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Commons Chamber

Volume 981: debated on Tuesday 25 March 1980

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House Of Commons

Tuesday 25 March 1980

The House met at half-past Two o'clock

The Clerk at the Table informed the House of the absence of Mr. SPEAKER from this day's sitting, pursuant to leave given upon Monday 17 March.

Whereupon Mr. BERNARD WEATHERILL, The CHAIRMAN Of WAYS AND MEANS, proceeded to the Table, and, after Prayers, took the Chair, as DEPUTY SPEAKER, pursuant to the Standing Order.

Private Business

Cane Hill Cemetery Bill Lords

Read the Third time and passed, with-out amendment.

Oral Answers To Questions

Social Services

"Effects On The Personal Social Services"

1.

asked the Secretary of State for Social Services what assessment he has made of the document "Effects on the Personal Social Services" published by the Association of Directors of Social Services; and if he will make a statement.

I have read the document with interest. I sympathise with the anxieties expressed by the association, but its document was, in my view, too general in presentation to provide a useful assessment of changes in spending patterns. However, it makes a helpful contribution to the current debate about personal social services.

Is the hon. Gentleman aware that because of the Government's expenditure cuts, and the consequent pressures on local authorities, there have been threats recently concerning ambulance services taking people to workshops for the infirm, and transporting the disabled and arthritic? The Minister's constituency is in the same borough as mine. Would it not be the decent thing for him to resign? He would thus do the people a good service.

As the hon. Gentleman has said, I share a director of social services with him, and I have made inquiries about the problems that he has raised. I understand that the loan of vehicles to voluntary organisations has ceased because of maintenance difficulties and because of the need to reduce expenditure. However, I am informed that an alternative scheme is to be considered by the authority in June.

To be more serious about this important matter, would my hon. Friend agree that the cut in real terms is 6·7 per cent., which is harsher than for all other public services? Is he aware that my local authority has already trimmed its administrative manpower, and therefore the cuts will fall on much needed personal social services? That can only mean greater cost to the Health Service through longer stays in hospital, especially for geriatric and psychiatric patients.

The figure to which my hon. Friend refers is contained in paragraph 12 of the White Paper. The figures are necessarily tentative, because it is for each individual local authority to decide the eventual distribution of savings in the light of local needs and conditions. There is no reason for a local authority to cut personal social services by 6·7 per cent. if it can meet its overall target, set by my right hon. Friend the Secretary of State, in some other way. It is for each local authority to determine how best to deploy its resources to meet the needs of its area, and we hope that it would have regard to the most needy.

We now know what local authorities are doing. Is the Minister aware that the figures published by the Association of Directors of Social Services last week show that 90 per cent. of all local authorities have cut back on residential care, and a third have cut back on home helps, on meals on wheels services, on aid for the handicapped, and on social support for the needy in the community? That has happened after several years of advance, and more cuts are planned next year. Is this not a shameful situation?

The survey also shows that some social services departments have not made any cuts, and that the local authorities have still met their overall targets.

Disablement Costs Allowance

2.

asked the Secretary of State for Social Services if he will hold discussions with disablement organisations with a view to producing a consultative document on a disablement costs allowance.

I am well aware of the views of the disablement organisations and will continue to listen with care to any proposals that they put forward. However, the present is not the time to issue a consultative document on new benefits for disabled people.

Does my right hon. Friend agree that the present system of disablement benefits represents a rag-bag of conflicting contributory and non-contributory benefits? I take into account the economic constraints of the moment, but would it not be advisable to set out a ladder of objectives towards achieving a more reasonable system of benefits?

I agree with the expression "rag-bag". It is a confused and illogical system. It is our long-term objective to work towards a general disablement income. It would be wrong to raise false hopes by indicating that we can do so within the next few years.

Is the right hon. Gentleman aware that such a study would reveal the plight of the severely visually handicapped, who are required to pay extraordinary costs for extremely expensive visual aids merely to enable them to get around? Is it not about time that something was taken from the Revenue to assist the visually handicapped overcome a great difficulty?

