House Of Commons
Tuesday 9th May 1978
The House met at half-past Two o'clock
Prayers
[Mr. SPEAKER in the Chair]
Private Business
Vale Of Glamorgan (Barry Harbour) Bill
Order for Second Reading read—[Queen's consent, on behalf of the Crown, signified.]
Read the Third time and passed.
King's College London Bill (By Order)
Read the Third time and passed.
Greater London Council (General Powers) Bill (By Order)
Order for consideration, as amended, read.
To be considered upon Tuesday next.
Orkney Islands Council Order Confirmation Bill
Considered; to be read the Third time.
Oral Answers To Questions
Social Services
National Health Service
1.
asked the Secretary of State for Social Services if he is satisfied with industrial relations within the National Health Service; and if he will make a statement.
It would be difficult ever to be fully satisfied with the state of industrial relations within the National Health Service, given its size and diversity. But I and my colleagues are constantly seeking to effect improvements.
Is my right hon. Friend aware that much of the negotiation that goes on within the Health Service with the trade unions involved is concerned with improving the efficiency of the Service and the welfare of patients? Does he not agree that this is in marked contrast to some statements by leading Members of the Opposition? Will he also consider the legal position of male nurses in psychiatric hospitals and wards, and the great strain that is imposed upon them? Will he look at their problems?
It is absolutely true that the nursing unions and the staff side in general are basically concerned with the strength of the Service and the welfare of patients. The question of nurses in mental hospitals is an issue that I have discussed especially with CoHSE, and I am certainly ready to have further discussions with it.
As far as the Opposition are concerned, it seems to me that they are constantly stirring up trouble by launching new attacks on trade union leaders, calling for new cuts in public expenditure, urging the reintroduction of pay beds and new charges, and threatening uncertainty among workers by proposing reorganisation of the Service. That is their contribution to industrial relations in the National Health Service.Is the Secretary of State aware of the continuing sense of grievance felt by telephonists in the NHS, particularly about their conditions and pay as compared with those in the Post Office?
This is a matter with which the House and public have concerned themselves before. It is being looked at through the proper channels between staff side and management. Certainly we know of the grievances, but it is proper that the telephonists should pursue these grievances in a proper manner rather than take the sort of industrial action to which they have resorted.
Does my right hon. Friend agree that morale in the Health Service is closely linked with the question of pay beds? Will he make a statement on the introduction of common waiting lists, as recommended by the Health Services Board in a report which he received many, many months ago?
I know that I have disappointed my right hon. Friend the Member for Blackburn (Mrs. Castle) because it has taken some time for consultation. However, I am anxious that when we take a decision as a result of this consultation it will further improve morale within the Health Service. That is why I think it is proper to consult fully those who agreed with our decision and those who disagreed with it.
Will the Secretary of State now answer the question that he did not answer in the debate on 20th April? Does he accept unequivocally that clinical safety must be the responsibility of those qualified to take clinical decisions? Will he support health authorities which transfer or dismiss staff whose conduct has been shown to be prejudicial to the safety of patients?
I shall want to give further consideration to the second question put by the hon. Gentleman because I would want to know the circumstances in which persons had been transferred. If he tables a Question, I shall deal with it. The safety of patients is important. In my discussions with the leaders of the medical profession and with leading trade unions, an interesting idea, put forward and supported by a number of those concerned, was that we should have special committees directly concerned with the safety of patients. Such committees would not be involved in the negotiations but would have the prime duty of saying "Thus far and no further, because the safety of patients is concerned." That is a very helpful proposal.
Motability
2.
asked the Secretary of State for Social Services when he last met the chairman of Motability; and if he will make a statement.
I met Lord Goodman on 26th April, when I attended a meeting of the new organisation. Motability has made very good progress toward its objective of enabling disabled people who wish to obtain a vehicle to get maximum value for their money. In particular, during the summer it will launch a car-leasing scheme for recipients of the mobility allowance. I pay warm tribute to the work of Lord Goodman and his colleagues and welcome the degree of co-operation they are receiving from motor manufacturers, the banks and the many other interests with which they are in touch.
In view of the very high cost of purchasing adapted or specialist vehicles for the disabled, does the Minister accept that the Motability leasing scheme will use up every penny of the mobility allowance? Will he therefore lend his full support to the disablement organisations' campaign for exemption from vehicle excise duty?
I am familiar with the many claims for further help. The Opposition parties last night took out of the kitty in a full year some £370 million. That does not make it easier to provide new help for the disabled. The hon. Gentleman has a distinguished role in this area, as secretary of the All-Party Disablement Group. I shall continue to do whatever I can to improve matters in this area.
Notwithstanding the difficulties caused by the Opposition's action last night, will my hon. Friend confirm that the leasing period for a car will be four years? Will he indicate how much money the Government will be putting into the pockets and purses of disabled people during that time?
There is a proposal that the car-leasing scheme should cover a four-year period. By the end of 1979 we expect there to be 125,000 beneficiaries of the mobility allowance. That means that we expect to spend £65 million a year on the mobility allowance by the end of 1979. Over the four-year leasing period, if that is the period, the amount being supplied by the Government to spend with Motability, if that is what disabled people wish, will be £260 million. That figure does not take into account any uprating.
Does the Minister accept that, however successful Motability is, there will remain a residual requirement for those who cannot benefit from a conventional motor car? Will he tell the House what action is being taken further to research a specialised vehicle which will be needed for a small proportion of people long after Motability has satisfied other needs?
I appreciate that point. We are keeping in touch with developments in specialised vehicles and adaptations of production cars for the disabled. We have commissioned the Motor Industry Research Association to study and identify how best the needs of the disabled for personal road transport can be met. I shall be keeping in close touch with all developments in this important area.
Toxicity Testing (Use Of Animals)
3.
asked the Secretary of State for Social Services when he expects to be able to make a full statement on his discussions on research into alternative systems instead of use of animals in toxicity testing and hazard evaluation.
When interdepartmental discussions co-ordinated by my right hon. Friend the Home Secretary, in which my Department is playing a part, are concluded. I am aware of public concern.
Does my hon. Friend recall that as long ago as December last the Prime Minister said that he would be bending all possible efforts in this matter and would be moving as quickly as possible? Is my right hon. Friend satis- fied that the Prime Minister is bending all possible efforts and is moving as quickly as possible? Will he at least say something on the matter?
Yes, but the principle of policy involved extends across at least three other Government Departments and it is essential to co-ordinate our approach. Subject to that, we are working as fast as we can.
Does not the expression that other Government Departments are involved frequently mean that there is interminable delay in arriving at conclusions? Will the Minister give an undertaking that the matter is being looked on by his Department as one of urgency and that he is also trying to instil the same urgency in the other Departments involved?
Yes, I can give that assurance.
Medicines (Prescription Only) Order 1977
4.
asked the Secretary of State for Social Services what representations he has received concerning the Medicines (Prescriptions Only) Order 1977.
Representations have been received from medical, dental, nursing and pharmaceutical organisations, trade associations, other interested bodies and individual companies concerning various aspects of the order.
Why will this order prevent dentists from prescribing fluoride products whereas a general medical practitioner will be able to do so? Will fluoride products have to carry a poison label? If so, will not many parents be prevented from choosing fluoride products as dental supplement for their children in the interests of dental health?
No, the products will not need to carry a poison label. That is a misconception. It is also a misconception that the order is responsible for dentists not being able to supply fluoride products on prescription. This is because of the historical organisation of the National Health Service and the fact that the dental profession, generally speaking, has not been willing to take continuing clinical responsibility for patients once a course of dental treatment is over.
As the implementation of this instrument has been delayed for six months, does the Minister agree that the Government's handling of it has been extremely clumsy and has caused further problems to local chemists' shops, which are now closing in record numbers?
The Government's handling of the order has been remarkably sensitive to general opinion. We have allowed representations to be made in order to ensure that the various professions are in a position to administer the order.
None the less, the Minister must accept that chemists' shops, particularly in rural areas, are still closing at too high a rate. Will he say whether he has yet managed to settle the claim for increased remuneration?
The hon. Members for the Isle of Wight (Mr. Ross) and Walsall, North (Mr. Hodgson) are under a misapprehension. There has been a remarkable and rapid reduction in the rate of closure of chemists' shops. The offer which my right hon. Friend has made to the pharmaceutical profession is designed to protect small pharmacies that were in danger of closing. We are carefully monitoring the outcome of that offer.
Physiotherapy And Chiropody Services
5.
asked the Secretary of State for Social Services whether he has any plans to introduce or expand visiting services for physiotherapy and chiropody.
Whether to introduce or extend community physiotherapy services is a matter for individual area health authorities in the light of local circumstances and availability of resources. As regards chiropody, guidance has been issued to health authorities advising them to examine the scope for more economical alternatives to domiciliary treatment which would not adversely affect the standard of service.
Will the Minister say whether there has been any examination of the cost of a domiciliary service and of the benefit that such a service might give, compared with the present residential treatment in hospital? Would not a domiciliary service free beds and be cheaper than the present hospital treatment?
We have recently had a report from the Health Service research unit at Canterbury on the subject of community physiotherapy services. We have circulated it to health authorities, and when we have their reactions we shall consider whether further guidance is necessary.
Is my hon. Friend aware that there is also a considerable shortage of physiotherapy services in hospitals in many parts of the country and that this is partly due to a lack of proper teachers for training courses? Despite the actions of the Opposition in recent days, can my hon. Friend help on this matter?
My hon. Friend has made an important point. My Department has drawn the attention of regional administrators to the importance of increasing output from the NHS physiotherapy schools, and we have suggested action that they might take to bring about this end.
Will the hon. Gentleman bear in mind the steadily increasing numbers of elderly people in our society and the pressing need to do everything possible to keep them fit and out of geriatric hospitals? Will he urge and help local authorities to provide chiropody services in day care centres and clubs for the elderly until we can afford the money and have the personnel to provide home visiting again?
There is a shortage of resources for the NHS, which provides the chiropody services. I take the hon. Lady's point that this is a way in which we could provide better services for elderly people. However, there is a shortage of State-registered chiropodists. We are doing our best to expand output in the training schools and we start new training schools from time to time, but these things take time. In the meantime, we have advised health authorities on ways in which they can effectively improve the existing standard of services within present resource constraints.
Home Visiting (Pensioners)
6.
asked the Secretary of State for Social Services what are the effects on home visiting for pensioners that have resulted, or will result, from cuts in staffing in the Department of Health and Social Security offices.
The supplementary benefit home visiting service for pensioners has been improved because more routine review visits will result from the reduction of the interval between these visits. New claims from pensioners are still being dealt with on visit.
Will my right hon. Friend bear in mind that, unlike the parties opposite which voted to cut taxes and now seemingly want to increase public expenditure at the same time, I am asking him to ensure that a large amount is spent on visits to old-age pensioners so that they can claim supplementary benefit? Will he ensure that there are no further staff cuts in these offices and note that it would be helpful if some of the cuts could be restored?
I understand my hon. Friend's feeling on this matter. He referred to the Opposition—
And the Liberals.
—and their attitude to public expenditure, but their irresponsibility has not yet finished because tomorrow night they will take it a stage further. I can assure my hon. Friend that pensioners are now being visited once every three years as opposed to once every five years previously, and I certainly take note of the need to see that pensioners and others are properly taken care of by our office.
As delays occur in connection with benefits—
How did the hon. Gentleman vote last night?
Despite the jeering of Labour Members, will the Minister pay attention to the fact that the cuts carried out by the Government three years ago caused a deterioration in services? What surveys have been carried out by his Department into the effect of those cuts and their impact on benefits?
The hon. Gentleman has not helped the Government very much in trying to replace the cuts, and it is right that my hon. Friends should respond as they have to the hon. Gentleman and his hon. Friends. We have carried out a survey and pensioners are being looked after by increased visits. Unemployed people are being called to the offices rather than being visited, and we are keeping the matter very much under review.
