Minister wants these instruments to come into effect on 1st June. I do not think that there is any dissent about that. However, when we have completed our consideration tonight, do the instruments go back to the Joint Committee? What happens, in the light of what appears on the Order Paper, if the Joint Committee decides that there is something defective? Does the instrument concerned come back to the House for us to consider it again? I should be obliged for your help, Mr. Deputy Speaker, since this matter is of relevance to the police service."The Joint Committee on Statutory Instruments have not yet completed their consideration of the Instrument."
I think that the answer is that it is entirely a matter for debate whether the instrument should in its present form be annulled. All that the hon. Member and his hon. Friends are doing at present is praying against the instrument.
Thank you, Mr. Deputy Speaker.
Statutory Instrument No. 578, the Police (Complaints) (General) Regulations, provides for the detail of the actual handling of complaints under the new procedures. Regulation 4 requires the Complaints Board to forward to the appropriate chief officer of police any complaint which it receives unless the complainant does not want this or it is unnecessary—for example, because a copy has already been sent to the police. The regulation follows an amendment which was made to the Bill in Committee.
In reply to the point raised by the hon. Member for Barkston Ash (Mr. Alison), I can tell him that the statutory duty on the chief officer to investigate a complaint applies only when he receives it. The Complaints Board will tell the complainant that it cannot investigate a complaint and will try to get the complainant's agreement to pass it on to the police. If he does not agree, it will be investigated.The hon. Lady says that if the complainant does not agree, it should be passed to the Board—
I am sorry. In that case it will not be investigated.
Regulation 6 requires the Board to notify the complainant when it accepts the chief officer's decision that no disciplinary charges should be preferred in respect of a complaint. This procedure, assuring the complainant that his complaint has been the subject of an independent scrutiny, was an intrinsic part of the original scheme. The Home Office has advised chief officers to tell police officers about the progress of the case where possible. I ask hon. Members to note paragraph 43 of the guidance notes available in the Library. We hope that the Board will be expeditious in its handling of reports. Chief officers have been advised to tell the Board if something is particularly urgent. With regard to letters to the Board—The hon. Lady has jumped rather rapidly from Regulation 4 to Regulation 6. Regulation 4 was the point about the complainant not wishing the complaint to be passed on to the police. The hon. Lady has not quite answered my point, which has given rise to some disquiet. Suppose that it is a complaint, prima facie, of some substance and the complainant decides that he does not want it passed on to the police. It is a rather anomalous situation, with the Board left holding the complaint, which it cannot investigate, and cannot pass on to the police for investigation. It is nevertheless a serious complaint. The vacuum situation seems unsatisfactory.
I have not finished with Regulation 4 yet. Those were my preliminary remarks.
During discussions on the Police Bill a number of hon. Members took the view that someone with a complaint against the police should not necessarily have to make his complaint at a police station or write direct to the chief constable, which would be the normal course. They thought that it should be possible for a complainant to write to the Board if he preferred. There is no reason why this should not be done. It must be remembered that the Board can take no action on a complaint unless it has first been investigated by the police. If, therefore, anything is to be done about a complaint which has been addressed to the Board, it must be forwarded to the police. Regulation 4 requires that this should normally be done. If the complainant makes it clear that he does not want his complaint to go to the police, the Board has said that it will explain to him that this means that it cannot be investigated. It will, naturally, be open to the Board to try to persuade the complainant to change his mind if it seems to be in the public interest that the complaint should be investigated. Connected with this is Regulation 6. As I have said, it has been an intrinsic part of the new procedure that, where no disciplinary charges are to be brought as a result of the complaint, the Board rather than the chief constable should inform the complainant so that he knows that the Board has been involved. Regulation 6 allows the Board to amplify its notification with appropriate relevant information and explanations. Chief officers have been advised that they should inform the Board of any relevant action other than the bringing of formal disciplinary charges which they have taken as a result of a complaint and say whether they wish this to be passed on to the complainant. We envisage that the police and the Board will be able between them to settle what the complainant should receive beyond the bare notification that no disciplinary action is to be taken—for example, in the way of an apology or an explanation of why particular action was necessary in the circumstances. With regard to Regulation 5, the explanation for which I was asked is apparent, I think, from what I have just said.I should like to press my hon. Friend a little further about Regulations 4 and 6 of Statutory Instrument No. 578. In what circumstances could the Police Complaints Board see it not reasonably practicable to tell a complainant why disciplinary action was not taken?
