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Commons Chamber

Volume 942: debated on Tuesday 17 January 1978

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House Of Commons

Tuesday 17th January 1978

The House met at half-past Two o'clock

Prayers

[Mr. SPEAKER in the Chair]

Private Business

Orkney Islands Council Bill (By Order)

Order for Second Reading read.

To be read a Second time upon Tuesday next.

Oral Answers To Questions

Education And Science

School Meals

1.

asked the Secretary of State for Education and Science what is her latest estimate of the income from school meal charges in 1977–78 after allowing for free meals and the administrative costs of collection and how this compares with the figure for 1976–77.

The income in cash terms for 1977–78 is estimated at £163 million, compared with £130 million in 1976–77.

Does my hon. Friend agree that that very small saving hardly justifies the hardship which the price increase has imposed on family budgets and the deprivation which it has caused to the many children who have been forced to give up school meals? In view of that, will she give the House an assurance that the Government have no intention of introducing further increases in the price of school meals, that, indeed, they will recognise the value of school meals in bringing direct help to children in the greatest need, and that they will work towards the elimination of charges?

I cannot give my hon. Friend the last assurance for which he asked, because it is the Government's policy to work towards the reduction of the subsidy on school meals. However, I can certainly give him an assurance that we recognise the value of the school meals system and intend to sustain it. The talk in the newspapers about further increases was purely speculative, based on the fact that it is known that it is the Government's policy to reduce the subsidy. I can assure my hon. Friend that no such decision has been taken.

Does my hon. Friend agree that it is alarming that the cost of school meals should have been going up when the level of family support has been going down? Will she please convey to her right hon. Friend that we on the Labour Benches would consider it an outrage if there were to be a further increase in school meal charges offsetting any improvements that might be made in the level of family support through child benefits?

I have already told my hon. Friend the Member for Gravesend (Mr. Ovenden) that it is not our intention to increase the charge as has been suggested. We in fact made substantial improvements in the remission terms for school meals when we were forced to increase the charge, and it will always be our hope to protect the worst-off from the effects of such an increase.

Does my hon. Friend remember that the last time school meal prices were increased, from 15p to 25p, there was a fall-off of about 20 per cent. in the number of children taking school meals? If there is a further increase, this school welfare service, which has been built up over two generations, could well be destroyed. Will she accept from me that the introduction of a larger contingent qualifying for free meals is no answer, because the fact that children are poorer is revealed through their taking free meals, and many children simply will not have free meals in that way?

Immediately after an increase in the charge for school meals the number of children taking the meals always falls off, but as time elapses it normally rises again to the previous number. On this occasion there has been a substantial increase in the number actually taking free meals. My hon. Friend will know that we are most anxious to see that no system exists which stigmatises or singles out children, but I cannot accept that in the present circumstances that is a reason for not giving help to such children.

Village Schools

2.

asked the Secretary of State for Education and Science what is her policy concerning the closure of village schools; and if she will make a statement.

My general policy on school closures, which was set out in my Department's Circular 5 /77—"Falling Numbers and School Closures"—is to approve proposals to cease to maintain under-used schools where there are educational and financial benefits in doing so.

When the school population is falling rapidly, it is inevitable that some schools must close.

Is the Minister aware that there is widespread concern about and opposition to the proposals to close village schools in the Moorlands area of my constituency, particularly in Bradnop and Wetton? What does she intend to do about this?

The hon. Gentleman will know that these proposals were made by his local authority and were put to the Department in 1976, when, after a full inquiry and full considerations of objections, they were approved. It was expected then that most of the closures would take place in 1979, but the hon. Gentleman's authority decided that for these two schools the date could be brought forward to September 1978 on educational grounds.

Does the Secretary of State agree that as 500 village schools have closed over the past 10 years there is a danger that the village school will become as extinct as the dodo? Will the Secretary of State use her powers under Section 13 of the 1944 Act, therefore, to preserve as many good village schools as possible, as they have social and educational advantages and the economic advantages of closure are often exaggerated?

We always consider Section 13 proposals very carefully. We consider all objections, and in a number of cases in the past year we have disagreed with a local authority and kept village schools open. But, in the face of a decline of 1·2 million children by 1985 in the primary sector alone, it is clear that some schools will become educationally unviable, and it would be irresponsible to keep a school open when it could not offer children reasonable education opportunities.

Does the Secretary of State accept that if there were any truth in the idea that small village schools in rural areas are inefficient the cost of educating a primary school child in Cornwall, which has a higher proportion of old, small, village schools than any other English county, would be higher than elsewhere? Does she recognise that it is exactly the other way round, and that the cost of educating a primary school child in Cornwall is substantially lower than in any other county in England?

I am impressed to know that about Cornwall, where there may be a number of factors at work apart from the one mentioned by the hon. Gentleman. I think he will agree that that is not the universal situation, and that there are some areas where the village schools are extremely expensive. Nevertheless, we always suggest that educational as well as financial considerations should be taken into account. The hon. Gentleman will recognise that if children between the ages of, say, 7 and 11 are in classes of only two or three children there may be educational grounds for giving them wider opportunities.

Young Persons

3.

asked the Secretary of State for Education and Science whether she will bring forward legislation to seek to improve services for young people in the community.

My right hon. Friend has no immediate plans to legislate on this matter.

Is it not apparent that with the present number of unemployed young people more services are required? Does not experience teach us that without legislation local authorities will not make the necessary allocation within their education budgets?

Much of this is a matter for my right hon. Friend the Secretary of State for Employment, but I can say that at the present stage legislation is not the answer. Local authorities have powers which they can use without the need for legislation.

Does my hon. Friend accept that some of the best services in many communities are in the schools themselves and that many young people are denied opportunities to use those services, particularly during holiday periods? Notwithstanding the difficulties of supervision, is my hon. Friend satisfied with the efforts being made to make schools and their services more available to young people during holiday periods?

I am never satisfied. We keep pressing local authorities about community use of school buildings, playing fields, and so on, and we shall continue to do so.

Polytechnics

4.

asked the Secretary of State for Education and Science whether she is satisfied that the polytechnics are fulfilling the functions for which they were created; and if she will make a statement.

The polytechnics have, in their relatively short existence, made excellent progress in establishing themselves as comprehensive academic institutions catering for students in all types of higher education. I expect them to make the major contribution towards the expansion of about 39 per cent. envisaged for higher education other than teacher training in the non-university sector by 1981–82.

Is it not true that, far from being comprehensive institutions of higher education, the polytechnics are increasingly concentrating on full-time degree courses to the exclusion of part-time and day-release students? Now that we are moving towards a comprehensive secondary system of education, is it not time that we did something about the chaotic state of higher education and moved to a genuinely comprehensive system at 18-plus?

With regard to the first part of my hon. Friend's supplementary question, I think he will be pleased to know that the number of part-time courses in the polytechnics increased by 41 per cent. between 1971 and 1976. Although the number has not increased proportionately, this is largely because of a very rapid expansion in sandwich courses which many hon. Members believe to be a good form of higher education.

Turning to the second part of my hon. Friend's supplementary question, we are considering the whole question of the public sector's inter-relationship in the Committee chaired by my hon. Friend the Minister of State. The House will have an opportunity to consider that when the report is available later this year.

Is it not vital to get the polytechnics to do more to increase their share of part-time education? Is the Minister satisfied that enough is being done in her Department to that end?

Yes. A great deal of attention is being given to the whole question of keeping open part-time routes to qualifications. This is one of the matters which both the Technician Education Council and the Business Education Council are carefully considering.

The hon. Gentleman will be aware that it is also necessary to carry the professional institutions with us. I have often said that we think that the part-time course is an essential channel for many students.

Liverpool Schools

5.

asked the Secretary of State for Education and Science whether the Paddington Comprehensive School, Liverpool is to be linked with the Liverpool Institute Boys' and Girls' School under a reorganisation plan covering Liverpool inner city area schools; and whether she will make a statement.

I understand that the Liverpool Education Authority is at present considering schemes for the reorganisation of Liverpool Institute Boys' and Girls' schools, but no formal proposals have yet been submitted.

I thank the Minister for that answer. I am sure that she appreciates that these schools are in a highly socially deprived area. Is she prepared to hear representations and to meet local people who have a direct interest in the problem that she now faces?

Yes, Sir. I am always prepared to receive such deputations. There is a procedure under the Act whereby people are able to make their views known, particularly in opposition to proposals that are put forward. We are always anxious to get the fullest possible information about such views.

Engineering Students (Jubilee Scholarships)

6.

asked the Secretary of State for Education and Science when she expects to introduce the Jubilee scholarship scheme for students on special high-level engineering courses.

These scholarships will be awarded to young people attending a variety of engineering courses. I expect the first scholarships to be awarded for the academic year 1978–79. Details of the scheme will be worked out by a small committee which my right hon. Friend is setting up.

Why has there been such a long delay in implementing this scheme? What proportion of these scholarships will be financed by industry, and how much money will be involved?

I am surprised that the hon. Gentleman thinks that a long time has elapsed. The meetings with industry were held only in the late summer and autumn of last year and already the contributions coming in from industry are quite satisfactory. It is hoped that the courses will be in being this autumn. I do not think that something set up and put into operation within 12 months is bad going, particularly as the Opposition did nothing about it in three and a half years.

Surely the Minister is aware that I raised this matter with him last January and he promised to announce these scholarships at Easter last year? Is not the time getting perilously short for these things to have an impact on next year's school leavers? Will the Minister make quite clear that what he is saying is that the scholarships will not be tenable just in respect of the new four-year elite courses which are now being offered?

I am glad that the hon. Gentleman made that point. These scholarships will be tenable not only on those courses; they will be available for a wide range of engineering courses. I do not see any difficulty for the committee, which will be composed largely of industrialists, in attracting funds for the scheme and disseminating opinions on it to enable it to get going by this autumn.

School Governors (Appointment)

7.

asked the Secretary of State for Education and Science if she remains satisfied with the method by which county councillors have a dominant role in the appointment of school governors within their wards.

Current practice varies a great deal betwen one local education authority and another, but the Taylor Committee has recently made recommendations about the composition and method of apointment of school governing bodies on which my right hon. and learned friend the Secretary of State for Wales and I are at present consulting widely. I refer the hon. Gentleman to what I said on this subject during the debate on the Address.

Is the Secretary of State aware that, following last May's county council elections, there is evidence of some newly elected county councillors disposing of existing school governors, against the wishes of headmasters and the local community, for purely party political reasons? Will she bear that evidence in mind when she considers the Taylor Report?

I am well aware that that has happened on some occasions. The Government have already indicated their support for a larger parental and teacher representation on governing bodies, although we still have to give our detailed recommendations on the Taylor Report.

What action will my right hon. Friend take to stop authorities such as Kent taking account of political considerations when deciding on the suitability of parent governors?

I have said on more than one occasion that I think that local education authorities should consider very seriously the contribution that governors can make, and that this should be regarded as the overwhelming consideration in making appointments. But the House will know that changes cannot be made in the present circumstances of local authority appointment until there is legislation about a different composition of governing bodies.

I am glad to hear that the Secretary of State is consulting the Taylor Report. Do not these exchanges show that it is about time the House had an opportunity to debate it? Will the right hon. Lady press her right hon. Friend the Leader of the House to provide time for us to discuss it?

I shall be happy for representations to be made to my right hon. Friend the Leader of the House to that effect.

Music Colleges

8.

asked the Secretary of State for Education and Science if, following the publication of the Gulbenkian Foundation report, she will make a statement on the future of music colleges.

20.

asked the Secretary of State for Education and Science if she will make a statement on the recent report made to her by the Calouste Gulbenkian Foundation on the training of professional musicians.