Does not the right hon. Gentleman consider that the supplementary question of the hon. Member for Bolsover (Mr. Skinner) proceeded on an entirely erroneous basis? Is it not a fact, as demonstrated in an answer given by the Under-Secretary last month, that the number of staff per 10,000 claimants has doubled in the last 12 years and that within that huge total there must now be room for staff savings without affecting the service to clients?
I remind the right hon. Gentleman that although the number of staff in the Department has increased, benefits and services have also increased under this Government. We must serve the public.
Pensioners (Christmas Bonus)
7.
asked the Secretary of State for Social Services whether he will now state whether he proposes to grant a Christmas bonus for pensioners in 1978.
No decision has been taken on this issue.
Does the Secretary of State accept that last year many pensioners were confused by hearing early in the year that there would not be a bonus and then, rather late in the year, having the Government introduce one? Can he undertake this year to give an early indication to pensioners of whether there is to be a bonus?
On the contrary, I think that pensioners were delighted with the news. It was a magnificent achievement that about 8 million people, most of them retirement pensioners, were able to get a sum before Christmas which enabled them to enjoy their Christmas and to enjoy it with others.
The Government do not need to take a decision too early. Certainly we shall take a decision well in advance, and, of course, it will be announced to the House.Does my right hon. Friend agree that, even if a Christmas bonus is paid, many pensioners are most anxious that it could be swallowed up by a substantial increase in the television licence fee? Will he undertake to have discussions with the Home Secretary to see whether a half rate or free system for television licences can be introduced for all pensioners living alone, as this would be warmly welcomed by all pensioners?
I shall discuss that with my right hon. Friend.
Skateboarding Accidents
8.
asked the Secretary of State for Social Services if he can give an estimate of the cost to the National Health Service of skateboarding accidents.
The Royal Society for the Prevention of Accidents has recently suggested that the cost of skateboarding accidents to National Health Service hospitals may be as much as £6 million annually. Towards the end of this year I am expecting from the home accident surveillance system fuller information on which to base an estimate.
Does the hon. Gentleman agree that those are very alarming figures in relation to a hard-pressed Service? Since prevention is better than cure, what practical steps does the Minister propose to take to try to reduce the number of accidents?
We wish to encourage all skateboard users to wear protective clothing and, as far as possible, to keep to areas specifically designated for skateboarding, away from roads and pavements. In addition, the Department of Prices and Consumer Protection has arranged for a skateboard safety code to be supplied to those who buy British-manufactured skateboards. It is a comprehensive document, and if the hon. Lady is interested I shall arrange for a copy to be sent to her.
I recognise that my hon. Friend is awaiting a report on the situa- tion, but can he indicate what sort of accidents are being caused and to whom?
I am most concerned by evidence from studies carried out here and in the United States which suggest that skateboard users are particularly vulnerable to head injuries and fractures of the lower limbs. Obviously, such injuries can have serious consequences for young people and they should be forewarned.
Vaccine-Damaged Children
9.
asked the Secretary of State for Social Services when he expects to make a statement on vaccine-damaged children, pursuant to the Pearson Report recommendations.
I ask the hon. Member to await my statement at the end of Questions.
I shall do that.
Dental And Optical Charges (Pensioners)
10.
asked the Secretary of State for Social Services what would be the net cost of abolishing (a) dental and (b) optical charges for all those over State retirement age.
Assuming no increase in demand, I estimate that the annual cost of abolishing dental and optical charges for those over State retirement age would be in the region of £4 million and £6 million respectively.
Will my hon. Friend accept that I understand the difficulties arising from what happened last night and that only hon. Members on this side of the House have a right to put Questions of this sort? Can he confirm, however, that it is still the Government's intention to abolish all Health Service charges? Would he not agree that a good start could be made with elderly people and that the sums he has indicated are not prohibitive? Would this not be far better than the present system under which only those on supplementary benefit and those who do not know that they qualify for low-income exemption, at £2·50 above supplementary benefit level, get any advantage? Will he look at this matter seriously with a view to exempting all retired people, who are the one section of the community who have no time to wait?
It remains our intention to phase out all NHS charges. We shall be giving continuing consideration to the possibilities of bringing about the course of action that my hon. Friend desires. However, I am not entirely sure whether it is the right way to start as there are a number of people over retirement age who are better off than many under retirement age. Nevertheless, I shall want to give consideration to that.
What steps will the Minister take to help pensioners who are being turned away by dentists who refuse to carry out treatment on them because it is uneconomical to do so?
We have put the dispute between ourselves and the British Dental Association to the Doctors, and Dentists' Review Body, and we hope that it will be able to make some suggestions that will help us to resolve the matter.
Does my hon. Friend realise that in "The Right Approach" the Conservative Party has said that it will substantially increase all charges in the NHS, although it was significant that in yesterday's debate Opposition Members did not put forward that proposal as a means of reducing public expenditure?
It is quite clear, as my hon. Friend indicates, that the way in which the Opposition hope to recoup the £370 million that they cost the Government last night is by imposing charges on the Health Service. That emerged during our debate a couple of weeks ago.
Will the hon. Gentleman take note that the information given by the hon. Member for Fife, Central (Mr. Hamilton) is entirely incorrect? Will he consider the possibility of achieving savings in the NHS in both specialties by altering the clerical machinery? Is he aware that the form filling that is involved in providing NHS spectacles for the elderly is cumbersome, complicated, bureaucratic and thus extremely expensive?
We are always reviewing the administrative procedures in the Health Service with a view to simplifying them. If the hon. Lady expects to save £370 million by reviewing and re-organising the administrative procedures of the Service, I think that she is looking for savings that are not there. What Opposition Members intend to do if ever they become the Government is on the record in the report of the debate which took place a fortnight ago.
One Parent Families
11.
asked the Secretary of State for Social Services what is his estimate of the latest number of children in one-parent families whose parents are dependent on supplementary benefit.
About 610,000 at the end of 1976.
Will my right hon. Friend ensure that the parents that he has mentioned, who are indisputably those in the greatest need, receive the full benefit of the child benefit increases announced by the Chancellor of the Exchequer in his Budget Statement? Does he accept that it would be disgraceful if the fact that child benefit levels are soon to be above supplementary benefit rates were to be used as an excuse to deprive parents of their full entitlement to supplementary benefit?
It is not an excuse. The purpose of raising child benefit to the level that it has been raised by the Government is to take people off supplementary benefit. If not, we would be paying two benefits to the same person for the same issue. We note seriously what my hon. Friend has said, but it would be our desire eventually to raise child benefits to a level higher than the dependancy allowance, or to the same rate.
Will the right hon. Gentleman confirm that many divorcees are not obtaining their rightful maintenance from their ex-husbands, which is putting intolerable strains on the social security system? What does the Secretary of State intend to do to rectify this sad and unfair situation?
I think that the hon. Gentleman and the House will recognise that it is an extremely difficult job collecting the payments. The Department spends a great deal of time doing so and has a great deal of success, but obviously the success is not 100 per cent. In the meantime supplementary benefit will, quite rightly, have taken care of these parents.
In view of the Minister's comment about the complications of supplementary benefit, is he able to tell us when we may expect publication of the review by the Supplementary Benefits Commission, which we hope will go some way to clarifying an increasingly confused benefit situation?
My right hon. Friend and I have the review before us and it is hoped to publish it some time in June.
Mobility Allowance Claimants
13.
asked the Secretary of State for Social Services if he will make regulations to allow the initial assessment for mobility allowance to be carried out by the claimant's family doctor.
The independent medical practitioners on whose advice the insurance officer makes the initial decision, are, in fact, normally family doctors who live near the claimant's home. The aim of concentrating the work of initial assessment on some 1,000 selected general practitioners is to build up expertise and to achieve consistency of assessment between cases. It is, of course, open to any claimant to put in supporting evidence from his own doctor if he wishes to do so.
I thank my hon. Friend for that answer. Does he accept that the claimant's own family doctor is no less independent than any other family GP, and is more often aware of the difficulties of the claimant? Would it be in order for the claimant, when he makes application for mobility allowance, to make a request for his family GP to make the assessment? How many people are presently in receipt of the mobility allowance?
I am aware that what my hon. Friend suggests will be supported by many others. At the same time, many family doctors would not welcome being asked to make any obligatory or definitive judgment on their patients' entitlement to mobility allowance as that could well put a strain on doctor-patient relationships. I am glad to have in mind what my hon. Friend has said, and I shall consider any case that is of concern to him. Over 72,500 claims for mobility allowances have now been accepted.
Is the hon. Gentleman aware that any movement and any step that he can take to involve the GP in a greater and larger responsibility for health care and decision making will relieve the pressure on more expensive facilities in hospitals, for example? Will he remind his right hon. and hon. Friends in the Department of that point?
I am well aware of the importance of community care and of the importance of the general practitioner in that context. As I said in my original reply, the family doctor can have an important place in the process for claiming the mobility allowance. I shall have in mind what the hon. Gentleman has said, but I hope that he will appreciate that we have placed a high premium on community care since we have been in power.
Is my hon. Friend aware how much the mobility allowance and the proposed Motability scheme is appreciated by the disabled? It will give many of them the independence that they have not had in the past. Is he also aware that, because of the help that has been given by the Government, more and more of the disabled are contemplating buying a car but are finding it extremely difficult to get driving lessons in an adapted car before they make this extremely important decision? It seems that private enterprise driving schools are not meeting the need. I appeal to the Government to do what they can.
I am grateful to my hon. Friend. He may like to know that we are in the process of increasing fivefold our expenditure on outdoor mobility help for the disabled in driving instruction. My hon. Friend has been in touch with me about a certain case and he has done a great deal to draw attention to the importance of adequate driving instruction for disabled drivers. I know that Motability is now aware of the points that he has made. I shall keep in close touch with any developments.
Is it not true that the British School of Motoring has already offered to Motability some specialised help to ensure that all those who can avail themselves of a car through Motability will have the driving instruction? Is that not worth while?
Motability is in touch with the British School of Motoring. I am familiar with what the British School of Motoring wants to do. It is not for me to make any announcement for Motability, but I know that the hon. Lady, with her colleagues and my colleagues, is keeping in close touch with developments in this area.
Supplementary Benefit (Pensioners)
14.
asked the Secretary of State for Social Services how many pensioners will be dependent on supplementary benefit in 1980.
16.
asked the Secretary of State for Social Services how many pensioners will be dependent on supplementary benefit in 1980.
We estimate about 2·1 million, including dependants and assuming the present level of take-up.
I thank the hon. Gentleman for the figures. They show an increase over today's figures. As a consequence of that, and because of the disappointing figures that they represent in future, has the hon. Gentleman considered any future or alternative schemes to help to reduce the list, such as a tax credit scheme?
I must correct the hon. Gentleman on his first point. The December 1976 figure represents 22 per cent. of pensioners, and our estimate assumes no significant change by 1980. As for the second part of his supplementary question, the new pension scheme will progressively take more and more pensioners off supplementary benefit. Although we have already stated that we have no objection in principle to tax credits, the further development of a tax credit scheme is not a high priority compared with other developments in benefits in the area of taxation.
Do not the figures that the Minister has given to the House make complete nonsense of the Government's statement about reducing the number of pensioners on means-tested benefits?
Not at all. Our aim is to get pensioners off means-tested benefits. The new pension scheme will do just that. The fact that by 1980 the numbers will still be roughly the same as they are today is no fault of the new pension scheme, which builds up over 20 years. By the end of that period, there will be very few on supplementary benefits.
Does my hon. Friend agree that if by strange mischance the Tories are returned to power, the number of pensioners on supplementary benefits in 1980 will be much greater, bearing in mind that ruthless cuts in public expenditure hurt pensioners more than anyone else?
That is a matter of opinion. I share my hon. Friend's opinion that the Conservative Party, in order to cut public expenditure, must tackle the problem of social security benethere will be very few on supplementary public expenditure, the vast bulk of which goes on pensioners and dependants. I do not know how it will get out of that difficulty. It will have to answer to the electorate during the General Election campaign.