I think that the Police Complaints Board is left to judge each case on its merits, and we feel that the Board, in certain circumstances, may not want to pass on the information. I could give my hon. Friend some examples of certain circumstances, given time, but I think that there would be cases in which the Board might consider that it was not practicable to pass on the information, and this makes it possible for it to do that in rare, exceptional cases.
Statutory Instrument No. 579 is the Police (Copies of Complaints) Regulations. These provide for a police officer who is the subject of a complaint to receive a copy of that complaint on request once the case is closed, subject to rare exceptions. Several hon. Members have raised points on this matter. The first point that I should like to make is that hon. Members have argued that a copy should be supplied at the close of the case to the officer automatically and not at his request. This would go further than the undertaking given by the previous Home Secretary in July 1975. It was put to us by the Association of Chief Police Officers that the complainant or a potential complainant might feel disquiet at the practice of supplying copies of complaints automatically and that it could act as a deterrent for the public to complain. An additional point made was that the automatic supply of copies would increase the amount of work and was unnecessary if the officer concerned was not interested in having a copy of the complaint. This was put to us by the ACPO. If nearly all police officers in fact request copies, in practice there may be very little difference between either formula. With regard to the specific points on that matter raised by the hon. Member for Bury St. Edmunds (Mr. Griffiths), it is necessary to provide that the officer be given only so much of the complaint as relates to him, because it would be unfair to other people mentioned in the complaint to give the officer material which is defamatory of them but which does not affect his case. The chief officer is the only person who can form a provisional assessment of whether providing a copy of a complaint would not be "in the public interest". It would not be wise to attempt to define in the Statutory Instrument the circumstances in which this could affect the public interest. The safeguard lies in the Secretary of State's oversight and his responsibilities to Parliament. The fact that the request is sent to an official of whatever rank, does not show that the ultimate decision will necessarily be a rubber-stamping. I think that I can appreciate the apprehensions of hon. Members, but I say again that what they are asking—an automatic copy, and not on request—would go further than the undertaking given by the previous Home Secretary and the representations that were made to us by the Association of Chief Police Officers.Can the hon. Lady deal with the curious anomaly that the sending of a copy of the complaint is automatic where a disciplinary charge is preferred, as provided in Regulation 11(1) of the regulations to which we shall come next, but it is not automatic only where a charge is not preferred? Why is there one law in one circumstance and another law in another?
I can only say that the reason is that put by the Association of Chief Police Officers. I have already stated the point which the association made. It complied with what the previous Home Secretary undertook to do, and for those reasons the Statutory Instrument has been worded in this way.
I am sorry to interrupt again, but, with respect, the hon. Lady is making a series of assertions and is not giving the House reasons. For example, she says that the chief police officers believed that it should not be done because it would cause more work. But the whole process causes more work at every level. That cannot be a good enough reason.
I gave that as only a minor reason.
Next, the hon. Lady made the point that the chief police officer should not allow the full complaint to be made available because it might contain material defamatory of someone else apart from the officer complained against. But the reality of police work is that all officers are constantly in possession of allegations made—this is the very nature of police work—frivolous allegations, malicious allegations and allegations of all kinds. It is the duty of a police officer to try to distinguish one complaint from another in the action which he takes. It is not sufficient to say that, because ACPO took that view, the whole question of public interest should depend upon the discretion of the chief officer.
It is important that the officer should be given only so much of the complaint as relates to him, otherwise it would be unfair to people mentioned in the complaint if there were allegations defamatory of others which had nothing to do with the officer's case. Quite apart from what ACPO said, I think that that is a good justification for the provision in the Statutory Instrument.
Statutory Instrument No. 580, the Police (Discipline) Regulations, consolidates all the existing discipline regulations and applies to officers up to and including the rank of chief superintendent. My hon. Friends the Members for Chorley (Mr. Rodgers) and for Derby, North (Mr. Whitehead) put certain points to me, and I must tell them that it would be wrong for me to comment on particular disciplinary proceedings or allegations against any police officer—this is a separate issue and I shall deal with it now—because my right hon. Friend is the appellate authority. My right hon. Friend undertook on 31st March that when the disciplinary proceedings in which the Chief Constable of Lancashire was involved had been completed he would consider whether any more substantial changes were called for in the disciplinary arrangements for senior police officers. I remind my hon. Friends that the new procedures do not apply to senior police officers. In response to the other point put to me I refer my hon. Friends to paragraph 8 of the guidance, which is available in the Library. I was asked several other questions on Statutory Instrument No. 580. Two Opposition Members asked about complaints against policemen off duty. If the libel is such as to cast doubt upon an officer's fitness to be a member of the police force, he is eligible for assistance from the Federation.Does the hon. Lady mean to draw a distinction between a civil libel and a criminal libel? If she does not, what is the distinction between a libel which falls into the category she has described and a libel which does not? How does one recognise the category into which it falls?