Those who are visually handicapped have a particularly strong case. Undoubtedly there are extra financial burdens arising from blindness or part blindness. I wish that we could do something for them. We cannot afford to do so at present any more than the previous Administration were able to afford to do so.

Private Patients (Drugs)

3.

asked the Secretary of State for Social Services how much it would cost to allow private patients who need drugs to obtain them on the same basis as they are obtained by National Health Service patients.

Because the Department does not maintain records of the numbers of private patients, I cannot give my hon. Friend a specific figure. In any event, with so many competing claims for scarce NHS resources at this time, the Government do not feel that they can give a high priority to this particular proposal, although they have carefully considered it on several occasions.

As the private patient pays as much to the National Health Service as does the National Health Service patient, is it not only fair that he should be able to obtain his drugs on the same basis?

I appreciate my hon. Friend's feeling. The total drug bill in England in 1979, excluding hospital pharmaceutical services, was almost £740 million. The bulk of that sum was incurred on prescriptions written by general practitioners and dispensed by general practice pharmacists. The average total cost per person was over £16. I cannot believe it prudent to entertain a proposal to increase that already enormous sum, especially when it would mean removing resources from areas of greater priority.

Is the Minister aware that the question of the hon. Member for Newark (Mr. Alexander) is outrageous? Is he seriously asking for the provision of drugs by the NHS to the private sector when the private sector makes no contribution to the training of nurses or doctors and exploits NHS equipment? Will the hon. Gentleman bear that very much in mind?

I do not accept what the right hon. Gentleman has said. He is displaying his ignorance, because only this morning in the Committee considering the Health Service Bill I gave a list of the various private institutions that undertake training for nurses.

Elderly Persons

4.

asked the Secretary of State for Social Services if he is now able to give a date for the publication of the White Paper on the elderly.

Work is proceeding, but it is too soon for me to give a publication date.

Is the hon. Gentleman aware that, because of the serious shortage of local authority provision, many elderly people are living at risk in hostels and lodging houses throughout the country? Does he accept that existing legislations is confusing and weak? Does he agree that the need for the publication of the White Paper is urgent? Does he further agree that the need for implementation of any recommendations that emerge from a debate on the White Paper is even more urgent?

Yes, indeed. The issue that the hon. Gentleman has raised is the subject of an Adjournment debate next week. It is the responsibility of the Home Office. However, I shall draw my right hon. Friend's attention to what the hon. Gentleman has said about the need to implement measures as quickly as possible.

Will my hon. Friend confirm that the White Paper will include a section dealing with the problems of the elderly who live in residential homes? Is he aware that 85 per cent. of them are over 75 years of age? They are a vulnerable section of the community and real action is needed quickly.

I confirm that there will be a chapter on housing in the White Paper. I hope that we shall be able to come forward with some positive suggestions to meet the problems that my hon. Friend has described.

Is the Minister aware that there are over 60,000 old people living in private old people's homes? Those who live in hostels and boarding houses are, perhaps, in greater danger. They are vulnerable. The legislation is extremely weak. May we have an assurance that the Minister will act quickly on any recommendations to tighten legislation governing old people's homes, to protect vulnerable, old people?

The implementation of fire regulations is the responsibility of my right hon. Friend the Secretary of State for the Home Department and not that of my right hon. Friend the Secretary of State for Social Services. However, I shall draw to my right hon. Friend's attention the remarks of the hon. Gentleman.

Teaching And Acute Services (London)

5.

asked the Secretary of State for Social Services, what representations he has received regarding the Flowers report and the report of the London Health Planning Consortium.

I have received comments on these reports from a variety of sources. But I have made it clear that the Flowers report is a matter for the University of London and that I will not intervene in the issues raised by the report of the London Health Planning Consortium during the process of consultation which is now under way.

Does the hon. Gentleman accept that the two reports concern only teaching services and acute services in the London area. Will he give an undertaking that he will study, or have studied in detail, other aspects of the Health Service in London before any final decision is made about the future of the Health Service in the metropolis?