Perhaps the hon. Gentleman will recognise that his rather cavalier dismissal of the tax credit scheme will deprive the Government of what could be the biggest single step to reduce means-testing of pensioners, in that if we had a tax credit no bigger than the tax allowance up to 1 million pensioners could be taken out of the supplementary benefits scheme. If this Government are not prepared to do it, will they make way for a Government who are?
First, it would involve additional public expenditure. Secondly, and just as important, there would be acute practical difficulties. My Department would have to employ about 3,000 extra staff to pay the 8 million pensioners. We make 100 million payments a year. We would also probably need further staff to check on each £1 of income even for odd jobs that pensioners were doing. Leaving aside the problem of finding the resources, I do not think that the practical difficulties will be overcome until the mid-1980s, when both tax records and local office benefits will have been computerised.
Hospital Nursing Staff
15.
asked the Secretary of State for Social Services whether he is satisfied with the level of nursing staff at hospitals.
The number of nurses in hospitals increased nationally by some 23 per cent. between 1971 and 1976, and the proportion of qualified staff has been maintained at approximately 47 per cent. There are, of course, local variations in nurse staffing levels, and I shall not be satisfied until major variations have been ironed out. Even taking into account changes in leave and hours worked, the national increase in hospital nurses represents an encouraging improvement.
Is my right hon. Friend aware that staffing levels are falling so dangerously that one hospital is refusing to admit patients because it is concerned for their safety? Why are hospitals allowed to employ only so many nurses when at the last count there were at least 5,000 unemployed qualified nurses in this country?
It is not true that staffing levels are getting worse. They are getting better. It is also not true that there are 5,000 unemployed nurses. The figure is now below 4,000, and there is an increasing number of vacancies. The additional funds made available for the National Health Service in the Budget announcement, will lead to about 5,000 new nurses being taken on. Throughout the period of this Government we have seen a steady increase in the number of nurses in the National Health Service and in the ratio of nurses to patients.
In view of that answer, will the Secretary of State tell us what his reply was to the secretary of the Royal College of Nursing when she recently said that nursing levels were at a dangerously low level and that staff morale was lower than had ever been known?
The Royal College of Nursing and others who represent nurses always want to see an improvement. I, too, want to see an improvement. This is a question of public expenditure, and I am not going to take lectures from the hon. Gentleman about increased public expenditure.
What will be the effect on the morale of the nursing profession, which has stuck rigidly to the pay guidelines, of the foreshadowed 28 per cent. increase in doctors' incomes, particularly when linked to the new consultants' charter which has been described as a moonlighter's charter?
The second description of the new consultants' contract, or the contract that is now open for ballot by the consultants, is absolutely wrong. No statement has been made about the Doctors' and Dentists' Review Body's report. The House will have to wait for that.
Prime Minister (Engagements)
Q1.
asked the Prime Minister if he will list his official engagements for 8th May.
In addition to my duties in this House, I shall be holding meetings with ministerial colleagues and others. I shall also be meeting the northern regional council of the TUC.
Will my right hon. Friend take the opportunity today to give an assurance that neither he nor the Government will be deflected from continuing the fight against unemployment and inflation by the kind of cynical opportunism which was displayed by the Opposition last night? Will he give a further assurance that, if there are to be further Budget measures, the emphasis will be on increasing public expenditure and, therefore, creating jobs and not upon tax cuts for the rich, a large proportion of which goes into imports?
Yes, I give my hon. Friend the assurance for which he asked in the first part of his question. Concerning tax cuts, my right hon. Friend the Chancellor thought that he had gone as far as was prudentially correct, but the Opposition behaved with their usual irresponsibility last night. Clearly, the Government have to accommodate that as best they can. The Chancellor said that he would have to see how the situation developed. There are many uncertainties in the financial situation at the present time. But, if it is necessary for my right hon. Friend to take further steps, he will have to do so. In the meantime, I note that once again the Opposition seem to be reverting to the fiscal irresponsibility that they showed between 1972 and 1974.
If the Prime Minister thinks that 33p in the pound as the basic rate of income tax is irresponsible, why does he not take the only course possible to change that basic rate—namely, to put down an amendment on Report to reverse the decision and to treat that amendment as a matter of confidence?
You put it down, if you dare.
That is a very interesting and extremely ingenious suggestion, which is what I expect from the right hon. Lady. I shall give it very careful consideration.
When my right hon. Friend meets the northern regional council of the TUC this afternoon, will he explain that he fully understands that the real reason for unemployment in the region is of a structural character and that it can be put right only by public expenditure in the region? Will he further explain how the policy of the Opposition, including the Leader of the Opposition, could only damage that prospect?
It is clear that some of the older industrial regions, such as the North-East, the North-West, Scotland and Wales are having serious structural problems because of the decline of traditional industries, such as shipbuilding, steel, textiles, clothing and others. I think that this is well understood by the trade unionists who will be coming to see me, but, with respect to my hon. Friend, I think that they will be more concerned to discuss the ways in which we can get into the 1980s by means of fresh training for skill and bringing in new industries than to discuss the nostrums of the Opposition.
Has the Prime Minister got time today to accept my congratulations on setting up an early warning system controlled by MI5 and the counter-espionage section of MI6 to combat growing Communist influence within the Labour Party? If he is prepared to use public money for this particular purpose, will he make sure that the results are also made public?
Congratulations to me from the hon. Member for Cirencester and Tewkesbury (Mr. Ridley) are rather like snowflakes in July. I am happy to accept congratulations on every occasion, but I fear that they will have to be on something a little more tangible than the fragile hypothesis on which the hon. Member framed them on this occasion.
Silvertown
Q2.
asked the Prime Minister if he will make an official visit to Silvertown.
As my hon. Friend knows, I visited Silvertown last year, but I have at present no plans for a further visit.
Does my right hon. Friend recall that Silvertown is in the middle of the Royal Docks, which, together with the West India Dock, the Port of London Authority now wishes to close? Is he aware that their closure would have a colossal impact on life and work in East London?
Notwithstanding the views of the PLA, can my right hon. Friend give an assurance to East Londoners that as part of the Government's inner urban policy, which is supported by the Opposition, they will examine every possible means of seeing how far these facilities can be maintained and used usefully so that they have a positive influence on the whole of the port and the whole of East London? Does he agree that any commercial criterion is doomed to failure because Continental ports receive support from their States and towns, which Londoners have never had?I agree that the closure would have a serious effect. Docks have been closed in the past and, no doubt, will be closed in the future. But we must not underrate the effect of closures of this kind upon the life of the community.
I certainly undertake that the Secretary of State for Transport will examine every possible means of using these facilities for their present purpose or, alternatively, of finding new uses for them. Commercial criteria must be the test against which facilities of this type are used. There will be no long-term future for this country if we continue permanently to subsidise facilities for which there are no uses. First, the chairman of the PLA must satisfy my hon. Friend and the Secretary of State for Transport about the prospects for these docks.If the Prime Minister is unable to visit Silvertown, is there any prospect of his visiting a tin village in my constituency?
Order. The hon. Member knows better than that.
Will the Prime Minister change his mind and go to Silvertown? Will he explain to the people of Silver-town how he feels about being Prime Minister of a Government who cannot command a majority in the House even for fixing the standard rate of tax? Is it not time that he decided whether he likes office too much to have the decency to confess that he is no longer in power?
I should be happy to go to Silvertown. If the hon. Member went there with me, he would find that I received a better reception than he. I agree that the present situation is not satisfactory. That is why, whenever the call comes, I shall go for a clear majority for a Labour Government whenever I think it appropriate.
Opposition Leaders And Whips (Salary)
Q3.
asked the Prime Minister whether he will review the provisions of Schedule 2, part I, of the Ministerial and Other Salaries Act 1975.
The Government at present have no plans to review the provisions of Schedule 2, part I, of the Ministerial and Other Salaries Act 1975.
That schedule fixes the annual salary of the Leader of the Opposition at £9,500. [HON. MEMBERS: "Too much."] Does my right hon. Friend agree that since the present holder of that office has intervened on 294 occasions at Question Time and only six or seven of her questions could be described as positively constructive, if her salary is to be reviewed she is not eligible for a productivity bonus?
The Review Body on Top Salaries said that our parliamentary system required a strong and effective Opposition. I think that the righ hon. Lady earns every penny of her salary, considering that she is so much a one-man band.
Is that not one more man than the Government have got?
I must say that on this occasion I should be willing to overlook the lack of productivity if only we could have an improvement in the quality of the questions.
Prime Minister (Engagements)
Q4.
asked the Prime Minister if he will list his official engagements for Tuesday 9th May.
I refer the hon. Member to the reply which I gave earlier today to my hon. Friend the Member for Ormskirk (Mr. Kilroy-Silk).
Could the Prime Minister find time today to study the results of the council elections in the London borough of Hillingdon, in which the Labour Party was smashed? Is he aware that one of the reasons for this debacle was the refusal of his party to sell council houses to the tenants who wished to buy them? Will he now instruct the Secretary of State for the Environment to take early steps to increase the discount which should be available to my constituents to buy their own homes, as a result of that election?
I shall pass on the hon. Member's suggestions to the Secretary of State. I do not know know whether it involves yet another increase in public expenditure. If it does not, that will at least help to salve some of the fiscal irresponsibility shown by the Opposition last night. I am quite happy to take last week's election results for what they are, if the hon. Member is.
I understand the irrelevance of the previous question, but will my right hon. Friend seriously consider using his tremendous influence in the country during the next party political broadcast on behalf of the Labour Party to explain to the people what effect last night's amendment will have on the poor and the rich?
It is well known that last night's amendment can have no effect for the millions of people who do not pay the standard rate of tax, but, naturally, it helps everyone who pays the standard rate. If the amendments that we are still to discuss are passed, that will not only increase the irresponsibility of the Opposition but will increase materially the difference between the poor and the rich.
Will the Prime Minister consult the Foreign Secretary in view of the report on the tape that one of the Falkland Islands has been occupied by the Argentine? Will he arrange for the Foreign Secretary to make a statement tomorrow?
Yes, I shall be consulting the Foreign Secretary about this matter. I understand that a protest has been made about the occupation of this island, which clearly is within the sovereignty of this country. I understand that the island is several hundred miles from the Falkland Islands, that it was unoccupied and has been occupied by what is said to be a scientific party. Clearly this is a serious matter. I shall certainly ask the Foreign Secretary to consider what the right hon. Member says.
Will my right hon. Friend take time off today to listen to the broadcast after the Cup Final on Saturday, which the Leader of the Opposition attended as part of her one-man duties? Is he aware that when she was asked who the man of the match was, she said "The good-looking, blond-haired No. 10 for Ipswich, Trevor Whymark". who was not even playing?
Vaccine-Damaged Children
With permission, I shall make the statement on payments for vaccine damage referred to by my right hon. Friend the Prime Minister on 16th March. My right hon. Friends the Secretaries of State for Scotland, Wales and Northern Ireland wish to be associated with what I am about to say.