I was answering a question that was asked when the hon. Gentleman was not in the Chamber, and I can see that he cannot follow my reply.
I now come to the question asked by my hon. Friend the Member for Coventry, South-East (Mr. Wilson) about legal representation for senior officers. This is a consequence of the fact that the case against an officer is heard by a lawyer and presented by counsel or a solicitor. This is not so in less formal procedures and disciplinary procedures against junior officers. Questions were asked about Statutory Instrument No. 580, the Discipline Regulations, and Schedule 2, paragraph 6(d)relating to the canvassing of police authorities. This provision is not new. A similar provision appeared in the discipline code attached to the Police (Discipline) (Amendment) Regulations 1967, paragraph 6. The other police organisations were not content to drop the provision, as the Federation suggested, because they thought that to do so might undermine the authority of the chief officer. But the Federation can raise any problems that it sees in the regulations in the forthcoming discussions on the Federation's constitution. The hon. Member for Barkston Ash asked me another question about Statutory Instrument No. 580. This deals with discipline, and not with criminal matters, on which the police are subject to the ordinary law of the land. The regulations do not need to deal with criminal proceedings. Regulation 8 deals only with a disciplinary offence. The guidance deals with the relationship between investigations and criminal and disciplinary proceedings. The guidance is available in the Library. An officer will be told if the DPP decides not to prefer a criminal charge. Regulation 11(1)(b) deals with matters and documents relevant to a charge for a disciplinary offence. The Police (Copies of Complaints) Regulations deal with provisions for copies of complaints where there is no disciplinary charge. Regulation 6(1)(a)has been supplemented in the guidance—again in the Library—agreed by the Police Complaints Board and chief officers. Chief officers are especially advised that the evidence should be carefully prepared and, if the officer is found guilty, shown to him before it is given. This is also in the guidance, at paragraphs 23 and 24. A question was asked on Statutory Instrument No. 582 dealing with suspension pay. An officer is suspended on pay whether the suspension is pending investigation of a possible serious criminal charge or a disciplinary offence. But he is not paid for any period he may be in custody. If he is ultimately cleared, he is paid in full. I was asked one other question by my hon. Friend the Member for Derby, North. He has now left the Chamber, so I shall leave that. I shall, as I said earlier, ensure that any questions that I have left unanswered are answered in writing. I ask the House to agree to these Statutory Instruments. They implement the provisions of the Police Act 1976, and I ask for their full endorsement tonight.Question put and negatived.
Does any hon. Member wish to move to annul any of the subsequent Statutory Instruments?
On a point of order, Mr. Deputy Speaker. You have very kindly already taken some account of the curious phraseology attached to the later Statutory Instruments, namely:
I seek your guidance as to whether the approval of the regulations as presented will inhibit the rights or powers of the Joint Committee to make recommendations as to changes, because apparently there is a clash between two bodies with constitutional rights and duties."The Joint Committee on Statutory Instruments have not yet completed their consideration of the Instrument".
As I understand it, all that the hon. Gentleman and his right hon. and hon. Friends have done is to pray against the regulations in their present form. Subsequently they will be at liberty to take whatever action they wish. Does that help the hon. Gentleman?
Further to that point of order, Mr. Deputy Speaker. Does that mean that, notwithstanding that the regulations may be approved in the form in which they are presented tonight, it will be open to hon. Members to make representations to the Joint Committee on Statutory Instruments retrospectively to change them?
Always bearing in mind that the regulations do not come into force until 1st June of this year.
Further to that point of order, Mr. Deputy Speaker. Would it not therefore be appropriate for the Under-Secretary of State to give an undertaking to the House that, if these regulations go through "on the nod"—;
They are not going through "on the nod".
but the Joint Committee makes criticism of them, the Government will provide further time for a motion to annul to be debated?