The report is the result of an independent inquiry sponsored by the Gulbenkian Foundation and, while there is no commitment on my right hon. Friend to adopt any of its recommendations, it is being carefully studied by my Department, and my right hon. Friend has undertaken to write to the chairman of the inquiry about matters which are her direct concern.

As Britain is one of the capitals of the music world, and as we ought to concentrate on the things that we do well, will the Government con tinue to give careful thought to this well-reasoned and well-argued report, which highlights the extraordinary situation of music colleges in this country? In particular, will they give urgent attention to the question of payments to professors of music, who are paid scandalously low salaries compared with other teachers in higher education, to the question whether music students should have mandatory grants, and to the main theme of the report, that there should be better and more intensive training for a smaller number of music students?

I agree with the hon. Gentleman that this is an excellent report, which merits careful consideration by my Department. I agree, too, that Britain is a music capital of the world. This has been a neglected area of education in this country for many years.

On the specific point about the pay of lecturers and professors at the colleges, I recognise that they are at a disadvantage compared with similar staff at other furher education establishments. That point can be examined in the light of the report.

I shall also consider the matter of mandatory grants, but I think that it would require legislation.

What view does the Minister take of the recommendations in the report about the future of the music colleges in London and the question whether they should become part of the colleges of London University? Secondly, can the Government take any action to help over the desperate lack of accommodation which faces some of the students of music at the London colleges?

All I can say is that the proposal that the London music colleges should be funded in future through incorporation with London University or by a local education authority raises complex issues, which are being studied in my Department. The colleges are at present aided by direct grant from my Department, but are independent institutions.

Does the Minister recognise that the vitality of our music colleges is fundamentally dependent upon the effectiveness and comprehensiveness of musical education in our schools, that at present, in all too many schools the teaching of music is, to say the least, perfunctory, and that the ability of the schools to offer music education is being throttled by the cuts imposed on education? Those cuts make it impossible for schools to employ an adequate number of professionally equipped music teachers.

In my opinion, and in the opinion of many, there has been a considerable improvement in music education in our schools in recent years. It is vital that that improvement should continue. I admit that there has been a rather persistent shortage of music teachers, but the last survey of 1976 reveals that although there is still a shortage of graduate teachers there is a slight surplus of certificated teachers.

Is the Minister aware that the Purcell Music School, in my constituency, which provides a very useful service not only to Harrow but to the whole area around, has considerable financial difficulties and looks to the Gulbekian report with considerable hope? Will he indicate when his right hon. Friend the Secretary of State for Education and Science may come to some decision on what can be done to help schools such as the Purcell Music School?

I cannot give any indication of time, but we are losing no time in looking at this report. The Purcell Music School, in Harrow, is, of course, an excellent school.

What action do the Government propose to take to implement the central recommendation of the report, namely, that these music colleges should concentrate more on the training of performers and of instrumental teachers than on academics? Does the Minister of State agree that it is more important to be able to play an instrument—the harp, for example—than to write a thesis on it?

I should not be as exclusive as the hon. Gentleman. It is important to advance academic knowledege of music and, in particular, teacher training in music subjects. However, I admit that, as the hon. Gentleman said, in a country that is a music capital of the world, we must look at the question of grants for students who are performers as distinct from teachers or academics.

Gifted Children

9.

asked the Secretary of State for Education and Science if she has issued any recent guidelines to local authorities concerning the integration of gifted children and other minority groups into the comprehensive schools; and what minimum size of school is required to make this educationally and economically feasible.

No, Sir. All comprehensive schools contain children with a wide range of abilities and needs, and the minimum viable size for a school will vary with local circumstances.

Is the Under-Secretary aware that both parents and teachers feel that the large comprehensive school may not be able to cope adequately with gifted and other children in minority groups? Does she not feel that each local education authority should have a special adviser on gifted children and other minority groups, so that not only can they be identified at an early age, but that adequate education provision may be made for them?

I understand that many parents and teachers feel that schools of all types have always had difficulty in both identifying and helping truly gifted children. Indeed, I understand that in a comprehensive school, whether large or small, which, of its nature, is devoted to nurturing the talents of the individual child, there is far more chance that such a child will be helped than in a school which relies, for example, on rather old-fashioned methods, such as rigid setting, which do not help such children. The question of special advisers is for the local authorities involved, but I know that many have advisers considering these aspects of the matter.

I commiserate with my hon. Friend in her having to answer such a loaded anti-comprehensive question from the Conservative Party, which recently espoused the cause of comprehensive education. Is it not a fact that there are splendid large and small comprehensive schools and that this matter is largely an irrelevancy? Is it not also a fact that the integration of all children in those schools is going on at an accelerated rate and that gifted children have far greater opportunities, due to the increases in staff, than ever they did, for instance, in the elitist chosen grammar schools?

I am most grateful to my hon. Friend for both his sympathy and his assistance. He is, of course, quite correct. There are many superb comprehensive schools of varying sizes. Indeed, that message emerged most clearly from the conference recently held at York University to discuss successful patterns of education in comprehensive schools. I certainly agree with my hon. Friend's remarks on greater opportunities for children in those schools.

May I attract the Minister away from the rotter of the Lower Fourth to the rather more serious problem of the tyranny of the age range for gifted children who are forced to stay with their chronological age group rather than being able to move up? Has the Department any views on mixed ability teaching and the very gifted?

If I may answer the last part of the hon. Gentleman's question first, I think it is generally accepted that the really gifted and exceptional child is often best helped on an individual basis, or perhaps with another small group of similar gifted children. Therefore, the question of mixed ability teaching does not particularly arise. There are difficulties in any kind of group which is composed of children of high academic ability, in the sense of the average spread of ability. The question of age range is undoubtedly a difficult one, and one of the reasons why people seek to deal with such children on an individual basis is the question whether they may suffer socially, as individuals, from being removed from their age groups as opposed to the benefit they may gain academically. It is the policy of schools and of Her Majesty's Inspectorate to try to deal with such children as individual cases.

Discipline

10.

asked the Secretary of State for Education and Science what steps she is taking to encourage improved standards of discipline in schools.

I am concerned to promote good standards of behaviour in schools, as I am sure both teachers and local education authorities are also. Her Majesty's Inspectorate has recently been engaged in a survey of a number of schools which are considered to have been particularly successful in dealing with problems of truancy and indiscipline, and I hope that, on the basis of this, it will be possible to publish advice on good practice.

Why do the Government pay comparatively little attention to the problem of discipline in schools? Does the Secretary of State appreciate that in the London borough of Bexley we wish that rather less Government attention was paid to the structure of our education system and rather more interest was taken in the general problems of discipline in schools throughout the country?

One of the three sessions at the conference on comprehensive education at York was given up to the whole question of pastoral care and discipline, and from that many good suggestions came. I say strongly to the hon. Gentleman that it is not possible to divorce the question of discipline, first, from the relationship between schools and parents, with which the Taylor Committee, for one, concerned itself, and, second, from the commercial pressures on children, which are now extremely strong and to which the Responsible Society referred only yesterday in one of its reports.

Does my right hon. Friend agree that it is desirable that any framework of discipline in school should be obvious, fair and understood by all? Does she agree that one of the difficulties of those who constantly ask questions on this subject is that they have experienced or know of discipline in selective schools, where it is easier to enforce because there is always the possibility of expulsion, which does not apply in most other schools in this country?

I agree with what my hon. Friend said, and I add two points. It has emerged more clearly that in cases where schools have good relationships with parents it is much easier to adopt a sensible system of discipline. Second, in the case of very difficult children, the separate units that give them intensive care with experienced teachers are already proving to be a much more effective method than some of the more lurid methods that are often peddled in the Sunday newspapers and elsewhere.

Does the Secretary of State agree that one cannot divorce discipline from moral and religious education in schools? Will she take this opportunity to deny the report in the Daily Telegraph which said that the Government intend to introduce legislation to alter the religious education provisions in the 1944 Act?

On the first part of his question, I do not disagree with the hon. Gentleman, but I think that it would be wiser if he did not use such phrases as "trench warfare", which seem to be sensationalising the situation of a small minority of pupils. [Interruption.] I am sorry; it did not come across like that. The hon. Gentleman will therefore be free to say that if he was given misleading reports from the Press, so was I. If he reads Hansard, he will find that I answered a Written Question precisely on this issue last Friday.

Higher Education (Report)

11.

asked the Secretary of State for Education and Science when she expects to receive the report of the committee considering the management of public sector higher education under the chairmanship of the Minister of State.

So far as it lies within the Minister's authority, will he try to ensure that consideration of the report by the House, mentioned by his right hon. Friend in answer to Question No. 4, will include consideration of it on the Floor? Does he appreciate that many of us, while sympathetic to what he is trying to do, will want to look critically at the recommendations of the report in so far as they affect the effective involvement of local education authorities, particularly in the polytechnics?

The first part of the hon. Gentleman's question is really a matter for my right hon. Friend the Leader of the House but I have no doubt that his representations will be taken into account. With regard to other matters likely to be contained in the report, the committee decided that its deliberations would be confidential until the issue of the report. Therefore, I am in some difficulty in answering the hon. Gentleman's second point.

Since the Minister of State is the chairman of this committee, does it mean that he is obliged to accept its report? Second, in considering the way to proceed, will he bear in mind that both the central institutions in Scotland and the voluntary colleges in England provide a model for a direct Exchequer grant institution still tied in locally and serving local requirements?

The report, when it comes, will, I hope, be unanimous. It will be a report of the working group.

On the hon. Gentleman's second point, I have the problem to which I referred a moment ago. In the course of final negotiations, it is difficult to answer questions in the House about precisely what we are doing.

Independent Schools (Assisted Pupils)

12.

asked the Secretary of State for Education and Science how many local authorities have applied to continue their assistance to pupils at independent schools.

Does the hon. Lady agree that, short of Draconian powers—to which she is not likely to agree—the independent schools will not go away, and, therefore any scheme that can be devised to encourage exchange between the two systems would be desirable?

No, Sir. In our view, the duty of local authorities is to provide suitable places in maintained schools for the children in their areas, and there should be no need to take up places in other establishments.

Will my hon. Friend accept the warm appreciation of the people of Cambridgeshire for her firm decision to revoke the arrangement whereby ratepayers' money was used to fund children at Kimbolton, Stamford and The Perse independent schools? Will she assure the House that, if there is any prevarication by Cambridgeshire County Council, she will not hesitate to use other legal powers to ensure that such a blatant misuse of public resources is not continued?

I thank my hon. Friend for his kind remarks. We have communicated our decision to Cambridgeshire County Council, and it has made representations to us, which we are considering. However, I can tell my hon. Friend that under the 1976 Act the authority has a duty to cease taking up such places, since my Department has now forbidden it.

Can the Minister explain why, only a few days before examinations were to take place, her right hon. Friend suddenly and arbitrarily made a decision that affected nearly 70 children in the Cambridge area? Is that the way to engage the support of local authorities in the progress of education in the county?

I cannot understand why the hon. Gentleman thinks the decision was either sudden or arbitrary, since it was authorised by Parliament in the 1976 Education Act. Authorities have known ever since that they might lose those powers. Indeed, in last October's Cambridgeshire County Council guide to parents on secondary education it was pointed out that my Department might refuse permission to take up such places.

Comprehensive Schools (Sixth Forms)

13.

asked the Secretary of State for Education and Science if, in pursuance of her policy of secondary reorganisation, she is satisfied with the rate of development of sixth forms in comprehensive schools.

Yes, where numbers of sixth forms are concerned. Twenty years ago only one secondary school in five had a sixth form. Today, the proportion is one in two. However, I am less satisfied with numbers in sixth forms and staying-on rates. I am concerned that very small sixth forms—and 40 per cent. of sixth forms in comprehensive schools contain fewer than 50 pupils—may not be able to offer an acceptable choice of courses and subjects.