The House will recall that last June the Government accepted in principle that there should be a scheme of payments for those seriously damaged by vaccination which has been recommended in the interests of the community. The details of the scheme could not be settled before we received the Report of the Royal Commission on Civil Liability and Compensation for Personal Injury. The Royal Commission has recommended, first, that in future there should be strict liability in tort for severe damage suffered by anyone as a result of vaccination which has been recommended in the interests of the community; and, secondly, that there should be a new weekly benefit for all seriously disabled children whatever the source of their handicap. These and other recommendations are being considered carefully by the Government. But this is bound to take time and, in view of the clear undertaking we have given in respect of vaccine damage, the Government have decided to bring forward urgently a scheme of payments. The scheme will provide for the payment of a lump sum of £10,000, tax-free, in respect of those, whether children or adults, who have, since 5th July 1948, been severely damaged as a result of vaccination which has taken place in the United Kingdom against diphtheria, tetanus, whooping cough, poliomyelitis, measles, rubella or tuberculosis (BCG), or smallpox up to the date when its routine use ceased to be recommended. In the interests of speed and ease of of administration we shall accept, as the initial, but not the exclusive, criterion of severe damage, the receipt of attendance or mobility allowance for conditions which could be attributed to vaccine damage. Decisions whether the severe damage was due to vaccination will be made on the balance of probabilities. There will be a right of appeal to an adjudicating body, made up of two medical specialists and a legal chairman, which would be fully independent. The scheme will cover existing cases and any which may occur while it continues in operation. But I want to stress particularly that the fact that we are bringing it forward does not in any way pre-empt the decisions which we shall in due course have to make on the recommendations of the Royal Commission as a whole, and that it will not prejudice the rights of those who have suffered damage to take action in the future. Unfortunately, there is no prospect of parliamentary time in this Session for a Bill to cover the scheme I have outlined. However, we are determined to help these children and their families as quickly as possible. The payments will therefore be covered, in the first instance, by a new Vote sub-head in the summer Supplementary Estimates and a Bill will be brought forward as soon as parliamentary circumstances permit. The cost will of course depend on the number of awards but if that number were to turn out to be something like 700, it would be £7 million, spread over this and succeeding financial years. The Vote sub-head procedure, and the simplicity of the scheme itself, will enable payments to be made as early as possible to families who have already had a long wait. While finalising the arrangements and processing claims will inevitably take some time, we shall do our best to start making payments before the end of this year. I am sure that the whole House will welcome this announcement, which implements the Government's pledge to that small minority of families who, in seeking protection from disease for their children and the community at large, have suffered such tragic consequences.I am sure that I speak for the whole House in saying how much we welcome the right hon. Gentleman's statement. It recognises what a terrible personal tragedy vaccination damage is for the families involved, and it is right that the Government should accept some responsibility for helping over this situation.
We welcome particularly the fact that the right hon. Gentleman is proposing a small panel which can act speedily. None of us would want to see a repetition of the frustrations and delays experienced by the thalidomide children. Will the Minister consider whether a fixed amount of money is appropriate in these cases? In many cases this is likely to be less than the child would receive if he went to court. It is certainly a good deal less than the majority of children in the thalidomide cases have received. In addition, a fixed amount bears no relation to the future needs of individual children, which may be very different depending how severely affected they are and what their various life requirements are. Finally, will the right hon. Gentleman give an assurance that the Government will provide time for a full debate on the whole of the Pearson recommendations, because this is a very important report?I am grateful to the hon. Gentleman for welcoming the statement. I am certain that the whole House is pleased that we have been able to make this offer. I agree that nobody should underestimate the tragedy for these children and their families, the strain on all concerned, and the courage of the parents who have had to bear this responsibility.
I agree that we must act quickly. This is why we have brought forward a scheme which basically is simple. If we had a scheme of graduated payments, it would be more complicated, with more administration, and we should not have been able to proceed so quickly, and I doubt whether we could undertake it by this method. I do not accept that this is a scheme of compensation. Therefore, the thalidomide settlement, or the current level of awards by the courts in common law for negligence in non-vaccine damage cases, does not in any way create a precedent. I emphasise that this is not a compensation settlement. If most of the parents felt that this would deny them the right at some future stage to proceed by the courts or in any other way, they would feel that this was not the way to go about the matter. I give the assurance for which the hon. Gentleman asked that there will be an opportunity to debate the Pearson Report. I certainly cannot say when that will happen. I think the House will probably want to do so at a time when the Government can come forward with some positive proposals.Is my right hon. Friend aware that I welcome the payment of £10,000 as an interim measure, but that sum is only about three years' average earnings in respect of children who are irretrievably damaged for life?
In addition, the Pearson Commission, the implementation of whose recommendations the children have been told to await, recommended strict liability. I have been told by an outstanding actuary that if the children were subject to strict liability they would be awarded £115,000 or if inflation-proofed, as the Royal Commission recommended, they would receive about £250,000. Will my right hon. Friend consider introducing a viable scheme for all vaccine-damaged children as soon as possible, including those already affected? Secondly, will he undertake to introduce a no-fault liability scheme for all disabled people, including children and adults?My hon. Friend will recognise that one reason why the Government have come forward with this £10,000 cash grant now is that it clearly will take time for the Government to reach their conclusions on the many important recommendations put forward by the Pearson Commission. I wish to make it clear that nothing I have said will pre-empt decisions which the Government still have to take on Pearson, and nothing I have said or any decisions taken will prejudice the rights of those who will receive a lump sum payment from taking action in the future. My hon. Friend should not underestimate the help that £10,000 tax-free will be to some people who for many years have had no assistance at all. I believe that they will see this as a way in which the community as a whole has sought to share a responsibility for the hardship that has fallen upon them.
Is the right hon. Gentleman aware that he was right to stress that this is not compensation, because no money can ever compensate parents if this has happened to their children? We understand the difficulties that the Government face and welcome his statement.
Is the right hon. Gentleman further aware that there has been an increase in the number of people who think that they will qualify because they have identified in their own minds the problems of their children with vaccine damage? Does he appreciate, therefore, the urgent need to set up a monitoring system so that parents, with the assistance of their medical advisers, can be as near as possible certain whether they qualify for the payment? The right hon. Gentleman referred to a small body which is to conduct these investigations. Is he satisfied that one small body—presumably based in London—is the best way to do it? Will he consider having this body available to move around to certain regional centres, or perhaps having other regional bodies charged with similar responsibilities, so that the problem can be dealt with as speedily as we all want it to be?I could not say how many will qualify. I made my estimate. It could be no more than that. It might be 700, but it might be fewer or more. I have no doubt that there will be applications from people who are unlikely to qualify, but it is my conviction that the majority of the cases likely to benefit will be of people who are in receipt of mobility allowance or attendance allowance, although I made it clear that that would not be the only criterion. I shall make a further statement when the details have been worked out.
The hon. Gentleman asked me about the panel. It is an independent expert adjudicating body but it comes in at the appeal stage. The majority of the decisions will be taken within my Department in the way in which very many are, and some of them may not take a great deal of time. It is the difficult ones and those on appeal that will go before the judicial team of three.Why should those who were compulsorily vaccinated as children during the last war be excluded from the scheme?
I think that many people would say how remarkable it is that the Government have decided to go back 30 years, to the beginning of the National Health Service. Many people had expected that we would go back only to perhaps the beginning of the 1960s, but we felt it proper that we should go back to the beginning of the NHS. That will mean that some of the applications dating from vaccination in the earlier days will be difficult to prove, and therefore the questions of probability and doubt are questions that we shall simply have to take on board. But to have gone further back than 1948 would have been quite unreasonable.
The country as a whole will appreciate greatly what the Government are offering these unfortunate children, with the possibility of more to come. However, will my right hon. Friend ensure that this whole matter is kept in perspective and indicate that the diseases of diptheria; whooping cough, tuberculosis, measles and other very serious infections of childhood are by no means conquered, that the risks of serious developments from vaccination and innoculation are extremely low, and that parents in general should not hesitate to have their children protected against those diseases against which they can be protected?
I am grateful to my hon. Friend for this comment, particularly as it comes from a qualified practitioner. Although this scheme is basically designed to help the children and the families who have suffered as a result of vaccination. I think that it is really in support of vaccination policy. Nothing has had a greater effect on the health of our people than the vaccination policy over the last 30 years, although in the case of some vaccines a shorter period than that.
My hon. Friend is right to point out that the number of children, tragic as it is, who may be able to benefit from the scheme is a minute proportion of the tens of millions who have been vaccinated against these diseases. He is right to warn us, too, that some of these diseases are still with us. That is why the Government have not changed their policy in relation to vaccination.Is the Secretary of State aware that this minute proportion to which he is referring—some 700 children, some of them adult now—have virtually paid with their lives, and that quite a lot of us feel great dismay at the small figure that he has offered in compensation or as an initial payment? I am grateful to him for that initial payment, but I share a great dismay that it is so small, because the parents of the children concerned responded to a national call for better health care, and unfortunately their children have suffered. I agree with the hon. Member for Stoke-on-Trent, South (Mr. Ashley) that a much bigger figure must be offered by this House in generosity.
I am disappointed by the hon. Gentleman's approach to this matter. The problem has been with us for many years. This Government have been the first Government ever in the United Kingdom to come forward—indeed, as far as I know, we are the first Government in the world to do so—and embark upon a scheme like this.
The second point that the hon. Gentleman must recognise is that this is not a compensation scheme, as I made clear. This is not saying, "This is the end. We are wiping the slate clean". This is some way in which we can help these people now, and I do not think that anyone ought to say that it is a small sum. For those who urgently need help the £10,000 will help the families and the children.I welcome what my right hon. Friend said about the financial help for the children, but would he not agree that there is still considerable doubt among a small section of the medical profession about the efficacy and safety of the whooping cough vaccine? Bearing in mind what he said about the difficulty of proving the cause of brain damage, will he give an assurance to the House that he will consider the evidence on vaccine brought forward by Professor Stewart, of Glasgow, and Dr. John Wilson, of Great Ormond Street Hospital, before he advocates any further use of it?
The House and the public will know that the joint committee on vaccination and immunisation, which includes the most distinguished experts and which advises the Secretary of State, had before it all the evidence. I particularly asked some months ago that it should have brought before it the most up to date evidence. That has been done. It has examined the evidence and has seen no reason to change the conclusion that it has reached. That conclusion continues to be unanimous, and it was spelled out by Sir Charles Stuart-Harris as recently as 25th April in his speech to the Royal Society of Health Officers.
rose—
Order. I propose to call only those hon. Members who have been standing up to now, unless the Front Bench wishes to intervene.
Will the Secretary of State confirm that he realises that in many cases parents will find it very difficult indeed to obtain the medical records of events that took place a number of years ago? I greatly welcome his announcement, for my part, but can he give an assurance that the panel will look sympathetically at those who have been unable to obtain the records despite having made every possible inquiry?
I fully recognise that some cases will be difficult to determine and that the further back in time one goes, the more difficult it will be. We propose to deal with the cases on the balance of probabilities, as I have said, and of course the balance must be swung in favour rather than against. Again as I have said, there will be the independent expert adjudicating body at the appeal stage. We shall look very sympathetically at all the cases.
Is my right hon. Friend aware that many of us who have been called on to deal with this kind of case know the complexities and congratulate him on at least something? Could he reflect, however, that the balance of probability is very difficult, particularly as the Government have chosen to go back to 1948 and, in some cases, records are difficult to obtain? Is there not a case for reflecting further on the possibility of graduated payments, difficult though this might be, to meet at any rate the need of some of the older cases?
I greatly respect the sincerity with which my hon. Friend puts forward his argument. I have considered this matter very carefully indeed. I believe that to follow his suggestion would mean having much more complicated legislation. It would begin to look like legislation which was designed to produce a final compensation for these children. These are matters which have been dealt with by the Royal Commission and on which we must await the Government's conclusions. The case for getting something quickly into the hands of the families concerned is, I think, over- whelming, and it can be done only with a system which is absolutely simple.
I recognise that the lump sum in the hand immediately is the right thing in the circumstances, but will the Secretary of State reassure the House that there will be no snags to this? I hope that some of the benefits of the scheme will not disappear because after a family has received the £10,000 supplementary benefit is reduced. Will the Secretary of State also ensure that the group of people concerned will not in any way be inhibited in relation to the receipt of any future weekly benefit which may accrue to disabled children?
In answer to the last part of the hon. Gentleman's question, I point out to him that I have said that the decision does not prejudice the right of those who will receive a lump sum payment to take action in the future. As the Government have not yet announced their conclusions on the Pearson Report, it would be very difficult to go further than that.
I wish that I could give an assurance that there will be no snags. I know that there will be problems, but we shall seek to resolve them.Will my right hon. Friend accept that the welcome which has been expressed in all parts of the House will be widely echoed throughout the country? He is to be congratulated on his statement.