Although the hon. Gentleman was looking at the Under-Secretary whilst he posed that question, he was really addressing the Chair. His proposal is hypothetical.
The Hansard report of today's proceedings will be studied by the police service very carefully. It is, therefore, important that as and when the police obtain copies of Hansard they may understand clearly what the position is. Am I right in believing that there is no question of the regulations being passed tonight? Rather, the Opposition are seeking to pray against them, but if the Opposition's Prayer is unsuccessful, the regulations automatically come into effect on the date specified therein—namely, 1st June.
That is entirely correct.
If I am correct in that matter, it means that between this date and 1st June, which is not a very long period, the Joint Committee on Statutory Instruments may take the opportunity of completing the examination which it has already commenced. During the three or four weeks remaining it would be open to the Joint Committee to find the orders technically defective. If that were so, may I ask the Minister through you, Mr. Deputy Speaker, whether she would then withdraw the regulations, notwithstanding the fact that the Prayer will not have succeeded? However, in such an event the Joint Committee will be dissatisfied technically with the regulations.
The answer to that is that it would be up to the House itself to make the decision on this matter. The Committee's report would come to the House, and it would be up to the Government to decide what action to take in the light of the circumstances.
Further to that point of order, Mr. Deputy Speaker. If the Prayer is withdrawn and the Joint Committee makes a report recommending some change in the Statutory Instrument, under our present Standing Orders, unless the Government give time again, another Prayer cannot come on to the Floor of the House. We are asking the Under-Secretary of State, who is holding the fort for the Home Secretary, whether, if the Joint Committee produces substantive criticisms of any of these regulations, she will undertake that the Leader of the House will give time, since the Government control the time for negative motions, for another negative motion to appear on the Order Paper in the form of a Prayer. If she will not give that undertaking, the Joint Committee's functions are quite worthless.
The House has negatived the first Prayer. It would be in order, subject to what hon. Members say regarding the other Prayers, to let the matter rest. As I have said, should there be any matter which met with the disapproval of the House the House would find the opportunity to debate it.
Further to that point of order. Is it not the case that, once the House has decided to negative a Prayer, another Prayer cannot be tabled, under the rule that once the House has taken a decision it cannot reverse it? Surely, it is only if the Prayers are withdrawn that there can be a future occasion to pray against a Statutory Instrument. Therefore, my hon. Friend the Member for Barkston Ash (Mr. Alison) would be well advised to withdraw the Prayers rather than allow them to be negatived, because if he allows them to be negatived they cannot be re-tabled, even if the Government were willing to do so.
Further to that point of order, Mr. Deputy Speaker. I take the point put by my hon. Friend the Member for Tiverton (Mr. Maxwell-Hyslop). If it will facilitate the effective consideration of these Statutory Instruments by the Joint Committee, I will, under your guidance, readily withdraw the Prayers or not move them in order to help the situation.
Only the first Prayer has been moved.
Education (Lancashire)
Motion made, and Question proposed, That this House do now adjourn.—[ Mr. Snape.]
11.17 p.m.
The development of a healthy, further and higher education provision is clearly essential for the economic, social and cultural well-being of the North-West Region. Prior to local government reorganisation, the local authorities in the area were attempting to maximise developments in their areas, and since reorganisation, in Lancashire in particular, there have been increased opportunities for rationalisation and a comprehensive system of further and higher education, which I am sure my hon. Friend the Minister of State will recognise as being in accord with the Labour Party's Green Paper on adult education.