Does my right hon. Friend agree that, in order to establish a sixth form in a comprehensive school it is necessary to retain brighter pupils? Is she aware that at comprehensive schools such as Speke, in my constituency, for instance, parental choice is making that difficult, if not impossible? Does she now think that it is time to look at the matter in the interests of the pupils rather than of the parents, who are inclined to snobbery about education?

We try to do so, and have recommended either that schools should work together to offer a sufficiently wide range of sixth form courses or that authorities should consider the possibility of sixth form colleges and tertiary colleges where the alternative is a very small sixth form. We have received no proposals along these lines from Liverpool, but we shall certainly look forward to doing so.

Where there is a comprehensive school in a rural area, with a school population of about 1,000, which is rising, does the right hon. Lady not think that it should have a sixth form to make it a whole school rather than a half-school?

At every stage in this matter, we must bear in mind whether boys and girls will stay at school, if, because of transport difficulties, there is no sixth form. However, a sixth form of 70-plus is roughly the minimum for offering a viable range of courses, so that in rural areas part of the answer lies in closer links between schools and further education colleges.

Does my hon. Friend accept that in some rural areas it is virtually impossible to share pupils at sixth-form level and that it is highly desirable that we have firm guidance on the development of 16–19 education, preferably indicating a sixth-form college or, even better, a tertiary college solution where that is practicable?

On this extremely difficult issue I said that we hope that authorities will consider one of the three possibilities that I have outlined. It is essential that authorities bear in mind the need to offer a viable range of courses and do not skim the rest of a school by having all the teachers taken into small sixth forms.

Is the Secretary of State aware that, although we believe, with her, that the sixth-form college system may be a very good one in some areas, we expect her to uphold the comprehensive principle in the discussions she has with local authorities about small areas within which there may be a school with a sixth form and a school without a sixth form? Is she aware that in that situation we run the risk of bringing back the secondary modern school, in which case the staying-on rate may be affected in the school in which there is no sixth form?

I hope that the hon. Gentleman does not misunderstand me. I do not believe that mixed 11–16 and 11–18 schools are a good answer to this problem. In such areas I think that either a consortium of sixth forms or a sixth form college is much more appropriate.

Teacher Training Colleges (Closures)

14.

asked the Secretary of State for Education and Science if, in the light of the strongly held views in the Rotherham, Doncaster and Barnsley educational areas that her policies of closing down teacher training colleges will gravely affect the supply of teachers over the next 10 years, she will now re-examine the decisions that have been taken in closing down these teacher training colleges.

No, Sir. My right hon. Friend is aware of local feeling but she is not prepared to renew past uncertainties within the national system by reviewing final decisions taken only after careful consideration of all the representations received. South Yorkshire will still be served by 1,000 teacher training places in 1981 provided for the Sheffield City Polytechnic as enlarged by amalgamation with the Lady Mabel College, Rotherham: she has taken no decision to end initial training at Rotherham.

Does my hon. Friend realise that we shall never accept that decision? We shall be definitely opposed to it. Although we are grateful that Wentworth Castle teacher training college is now to become the Ruskin of the North, may I ask my hon. Friend whether he is aware that in the Doncaster, Barn- sley and Rotherham education area there is no teacher training college? How does he expect us to attract people to that area? Finally, is he aware that we are disappointed that he will not reconsider what has been decided?

I am well aware of the doughty fight that has been conducted, not only by my hon. Friend but also by my hon. Friends the Members for Doncaster (Mr. Walker) and Don Valley (Mr. Kelley), who were the first to lead a powerful delegation to see me. Many other areas sent similar delegations. The Yorkshire and Humberside region as a whole will still have more teacher training places in 1981–5,340—than would have been produced by a strict allocation in proportion to its estimated school population of 4,890. I cannot, therefore, give my hon. Friend the assurance that we shall reconsider this matter.

Does my hon. Friend agree that it is of vital importance to retain the valuable premises and equipment of all training colleges within the State system of higher education and not to be tempted to hive them off to various specialised interests, as apparently is being done at Culham?

It is our policy to persuade local education authorities to use these disused premises for education purposes where possible, but the premises are theirs. A good example of that, to which my hon. Friend the Member for Dearne Valley (Mr. Wainwright) referred, is Wentworth Castle, which will be an excellent institution in that area. I do not agree with my hon. Friend the Member for Sheffield, Heeley (Mr. Hooley) with regard to Culham. We are considering proposals for using the building at Culham for school purposes.

Comprehensive Education

15.

asked the Secretary of State for Education and Science if she will make a statement about the Government's most recent conference on comprehensive education.

I hope to publish in the spring a full report of the conference in York on 16th and 17th December. All of us there—local authority officers, Her Majesty's inspectors, officials from my Department, and Ministers—learned much from experienced teachers in comprehensive schools from a variety of areas about methods and approaches that have been particularly successful. Observers from abroad were also present, as was the Press, which attended the plenary sessions.

Does the Secretary of State agree that it is fair to say that the two major problems arising at that conference were the prospect of falling school rolls and the difficulties of mixed ability teaching? There may be some remedies that would alleviate those problems, such as more in-service training, but does she none the less accept that there is still a need for a wide-ranging inquiry into the whole future of comprehensive education to achieve agreed and lasting solutions?

Undoubtedly falling school rolls emerged as a serious problem. That cannot be denied. There were differing views about the question of mixed ability versus other forms of teaching and there was a united view against selection out of comprehensive schools at later stages of secondary education.

Will the Secretary of State clarify her views on the size of school, since she first supported large comprehensive schools, then she was against them, and at the conference she went back in favour of them again?

No, that is not quite right. I never favoured very large comprehensive schools. What I said at the conference was that in the light of experience it was not the case that large comprehensive schools show a higher rate of failure than do any other types of school. We must take that into account.

Prime Minister (Engagements)

Q1.

asked the Prime Minister if he will list his official engagements for 17th January.

In addition to my duties in this House, I shall be holding meetings with ministerial colleagues and others.

No doubt the Prime Minister will be devoting more thought to the steel situation. Does he agree that the refusal of his right hon. Friend the Secretary of State for Industry to supply all the available information to the Select Committee was not in accord with the Prime Minister's policy speech, made on 6th April 1976, when he talked about trusting the people?

I heard the exchanges in the House yesterday and I thought that my right hon. Friend put his point very fairly. He has offered to go back to the Select Committee and answer such questions as it may wish to put to him. That appears to be a perfectly proper thing to do.

Will my right hon. Friend, on a very busy day, spare a thought for the massive sums of money that the Government are doling out to private industry—almost £11 million per day—and arrange for the House to have an early debate to show how, without public enterprise and public support, the capitalist system in Britain would have collapsed long ago?

I think that it is pretty generally accepted, except when party passions are roused, that a mixed economy demands public support for private industry and that there is a growing number of areas in which, unless Government support is given and Government initiative is taken, the nation State is incapable of doing certain things that used to be done in the nineteenth century. I can think of a number of illustrations of that sort. It is important that we should look at the issue along those lines.

Will the Prime Minister reconsider his attitude towards the steel industry? Is it not scandalous that that industry should be losing £520 million a year and that action which needs to be taken is being deferred because so many steel mills are situated in marginal Labour seats?

It is, of course, true that the steel industry is losing a very large sum of money every year. So, indeed, are the steel companies in almost any country that the hon. Gentleman may care to enumerate—France, Italy, Belgium, Luxembourg, and the United States. All of these are countries in which substantial losses are being made. It is interesting to note, and this should be put down to the credit of the British Steel Corporation, that according to the figures that I have been given, the loss per ton of the British Steel Corporation is lower than the loss per ton in some of the steel industries in those other countries.

That is important, because it shows that in the midst of a world depression it is not inefficiency on the part of the British Steel Corporation that has led to these figures. I ask members of the Opposition: what is it they are striving to do with the steel industry? Do they want to destroy it?

Gwynedd

Q2.

Is the Prime Minister aware that the people of Gwynedd are extremely disappointed that, after four years, the Labour Government have failed to come forward with any proposals to help quarry workers who are suffering from silicosis? Since the Pearson Commission has now finished its report, can the Prime Minister give an assurance that the Labour Government will act to help these people who have so far been left out in the cold?

I shall certainly look into this matter again. I can give some assurances. The Welsh National School of Medicine and the Gwynedd Health Authority have just finished their researches into it. Although their final report has not been published, I have been told that in the course of the survey 69 men who are sufferers were advised that they could make a claim to the Department of Health and Social Security for industrial injuries benefit for pneumoconiosis. Thirty did so, and 28, I am glad to say, were successful. My right hon. Friend the Secretary of State for Social Services will study the final report, and I assure the hon. Gentleman that if there are others who can be included after he has studied it, they will be so advised.

Will my right hon. Friend look at the reply given by the Secretary of State for Wales yesterday that he had received only two letters supporting the establishment of a Welsh Assembly? When he makes his regular visit to Wales, will he describe the tremendous financial recovery that, with the Government's efforts, has been made in our country in recent years, and outline proposals to deal with unemployment, which is the main issue concerning Welsh people today?

I accept that, but the Wales Bill to set up an Assembly will be debated in the House and I think it important that we should have those discussions at that time. Certainly, I find in Wales a considerable understanding of the need for the mixed economy and of the need for considerable Government intervention in order to secure lower levels of unemployment.

When the Prime Minister is next fortunate enough to visit the de-delightful land of Gwynedd, will he visit Caergybi or Holyhead and, in consultation with his right hon. Friend the Member for Anglesey (Mr. Hughes), assist the creation of a sea link between Anglesey and Northern Ireland, to the mutual benefit of the workers in both parts of the kingdom?

I shall consider the right hon. Gentleman's important and interesting suggestion. I should certainly need to take into account the views of my right hon. Friend the Member for Anglesey (Mr. Hughes), whose father-in-law was a sea captain who used to operate on this route.

Secretary Of State For Energy (Speech)

Q3.

asked the Prime Minister if the public speech by the Secretary of State for Energy to the annual dinner of the Labour Economic, Finance and Taxation Association in London on 12th December on the future programme of the Government represents Government policy.

My right hon. Friend's speech was not concerned with current issues of Government policy.

Does the Prime Minister realise that his failure to dissociate himself in any way from the Secretary of State's very Left-wing speech on that occasion has ensured that at the next General Election the decisive issue will be whether the Secretary of State and those who think like him can be entrusted with the oil revenues of this country?

I suggest that the hon. Gentleman concerns himself more with our present economic recovery than with the phantasmagorial notions that he has about a forthcoming General Election.

Has the Prime Minister seen the full-page article that appeared in Sunday's Observer, based on the work of the Cambridge Department of Applied Economics, which showed that the effect of most new investment is to reduce employment and that unless the Government adopt radical, social and economic policies we shall face staggering unemployment in the early 1980s?

I did not see that article, but it would not be foreign to the thinking that I find is prevalent on this matter, that, especially in large-scale organisations, rationalisation and new investment frequently lead to a reduction in jobs. That is one reason why my right hon. Friend the Chancellor of the Duchy of Lancaster is now engaged quite successfully in work on encouraging the growth of small firms that can provide additional employment.

But is the Prime Minister aware that in that speech his right hon. Friend referred to the dole queues being back again under the present Government? How does the Prime Minister account for the fact that unemployment is now worse in Britain than in the countries of all our main industrial competitors?

I should want to check the right hon. Lady's figures before answering. However, that does not remove the point that unemployment in this country is far too high, and far higher than I ever expected or wanted to see it. That is why we have taken a large number of measures—such as the temporary employment subsidy—the total impact of which, I am told, has been to safeguard over 600,000 jobs during the period in which they have been operating. We must continue to take measures of this sort and to stimulate the recovery that is now beginning s was shown in the December retail figures. But with all these it will be very difficult indeed to achieve a substantial reduction.