With regard to the further consideration that my right hon. Friend is to give to these matters, will he say whether compensation for children damaged by hormone pregnancy testing is among the matters to which he is bending his mind? Is he in a position at the moment to say anything further about this question or to give any indication of the way in which his mind is moving in the matter?Frankly, I prefer not to say any more. I do not want to go into the details of proposals that were in the Pearson Report. Less still do I want to go into proposals that were not in the report. It would be unwise to comment further.
Will the Secretary of State recognise that many parents will want to invest the money in order to provide some continuing income to cope with the continuing problems? What will be the tax position on that income? Will it be treated as the income of the children or as the income of the parents? Will it be subject, in relevant cases, to the full weight of the investment income surcharge?
I shall have to ask the hon. Gentleman to put down a specific Question or to write to me about it. I do not want to get it wrong.
My right hon. Friend, while appreciating the warm welcome given to his statement, and taking note of the expressions of opinion on this very tragic matter, may also have noted the rank hypocrisy of the Conservative Party in asking for expenditure on this scale while at the same time inhibiting the ability of the Government to meet their commitments? Was not this shown by the irresponsible and hypocritical action of the Conservative Party last night?
I think that I made some comment on this during Question Time. I should not like at this stage to break the harmony of the House on the subject dealt with in my statement.
Is the Secretary of State aware that paragraph 1406 of the Pearson Report states:
Whatever the Secretary of State's good intentions, is not that exactly what he has done this afternoon?"We do not think it is right to try to distinguish one severely disabled child from another, and to produce a situation where two children have the same needs, but one is compensated and the other is not."
No, because that paragraph related to the Pearson Commission's proposal for a continuing benefit. This was a proposal that there should be a new non-taxable disability income of £4 a week for all severely handicapped children, payable from two years of age, in addition to child benefit, and so on In this context there is no intention in the statement I have made today of presuming that the recommendation in chapter 27 of the Pearson Report will be accepted or otherwise. It would be very unlikely that the Government, if they were to introduce a benefit of the sort proposed—and I cannot commit them—would wish to discriminate in cases of handicap as between one child and another.
Is the Secretary of State aware that several families in my constituency with vaccine-damaged children will warmly welcome his statement this afternoon?
Will the Secretary of State tell the House what steps he proposes to take to ensure that the payments will be used exclusively for the benefit of the victims concerned? Will he, for example, give any indication whether the money will be paid in straight cash terms or whether it will be invested in some sort of trust? What steps will be taken to ensure that the children concerned will benefit throughout their lifetime? That is a very important part of the whole payments scheme.In most cases a proportion of the money will be paid into a trust. I prefer to give the details of this when, as I promised, once all the details have been worked out, I make a statement for the benefit of the House and the parents who need to claim, giving a detailed explanation. It will include precisely the question that the hon. Gentleman has raised, because it is important that we should ensure that the money is available for the children. But one part of it is to help the families that look after the children. We have to look carefully at what proportion should go into a trust exclusively for the children and what proportion should be used by the parents who have to bear the burden of the day.
In discussing the relationship of the award to the overall position of the Pearson Report, the Secretary of State said that he did not wish to debate the Pearson Report until the Government were ready to bring forward their own proposals. Would it not be a good idea to have a debate now, so that all the points aired on each side of the House today could be taken into consideration by the Government in forming their proposals?
My right hon. Friend the Leader of the House has heard what the hon. Gentleman said, but certainly it cannot be held today.
I do not endorse the criticism of some hon. Members, on each side of the House, of the Secretary of State's scheme, which I think is a very fair one. Will the Secretary of State reconsider his statement to the effect that no other country has introduced such a scheme? I am not going into the political nature of the Government's concerned, but I believe that Denmark, Germany and France have also gone some way towards making this sort of provision. Perhaps the Secretary of State spoke with some heat because of the criticism which had been made.
As a supporter of the Secretary of State's scheme, may I ask him whether he would care to amend his remark about the balance of probability, which will not mean much, I feel, to the ordinary person in this country? Does he mean that, in the event of an argument, the balance of doubt will be in favour of the applicant?I sought to say something of that sort but, of course, we shall have to produce guidelines for those who have to take decisions. I shall have no hesitation in publishing them and letting the House know about them.
Will the right hon. Gentleman come back to the point made by my hon. Friend the Member for Wells (Mr. Boscawen) about supplementary benefit, as I do not think that it was answered? Will the possession of the sum of £10,000 be taken into account by the Department in calculating the continuing entitlement to supplementary benefit of any families who may at present be getting that benefit?
I should want notice of that question, but I shall write to the right hon. Gentleman as quickly as I can to give an answer.
Northern Ireland Committee
Ordered,
That the matter of the Proposal for a draft Rent (Northern Ireland) Order, being a matter relating exclusively to Northern Ireland, be referred to the Northern Ireland Committee.—[Mr. Foot.]
Trade Unions (Allocation Of Political Funds)
3.58 p.m.
I beg to move,
In essence, the amending Bill would allow the individual to choose to which political party the political proportion of his trade union levy is donated. I ask this for two very basic and simple reasons. The first is the fundamental right, in this still democratic country, for the individual to have freedom of choice—in this case the freedom to choose the direction of the political proportion of his trade union levy. The second reason is to bring about a greater flow of understanding between political parties, the trade union movement and trade union members. I say this especially because I believe that there is a growing feeling amongst rank and file trade unionists that the trade union movement is tending to become not only establishment-oriented but a mere extension of the Government of the day. This is causing a consequential loss of independence of action and an increasing drift away from a basic tenet of the trade union movement, which is to protect and preserve the rights of the individual against unfair or unjust demands, be those demands be made by an individual employer, a company or the State itself. As the law is at present, political funds must be kept separate from union funds and, naturally, only members paying the political levy may vote on matters concerning those funds. Initially, I was very attracted to the line of thought that trade unions should have no political levy at all and be completely free and independent agents representing solely their members' best interests. With already one-fifth of the entire trade union movement having opted out of paying the political levy, and given the maintenance of the present rate of contracting out, this in practice could become a reality—a reality which brings with it a narrowing of the decision base within a union, which in turn means a movement away from the trade union movement's greatest asset, that of unity. I submit that if the opportunity were given to the individual to choose any political party for the receipt of his contribution, it would lead to a far greater involvement and interest in trade union affairs. Participation leading to unity of action is the strength of the trade union movement, as I well remember when I worked on the production lines of a very large factory. These strengths can flourish and grow only if more and more members become concerned with the day-to-day activities of the trade union movement. In turn, the trade unions have to reach agreements and bargains not only with employers but also with political parties of various persuasions. What better indicator could there be to both politicians and union leaders that the individual trade union member's view was represented by where he placed his contribution and not where he was told to place it? I should like to have restricted the payment of these contributions only to parties represented in Parliament, first, so that such contributions could have a direct and immediate form of representation and, secondly, and possibly more importantly, to ensure that the extremist organisations of the Left and Right did not benefit. But to do so would mean in turn an abrogation of that basic right of freedom of choice which this Bill seeks to introduce and defend. Greater influence and understanding between political parties and the trade union movement can be brought about only if there is genuine understanding on all sides of the composite views of the individual members. As more and more people join the trade union movement—an action which I encourage but certainly do not wish to compel—it is essential that everyone knows the groundswell of political opinion of union members and, equally important, that the individual knows that his views can help influence Government policy as well as that of his own union. If this Bill becomes law, I foresee a situation where the movement of the relative positions of the contributions to each party will be regarded by pundits as the most reliable indicator in assessing the effectiveness of various political policies. As more and more people join trade unions, it becomes a "must" that the trade union movement has independence of thought and action with which to represent its members. This Bill seeks to achieve that, and I know that it will be supported by right hon. and hon. Members who believe in the principle of freedom of the individual and freedom of choice and that it will be opposed only by those who wish to bend the trade union movement to their own special purposes.That leave be given to bring in a Bill to amend the Trade Union Act 1913 in relation to the application of funds for certain political purposes to enable any member of the union to nominate a political party of his own choice to receive the political proportion of his individual trade union levy.
4.5 p.m.
rose—
Does the hon. Member seek to oppose the motion?
I do, Mr. Speaker.
In the short time that I have been a Member of this House, I have not encountered a more stupid use of the Ten-Minute procedure than that made of it today by the hon. Member for Workington (Mr. Page). It is worth putting on record what the Trade Union Act 1913 provides in respect of the political levy. A trade union fund shall not be used for political objects unless these objects have been approved by a resolution of the union's members in a ballot. Where such political objects have been approved, any money made available to further them must come from a separate fund, the rules of which must be approved by the certification officer. Any individual union member may contract out of making payments to his union's political fund without loss of other benefits, and agreement to pay the political levy cannot be imposed as a condition of union membership. Any individual union member aggrieved by an alleged breach of the rules made in pursuance of these provisions may complain to the certification officer, who has the power to order any breach to be remedied. That is the present state of the 1913 Act, as amended and brought up to date. As I understand it, in the last two years the certification officer has received only 21 complaints from union members about the provision for contracting out. This motion will be supported by those Opposition Members who are trying to tell the trade unions that they are not anti-trade union. We shall watch with interest to see how the right hon. Member for Lowestoft (Mr. Prior) and the right hon. Member for Finchley (Mrs. Thatcher) vote today. This Bill seeks to make a fundamental change in our labour relations laws. Such a change was not put forward in the 1971 Industrial Relations Act. There was no attempt in that Act to introduce it. The Donovan Commission in 1968 looked in detail at the political activities of trade unions and the operation of the levy. It threw out all the recommendations of the Society of Conservative Lawyers bar one, and that involved the auditing of the political fund, which everyone accepted and which even the trade unions themselves wanted. The Bill is unnecessary. It is quite unnecessary for the hon. Member for Workington to use the time of the House to put forward this proposal and seek to bring it into law. If a trade union member does not want to pay the levy, he does not have to. Any argument about the necessary forms not being available simply does not hold water, because there is no proper form for purposes of contracting out. All that is required is a letter using the form of words contained in the 1913 Act. The individual trade union member is free to contribute to any political party. He does not have to be a member of a trade union to contribute to a political party. For that reason alone the Bill is unnecessary. But there is another factor. It is that if union members do not like the rules of their union, they can seek to change them through the democratic processes of their union. They can seek to abolish the political fund if they so desire and can obtain a majority in support of such a proposal. It is open to any union member to do that. A further argument in opposition to this motion is that, as I have said, current legislation provides for a statutory form of complaint. It is not a union-dominated form of complaint. The certification officer can look into complaints and put matters right if there has been an infringement of the rules. The comments of the hon. Member for Workington show a great deal of ignorance of the operation of the political levy. It is not simply the proportion of the trade union subscription involved in the political levy at which the hon. Member's Bill is directed. I take exception to the words in the Long Title which speak of the "individual trade union levy". It is a trade union subscription, and there is a difference between a levy and a subscription. However, the political levy part of the subscription does not pass automatically to the political parties. It stays in the political fund of the union, and only a very small part of that goes to the political party, which in the great majority of cases, of course, is the Labour Party. But if legislation of this kind were brought into being, the trade union movement would be forced back to the position that it was in during the last century. That, of course, is what the Opposition want. They want the trade unions not to use the constitutional processes. The very reason for the Labour Party's existence is that the trade unions needed a constitutional voice. They did not want to take to the streets. They wanted to use democratic procedures and, therefore, they took steps to form and to use the political levy to put forward candidates to this House. That is how the Labour Party came into being. There is a strange omission from the hon. Member's proposals. He does not mention company donations to political parties. There is no procedure by which a housewife, purchasing soap powders, can say that she does not want to pay the part of the price that goes to the Tory Party. There is no provision for 83,000 GKN shareholders to turn up to the company's annual general meeting in a small hotel room somewhere in the West Midlands in order to cast their votes against donations to the Tory Party. If the hon. Member had shown any degree of seriousness in wishing to improve industrial relations, he would not have brought forward this crazy proposal in the first place. Having brought it forward, he should have had the wit to make it double-edged. For that reason I seek to oppose the Bill.Question put, pursuant to Standing Order No. 13 (Motions for leave to bring in Bills and Nomination of Select Commitees at Commencement of Public Business):—
Division No. 200
| AYES
| [4.10 p.m.