Yes, of course. We wish to examine the whole of the Health Service in London. For that reason we have extended the remit of the London Health Planning Consortium to consider primary health care.

Is my hon. Friend aware that the Health Planning Consortium has proposed the closure of the radiotherapy department at St. William's hospital, Rochester? Is he further aware that the proposal is causing grave disquiet in the area? Will he give an undertaking that he will soon be able to say that this closure will not take place?

I can understand my hon. Friend's concern. It is an issue that we shall consider carefully.

Does the Minister accept that it will be intolerable if the Flowers report is implemented by the university in isolation from any influence of his Department? If we close 34 London medical schools and keep only six, the inevitable consequences upon allied health care and provision will have an effect on every patient in the London area. It will be especially intolerable if Westminster hospital is closed to hon. Members.

I regret that the hon. Gentleman is constantly being alarmist. We are dealing only with the recommendations of the Flowers committee, which is a working party of the university. We must wait to hear what the university feels about the recommendations. We are setting up urgently a London advisory group to co-ordinate the recommendations that are put to us.

Will my hon. Friend take note that there will be great hostility from all parts of the House if centres of medical excellence, such as the teaching facility at the Westminster hospital, are closed?

I share my hon. Friend's anxiety about any proposal affecting our great London teaching centres. I can assure him that we shall consider any such proposal with great care.

Does the London Health Planning Consortium's report and the Flowers committee report have any advice to give to the hon. Gentleman on what to do about the Merton, Wandsworth and Sutton area health authority, which I gather is over £4½ million overspent? Does not that put it in the Lambeth, Southwark and Lewisham class? What will he do about it? Would not he be wise to ease the strain under which the London health service is working by setting up an inquiry into the London health service as recommended by the report of the Royal Commission?

The right hon. Gentleman knows that in our view an inquiry would be a recipe for further delay. The issues are now well known and most of them have been extensively studied. We do not believe that another inquiry is needed. We need action to overcome the problems—and that is something that our predecessors never undertook.

Child Benefit

6.

asked the Secretary of State for Social Services what would be the cost in the financial year 1980–81 of increasing child benefit by £2 per week from 1 October.

In the region of £560 million, that is about £280 million per £1 increase in 1980–81.

Is the hon. Lady aware that an increase of that order will be the minimum required to offset the galloping inflation that has occurred since the Government took office? Does she agree that £560 million spent on this purpose would be a superb investment in the health and welfare of our children?

The hon. Gentleman will not expect me to reply in detail to his question. We know that the benefit is much appreciated. He has over-exaggerated the extent of inflation in saying that a £2 increase is necessary.

Does my hon. Friend agree that if the level of child support had increased in line with pensions since 1955, the present child benefit would be substantially higher than £6 a week?

Will the Minister confirm that the Conservative Party made a clear commitment at the last general election to maintain the value of that allowance? May we expect that commitment to be fully upheld within the next few days?

As the hon. Gentleman knows, I cannot reply in detail. Our commitment to the family is no less than it has been at any previous time. The hon. Gentleman must await the statement of my right hon. and learned Friend the Chancellor of the Exchequer.

Is the Minister aware that we are interested in her response to the child benefit question, made in the presence of her right hon. Friend the Chief Secretary to the Treasury? Is she aware that it will require an increase of £1½20 to maintain the allowance at the current rate of inflation? If the Chancellor of the Exchequer does not announce an increase of £1½20 tomorrow, will she resign?

I do not think that the last question is one that I am required to answer at the Dispatch Box. I am sure that my right hon. Friend heard what has been said both today and on many previous occasions in the past. All representations have been carefully noted.

Social Security Benefits (Abuse)

7.

asked the Secretary of State for Social Services what is his latest estimate of the extent of social security abuse.

9.

asked the Secretary of State for Social Services if he will set out in the Official Report how his Department arrived at the figure of £200 million per annum for social security abuse.

10.

asked the Secretary of State for Social Services what methods he used to calculate his recent estimate of the cost of social security abuse.

17.

asked the Secretary of State for Social Services whether he has now made a more exact assessment of the anticipated saving of employing extra Civil Service staff in detecting social security fraud.