Is the Prime Minister aware that he will find the figures, from his own Department of Employment, at the end of Hansard for 11th January? Will he now answer the question why, as a result of some of his policies, unemployment is worse in Great Britain than in our industrial competitor countries?

I shall check the figures, as the right hon. Lady has now given her source. I can say that manufacturing employment is better this year. There is a 1·6 per cent. increase in the number of people employed in manufacturing industry compared with a year ago. That is in itself encouraging. Indeed, total employment is up slightly. The number of people who have come on to the register has increased the number of unemployed, but let us not neglect the fact that more jobs are being created.

In relation to oil revenues, will my right hon. Friend ignore the advice from the Opposition Benches that there should be wholesale tax reductions, particularly for the higher income groups, and concern himself and the Government with the regeneration of British industry and the development of public expenditure, to ensure that we get our people back to work?

The Government are considering their policy on these matters and will publish a statement in due course. I have no doubt that a combination of such measures is needed. One that my hon. Friend did not mention, but with which I am sure he would agree, is the need to provide out of the oil revenues for a replacement for oil as a source of energy when the oil runs out. This, too, must have a high priority in anything that we do.

With regard to Government policy in general, will the Prime Minister reply emphatically to the recent remarks of the Eire Prime Minister, telling him in no uncertain terms to take note of the utter determination of the Ulster people in no circumstances to be encompassed within an Irish Republic. and that if Britain should ever withdraw from Northern Ireland the Ulster people are resolutely determined to stand on their own?

This matter does not arise from, and is very far indeed from, the original Question. On important matters like this I would sooner have notice and be able to answer them properly. However, I can say, on this issue—men's and women's lives are affected, and therefore I wish to choose my words carefully—that there will be no departure from the Government's policy, which I believe has received support on both sides of the House, that the people of Northern Ireland will remain in the United Kingdom as long as it is their desire to do so.

May I revert to the original Question? Can my right hon. Friend say how much better off this country is because my right hon. Friend the Secretary of State for Energy renegotiated the licences with the oil companies, and how much more revenue and royalties we have received as a consequence of those negotiations compared with the sell-out by the Conservatives?

I think it fair to say that in this matter the Labour Government proved a much better custodian of the national interest than did our predecessors, who were willing to give away the oil revenues not only to British companies but to overseas multinational companies.

I welcome the figures which the Prime Minister gave for increased employment in manufacturing. The House will be aware that this has made little dent on unemployment as a whole. What are the Prime Minister and his Government doing to improve employment in the service industries, which earn so much of our foreign currency?

The Chancellor of the Duchy of Lancaster will be considering this matter, too. Increasing employment in the service industries in the public services would require additional public expenditure, and we have been limited on this. We shall have to turn more and more to this area, because I do not believe that manufacturing industry, as such, will be able to provide the jobs that are necessary if we are to return to the levels of employment that I want to see.

Question Of Privilege

On a point of order, Mr. Speaker. May I draw your attention to today's issue of The Guardian, on the back page of which, in an article about yesterday's Private Notice Question on the British Steel Corporation, there appears a photograph of you, under which there is the caption:

"Mr. Speaker Thomas, helping Mr. Varley"
The whole House respects your impartiality, Mr. Speaker, and holds you in the highest esteem. I believe it quite wrong for the Press to imply that you have fallen from your usual high standards by favouring one side or the other. No one who was present yesterday or who read Hansard could possibly take that view.

There are a whole series of precedents, Mr. Speaker, whereby accusations of partiality on the part of the Speaker have been held to be a contempt of the House. I ask you, therefore, to consider whether this is a contempt of the House which should be referred to the Committee of Privileges.

Order. The House would be very disturbed if Mr. Speaker was partial. I shall give my ruling on this tomorrow.

Motorway Noise (Insulation)

3.32 p.m.

Order. If the hon. Gentleman will wait a moment until hon. Members leave the Chamber he will not waste his sweetness on the desert air.

I beg to move,

That leave be given to bring in a Bill to provide for changes in conditions of eligibility for compensation under the Land Compensation Act 1973 in connection with the occupants of dwellings adjacent to motorways affected by noise; to empower local authorities to provide additional assistance to such occupants; and for connected purposes.
The purpose of this proposed Bill is to provide a remedy for some of the more idiosyncratic results arising out of the choice of a fixed cut-off date contained in the original Land Compensation Act. Briefly, Clause 1(8) of the Land Compensation Act removes any assistance with insulation—

On a point of order, Mr. Deputy Speaker. I do not know whether it is the fault of the amplification system, but I for one am finding it impossible to hear the hon. Gentleman.

I agree with the hon. Gentleman. I appeal to hon. Members for silence, so that those who wish to hear the hon. Gentleman introduce his Bill may do so with ease. Perhaps it would be best if the hon. Gentleman began again. There is now peace.

I hope that I get 10 minutes from now.

The purpose of this proposed Bill is to provide a remedy for some of the more idiosyncratic results arising out of the choice of a fixed cut-off date contained in the original Land Compensation Act.

Briefly, Section 1(8) of the Land Compensation Act removes any assistance with insulation from those people who are affected by noise from motorways where those motorways have been opened on or before 17th October 1969.

The results of the arbitrary selection of that date are twofold. On the one hand, assistance with insulation is linked to the chance of the date of the opening of the motorway and not to the level of real need of inhabitants in the locality. On the other hand, it has the extraordinary effect of refusing help to those sections of the community which have been in need for the longest time.

I shall show how unfair this is by describing a specific example in the Walsall area, though I know that other similar examples exist elsewhere in the country. Sections of the M6 motorway north of junctions 9 and 10 were opened on 20th December 1968 and 15th September 1966 respectively. So, people affected by the opening of these two sections have not been eligible for insulation assistance because those dates are prior to October 1969. In fact, in the early years the level of noise in these areas was low. Why?—because the motorway was not then fully opened; it came to an end at these two junctions, which are located in the middle of a built-up area, so motorists were in the habit of avoiding the conurbation by turning off earlier and joining the A5 as a means of skirting the whole West Midlands conurbation.

Only with the completion of the system on 24th May 1972, when the Gravelly Hill interchange—more familiarly known as Spaghetti Junction—was opened did the volume build up. Unhappily, despite this latter date being within the qualifying period, my constituents and others in the locality have remained disqualified from any assistance.

It is hard for me to explain how bad the situation now is. A traffic survey carried out by the Walsall Metropolitan Borough Council on 4th May 1977, over the 18-hour period from 6 a.m. to 12 midnight, showed a traffic flow equivalent to 126,200 passenger car units. I ask right hon. and hon. Members to consider what this means. It means 7,000 vehicles an hour, 117 vehicles a minute, or two vehicles a second, passing within a few feet of these houses, on and on, night and day, 365 days a year. The effect on marriage, on social and family life, can be imagined.

The purpose of the proposed Bill is simple. It will not seek to alter the original qualifying date, since, quite apart from the philosophically and constitutionally unsatisfactory nature of retrospective legislation, such a change would only recreate at another date the idiosyncracies to which I have already referred. What the Bill will seek to do is to link eligibility for assistance with the amount of noise and the level or volume of traffic. Thus, under my proposal, when the level of noise rises above 68 decibels, or the volume of traffic exceeds 61,500 in an 18-hour period, local inhabitants will be eligible for assistance with insulation. The level of noise and of traffic flow have been selected because they correspond precisely with the Government's own figures contained in the Noise Insulation Regulations 1975.

The problem of motorway traffic noise has affected the inhabitants of the Walsall area for many years, and I wish briefly to pay tribute to the work done on the subject by two former Members of the House—Mr. William Wells, who formerly represented Walsall, North, and the late Sir Harry d'Avigdor-Goldsmid, who formerly represented Walsall, South. I hope that their work will now begin to bear fruit.

In conclusion, let me say that anything that the House can do will be only second best, for people do not want their houses turned into double-glazed, sound-proofed, barricaded fortresses. They want to live in their houses as homes. They want comfort, peace and quiet enjoyment of their homes and equally of their gardens. However, we cannot give them that. The motorway has been completed and there it will stay, with all its consequent noise and vibration. What this modest measure will do is something to improve the lot of those who must inevitably suffer from its effects.

Question put and agreed to.

Bill ordered to be brought in by Mr. Robin Hodgson, Mr. Reginald Eyre, Mr. Julius Silverman, Mr. John Stokes, Mr. Bruce George, Mr. Hal Miller, Mr. Geoff Edge, Mr. Anthony Steen, Mr. J. W. Rooker and Mr. Andrew MacKay.

Motorway Noise (Insulation)

Mr. Robin Hodgson accordingly presented a Bill to provide for changes in conditions of eligibility for compensation under the Land Compensation Act 1973 in connection with the occupants of dwellings adjacent to motorways affected by noise; to empower local authorities to provide additional assistance to such occupants; and for connected purposes; And the same was read the First time; and ordered to be read a Second time upon Friday, 21st April and to be printed. [Bill 45.]

Orders Of The Day

Scotland Bill

[9TH ALLOTTED DAY]

Considered in Committee [Progress, 11th January]

[Mr. OSCAR MURTON in the Chair]

Schedule 10

Matters Within Legislative Compe Tence Of Assembly, And Within Powers Of Scottish Executive

Amendment proposed [11th January], No. 521, in page 48, leave out lines 1 to 4.—[ Sir John Gilmour.]

Question again proposed.

I remind the Committee that with this we are taking Amendment No. 545, in page 48, line 3, leave out "Family planning. Abortion.".

3.40 p.m.

On a point of order, Mr. Murton. It is within the knowledge of some of us that there was a very important meeting this morning at which the Scottish representatives of the British Medical Association met my hon. Friend the Under-Secretary of State for Scotland at Dover House to discuss some of their disquiet directly related to this amendment. I wonder whether it would be for the convenience of the Committee if my hon. Friend were to make a statement on the discussions taking place with the BMA.

Further to that point of order, Mr. Murton. In fact, I have the Floor at present, as I was on my feet when the Committee adjourned last Wednesday night. I do not know whether it would be for the convenience of the Committee if I made my brief speech of not more than two or three minutes before the Under-Secretary of State replied. I am entirely in your hands, Mr. Murton, and the hands of the Committee.

On a point of order, Mr. Murton. I shall, naturally, be guided by you. I have a point of order to raise in general terms on the schedule that we are about to debate. If you would prefer to call the Minister first to deal with the matter raised by the hon. Member for West Lothian (Mr. Dalyell), of course that could be done.

I think it would be better if the right hon. Gentleman were to raise his point of order rather later in the proceedings.

I should like to do so immediately after my right hon. and learned Friend the Member for Huntingdonshire (Sir D. Renton) sits down.

You have just referred, Mr. Murton, to the fact that Amendment No. 521, which was taken last Wednesday with Amendment No. 545, is still selected. It is, indeed, on your notice of provisional selection of amendments. But I think that technically I should draw attention to the fact that Amendment No. 521 is strangely omitted from today's Order Paper. It should have been the first item.

It is in fact on the Order Paper but not on the Notice Paper. It is on the Order Paper itself, at page 3069.

I have just obtained my copy from the Vote Office, and it is not there. However, I am glad to be able to tell the Committee that the matter is of somewhat academic interest, because we had a debate of nearly three hours on the two amendments together on Wednesday night.

Although I personally was not satisfied with the replies with regard to Amendment No. 521, I have discussed the matter with my hon. Friend the Member for Fife, East (Sir J. Gilmour), who moved it, and we do not wish to prolong the matter or to ask the Committee to divide upon the amendment.