|
Adley Robert | Gray, Hamish | Newton, Tony |
Alison, Michael | Grieve, Percy | Nott, John |
Amery, Rt Hon Julian | Griffiths, Eldon | Onslow, Cranley |
Atkins, Rt Hon H. (Spelthorne) | Grimond, Rt Hon J. | Page, John (Harrow West) |
Atkinson, David (Bournemouth, East) | Grist, Ian | Page, Rt Hon R. Graham (Crosby) |
Awdry, Daniel | Hamilton, Archibald (Epsom & Ewell) | Page, Richard (Workington) |
Banks, Robert | Hamilton, Michael (Salisbury) | Pardoe, John |
Beith, A. J. | Hampson, Dr Keith | Parkinson, Cecil |
Bell, Ronald | Hannam, John | Pattie, Geoffrey |
Bennett, Sir Frederic (Torbay) | Harrison, Col Sir Harwood (Eye) | Penhaligon, David |
Bennett, Dr Reginald (Fareham) | Harvie Anderson, Rt Hon Miss | Percival, Ian |
Benyon, W. | Hastings, Stephen | Peyton, Rt Hon John |
Berry, Hon Anthony | Hawkins, Paul | Pym, Rt Hon Francis |
Biggs-Davidson, John | Hicks, Robert | Raison, Timothy |
Blaker, Peter | Hooson, Emlyn | Renton, Rt Hon Sir D. (Hunts) |
Body, Richard | Howe, Rt Hon Sir Geoffrey | Rhodes, James R. |
Boscawen, Hon Robert | Howell, David (Guildford) | Ridley, Hon Nicholas |
Bottomley, Peter | Hunt, John (Ravensbourne) | Rifkind, Malcolm |
Bowden, A. (Brighton, Kemptown) | Hurd, Douglas | Roberts, Michael (Cardiff NW) |
Braine, Sir Bernard | Hutchison, Michael Clark | Roberts, Wyn (Conway) |
Brooke, Peter | Irving, Charles (Cheltenham) | Rodgers, Sir John (Sevenoaks) |
Brotherton, Michael | James, David | Ross, Stephen (Isle of Wight) |
Bryan, Sir Paul | Jenkin, Rt Hon P. (Wanst'd & W'df'd) | Sainsbury, Tim |
Buchanan-Smith, Alick | Jessel, Toby | Scott, Nicholas |
Buck, Antony | Johnson Smith, G. (E Grinstead) | Shaw, Giles (Pudsey) |
Budgen, Nick | Johnston, Russell (Inverness) | Shepherd, Colin |
Burden, F. A. | Joseph, Rt Hon Sir Keith | Shersby, Michael |
Butler, Adam (Bosworth) | Kershaw, Anthony | Silvester, Fred |
Chalker, Mrs Lynda | King, Evelyn (South Dorset) | Sims, Roger |
Channon, Paul | Kitson, Sir Timothy | Sinclair, Sir George |
Clark, Alan (Plymouth, Sutton) | Knight, Mrs Jill | Skeet, T. H. H. |
Clark, William (Croydon S) | Lamont, Norman | Smith, Dudley (Warwick) |
Clarke, Kenneth (Rushcliffe) | Langford-Holt, Sir John | Spence, John |
Clegg, Walter | Latham, Michael (Melton) | Spicer, Michael (S Worcester) |
Cope, John | Lawrence, Ivan | Stanbrook, Ivor |
Costain, A. P. | Lawson, Nigel | Stanley, John |
Craig, Rt Hon W. (Belfast E) | Le Merchant, Spencer | Steel, Rt Hon David |
Crawford, Douglas | Lester, Jim (Beeston) | Steen, Anthony (Wavertree) |
Crouch, David | Lewis, Kenneth (Rutland) | Stewart, Rt Hon Donald |
Davies, Rt Hon J. (Knutsford) | Luce, Richard | Stokes, John |
Dodsworth, Geoffrey | McAdden, Sir Stephen | Stradling Thomas, J. |
Douglas-Hamilton, Lord James | McCrindle, Robert | Tebbit, Norman |
Drayson, Burnaby | McCusker, H. | Temple-Morris, Peter |
du Cann, Rt Hon Edward | Macfarlane, Neil | Thatcher, Rt Hon Margaret |
Dunlop, John | MacKay, Andrew (Stechford) | Thomas, Rt Hon P. (Hendon S) |
Durant, Tony | McNair-Wilson, M. (Newbury) | Thompson, George |
Eden, Rt Hon Sir John | Marshall, Michael (Arundel) | Walder, David (Clitheroe) |
Edwards, Nicholas (Pembroke) | Mates, Michael | Wall, Patrick |
Eyre, Reginald | Mather, Carol | Walters, Dennis |
Fairbairn, Nicholas | Maude, Angus | Warren, Kenneth |
Fairgrieve, Russell | Mayhew, Patrick | Watt, Hamish |
Farr, John | Meyer, Sir Anthony | Weatherill, Bernard |
Finsberg, Geoffrey | Miller, Hal (Bromsgrove) | Wells, John |
Fletcher, Alex (Edinburgh N) | Mitchell, David (Basingstoke) | Welsh, Andrew |
Fookes, Miss Janet | Moate, Roger | Whitelaw, Rt Hon William |
Forman, Nigel | Molyneaux, James | Whitney, Raymond (Wycombe) |
Fowler, Norman (Sutton C'f'd) | Monro, Hector | Wiggin, Jerry |
Fox, Marcus | Montgomery, Fergus | Wilson, Gordon (Dundee E) |
Fraser, Rt Hon H. (Stafford & St) | More, Jasper (Ludlow) | Winterton, Nicholas |
Gardiner, Edwards (S Fylde) | Morgan, Geraint | Young, Sir G. (Ealing, Acton) |
Gilmour, Rt Hon Ian (Chesham) | Morris, Michael (Northampton S) | Younger, Hon George |
Gilmour, Sir John (East Fife) | Morrison, Charles (Devizes) | |
Goodhew, victor | Morrison, Hon Peter (Chester) | TELLERS FOR THE AYES: |
Goodlad, Alastair | Mudd, David | Mr. Timothy Smith and |
Gow, Ian (Eastbourne) | Neave, Airey | Mr. Robin Hodgson. |
Gower, Sir Raymond (Barry) | Neubert, Michael |
NOES
| ||
Abse, Leo | Benn, Rt Hon Anthony Wedgwood | Buchan, Norman |
Allaun, Frank | Bidwell, Sydney | Callaghan, Jim (Middleton & P) |
Anderson, Donald | Bishop, Rt Hon Edward | Campbell, Ian |
Armstrong, Ernest | Blenkinsop, Arthur | Carmichael, Neil |
Ashton, Joe | Boothroyd, Miss Betty | Carter-Jones, Lewis |
Atkins, Ronald (Preston N) | Bradley, Tom | Cartwright, John |
Atkinson, Norman | Bray, Dr Jeremy | Castle, Rt Hon Barbara |
Bagier, Gordon A. T. | Brown, Hugh D. Provan) | Clemitson, Ivor |
Barnett, Guy (Greenwich) | Brown, Robert C. (Newcastle W) | Cocks, Rt Hon Michael (Bristol S) |
Bates, Alf | Brown, Ronald (Hackney S) | Cohen, Stanley |
The House divided: Ayes 194, Noes 200.
Coleman, Donald | Hughes, Robert (Aberdeen N) | Price, C. (Lewisham W) |
Concannon, Rt Hon John | Hughes, Roy (Newport) | Radice, Giles |
Conlan, Bernard | Hunter, Adam | Rees, Rt Hon Merlyn (Leeds S) |
Cook, Robin F. (Edin C) | Jackson, Miss Margaret (Lincoln) | Richardson, Miss Jo |
Corbett, Robin | Jay, Rt Hon Douglas | Roberts, Albert (Normanton) |
Cowans, Harry | Jeger, Mrs Lena | Roberts, Gwilym (Cannock) |
Cox, Thomas (Tooting) | Jenkins, Hugh (Putney) | Robinson, Geoffrey |
Craigen, Jim (Maryhill) | John, Brynmor | Roderick, Caerwyn |
Crawshaw, Richard | Jones, Alec (Rhondda) | Rodgers, George (Chorley) |
Crowther, Stan (Rotherham) | Jones, Barry (East Flint) | Rooker, J. W. |
Cryer, Bob | Jones, Dan (Burnley) | Rowlands, Ted |
Cunningham, Dr J. (Whiteh) | Judd, Frank | Sandelson, Neville |
Dalyell, Tam | Kelley, Richard | Sedgemore, Brian |
Davies, Bryan (Enfield N) | Kerr, Russell | Selby, Harry |
Davies, Ifor (Gower) | Lambie, David | Sever, John |
Deakins, Eric | Lamborn, Harry | Shaw, Arnold (Ilford South) |
Dean, Joseph (Leeds West) | Lamond, James | Sheldon, Rt Hon Robert |
Dell, Rt Hon Edmund | Latham, Arthur (Paddington) | Silverman, Julius |
Dempsey, James | Lee, John | Skinner, Dennis |
Dewar, Donald | Lewis, Ron (Carlisle) | Smith, John (N Lanarkshire) |
Doig, Peter | Litterick, Tom | Snape, Peter |
Duffy, A. E. P. | Loyden, Eddie | Spearing, Nigel |
Eadie, Alex | Luard, Evan | Spriggs, Leslie |
Edge, Geoff | Lyons, Edward (Bradford W) | Stallard, A. W. |
Ellis, John (Brigg & Scun) | McCartney, Hugh | Stewart, Rt Hon M. (Fulham) |
English, Michael | McDonald, Dr Oonagh | Stott, Roger |
Evans, Fred (Caerphilly) | McElhone, Frank | Swain, Thomas |
Evans, Ioan (Aberdare) | McNamara, Kevin | Taylor, Mrs Ann (Bolton W) |
Evans, John (Newton) | Madden, Max | Thomas, Ron (Bristol NW) |
Ewing, Harry (Stirling) | Mahon, Simon | Thorne, Stan (Preston S) |
Flannery, Martin | Mallalieu, J. P. W. | Tilley, John (Lambeth, Central) |
Fletcher, Ted (Darlington) | Marks, Kenneth | Tinn, James |
Foot, Rt Hon Michael | Marshall, Dr Edmund (Goole) | Torney, Tom |
Ford, Ben | Marshall, Jim (Leicester S) | Tuck, Raphael |
Forrester, John | Meacher, Michael | Urwin, T. W. |
Fraser, John (Lambeth, N'w'd) | Mendelson, John | Wainwright, Edwin (Dearne V) |
Freeson, Rt Hon Reginald | Mikardo, Ian | Walker, Harold (Doncaster) |
Garrett, John (Norwich S) | Miller, Dr M. S. (E Kilbride) | Walker, Terry (Kingswood) |
Garrett, W. E. (Wallsend) | Mitchell, Austin | Ward, Michael |
George, Bruce | Molloy, William | Watkinson, John |
Ginsburg, David | Morris, Alfred (Wythenshawe) | Weitzman, David |
Golding, John | Morris, Rt Hon Charles R. | Wellbeloved, James |
Gould, Bryan | Morris, Rt Hon J. (Aberavon) | White, Frank R. (Bury) |
Gourlay, Harry | Moyle, Roland | Whitehead, Philip |
Graham, Ted | Mulley, Rt Hon Frederick | Whitlock, William |
Grant, George (Morpeth) | Murray, Rt Hon Ronald King | Willey, Rt Hon Frederick |
Grocott, Bruce | Newens, Stanley | Willams, Rt Hon Alan (Swansea W) |
Hamilton, James (Bothwell) | Noble, Mike | Williams, Alan Lee (Hornch'ch) |
Hamilton, W. W. (Central Fife) | Oakes, Gordon | Williams, Rt Hon Shirley (Hertford) |
Hardy, Peter | Orbach, Maurice | Wise, Mrs Audrey |
Harper, Joseph | Orme, Rt Hon Stanley | Woodall, Alec |
Harrison, Rt Hon Walter | Ovenden, John | Woof, Robert |
Heffer, Eric S. | Padley, Walter | Wrigglesworth, Ian |
Hooley, Frank | Park, George | Young, David (Bolton E) |
Howell, Rt Hon Denis (B'ham, Sm H) | Parry, Robert | |
Hoyle, Doug (Nelson) | Pavitt, Laurie | TELLERS FOR THE NOES: |
Huckfield, Les | Pendry, Tom | Mr. Dennis Canavan and |
Hughes, Rt Hon C. (Anglesey) | Phipps, Dr Colin | Mr. Neil Kinnock. |
Question accordingly negatived.