At the core of the developments in Central and West Lancashire, in which there are several institutions of further and higher education, stands the Preston Polytechnic. Within the area there are the W. R. Tuson College of Further Education, the Blackpool College of Technology and Art, Lytham St. Annes College of Further Education, Leyland Motors Technical College, and the Edgehill College of Further Education. I am concerned specifically about the polytechnic and its vital rôle as the centre of this system of further and higher education within the area. The polytechnic is responsible for generating new educational opportunities in its own right, and in playing a facilitating and coordinating rôle in respect of various developments in other centres. The Preston Polytechnic was the last of 30 polytechnics to be designated, and some of its problems have stemmed from that fact. Nevertheless, it is true that there are three sectors in which significant progress has been made. Student enrolment has risen dramatically and further increases can be predicted effectively on the basis of the way in which existing courses have been formulated and developed. The number of CNAA approved degree courses has risen significantly. Originally there was only one such designated course, but now there are 14 certificate, diploma and professional courses of various types. The polytechnic has acted as a focus for numerous developments involving other institutions. In looking at the whole problem we must bear in mind the difficulties existing in terms of provision within the polytechnics for the overall population. It is significant that in the North-West there are three polytechnics—one at Liverpool, one at Manchester and one at Preston—covering a population of 1,194,000. In the Greater London area, with a population of 1,070,000—slightly lower than that of the North-West—there are eight polytechnics. It was the tail-end emergence of the polytechnic at Preston—just before the 1973 moratorium on public building programmes which halted the development of the campus—and its subsequent problem that arose from the high alumina concrete difficulties that should earn it preferential treatment. The achievement of the polytechnic should not obscure the fact that the appropriate measures of support and priority have not been forthcoming. There are two instances of this. The first relates to teacher-training proposals, and the second relates to capital building programme allocations. The Minister will recall that not long ago a deputation visited him, comprising all parties on the Lancashire County Council and some Members of Parliament. We presented a number of arguments about teacher training and the rôle that the polytechnic had played. I do not wish to recapitulate all those arguments, but I shall remind the Minister of certain things. We demonstrated the importance of a polytechnic's in-service teacher education provision, and we proved that the in-service needs of Lancashire could not be met by any other agency. We showed that the polytechnic had already merged creatively and successfully with the two colleges of education at Poulton and Chorley, taking a reduction equivalent to the closure of one of these colleges in the process. We detailed the progress made towards integration of the Bachelor of Education course with other courses in the polytechnic. The polytechnic meets all the criteria established by the Minister's own Advisory Committee on the Supply and Training of Teachers. I have no doubt that the Minister will be actively reconsidering those proposals. I hope that, while it may not be possible for him to give any information tonight, at any rate the matter is still open and the teacher education programme within the polytechnic will be retained. I do not wish to labour the matter, but I should like to point out that teacher- training education considerations cannot be isolated from consideration of other types of education. This is our view in Lancashire, and I believe that it is also the view of the Government. Preston Polytechnic is essential and administratively viable without teacher-training education. There should be no doubt about that. The question of closing the polytechnic does not arise. The proposals made for Preston Polytechnic, apart from being inappropriate from the teacher-training point of view, ignore their possible effect on the general development of the polytechnic. As I have said, the institution began life late. It had all types of difficulties to contend with. The Department aided and abetted its development, the final decision on which was taken only two years ago, although there have been certain setbacks in the building programme. The polytechnic was designated and substantial building work was required. It had been approved by the Department but was effectively cancelled by the moratorium on building which began in December 1973. The programme has been restored at a much reduced level. Indeed, the only new buildings under construction now are the students' union block, the library and residential places for about 150 students—the only students' residential buildings in Preston. The polytechnic has been given priority by the local authority in major building submissions, but the authority is also engaged in building the other major college of further education in Preston, the W. R. Tuson College, and the rate at which submissions have been made for the polytechnic have not been satisfactory from the polytechnic's point of view. We now have a situation in which the authority has proposed further buildings, only to have the proposals rejected by the Department. The particular problem with which I am concerned involves the art and design building. There is also under-provision of students' residential facilities in Preston, and there can be no doubt about the urgent need for the inclusion of further residential blocks in the building programme. The art and design department—which, incidentally, has a more vocational programme than most people realise—deals, among other things, with a BA graphics course and a BA fashion course. It can operate only because the polytechnic acquired