The position with regard to Amendment No. 545 is quite different. Although it is for my hon. Friend the Member for Edinburgh, West (Lord James Douglas-Hamilton) to decide, I must say that, speaking for myself, if he decides to press the matter to a Division he will have my support and, I hope, the support of hon. Members on both sides of the Committee who spoke in favour of his amendment the other night.

On a point of order, Mr. Murton. The sound today is very poor and we cannot hear what is being said. I think, in particular, that the journalists up there—there are very few of them—will find it extremely difficult to hear what is being said. I think that the sound should be in correct working order so that not only we in the House can hear but that the journalists—of whom there are very few—should be able to hear what is going on.

Are we not to have a response from the Under-Secretary to the suggestion made by the hon. Member for West Lothian (Mr. Dalyell)?

On a point of order, Mr. Murton. Many of us have refrained from rising because we wanted to know whether a statement was being made. It would be most helpful if we knew whether one is to be made.

Further to that point of order, Mr. Murton. If it helps the Committee for me to inform it about the meeting with the Scottish Committee of the BMA this morning I can assure hon. Gentlemen—[Interruption.]—I agree with my hon. Friend that it would be much better if I told the Committee—

Yes. I was agreeing that the sound is much better as well. The question of abortion was not raised. This morning I discussed with the British Medical Association a problem relating to the allocation of what is called "units of medical time" in relation to study and annual leave. The British Medical Association raised with me a concern relating to salaries and conditions of employment in a post-devolution situation. It did not raise—and I hope that the Committee will understand this—the question of abortion.

A point of order was raised earlier today by the right hon. Member for Brighton, Pavilion (Mr. Amery). I will take that first.

On a point of order, Mr. Murton. As I said earlier—not on the same topic but on a more general topic—the schedule which we are debating puts us in some difficulty because, as I understand it, it relates among other things to airports and to the devolving of powers now exercised by the Government to the Scottish Executive and. therefore, to the Scottish legislature.

I do not know whether, under the timetable motion, we shall be able to reach the amendment that has been selected but, even if it were reached, I do not quite see how it can be debated sensibly—and this is the point on which I seek your guidance, Mr. Murton—because the powers referred to in the schedule are those currently exercised under the 1971 Act. But the 1971 Act is in the process of being amended by the Civil Aviation Bill which was read a Second time yesterday and which has not yet gone into Committee. So we shall be debating, if at all, the devolving of powers in relation to airports without quite knowing what those powers will be because they were contained in the old 1971 Act which is in the process of being amended simultaneously with the proceeding of the Scotland Bill.

If the Civil Aviation Bill were accepted unamended, this, I understand, would have the effect of transferring international responsibilities of airports to the Scottish Executive and legislature—a major departure from the principle of the Scotland Bill as explained to us and difficult to reconcile with its Long Title.

How are we to proceed without making a farce of the debate, discussing how we would modify the 1971 Act in relation to Scotland, without knowing how the 1971 Act will be amended in Committee? The only possibility that I can see would be for the Government to drop any reference to airports in the present Bill and perhaps reintroduce it on Report.

I seek guidance on this matter. It seems that we are entering into the al- most impossible parliamentary situation of discussing how to amend one measure when that measure is simultaneously being amended in Committee without our knowing what the amendments will be.

There appears to be no direct conflict between the two Bills. We must proceed on the basis of what the Committee has to decide. A ruling was given yesterday that there was no conflict, and we should continue in this Committee to deal with this point in Schedule 10, if and when it is reached.

Further to that point of order, Mr. Murton. As I understand the Long Title, the principles explained to the House would exclude any transfer of the international responsibilities of central Government. Yet the Civil Aviation Bill would provide for such a transfer. Unless I have misunderstood the situation, there seems to be a fairly clear conflict between the Civil Aviation Bill, which was read a Second time yesterday, and the principles and Long Title of this Bill, in so far as they affect Schedule 10 of this Bill. I do not see how we proceed in these circumstances.

Would not it be better if the Government withdrew the references? Is not the only way of conforming to our existing procedures for the Government to withdraw all reference to airports and reintroduce them later, when the matter has been cleared up in the light of the Civil Aviation Bill?

I can assure the right hon. Gentleman that that is not excluded from the scope of the Bill. We should continue on the basis of what appears now in Schedule 10.

Further to that point of order, Mr. Murton. How do we debate what is, in effect, an amendment to the 1971 Act when it is already being amended by the 1978 Bill in another Committee? How is it possible for as to pass a judgment on amendments which are now in the process of being made without knowing what they are? How do we amend the 1971 Act in relation to Scotland without knowing how that Act is being amended?

In fact, the other measure has not yet been so amended. We must proceed in this Committee on the basis of what we have before us, and come to our own decisions in this matter.

I am glad to have this opportunity for a few minutes to support an Opposition amendment. It is not my wont to do so normally, but in this case I am glad to support Amendment No. 545, in the name of the hon. Member for Edinburgh, West (Lord James Douglas-Hamilton), which seeks to devolve certain National Health Service functions, such as family planning and abortion.

After a short debate last Wednesday night, my hon. Friend the Under-Secretary of State for Scotland—I hope that he will not mind my saying this—did not seem, in his winding-up speech, to be addressing himself to the criticisms that had been made.

This is a vital point. In case hon. Members on either side feel fearful about it, I say at once that I do not propose to argue the merits or demerits of the abortion issue. That is not necessary in this context. We are talking simply about the question whether it would be proper or beneficial for the two countries possibly to have different abortion policies.

It is my belief that we should have a common policy for the whole United Kingdom, not one policy for England and Wales and another for Scotland. There are many reasons for this. The most obvious was raised by my hon. Friend the Member for The Wrekin (Mr. Fowler) last Wednesday night. He pointed out that by devolving to the Scottish Assembly, policy making on abortion, thereby inviting the possibility that one of the countries would have a more liberal or more restrictive policy, one would create an abortion haven. That is precisely what one would do.

Until a year or two ago, there were many complaints that the abortion law in Britain was under some pressure because of the influx of foreign women who came here to take advantage of our abortion laws, which were more liberal than their own. Are we now to create a similar situation in our own island?

If we allow the Scottish Assembly to decide for itself on abortion, it may very well change the existing law, or we may do so, and then there will be two separate laws. We shall then be confronted with a ridiculous situation. If the Scottish law is better, women in England may go all the way to Scotland to have an abortion, and, vice versa, if the English law is better, Scottish women may come down across the border. There will be a constant toing and froing. This will add to the difficulties not only of women who have to decide whether to have an abortion but of the National Health Service staff in one of the countries.

If there is the existing law or a more liberal law in England and a worse law in Scotland National Health Service hospitals in the north of England may be faced with the possibility of prosecution if they perform operations on people from north of the border.

When a woman arrives for an abortion, how is the hospital to decide? Will it decide on the basis of her accent? My point is the same either way, whether the operation takes place in Glasgow or Edinburgh or in, say, Newcastle. Must the staff say "You have a Scottish accent. Where do you come from? When did you arrive? How long have you been resident?" That would be a ridiculous situation. The subject is much too sensitive to be dealt with piecemeal, as it would be if the proposals in Schedule 10 were accepted.

I am very surprised that the Government made this proposal. When the Minister replied last week, he talked about the differences between Scottish and English divorce law, but the two matters are not on all fours. One cannot relate the principles of abortion, and the possibility of different policies in the two countries, to the principles of divorce. It is the utmost common sense that we should maintain one policy on abortion and family planning for the whole United Kingdom.

I believe that this argument cuts across the feelings both of those who hold strong pro-abortion views and of those who hold strong anti-abortion views. It is not a matter of being for or against. I believe that it is simply a matter of common sense. I hope that the Government will accept the amendment, but if not I hope that the hon. Gentleman will press it to a Division and that we shall defeat the Government on this matter.

4.0 p.m.

I never expected that there would be an occasion when I found my-myself involved in a debate where there was a conjunction of devolution and abortion—two subjects that the House may know I approach with less than enthusiasm.

With that I am fully in accord. The irony that I have described is not the only irony of this debate. I do not suppose that there is any subject in which Members representing Scottish constituencies have involved themselves more than the subject of abortion. Let us examine its history. After all, in 1967 the whole question of abortion came to the House as a result of the Private Member's Bill introduced by the right hon. Member for Roxburgh, Selkirk and Peebles (Mr. Steel), who insisted at the time that there had to be a uniform law—a law that affected England and Wales as much as Scotland. This involvement of Scots Members in shaping and determining the abortion laws of this country, of the whole kingdom, is a tradition which has been well and truly carried on.

A more recent Bill, which was given its Second Reading, was that of my hon. Friend the Member for Glasgow, Pollok (Mr. White). We know that it had the support of many members of the Scottish National Party, including the hon. Member for Dunbartonshire, East (Mrs. Bain). We know how much initiative in the shaping of policy for the laws of all the country came from the Leader of the Scottish National Party. The right hon. Member for Western Isles (Mr. Stewart) took a prominent part in insisting that the House should refer that Bill to a Select Committee.

I do not believe it to be simply a series of coincidences that there has been this involvement of Scots Members in this vital issue. Certainly I do not complain about it. Whether it was on the Bill introduced by the Leader of the Liberal Party or the Bill put forward by my hon. Friend, I believe that it is to be commended. It is to be expected of people who are passionately concerned about issues of life or death, people who come from a culture in which moral issues are taken with high seriousness, people who represent others who obviously feel involved and put pressure on their Members of Parliament.

It is not surprising that there has consistently been a Scottish involvement in the issue of abortion. No hon. Member ought to complain about it. Whatever their views may be, whether for or against abortion, in the debate on abortion which has continued in this country for a decade the catalysts have largely come from Scotland. It must be that they wanted all the laws to be altered in one way.

When the Leader of the Liberal Party presented his Abortion Bill there were objections from some areas in Scotland, as will be recalled by Scottish Members of Parliament, because they did not want the Bill to affect them. Voices were raised in Aberdeen. They claimed that the administration of the law according to the common law in Scotland was such that they did not want to have this statutory interference in any form. I see Scottish Members nodding assent, because this is within their recollection. At that time there was in practice a considerable difference between Scotland, on the one hand, and England and Wales on the other.

It is to the credit of the Leader of the Liberal Party—I never give him very much credit on this issue—that he saw how essential it was that there should be uniformity in the law on this matter.

I am not surprised that, when a suggestion is made that that uniformity should be ended, there should be an expression of considerable unease by doctors in Scotland. The very existence of such passionate feeling coming from Scotland means that we are talking about something that is not speculative when we put forward the possibility that, if a Scottish Assembly comes into existence, there will be a national debate in Scotland leading to a new Bill. That is not speculation. It is inevitable.

If pressures have come from Scotland—whether from pro- or anti-abortionists does not matter—to make certain that the whole issue of abortion is raised in this place by Scottish Members, how much more likely is it that they will be raised in a Scottish Assembly? I cannot anticipate what a Scottish Assembly will do, but I am certain that it will do something.

A continuing debate is going on about the abortion law in this country. It is well known—it has been heavily canvassed and reported in the Press—that the Government are seeking to act as an honest broker in trying to bring together the various parties and views in an endeavour to get a consensus, if possible, for an abortion Bill affecting the whole of this country.

There are already great differences in the administration of the abortion law. In one part of the country doctors may claim that they wish always to preserve what they believe to be the principle of the sanctity of life, and consequently they have a policy which lays a greater emphasis upon the rights of the unborn child than the wishes of the mother. Others take a contrary view. Therefore, there are differences in the practice.

There is, however, uniformity in the law. There are certain boundaries outside which nobody can stray without coming into conflict with the criminal law. That is the crux of the matter. The Under-Secretary of State has not yet directed his attention to that matter, because there seems to be a suggestion that we are tackling an administrative matter in the Department of Health and Social Security in England and Wales rather than in Scotland. We are doing nothing of the kind.