Order. The Tellers are in the wrong union.
Orders Of The Day
Wales Bill
[ALLOTTED DAY]
Order for Third Reading read.
4.21 p.m.
I beg to move, That the Bill be now read the Third time.
I have made it clear from the beginning of our work on devolution in 1974 that we were ready to listen to constructive criticisms of our proposals. That has been our attitude throughout, in each of the White Papers we have presented and in the debates on the Bill. In the event the main structure of the Bill has successfully survived the scrutiny given to it by this House. A number of amendments have been made. Apart from the Government's own amendments, we did not seek to retain the original Clauses 1 and 39. We considered that we must take account of the relevant decisions of the House on the Scotland Bill, and although we thought that Clauses 1 and 39 were useful declaratory provisions, we accepted that their loss has not detracted from the main objects of the Bill. Likewise, we conceded the arguments advanced by some hon. Members for shortening the preamble to the question to be put in the referendum. Right hon. and hon. Members opposite got themselves, and the Bill, into a bit of a muddle over the commencement provision; but I am glad to say that this was put right on Report to the satisfaction of the great majority of Members. I cannot pretend that the Government are happy with subsection (2) of Clause 81 as it now stands. The House, in Committee, inserted the "40 per cent." provision against the Government's advice. Of course, we now have to accept this in the Bill, and whatever the result of the referendum, the last word on whether the Act should be brought into effect will quite rightly rest with Parliament. While our discussions over the last two months have helped to clarify much, it still seems to me that there is some misunderstanding of certain of the Government's proposals. I should like to take a little time to attempt to remove some of the misunderstandings. First, let me turn to a subject that has run through many of our debates and which is of understandable concern to the House—the position of Parliament after devolution in Wales and the relationship between Parliament and the Assembly. Let there be no question that we are, in the Wales Bill, completely devolving a large number of the powers and functions now exercised by myself and my colleagues—by Ministers—to the Assembly. The Assembly will be fully responsible for the exercise of those powers and functions and will be answerable for the exercise of those functions to the people of Wales and not to Parliament. In other words, the Bill transfers certain executive responsibilities of the central Government to the Assembly, but Parliament will continue to legislate in these fields for Wales, and Members of Parliament will continue to be responsible for all primary legislation applying to the Principality. This has important consequences. Perhaps I may refer again to an important point made by my hon. Friend the Under-Secretary of State in the House quite recently. The Kilbrandon Commission considered quite specifically the position of parliamentary representation following the kind of devolution of powers we are proposing in Wales, and the report of the Commission is quite clear. Paragraph 905 envisages the possibility of devolution to certain parts of the country only and deals with the question of changing the parliamentary representation of those parts. The paragraph concludes:That seems to me a quite unequivocal statement on the post-devolution position over Welsh parliamentary representation. It is one the Government fully endorse. Welsh Members of Parliament will continue to have a complete and vital role to play over the full range of primary legislation as well as over all reserved matters. When legislating for devolved subjects in Wales, no doubt hon. Members from the Principality will wish to listen to and take account of any views expressed by the Assembly, as they do now of the views of existing Welsh bodies, but that will not belittle the role of hon. Members. On the contrary, I believe their role will be thereby strengthened. A new relationship between Members of Parliament and the Assembly will certainly have to be forged, but we on these Benches should certainly not be afraid of taking that—essentially progressive—step. Secondly, in our debates a great deal of concern has been expressed about the relationship between the Assembly and local government. It has been suggested that the Assembly will encroach upon or duplicate or take over the work of Welsh local authorities. These are, of course, complete misconceptions. There is nothing in the Bill which lends any credence to these suggestions. In the devolved fields, local government will relate to the Assembly in the same way as local government now relates to the central Government. There will be no duplication of functions. The Assembly will take over central Government responsibilities for such matters as housing, education, planning and highways. Local authorities will continue to exercise their own well-defined responsibilities in these fields, as they do now. Because the Assembly will have these general responsibilities for local government in Wales, it is both sensible and proper that it should also be responsible for the assessment and distribution of the rate support grant. It will have close and regular discussions with the local authorities about their financial needs, and will be best placed to judge these needs within a specifically Welsh context. I suggest that this is a development which the local authorities should welcome. Under the present system, the special needs and interests of Wales have to be construed and considered within a much larger framework and population. Under the new Wales-only system, Welsh local authorities will be in a much better position to ensure that their needs are taken fully into account and that the distribution of rate support grant is tailored to particular Welsh circumstances."This question does not arise under executive devolution since Parliament would continue to legislate for all regions".
Does what my right hon. and learned Friend has just said mean, in his general estimate, that the Welsh local authorities will receive more under such a system than they could get at present? Secondly, does it not mean that under Clause 13, whatever the functions exercised by local authorities and the Assembly, the removal of at least one current tier of local government is unavoidable?
The amount of money that local government has will depend on its negotiations with the Assembly, which will negotiate its block grant with Parliament. Then it will be for the Assembly to negotiate the element of the rate support grant with the local authorities.
Every time there has been a rate support grant settlement while I have been in office, and I am sure for many years before that, there have been local authorities in Wales distinctly unhappy with the settlement, because certain factors are put into the formula, and whatever factors are put in they say do not take sufficient cognisance of their own circumstances. I believe that a Wales-only system will certainly ensure that those factors which local authorities regard as important and relevant to their Welsh needs will be fully taken into account, and therefore the rate support grant will be tailored to meet their needs. On Clause 13, I have nothing to add to what I have already said. The position is set out in the clause. I am not sure which particular point my hon. Friend is concerned with.Is it not the case that one can expect that following such a review and reorganisation of local government as is laid down in Clause 13—[HON. MEMBERS "Clause 12."] I am sorry. I mean Clause 12. Will it not unavoidably lead to the destruction of at least one tier which, whatever its lack of virtues, is at least more localised than any national Assembly could be?
I thought that I was at odds with my hon. Friend, in that I was looking at the latest copy of the Bill and he was looking at another. I am sorry that I was not able to deal with his question.
What we have said is that there is undoubtedly anxiety in Wales about the present system of local government. The only question is how much that anxiety is justified. Certain systems have been devised in the past to ensure that there is a better system of local government. There have been Royal Commissions, commissions, committees, bodies set up by Ministers and nominated bodies, and civil servants and Ministers themselves have considered the question. None of them seems to have devised an effective system to run local government in Wales which satisfies the people of Wales. We have taken the view that a body elected right across Wales will be the best body to consider the real needs of local government in Wales. It will be necessary for it to consult local government and it will be up to it to make its representations to the central Government following the review. Whether one tier will survive is a matter for consideration. It may be that if there is no cause for anxiety the whole system will remain exactly as it is. I doubt it. It may well be that a certain tier will be removed. It will be a matter for the Assembly to consider in its representations, but at the end of the day it will be for this Parliament to legislate. It will be this Parliament and this Parliament alone, in that it is only through primary legislation that one can have a change of this kind. I believe that the Assembly is the right kind of body to try to evolve a system in Wales which meets our requirements and certainly meets the dissatisfaction expressed to me from one end of Wales to the other.Could this lead on to a different system of financing local government activity? If that were feasible—and some of us often thought about it as being a possibility in regional development—could that bubble up in such an Assembly?
Under our proposals the Assembly has no legislative powers, and any changes needing legislation would have to be decided by this Parliament.
Can the Secretary of State clarify something that has been puzzling me? As I understand the scheme, under the Bill the statutory powers of Ministers are transferred to the Welsh Assembly in relation to devolved subjects. I think that that is right. In addition, there are two clauses—I think that they are Clauses 10 and 11—which transfer non-statutory powers of Ministers, the prerogative powers of Ministers, to the Welsh Assembly.
The implication of this—and indeed the impression that the Attorney-General gave the House the other day when we were debating this very important matter—is that all the non-statutory or prerogative powers of Ministers that are not specifically transferred to the Assembly under those particular provisions of the Bill are not transferred, and by implication remain with the Secretary of State. For example, it seems to me that the Secretary of State's general powers in relation to the environment are not transferred. There are certain specific powers which are transferred. Those are the ones created by statute. But the non-statutory powers remain with the Secretary of State, so he will still have a function for non-statutory prerogative powers in relation to activities to do with the environment. But he will not have the statutory powers. Will not this make for the most enormous muddle, or have I got it wrong?I do not think that it will make for the most enormous muddle. I know that the hon. Gentleman has been concerned with this matter. My right hon. and learned Friend the Attorney-General set out the position precisely in a letter. As I understand it, the overwhelming number of the powers which are relevant are the statutory powers, and they are the ones which will be transferred, in addition to the ones set out in Clauses 10 and 11. So I do not expect any difficulty on this score. I have nothing to add to the very full statement made by my right hon. and learned Friend.
I do not think that that is an adequate answer.
Of course it is.
It is not. There is an area of non-statutory function in relation to the environment. To take one very small example, it might be decided that Wales should be represented at a United Nations conference about the environment. To the best of my knowledge, there is no statute which lays a duty on Ministers to arrange for the country's representation at such a conference. Nevertheless, that is a non-statutory power which on the face of it will not be transferred to the Assembly, but it has to do with the environment. That is just one example of a power which is clearly part of the normal routine duties of the environmental department of the Secretary of State's office and which will not be transferred to the Assembly.
One could think of innumerable other examples. Surely it will be quite unworkable to have this arbitrary division between the statutory and non-statutory powers.I do not think so. Perhaps if the hon. Gentleman catches the eye of the Chair he will set out the innumerable examples that he can think of. I doubt very much that he can think of many. There may well be one or two.
rose—
The hon. Gentleman may be able to make a speech on this point. My right hon. and learned Friend the Attorney-General made it quite clear that we are dealing with the statutory transfer of those matters which are set out in Clauses 10 and 11. They cover the bulk of the issue.