the premises of Lancaster College of Art when it merged with the nearby further education college two years ago. The department is split between two campuses 20 miles apart. The claim of the art and design department to be included in the building programme is incontrovertible. The academic departments of the polytechnic are possible only because of the acquisition of leased properties, and there are various problems that arise from that. I want quickly, in the time available, to turn to the Lancastrian School of Management. This has been a particularly good piece of work because—and I may mention him personally—the dean of this faculty has put in a tremendous amount of effort in trying to get management education on its feet in this area. The Minister will recall that the regional management centre was set up by the joint activities of St. Helens College of Technology and the Liverpool Polytechnic. There have been growing pains during its development and politics have played a part, both at local authority level and within the two institutions, but the RMC has failed to establish the network of management education within Lancashire that was anticipated when it was set up. The LSM has been attempting, in cooperation with various colleges in the area, to fill the vacuum created by the inactivity, in the industrial sense, of the regional management centre. Various discussions have taken place between the LSM and RMC. In November last year the Minister was kind enough to see a deputation from the area with a number of hon. Members and representatives from the LSM at which some of the problems were put to him for consideration. My hon. Friend indicated that there was a case for reappraisal of the constitution of the RMC. Various meetings have taken place since then, and on 22nd April there was a joint meeting between representatives of the RMC and the LSM at which a resolution was agreed which indicated that Liverpool, St. Helens, the LSM, Manchester and Cheshire would try to establish a constitution to provide for equal partnership from the education authorities and management schools within the centre's area. This suggests that we may be on the brink of developments. Can the Minister throw any more light on this? I understand that the Secretary of State has referred recently to 40 per cent. increases in students' fees. This has been applied to an extent within the Lancashire educational institutions, but the Preston area, and particularly the polytechnic, is so affected by the increases that fees for a three-session course have increased by more than 100 per cent. while fees for a four-session course show a 156 per cent. increase on those charged this year. It is implied that these increases represent the policy of the Secretary of State. There are regional variations within Manchester and other parts of Lancashire, and the Minister will know that the National Association of Teachers in Further and Higher Education is seeking to apply sanctions in an attempt to get a reversal of this policy. I could go on and talk about public expenditure cuts, block grants, teachers' jobs and various other much-needed resources in eduction, but my hon. Friend the Member for Chorley (Mr. Rodgers), who is also concerned with the problem, wishes to supplement my views briefly.11.34 p.m.
I shall be brief. I am grateful to my hon. Friend the Member for Preston, South (Mr. Thorne) for allowing me to take part in this debate. I shall concentrate on the Chorley campus, which is a sector of the Preston Polytechnic.
This college has a catchment area of 2,500 square miles and covers remote areas of East Lancashire almost as far as Burnley; yet everyone who uses it can reach the college within 40 minutes on the good public transport and motorway services. Taking this college away would leave a great hole in education in Lancashire. My final point is that we provided at Chorley good in-service training for those intending to teach the disabled. This was a new service which did not previously belong to education. I would hate to see it neglected as a consequence of cut-backs in teacher training provision. I conclude by expressing the hope that my hon. Friend will take due note of my comments.11.35 p.m.
I thank my hon. Friend the Member for Preston, South (Mr. Thorne) for the full account he has given of the problems of higher and further education in Central and West Lancashire. Before I deal with the specific points that he raised, I would say that my hon. Friends who are present in the Chamber tonight—my hon. Friends the Members for Chorley (Mr. Rodgers) and for Rossendale (Mr. Noble), as well as my hon. Friend the Member for Preston, North (Mr. Atkins) and his colleague from Preston, South—are regular visitors to my Department as members of one delegation or another concerned with education in Lancashire. That is rightly so, because Lancashire has for centuries had a very proud record in its concern about the provision of higher and further education.
My hon. Friend the Member for Preston, South was in particular referring to the polytechnic in Preston on a number of counts, and I hope to be able, in the limited time available, to deal with the specific points that he made. One thing that puzzles me a little concerns a question of numeracy. My hon. Friend said that there were three polytechnics for 1,194,000 people in the North-West area as against eight polytechnics for, I think he said, 1,070,000 people in the Greater London area. I am aware of the tremendous decline in population that has taken place in Greater London, but I had not realised—and I do not think that my hon. Friend meant it—that it had declined so much. Perhaps it is about 11 million. I do not think that it can be 1 million for the Greater London area.The point I was making about the population concerned the school population, not overall population.
I shall discuss the matter with my hon. Friend, but I think that even on the basis of school population he is out by a large factor. However, I take his point. He made the point that I frequently made as a Back Bencher about the neglect of provision in the North-West as compared with the South-East.