This matter has much broader implications. We have to face the fact that we are talking about the criminal law. Abortion in this country is a criminal offence. In particular circumstances we have exempted it as an offence, but the basic law of this country is that abortion remains a criminal offence. What we now realise from this debate is that the consequence of dividing legislation in such a way means that criminal laws will come into existence in one part of the kingdom, yet there will be entirely different criminal laws in another part.

The hon. Member says that there are already different criminal laws. Let me explain how laws come into existence, how they are surveyed and how they are substantially married up.

If criminal laws are passed which give distinctions to Scotland, yet not to England and Wales, they are under the surveillance of the House of Commons. No other body can pass criminal laws that affect Scotland but not England and Wales. As a result, there is a constant monitoring and surveillance. The issue raised by this debate is that, for the first time, I believe, powers will be given which will mean that there could be conduct regarded as criminal in England and Wales, which is not so regarded in Scotland, and vice versa. That is a very serious matter. We must recognise that we are not talking merely about havens. We could be talking about fugitives.

I am not surprised that doctors feel uneasy if something done in one part of the kingdom will be criminal yet will be in accordance with the law in another part of the kingdom. Will nurses, too, find themselves being accomplices in a criminal act on one side of the border, but innocent on the other side? That is a serious issue, which has not begun to be dealt with, because we have not tackled the consequences of this wretched devolution Bill as it affects the whole of British criminal law. In this narrow example of what is a broader matter we can easily imagine what will happen if there are large differences between the two sets of laws.

My hon. Friend the hon. Member for Barking (Miss Richardson) pertinently pointed out that the consequences of the law in Britain being different from that on the Continent meant that there was an invasion from abroad of women seeking abortions. There are always people ready to take advantage of the difference in the law to exploit women who are in a predicament about their pregnancies. We are only now beginning to try to control the private sector of abortion, which saw that it could feed upon the problems of women from abroad.

What will happen? Will wide gaps in abortion law be allowed to come into existence? Will there be new pregnancy advisory bureaux at Berwick, or clinics established on one side of the border, in the wake of the devolution Bill'? If we do not support the amendment I believe that the consequence will be to re-invite all the opprobrium that was attracted when there was no control over foreign women who came for abortions. What could be more offensive, whether it were English or Welsh women going to Scotland, or Scottish women coming to England, than that an abortion would be determined according to their accents? Clearly there cannot be such an anomaly without attracting all the worst elements, who would immediately play on the differences between the two laws. The consequence revealed by the amendment is only the tip of an iceberg. There are parallels and we should use them when discussing an amendment of this kind.

4.15 p.m.

Let us consider the laws on homosexuality. I want to deal with them as we have a Law Officer here who can take his measure of responsibility for the continuing differences in these laws between Scotland and England and Wales.

We are not exaggerating the significance of this matter. We have determined that, as between consenting adults. a homosexual offence is not a criminal act in England and Wales. It remains—unhappily, in my view—an offence in Scotland. But there have been statements—statements which are offensive to most lawyers—by the Lord Advocate that he will determine that no offences will be brought before the court, even if they are brought to the notice of the authorities, because at his whim, at his caprice, he has decided that such offences shall not be treated as offences. It is not done by the House of Commons. It is not done by altering the laws and bringing about the uniformity that is the present issue. When I put through the Sexual Offences Act, I did not apply it to Scotland, which meant that we had the absurd position that a course of conduct was a criminal offence in Scotland and not here.

Now, thanks to the statement made—this curious form of non-law or administrative law, call it what one will—at the caprice of the prissy Lord Advocate there is a distinction. We do not like it. None of us can like it. Whatever view we may hold about homosexuality, we do not like this distinction. We want uniformity.

We see what has happened with the law on homosexuality. Dilemmas have arisen, and the Government have intervened with their high-handed idea that they will decide by caprice, instead of our legislature deciding. This could occur again and again in respect of criminal laws if we give a legislature in Scotland the right to pass laws.

I have no doubt that my hon. Friend would not want to mislead the Committee. He said that the objection which he took to the present difference in the law with regard to homosexuality related to a statement which I made—arbitrarily, he rather indicated—in relation to certain proceedings of the House on one occasion. I should like to correct him on that.

The original statement was made not by me but by my immediate predecessor in a different Administration. He based his statement not upon any arbitrary decision but upon some 50 or 60 years of practice in making decisions about criminal prosecutions in Scotland.

I am not surprise that my right hon. and learned Friend wishes to disclaim his responsibility. As a lawyer, he must shrink from having to perpetuate a policy about which he is bound to feel profound unease. But he cannot acquit himself of the responsibility that an opportunity afforded itself in the passage of a Bill by which it would have been possible to put an end to the unhappy situation. No one did more than my hon. Friend the Member for Edinburgh, Central (Mr. Cook) to try to bring it about, and no one did less to assist him than did the Lord Advocate. He must take his own responsibility.

But I am not having an argument about that. I am using the point illustratively to show what begins to happen when one has two sets of criminal law.

The hon. Gentleman emphasises his view that uniformity in these matters is essential and desirable. It is uniformity—the opposite of the concept of devolution—which implies a recognition of differences if people want them. Yet, in building up his argument, the hon. Gentleman takes the example of homosexuality, on which he himself introduced a Bill that did not have the effect of introducing uniformity within the United Kingdom, presumably because he thought, rightly or wrongly, that it would have a different reaction in Scotland. Indeed, the same was true with regard to the family planning legislation, which was not implemented by the Labour Government in Scotland.

Surely, the whole point of devolution is to allow variation, if a community wishes it, one way or another.

First, it is a question not of uniformity but of having effective surveillance to ensure that there is no conflict of laws. Once these powers are put in the hands of another legislature, there is no possibility of monitoring them in such a way as to minimise conflict.

As for the two Acts, of both of which, I am proud to say, I was a sponsor—the National Health Service (Family Planning) Act, with Edwin Brooks, and the Sexual Offences Act—it is correct each did not apply to Scotland. Those of us who presented those Bills explained that we regretted it.

The National Health Service (Family Planning) Act 1967 must be taken as distinct from the other. It was an administrative measure. The original Act, which I brought forward and which has now been absorbed within the Health Services Act, gave permissive powers for local authorities to give freely, or to charge for, advice and or contraceptives. That was an administrative, not a criminal matter. Therefore, I prefer not to pursue that argument because it is not the one that we are developing today.

We promoted the measure on homosexuality beliving not that we were doing the best but that we were doing what was possible. We hoped and believed that because the Scottish law at least required independent corroboration, as the old English law did not, at least it would not be as grim as it would otherwise have been. The measure still left gaps, but it was all that was politically possible at that time.

Those of us who put through that measure, in the climate of 1967, know full well how marginally we succeeded in getting the Bill through the House. I acknowledge that I was a party to Bills which dealt only partially with problems for the United Kingdom as a whole, but that does not mean that the ideal, the goal, should not be to seek to pass a Bill which will affect everybody throughout the United Kingdom.

Happily, common sense has reigned and, although it took a long time, nearly 10 years after my Divorce Reform Act 1969, Scotland also had reform. Although the Scottish Act was substantially the same, there were variations. Nevertheless, it was in such a form that it does not cause conflict. The family planning Act is now absorbed in the comparatively recent relevant national health Act.

All those matters took time, but those of us who were involved knew what we were doing. We were trying to push matters forward. The amendment is trying to prevent the clock being put back. I challenge the Government. It is not only a question of abortion. What thought have they given to the whole question of having developing criminal laws in two different legislatures?

Many matters which are offences in different European countries are not offences in other countries. That situation could begin to develop in this small island. How absurd that is! At a time of maximum mobility, when Scotland, like Wales, is nearer England than it has ever been as a result of technological progress, and at a time when the peoples have never been more mixed up, how absurd it is that the House should say that we are content to have one set of criminal laws passed by ourselves and another set in Scotland. That is what we shall be saying if we do not support the amendment of the hon. Member for Edinburgh, West.

The issue has not been raised, and it is time it was. I welcome the fact that he hon. Gentleman has given the Committee an opportunity to dea with the mater by drawing its attention to the whole wider issue.

I hope that the Minister will take the opportunity to say something before we finish the debate, because I hope that he has had second thoughts since the debate on Wednesday night.

The fact that the hon. Members for Pontypool (Mr. Abse) and Barking (Miss Richardson) both spoke in support of the amendment makes it absolutely clear that it has nothing to do with the principle of whether we support abortion. The hon. Member for Pontypool supported, as I did, the Bill introduced by my hon. Friend the Member for Buckingham (Mr. Benyon), while the hon. Member for Barking opposed it. We are concerned about whether it will make realistic sense or whether it will create a great shambles of administration and law if we have separate laws on abortion north and south of the border.

I should like to ask the Minister a number of practical questions that I hope he will answer. First, has he taken the opportunity, before this clause and this part of the schedule were introduced—or since last Wednesday—to consult those who could give him guidance as to whether the fears expressed by hon. Members are justified? He must be aware that hon. Members from both sides of the Committee, holding varying views on this delicate issue, expressed the view that this would create a great deal of confusion and injustice and would also be a bit of a shambles. Has he taken the opportunity of consulting the health boards, the BMA, the consultants or, indeed, the Law Officers? Is he willing to tell us whether any of these organisations or individuals expressed a view about whether the fears of hon. Members were justified? There is certainly no doubt in the minds of most of us that if we have separate laws north and south of the border we could create a rather unfortunate and unsavoury traffic in abortion—an abortion haven—which would not be helpful and would not be conducive to respect for law or anything else.

The Minister put forward three arguments in support of retaining his position. First, he said that it would not be practical politics to devolve the whole of this part of the Health Service yet hold on to one aspect of it. I believe that the Minister was referring to the administration of the Health Service. The point that is being made is that we are discussing not the administration of the Health Service but the law on abortion. Although the amendment may be technically defective, it is certainly no part of the argument of those who support the amendment that we should take out of the administration of hospitals that part of the work relating to abortion. We are concerned with the law on abortion. Does it make sense to have a separate law on abortion on either side of the border?

The Minister's second argument is that:
"Running through the whole argument about whether we ought to devolve abortion matters is clearly a fear in the minds of my hon. Friends and others who are in favour of retaining them that somehow or other there will be a change in the abortion law in Scotland."
I come to the question of whether our fears are real or hypothetical. I think hon. Members will agree that this is not a hypothetical question but that there is a real chance of such a difference occurring. There have been two Bills designed to make substantial amendments to the Abortion Act. Both of those Bills have been passed by substantial majorities on Second Reading, the latest one being that introduced by my hon. Friend the Member for Buckingham.

There certainly appears to be a view in the House of Commons—which after devolution, if it takes place, will pass laws such as this only for England—that the law should be changed. There is a reasonable chance that the House of Commons, in respect of England at least, will make a change in the abortion law. If the Second Reading votes on the amending Bills are any guide, that certainly appears to be the case.

What about Scotland? We have no idea whatever what attitude a Scottish Assembly of 150 people, whom we do not yet know, would take on this matter. The Minister cannot say that this is not a problem that he can reasonably anticipate. There is every possible indication that there will be a change in the law, at least for England, and possibly for Scotland. The third question that the Minister raised was on the important matter of the mobility of people under the Health Service. He said:
"My hon. Friend said that he had fears about the possibility … that people might not be able to move back and forth between the various health authority areas in the United Kingdom. There is no possibility that they will not be able to do so."—[Official Report, 11th January 1978; Vol. 941, c. 1816.]
The Minister gave a categorical assurance that there would be no restrictions on the movement of people from one health board area to another. Therefore, surely the issue is clearer than ever. Reference has been made by the hon. Member for Pontypool to the abortion traffic between this country and the Continent. At one time, 1,000 women a week were coming to Britain for the sole purpose of obtaining an abortion. That was despite the fact that there were quite separate foreign countries. But here we have one United Kingdom in which there is to be no restriction on the movement of people for health purposes from one health board area to another.