One could go on at length. The hon. Gentleman might try to think of a whole number of minor matters in the course of the afternoon, but I doubt very much that he will succeed. The bulk of the relevant powers are transferred, one way or the other. The hon. Gentleman should be content with that. If he can think of any more that can cause difficulty, I am sure that we can deal with them in the course of the winding-up speech, but I doubt very much whether he can think of any. I think that in my reply to my hon. Friend the Member for Bedwellty (Mr. Kinnock) I dealt with the need for local government reform. It will be necessary for the Assembly to satisfy itself that the structure that is devised is efficient and economical and will provide a sound basis for good working relationships. But let me repeat that the Assembly will not itself be able to make changes in the structure or functions of local government. Any such changes will require primary legislation and will therefore need to be settled here in Parliament. The third misunderstanding I want to take up is the claim that our proposals will lead to over-government and that they are costly. I do not see how it can still be maintained, in spite of all the explanations that have been given, that the Wales Bill creates an additional tier of government. The functions that are being devolved to the Assembly are not new functions. They are carried out now by Ministers. The functions will simply be transferred, and the Assembly will take over the present role of Ministers. That is not creating an additional tier. It is merely improving democratic control of an existing one by bringing the decision-making process closer to the people of Wales. I do not deny that devolution involves some extra cost. The Explanatory and Financial Memorandum to the Bill shows clearly the estimates of costs which will arise. These are essential costs arising from the need to provide the Assembly with accommodation, staff and reasonable services. They are based on modest and sensible assumptions and the experience of this House. If setting up the Welsh Assembly leads to a better allocation of the considerable resources being spent at present on the devolved services in Wales—as I believe it will—then there is absolutely no argument against the Assembly on the grounds of the relatively small demand it will itself make on public expenditure. Fears have been expressed that the Welsh Assembly will exercise its powers in such a way as to discriminate against non-Welsh speakers or even to discriminate against its own non-Welsh speaking staff. Little need be said on the last point. The Bill provides that the staff of the Assembly shall be members of the Home Civil Service and the procedures for recruiting, appointing and promoting civil servants provide ample safeguards against discrimination among the Assembly's staff, if indeed such safeguards are needed. But why should it be thought that the Assembly will discriminate against non-Welsh speakers or, for that matter, against Welsh speakers? The Assembly will be a directly elected body, fully representative of all parts of and all opinions in the Principality. Is it likely that such a body would discriminate against the non-Welsh speaking majority of Wales? Merely to ask the question is to demonstrate the unreality of the fear. There can be no doubt in the mind of anyone who is prepared to trust the Welsh people that the Assembly will be fair to both Welsh and non-Welsh speakers alike. I should now like to say a word about the Government's reserve powers, on which some misapprehensions have been expressed. Lurid pictures have been painted of the conflicts between the United Kingdom Government and the Assembly, but I suggest that these are far removed from reality. The Bill provides that in certain limited and carefully defined circumstances the Government may step in and, with the approval of Parliament, prevent certain actions by the Assembly—when, for instance, reserved matters such as defence, are liable to be adversely affected. But it is wholly wrong to suggest that the reserve powers will give rise to frequent or continual conflict. On the contrary, their very existence will reduce the risk of conflict, and in practice I would expect these powers to be little used. There will be regular formal and informal consultations between the United Kingdom Government and the Assembly, and this is the way in which any difficulties will usually be settled. Also we do not see the financial arrangements in the Bill as any kind of a battleground. Of course, there will be hard bargaining and serious negotiations, and it would be over-optimistic to predict complete satisfaction always on all sides. But we expect the upshot to be a sensible compromise between responsible people. There will be no question of selling Wales short. The amount of the block fund must be one which the Secretary of State can justify to Parliament as fair and reasonable. Similarly, the Assembly's Chief Executive will need to give an account of his stewardship to the Assembly Members. We have, however, put forward some ideas for smoothing the negotiations, which will be discussed with the Assembly. These include the possibility of an independent advisory board to make objective measurements of the needs of the devolved services and the establishment of a formula which can be used as the basis of settling the Welsh share of the cake for a period of perhaps four years ahead. Once the amount of the block fund and the allocation for the Assembly's loans Fund have been settled, it will be for the Assembly to decide how the money can best be spent. It will determine its own priorities as between housing, education, health and its other responsibilities. Parliament will have no hand in this. Westminster will have played its part in determining the total. It will be for the members of the Assembly, with their close knowledge of Wales, to decide with their votes how that total should be allocated. That is what devolution means. The absence of revenue-raising powers does not mean that the Assembly will be an "irresponsible" body. On the contrary, it will need to act with a high sense of responsibility in determining, in full view of the electorate, how its resources will be applied. If it seems likely to arrive at unwise decisions, there will be 2 million electors who will want to know the reason why.Without being too curmudgeonly, may I ask my right hon. and learned Friend whether he really thinks that the priorities that he, the Under-Secretaries for Wales and Welsh Labour Members have established in relation to government at present are so far wrong that it justifies this kind of tinkering? I think that Welsh Members have a very clear idea about priorities for Wales, and that marginal tinkering is the best that we can hope for from the establishment of the Assembly.
Without being immodest, I am satisfied with my priorities for meeting the position of the Welsh people. Regrettably and unhappily, one does not have any permanence of a Government of any one colour from one decade to another. Perhaps we shall be in power for a long time yet, but looking back over history we see that too frequently the Government for the United Kingdom consist of people who have been rejected in Wales. That has occurred as far back as 1857. I suspect that the priorities of a Welsh Assembly would be totally different from the priorities of a Conservative Government.
Is my right hon. and learned Friend saying that the only period in which a Welsh Assembly is justified is that when Labour is not in office? Does this not show a lack of confidence in our own ability before the electorate?
My hon. Friend really must not put up an Aunt Sally of this kind knowing full well that it will be knocked down very easily. Looking back at history we see that far too often there have been Governments of a majority for the United Kingdom as a whole that have been different from the majority view in Wales.
In addition, my hon. Friend knows as well as I do that decisions which are very difficult can be made much more acceptable if the people who are immediately affected take part in them. That is where I expect that the quality of decision-making in the Welsh Assembly will be even better than that of my hon. Friends and myself.Has the Secretary of State not made an unreasonable point here? Is it not a fact that, similarly, people of Kent and Surrey have sometimes had to endure a Labour majority which was recruited entirely from Scotland and North-East England? Is it not unreasonable, therefore, to denounce that? Is it not true that the United Kingdom has had a happy interchange of Administration because of that fact? Would it not be most undesirable if parts of the United Kingdom were consigned to one-party government?
That is why the hon. Gentleman is opposing devolution, because he is afraid of one-party government. I want to ensure a democratic Government. I want to ensure that as many decisions as possible are taken in accordance with the priority that the majority of the people of Wales want. I do not know how familiar the hon. and learned Member for Cleveland and Whitby (Mr. Brittan) is with Wales. It may be that he is not familiar at all with Wales. The majority of the people of Wales have rejected the Conservative Party for well over 100 years and will continue to do so. I hope that the hon. and learned Gentleman comes to Wales to see us on some future occasion.
Have not the majority of the people of England rejected the Labour Party? If the Minister is to carry his argument to a logical and rational conclusion, surely there must be an Assembly for England.
The right hon. and learned Member for Hendon, South (Mr. Thomas), like the hon. Member for Barry (Sir R. Gower), is arguing for devolution for England. That may well come about. I would not stand in its way. I am anxious to ensure that we forward the cause of democracy. What has the right hon. and learned Member for Hendon, South to fear from democracy?
If the Minister accepts that the logical conclusion of his policy is devolution for England as well, why did the Government introduce proposals for Scotland and Wales, issue a Green Paper with regard to the English dimension, but decide that they would do nothing about devolution for England?
We issued our paper in order to discover the feelings and views of the English people. They vary. In the North-West there is stronger feeling than in parts of the South-East of England. My party in Wales for the best part of 10 or 15 years has made clear where it stands. If the people of England do not want a system of closer decision-making, that is a matter for them. When they see the system working in Wales and in Scotland, they may desire such a system. I would be the last person to stand in their way. The Conservative Party in Wales has been rejected time after time, and will be rejected in the coming General Election.
What we are suggesting will bring a wide area of decision-making now undertaken by the central Government and nominated bodies in health, education, housing, the environment, roads and cultural matters under the direct control and scrutiny of a democratically elected body, which will have at its disposal the local knowledge and the time to consider the issues thoroughly. These are the areas in which decisions affect the people of Wales alone and do not affect people in other parts of the United Kingdom, and they are also the matters which people in Wales really care about. My experience has been that people's anxieties are about when and where, for example, the new hospitals and the new schools will be built. I decide these questions now, as well as I can, but I suggest that the elected Welsh Assembly will have more time and greater local knowledge to bring to bear on these issues. Let me quote one example—which I put recently to the TUC Wales conference. At Morriston, Bridgend, Wrexham, Llanelli and Gwent they will be arguing which district general hospital or its extension should come first. They will be coming up to the start line some time next year at about the same time. Some will have to go first. Some will have to follow. Who could best decide issues of this kind—a matter of major moment to the people who live in these parts? A Secretary of State, even a Labour one, let alone a Tory one from Hampstead, Hendon, Newcastle, Luton, West Derby or Leeds or wherever Tory Ministers for Wales come from? Alternatively, would it not be better if such a decision were taken by a democratically elected Assembly of the people of Wales? In my very firm view, decisions on priorities taken by the elected representatives of the people of Wales in this way must not only be better decisions than those which one Minister could make but must be more widely acceptable. If this is true of matters now decided by Ministers, how much more so is it true of decisions taken by nominated bodies? The scheme therefore provides for the Assembly to appoint and control bodies operating wholly in Wales in devolved areas. Thus the present rather remote control of nominated bodies by Parliament through the Secretary of State will be replaced in Wales by control by directly elected representatives. In addition, however, the Government believe that it is important to enable the Assembly, if it considers this appropriate, to assume the functions of the nominated bodies whose activities are confined to Wales. In considering whether to assume the functions of a particular body, the Assembly is required to consult the body concerned and to obtain the formal approval of the Secretary of State. This is mainly to ensure that any United Kingdom interest that may be involved is properly protected.Will the Secretary of State confirm my understanding that in the event of the Assembly not taking over the functions of a nomina- ted body, that body will still be nominated, but by the Assembly rather than, as at present, by the Secretary of State?
The answer is "Yes", but it will be open to the Assembly to decide how that body is to be run.
The Minister is misleading the House.
The right hon. and learned Gentleman must not make such accusations. If he suggests that I am misleading the House, I want to hear what he has to say.
The Secretary of State has been telling the House and, through us, the people of Wales that the Assembly will decide where hospitals, for example, will be placed. That will be a matter for the health authority, and the Secretary of State has taken, under the excluded powers in Clause 2, all the responsibility for the planning permissions which would need to be given not only in the event of compulsory purchase but for statutory undertakers, such as health authorities. Therefore, it is misleading to say that the decision on where hospitals will be placed will be taken by the Assembly.
The right hon. and learned Gentleman is not usually guilty of using extravagant language. I suspected, when he used the word "misleading", that he was in error. He is in error. He must not shake his head before I have given the explanation. In Wales there are no such things as regional hospital boards. Their role is subsumed in the Welsh Office. There are eight area health authorities which make their proposals not to a regional hospital board but to me, as the Secretary of State. My powers will be transferred to the Assembly. My responsibility to decide which contestant should come first will be passed to the Assembly.
I have not been guilty of misleading the House. The right hon. and learned Gentleman is a fair-minded man, but he made a grave accusation against me. It may be that I did not put my case as I could have done. I hope that I have now done so. The right hon. and learned Gentleman must reconsider his suggestion that I have been misleading the House. I have not done so.
I am grateful to the right hon. and learned Gentleman because he has, in effect, conceded the point that I was making. The health authorities for the areas in Wales will decide, in the first place, where hospitals shall be. They have to make an application, at present to the Secretary of State, and he has to supervise the various planning procedures in consultation, at present with the local authorities, which will continue to have a say in this matter. The position of the Assembly in this new set up will be very confused.
Is the Secretary of State saying that local planning authorities will no longer have a say in the matter or that he will not be able to exercise the excluded powers that he has reserved for himself in the Bill? He must come clean with the House and the people of Wales.The right hon. and learned Gentleman is not at his best today. The planning processes will remain as they are. Planning permission must be obtained for the siting of a hospital in any place—as for any other significant building. That remains as it is, but appeals will go to the Assembly rather than to the Secretary of State.
Perhaps after the debate we shall have time to explain to the right hon. and learned Gentleman at even greater length. He must understand that a decision on the next stage of hospital building programmes is not a matter for the area health authorities for Wales. It is a decision for the Secretary of State, and that responsibility will be transferred to the Assembly. I see the right hon. and learned Member for Hendon, South, a former Secretary of State for Wales, nodding his head in concurrence with what I am saying. I am sure that the right hon. and learned Member for Huntingdonshire is in error. He could have said that I was accidentally wrong, but to suggest that I was deliberately misleading the House is wholly unacceptable. I am trying to explain to him how he is wrong.I do not wish to bandy words with the right hon. and learned Gentleman. If I have the good fortune to catch your eye, Mr. Speaker, I shall do my best to explain the matter more fully than the Secretary of State took it upon himself to do when he said that this was a matter for the new Assembly. By overs