Preston Polytechnic is a first-rate polytechnic. It was the last of 30 polytechnic and led to some difficulties, not least with regard to the building programme. My hon. Friend mentioned various proposals that have been before the Lancashire County Council, which is the local education authority responsible for the area in which Preston Polytechnic is situated. My Department invites bids from local authorities each year for building projects costing £50,000 or more for inclusion in the following year's major building starts programme for higher and further education. The Lancashire local education authority requested the inclusion of three projects, all in Preston, for the 1977–78 building programme—a communal block with catering facilities for the W. R. Tuson College—a tertiary college, one of the few in the country, of which Lancashire should be proud—a hostel block for 150 students for the polytechnic, and a major new art and design block also for the polytechnic. As a consequence of the measures announced by the Chancellor of the Exchequer in July and December 1976, there had to be some reductions in that programme. In the circumstances, and bearing in mind the Government's priority and my party's priority for projects in the non-advanced further education sector for the 16–19 age group, it was possible to include only the W. R. Tuson project in the 1977–78 building programme, at an estimated cost of £345,000. I recognise the importance of the two polytechnic projects and the need in particular to bring the department of art and design to the proposed new building on the Preston site. Assuming that submissions are made by the Lancashire education authority, we shall be considering those projects again for any future programmes. Unfortunately, because of the economic situation it was impossible to include them at present. I shall bear in mind what my hon. Friend has said. My hon. Friend also referred to teacher training at Preston Polytechnic. He argued vigorously tonight, as he did previously with his hon. Friends when he brought a deputation to see me at the beginning of February, against the proposal to cease initial teacher training at Preston Polytechnic. The reason for that proposal—I emphasise that it is a proposal and not a decision, and that I bore very much in mind what my hon. Friend, his colleagues and representatives of the Lancashire education authority said to me—is the enormous decline in the birth rate that will take place during the 1980s. It would be madness to pursue a policy whereby we were training teachers for certain unemployment during that time. My hon. Friend may wonder—I should undoubtedly do so in his position—whether the North-West in general has its fair share of teacher-training places. It may well seem odd that we should be proposing to take teacher training away from a polytechnic when it is the Government's policy to integrate teacher training and teacher education with other forms of higher education. Furthermore, the colleges that merged with the polytechnic have a good record in providing for mature students and a successful BEd. course. However, we cannot look at individual instances totally in isolation. We have to take into account the other provision in the county, and, more important, in the region, including—this is a very important factor in the North-West—the large number of voluntary colleges provided by the Churches. In drawing up our proposals we did not follow slavishly an allocation of the 45,000 places available in strict proportion to the prospective school population. The number of places provided for the North-West Region is 7,150 against a strict arithmetical allocation of 6,310 places. For Lancashire the proposal will give 1,415 teacher training places, about 200 more that a strict arithmetical calculation according to the school populationrose—
I am sorry, I cannot give way.
I want to turn to a subject that I know is dear to the heart of my hon. Friend the Member for Preston, South—namely, the Lancastrian School of Management. Quite rightly, my hon. Friend referred to this school. He and some of his colleagues came to see me in a deputation to discuss arrangements between Liverpool and Manchester and the Lancastrian School to get matters on a more equitable basis than I think is true at present. As my hon. Friend has said, the regional centre of management for the North-West was based on the St. Helens College of Technology and Liverpool Polytechnic, but there are clear signs that the level of co-operation between the centre and the other providers of management education in the area—for example, the Lancastrian School of Management—could be improved considerably. As my hon. Friend has said, there was a meeting on 22nd April. As a result, it was agreed that there should be one centre for the North-West and that there should be fair and equal participation, especially in respect of the excellent school of management at present centred on Preston and in respect of the School of Management in the Lancashire area. I know that further meetings are to take place about a new constitution. It is right that there should be a new constitution. I have written many letters to the existing providers of management education in the North-West. Because this involves my own region, I should be prepared to assist further—not only the Lancastrian School but Manchester, Liverpool and St. Helens—in establishing and reinforcing one of the best schools of management in the United Kingdom. I apologise for having to be so brief on that important subject. My hon. Friend also referred to student fees. I think that he was talking about non-vocational fees, because a scale has been laid down for polytechnic and university fees. My hon. Friend quoted percentages. He used the figure of 40 per cent. It is always difficult to deal with percentages as one must know of what the figure is a percentage. Local authorities have complete discretion about the amount of fees. If the fees were previously low by comparison with other authorities and there was an enormous percentage increase, it need not follow that there was an enormous increase in money terms. I shall examine the figures to see whether Lancashire is out of step with other authorities in the level of increases in the non-vocational fees that they charge. I shall take full account of what my hon. Friend has said. I cannot give the House any information about whether Preston will be included in the proposed closures. I have a number of other colleges to see. I shall take into account all that has been said when making these decisions. The final decision will be made next month. No longer should colleges have to wait endlessly to know about their future. I shall take note of what has been said. On some of the points, because of the limited time available, I have not been able to answer.Question put and agreed to.
Adjourned accordingly at thirteen minutes to Twelve o'clock.