4.30 p.m.

The Minister's last argument, which received some cries of "Hear, hear" from hon. Members on the nationalist Bench, was that different laws applied in Scotland and in England. We accept that under the Bill there will be many changes. I am sure that the hon. Member for Pontypool would not be happy if, as is possible, a Scottish Assembly reintroduced capital punishment and England did not. But this is not the same problem. If, for example, anyone committed a murder in Scotland, he could opt to be tried by an English court because it had more liberal laws on hanging.

If one wanted to take advantage of a different divorce law, one would have to establish the residence required. If the Scottish Assembly abolished divorce, while England still had its two years' residence requirement, one could not simply cross the border to take advantage of the law. Abortion is a different matter. There is no legal restriction, and no long period of residence is required. We are talking about a Health Service with no barriers between Scotland and England, even in the event of devolution.

There is no doubt a major problem here. I ask the Minister to give an assurance that he will look carefully into it and consult all those concerned before Report. The most important thing is for him to tell us whether he has taken the opportunity since Wednesday, in view of all the arguments that were advanced, to consult those in the Health Service and in the operation of the law about whether they saw the difficulties.

My view, and I think the general view of Opposition Members, is that, irrespective of the issue of abortion and the details of the Bill and whether one is against or for it, it would be nonsense and a shambles if we had separate abortion laws north and south of the border.

There are those who, as I do, would like to see the law changed for the United Kingdom as a whole, and there are those who would resist such change. But the Minister must accept that if we had separate abortion laws north and south of the border, properly and adequately administered and kept to—unlike what happened with homosexuality—as the hon. Member for Pontypool said—there would be a real danger of the law being brought into disrepute and of an Assembly or a United Kingdom Parliament being unable to apply its own law because of the danger of cross-border traffic.

I hope that the Minister will think about the matter carefully and make a statement about what attempt he has made since our debate on Wednesday to ascertain Scottish medical and legal opinion.

I enter into debate in terms of the Oedipus syndrome.. I do not know the difference between the old Italian school, which relied on the stethoscope, and those who relied on the horoscope. The difference here is this. It is purely auto-suggestion—a kind of Freudian penicillin—that in Scotland, under a devolved Parliament, we should alter the law. There is no suggestion that that is a statutory right. The United Kingdom is going on.

My hon. Friend the Member for Pontypool (Mr. Abse) talks about a haven. I do not know how many homosexuals have come down to London for rescue, and I have no figures to justify such a suggestion. I am like Confucius, who said "Pray silence for the god. Only monkeys chatter".

The hon. Member for Glasgow, Cathcart (Mr. Taylor), with his customary verbosity, is merely confusing a situation which is abundantly clear. It seems to me that the administration of the National Health Service in Scotland approaches much nearer the principles for which that Service was initiated in 1948 than it does in England. I do not think that we should exempt any aspect of administration of the NHS, or any of the facilities available in it, from this consideration. I suspect that the hon. Member for Cathcart—he gave the game away towards the end of his speech—is really interested in getting on to an anti-abortion bandwagon, as he has done in the past.

I hope that my hon. Friend will not be diverted by the antics, as he put it, of the hon. Member for Glasgow, Cathcart (Mr. Taylor) in digressing from the central point, which is that as of now from any part of the United Kingdom one can obtain therapy in any other part of the United Kingdom, if the facility is there and not in one's own area. What is the position if there is a change in the law, not necessarily in England but in Scotland? How does that affect the basic principle of availability in any part of the United Kingdom?

I am grateful to my hon. Friend for his extremely interesting observation. However, I do not visualise any problem between Scotland and the rest of the United Kingdom when there is devolution of authority and power in the National Health Service to Scotland. I do not see any problem arising in this respect at all. What we are talking about is devolution, not separation.

There are still legal differences between Scotland and England, and we do not seem to have any great difficulties in respect of these legal differences. It may be that Scottish National Party Members would want to see great differences in National Health Service development in Scotland compared with the rest of the United Kingdom in that they want complete separation. But we do not see it that way.

I wish to draw the Committee's attention to something which the hon. Member for Cathcart seems to forget—something which is essential to Scotland having control of health services in the same way as other matters will be devolved to Scotland. I refer to one of the problems we had, as my hon. Friend the Member for Pontypool (Mr. Abse) pointed out, with the abuses which occurred under the 1967 Act. Those abuses were almost entirely confined to England, and particularly to one or two areas in England. I shall be happy to see a situation in which we in Scotland can control the position in the way it has been controlled up till now, without these abuses.

In the two attempts made to alter the 1967 Act, great play was made of the fact that there was, as the hon. Member for Cathcart pointed out, trading in abortion between the Continent of Europe and this country. One has to be much more specific about it. It was not really between the Continent of Europe and this country; it was between the Continent of Europe and London. I shall be pleased to see a situation developing so that Scotland will have control over the National Health Service. I say with pride, incidentally, that in Scotland about 90 per cent. of full-time consultants are in the NHS, compared with under 50 per cent. in the rest of the United Kingdom. I should like to see that development in Scotland.

Is the hon. Gentleman saying that if, for example, as is possible under this proposal, one had what might be called a tight abortion law south of the border and what is called a liberal abortion law in Scotland, he could see no major problems arising?

The hon. Gentleman is trying to put words in to my mouth. That is not what I said. It is for the Scottish people in their wisdom to decide. I am not saying that I should necessarily be happy about that. But it would be for the Scottish people to decide whether they wanted it.

Would it be for the Scottish people in their wisdom to decide upon public expenditure in England if the situation were that there was a more liberal law in England? That is exactly what my hon. Friend is suggesting by opposing Amendment No. 545. I should be grateful if he would cease to address himself to Amendment No. 521, which has no support on these Benches, and confine himself to Amendment No. 545, on which there is serious concern on these Benches about the Government's attitude.

I will not be drawn into arguments to which I am not addressing myself at the moment. I am addressing myself to a situation envisaged by the hon. Member for Cathcart. I do not see arising the problems that he sees. I am very happy that Scotland will have control over this series of facilities, now available in the United Kingdom, and I see no difficulty at all in that for the future.

With respect to my hon. Friend, who is a doctor himself, I say with some trepidation that the reality here, of course, is not that it is up to the Scots people to decide. The whole nature of this problem lies in the fact that the other part of the country, Scotland or England, is intimately affected. By no stretch of imagination can this be simply a matter for either the Scots or the English to decide by themselves.

I have already spoken in this debate, so I shall be very brief and put forward only two questions—one related to the difficulties on abortion. I refer my hon. Friend the Under-Secretary to Hansard of 11th January, when my hon. Friend the Member for Coventry, South-West (Mrs. Wise) said:
"The point about abortion is that a woman can visit, take her problem with her and solve it in one part of the United Kingdom where the law is different. This is the difference between abortion and the law relating to divorce and other matters concerned with child bearing."—[Official Report, 11th January 1978; Vol. 941, c. 1819.]
We are told that of course we must keep all the maternal services together, but I should like to hear the Government's answer to the point made by my hon. Friend the Member for Coventry, South-West.

The whole abortion question is very different from the other matters that have been discussed during this debate. Many of us fear—it is far too delicate and serious a subject to jump on any kind of a bandwagon—what would happen if the law were different. This is not a pro-abortion or anti-abortion argument. The root of the matter is that the law in one part of the kingdom may well be different from that in another part.

If the law is different, someone must answer the question posed by my hon. Friend the Member for Pontypool (Mr. Abse). As the House does not have surveillance over the total law, will it be possible to have criminal prosecutions in Scotland but not in England, or vice versa? I put this as a direct question to my hon. Friend the Under-Secretary. It he prefers that my right hon. and learned Friend the Lord Advocate should reply, I shall understand. I think that the Lord Advocate—I am sure that it is not his intention not to do so—should play a very active part in these debates, and we should have an authoritative Law Officer's answer to this legal question, which was first formulated by my hon. Friend the Member for Pontypool.

Because this matter is so difficult and delicate, I for one—I cannot speak for anyone else—would quite understand if my hon. Friend the Under-Secretary were to say "In the light of what took place on Wednesday night and following this afternoon's discussion, please do not have a vote now. We will take this away, reflect and discuss it." I ask for no commitments. I am not in a position to do so. But I am sure that if he said that it would be in good faith.

Whatever was discussed this morning at the doctors' meeting, I have it on the authority of Dr. Dale Faulkner, the secretary of the Scottish section of the BMA and of Mr. James Cowell, the president and certain other doctors active in that section, that they are deeply concerned about what they call an abortion switch between Scotland and England. In those circumstances, it would be sensible and right if my hon. Friend said "Give us time. We shall reflect on the matter and come back with another answer."

Finally, I wish to refer again to Hansard on a different issue, of the Civil Service and health. My hon. Friend the Under-Secretary, referring to the hon. Member for Glasgow, Cathcart (Mr. Taylor) who had raised the question of the Civil Service, said:
"There is really no problem concerning that, because there will be no question of civil servants or a civil servant working both to the Scottish Assembly and to the Secretary of State. The civil servants will work for one or the other; they will not work for both. It will be a unified Civil Service. They will all be members of the same Civil Service to allow for United Kingdom recruitment, promotion and movement of civil servants. But they will work in Scotland for either the Assembly or the Secretary of State, not both."—[Official Report, 11th January 1978; Vol. 941, c. 1820]
4.45 p.m.

It is my information that my hon. Friend the Under-Secretary of State is right and accurate in what he says. This is certainly confirmed both by Mr. Leslie Christie of the Society of Civil and Public Servants and by Mr. Norman Ellis of the First Division Association. If, however, there is no problem of loyalties, there will be a whale-sized problem of duplication of staff among civil servants. Whereas in the past we have had one set of civil servants, in the future, if the Bill becomes an Act, there will be two sets dealing with any given topic.

Let us take, for example, the subject of health. Are we to have one set of civil servants to advise the Health Minister in the Assembly on, for example, abortion, family planning and related topics, and to deal with the Assembly's committee on health? That will be one set of civil servants, who, by the by, will doubtless set about recruiting their own staff to advise them. The Assembly committee will also want staff. Will there be another set of civil servants advising the Secretary of State, at least until such time as that office, as my hon. Friend the Member for Berwick and East Lothian (Mr. Mackintosh) points out, "withers away", as it certainly will, whatever Ministers say in the year 1978?

My question is therefore a very direct and precise one. Are we right in thinking that instead of the one set of civil servants dealing with any given topic at present, if the Bill becomes an Act there will be two sets of civil servants deciding with precisely the same topics? Could there be cuts on either side? If so, how could such cuts be made? I am told that in practice once one has to have a set of civil servants dealing with a particular topic it becomes difficult to cut down their numbers. I therefore ask the question, are there to be two where before there was one?

I must admit that I had not intended to take part in this debate, and I shall do so only briefly. [Interruption.] The hon. Member for Liverpool, Walton (Mr. Heffer) will recall that I have spent a great deal of time in the Chamber on this Bill and I have a perfect right to make interventions on this or any other schedule or clause.

The hon. Gentleman has only to look at Hansard to find out. However, no doubt it will cheer him up when I say that I intend to follow the example of the hon. Member for Glasgow, Garscadden (Mr. Small) by speaking briefly on this matter.

I decided to intervene because of the remark of the hon. Member for East Kilbride (Dr. Miller), who accused my hon. Friend the Member for Glasgow, Cathcart (Mr. Taylor), by implication—or perhaps even more directly—of trying to open up this matter as some kind of anti-abortion campaign. I assure him that those of us on the Conservative Benches who will support my hon. Friend the Member for Edinburgh, West (Lord James Douglas-Hamilton), if he presses his amendment to a Division, but who do not find themselves on the same side of the argument as my hon. Friend the Member for Cathcart—including myself, because I am opposed to him on this issue—still find it objectionable that we should be handing over these powers of abortion to a Scottish Assembly.

It is my view that almost every clause in the Bill is a recipe for confusion and chaos. But I think that, above all, to transfer responsibility for abortion legislation would indeed be to cause an administrative shambles. Although we have become used to confusion and chaos, this would add a most unpleasant new dimension to the legislation that we should be transferring.

It is vital that we have uniformity of treatment on abortion throughout the United Kingdom. As the hon. Member for Aberdeen, North (Mr. Hughes) said in an intervention, it is now a fact that in any hospital in any part of the United Kingdom equality of treatment is given, or, if that is not the case, it will have nothing to do with the difference in laws. That is the way it is and that is the way it should be. I foresee that if we reject this amendment we shall, perhaps, be giving rise to a filthy and squalid trade. There will be an extremely degrading trek of pregnant women from one side of the border to the other. I hope that that will be avoided by our carrying this amendment.

The arguments are finely balanced in this debate and it was almost inevitable that they would centre mainly on the question of abortion. On the one hand, arguments which have been put to me from Scottish sources suggest that, since there are many thousands of people in Scotland who object to the situation in our country concerning abortion, the Scots would very much like to have the opportunity to change the law. They see this opportunity arising, provided this amendment is not passed.

On the other side of the argument is the powerful voice which says that it would be impossible legislatively if something which was a crime in one part of the United Kingdom was not regarded as a crime in another part. This point was mentioned by the hon. Member for Pontypool (Mr. Abse).

I do not know whether there is another act which is classified as a crime in Scotland but not so classified in England. I know that there are many differences in the administration of the law, but I should like to be clear on this issue. Indeed, it would be incredible if we were to accept such a situation, and I agree with all that has been said about people trekking over the border. My view is not arrived at because of my opinion on the abortion issue. I regard the whole question of devolution as being fundamentally so dangerous that I could never support it, because it implies the fragmentation of the United Kingdom. It is for that reason that I must come down on the side of rejecting very strongly any suggestion that such a basic and important issue could be operated in Scotland in a way totally different from what would happen in the rest of the United Kingdom.

It is perfectly true to say that tens of thousands of people in the United Kingdom oppose the abortion laws. No doubt the House of Commons will ensure that there is a change eventually, because there are still occasions when it hearkens to the voice and to the will of the people. But it is not because of that point that I shall direct myself into a particular Lobby this afternoon. It is because I believe it is impossible to over-stress the dangers of devolution and the break-up of the United Kingdom that I shall vote for the amendment.

I do not wish to enter into what are important but nevertheless side issues raised by the hon. Member for West Lothian (Mr. Dalyell), who asked whether there would be two sets of civil servants. The answer to that is "No". Nor do I wish to go into the question raised by the hon. Member for Pontypool (Mr. Abse), who I hope will campaign during the referendum campaign in Scotland, because every word he said would drive people to vote for devolution.

There have been two systems of law in Scotland since 1707. Law Commissioners have been set up to ensure that the system of Scottish law is developed along lines of its own. There is not only one correct system of law. There are several legal practices in Scotland which are perhaps, neither better nor worse, but which are different—which we have developed in our own way. But I shall leave these points aside—

I am willing to debate the legal question with my hon. Friend at any time. This matter was debated last Wednesday night, and there are other important matters to be debated before the guillotine falls. There is only one point that I want to make which has not been adequately covered, namely, that the amendment deals with family planning as well as with abortion.

As someone who, in Scotland, has long been associated with the Family Planning Association, one of the things I find most unhappy about this whole notion is that one can take all aspects of health and care from birth to death and treat them through a health service, but there are certain little sexual aspects which must be pulled out of the treatment of health and put somewhere else, dealt with differently, dealt with specially. I find that most unsatisfactory. The idea that family planning is not something which should be dealt with for the person by his or her GP in his doctoring in the situation in which he lives is entirely wrong. Our Health Service should be planned and organised as a single unit in Scotland.

I am afraid that my hon. Friend has fallen into the same trap as has ensnared many others. We are not talking about administration or about practice and the use of resources; we are speaking about a legislative difference. That is what makes it imperative that these matters keep broadly in line on both sides of the border.

That is not the issue, because if one withdrew the legal and administrative control of family planning and abortion from the other authorities controlling a devolved Health Service, one would create an enclave within the Health Service in Scotland which would be different and separate. This would be profundly unsatisfactory. I believe that we want to reach a situation in which abortion, family planning and all aspects of health care for young men and women are regarded as part of the normal operation of the National Health Service. In such circumstances, to make this change would be most unsatisfactory.

The argument for devolution of the Health Service in Scotland is overwhelming. I do not think that anybody challenges that. The best case for it is made succinctly in the Scottish Year Book, where it is said that the new major reorganisation of the centralised Health Service in Scotland has withdrawn it for practical purposes from democratic control. It is now under the control of officials who run the Health Service, and although it is admirably run as a unit it needs to be run under political control for certain decision-making purposes.

That is the case for devolution of the Health Service. Let us not subtract essential areas of treatment within that Health Service and try to deal with them differently.

I am sorry to intervene, but I want briefly to make the point clear. First, there is no argument that, if the Assembly comes into being and there is devolution, the Health Service should be devolved. I do not support Amendment No. 521, which is to remove "health" entirely.

In the second amendment, no one is asking for the administration, the control, the allocation of resources and so on to be removed from the control of the Scottish Assembly. That is not the issue. What is at issue is whether it is right and proper that in Scotland, England and Wales there should be different laws dealing with therapy. It is on therapy that the matter arises—not on havens, trade or anything else but on whether the principle that, whatever the Scottish Assembly may say, anyone in Scotland who requires to come to England to obtain therapy which is not available in Scotland will continue to do so, if that be necessary. Similarly, if anyone in England requires to go to Scotland for therapy not available in his locality, he will still be able to do so.

The question not answered is whether, if the law is different in relation to abortion, therapy will still be available north or south of the border depending on the need of the individual patient. It is that aspect which urgently requires clarification.

If the Under-Secretary is unwilling to look at the substantial points raised and not necessarily to say that he will agree with us—and if he cannot undertake to look at the substantial points raised and consider them in detail, I shall be compelled to vote against him in the Lobby.

5.0 p.m.

I am very tempted to rest my argument on the case put forward by my hon. Friend the Member for Berwick and East Lothian (Mr. Mackintosh), who had it absolutely right, but I feel bound to answer many of the points which have been raised. I will do so as briefly as possible, because, much of the debate that has taken place today—I do not say this in the form of complaint in any sense—is broadly a repeat of many of the things that were said when we debated the subject last week.

My hon. Friend the Member for Aberdeen, North (Mr. Hughes) in a sense was arguing against himself. If his argument, as I understand it to be, is that he is deeply concerned about the Assembly's having legislative competence in regard to abortion, it appears to me, in view of the fact that he said that he would not support Amendment No. 521, which deals with the devolution of the Health Service, that the two statements are in conflict. My hon. Friend appears to be quite happy to allow the Scottish Assembly to have legislative competence in every aspect of health care except the one aspect of abortion.

Will my hon. Friend give me one other example of therapeutic treatment in regard to which the criminal law applies? It does not apply, for example, to rheumatoid arthritis.

I shall be coming to the moral issues involved in the Health Service.

My hon. Friend the Member for The Wrekin (Mr. Fowler)—

I was hoping that my hon. Friend would today not use the argument—he did not use it on Wednesday—that there are people here who do not trust the Scots. He knows that I am in favour of devolution. I hope that he will address himself to the two main points, that a change in the law in either country would encourage abortion trafficking and would place an unfair burden of expenditure on the Health Service of one country in serving the needs of the other. Neither seems to have anything to do with the principle of devolution.

If my hon. Friend will allow me to develop my argument, without trying to prejudge it, he will hear what I have to say. I have not said, nor do I intend to say, that people in the House do not trust the Scots, because that would not be true.

I feel that my hon. Friend the Member for Aberdeen, North has brought some conflict into his own argument on the question of legislative competence. It seems to me that what is being said is that it is perfectly all right and that there is no danger at all as long as the Scottish Assembly has legislative competence in every aspect of health care, but for goodness' sake not in regard to abortion. With great respect there is some contradiction in that kind of argument.

My hon. Friend the Member for West Lothian (Mr. Dalyell) referred to prosecutions in Scotland being on a different basis from those in England, should the law be changed. My hon. Friend the Member for Pontypool (Mr. Abse) also dwelt at length on the criminal law. I do not propose to deal with the criminal law, because that will arise in a later schedule to the Bill, but the fact is that the criminal law is a devolved matter. It will be devolved if the House so wills it. The answer to my hon. Friend the Member for West Lothian is that if there were a change in the law on abortion in Scotland there would be bound to be prosecutions on a different basis.

The hon. Member for Glasgow, Cathcart (Mr. Taylor) said recently that if he were in a position to do so he would reintroduce capital punishment in Scotland, whether England, Wales and Northern Ireland wanted it or not. I have already said that the criminal law is a devolved matter, and it is as simple as that. These legal matters will in any event be dealt with by my right hon. and learned Friend the Lord Advocate when we come to that section of the Bill.

As to the argument of my hon. Friend the Member for West Lothian concerning the Civil Service, I do not know what I have to do to convince him. I thought I had convinced him last Wednesday evening, and that my convincing arguments were reinforced by the two senior civil servants to whom my hon. Friend spoke, no doubt in the hope that he would obtain some contradiction from them. What he obtained, in fact, was complete support for everything I said but, lo and behold, he comes back today and asks for further reassurances. In all honesty, I have really given my hon. Friend and the House all the assurances I can and all the explanation I can on the question of the Civil Service. I do not want to be unkind, but I cannot go beyond what I said on Wednesday, when I though that my explanation, backed up by the Civil Service unions, was quite clear, concise and understandable.

Of course, on the issue of double loyalty, I accept what the civil servants have said. But they added—my hon. Friend can check this—that the system would lead to great duplication. On the double loyalty question, therefore, I am convinced, but on the question of duplication I am not convinced.

I do not want to get involved in that argument again, because it would really sidetrack us from the main issue, and no doubt other opportunities will arise to discuss it, but I seek again to convince my hon. Friend that there would be neither duplication nor double loyalty. I hope that my hon. Friend will be prepared to accept that assurance.

My hon. Friend the Member for East Kilbride (Dr. Miller)—speaking, I imagine, as a constituency Member and as a doctor—brought his own experience to bear on the question. The fact that we are debating it in a very calm atmosphere speaks volumes for the House. I think that the House should pay careful heed to what my hon. Friend said in support of the Government's position on this question, and against the amendment moved by the hon. Member for Edinburgh, West (Lord James Douglas-Hamilton).

I listened to my hon. Friend's suggestion that what I said was more relevant to another part of the Bill. I do not believe that it is any less relevant for that reason but, now that we have my right hon. Friend the Lord President of the Council here, will he give an assurance that we shall discuss the whole issue of the devolution of crime, which is dealt with on page 50 of the Bill, in Group 26? It seems obvious to me that there will be absolutely no opportunity whatsoever. Similarly, does not my right hon. and learned Friend the Lord Advocate feel that, while we are having a debate on this issue, which indicates the problems of conflicts of criminal law between the countries, he has a duty to say far more than he has done, especially in view of the guillotine which has been imposed on the initiative of the Lord President?