19.

asked the Secretary of State for Social Services what progress he has made in the prevention of abuse of social security payments; and what is the latest estimate of the cost of such fraudulent practices.

The nature of most social security fraud and abuse is such that we can know only about cases which are detected. However, new records have been introduced which should, over the next few months, provide fuller and more accurate estimates of the amount of benefit saved through the work of our fraud and abuse specialists. I shall make a further statement to the House when a sufficient number of these returns have been received and analysed to enable me to draw worthwhile conclusions.

Order. I propose to call first the hon. Members whose questions are grouped with this question.

How does the Minister square his recent statement that he expects to gain £50 million out of the alleged £200 million which is lost in the social security abuse to which he referred? How did he arrive at that figure? Will he confirm the leaked report from his Department that his officials rang around the large department stores and asked for their estimate of theft? Was that how he conjured up the figure of £200 million?

There is no need to ring around department stores to know that they, and other large commercial organisations, assume a loss through fraud of 1 or 2 per cent. in their operations. Applying that to the DHSS, with its expenditure of £20 billion a year, leads to an estimated figure of £200 million. Through this operation we are attempting to save this year at least £50 million. If Opposition Members think that that cannot be achieved, they had better stand up and state their case because their constituents will not believe them.

Is it not a fact that the figures bandied around lately are sheer bogus figures? Is it not disgraceful that figures produced by a great Department of State should owe more to the experience of "Marks and Sparks" with shoplifters than to decent inquiry undertaken by the Department? Is it not true that far more money is involved in justified claims not taken up than there is in social security fraud?

If the hon. Gentleman will go into the DHSS office in his constituency—I extend the same advice to all Opposition Members—and talk to the officers working on fraud and abuse cases, he will find that they are very busy and that they are saving a great deal of public money. However, they are working at nowhere near the point of diminishing returns. There is a great deal more to be saved. The experience of the next 12 months will prove that.

Will the Minister call on his right hon. and learned Friend the Chancellor of the Exchequer to assess the relative cost-effectiveness of employing extra staff to deal with tax fraud and evasion rather than employing them in an increasingly counter-productive effort to hound social security beneficiaries for a return which must be far smaller than that which would result from strict inquiries into tax fraud and evasion?

I, and every Member of the Government, would be against fraud and abuse in any sector of our public life. I would have expected Opposition Members to take the same attitude. The attitude that they are taking at present, and have been taking in recent weeks, suggests that they are on the side of the scrounger and against the honest taxpayer.

Is the Minister aware that I was approached last weekend by an employee of the DHSS who indicated that pressure was being brought to bear on DHSS employees to produce the answers that the right hon. Gentleman wants on this matter? Will he say whether he approves of the suggestion made by one of his hon. Friends recently that neighbours should snoop on their neighbours to find out whether there is abuse? Is not that absolutely disgraceful?

On the first point, the overwhelming majority of the staff of the DHSS share the same opinion as the majority of the general public, namely, they want to see those who are trying to cheat the system identified and prevented from doing so.

As for snooping on neighbours, I have made it clear on many occasions in recent weeks that I am not appealing for that. Some information has always reached the DHSS from members of the public. Some of it is genuine, and some of it is malicious gossip. That information is, and always has been, followed up. I am not in any sense asking for snooping. I have announced that the Department would do a more effective job on its own account by carrying out its duty to root out fraud and abuse.

While warmly welcoming the appointment of additional inspectors to detect fraud in the social security system—which is at least as much supported by genuine social security claimants as by anybody else—will my right hon. Friend take this opportunity to repeat that he has given instructions to the additional inspectors to move gently and slowly with those who are likely to be genuine social security claimants before attempting to detect the perpetrators of fraud?

The guidance that has been sent to officers carrying out this work is that we want an efficient and effective campaign against fraud and abuse, without in any sense acting in a manner which would be offensive to the vast majority of claimants who are honest, and who are making claims to which they are entitled.

Does my right hon. Friend agree that many of those guilty of social security fraud are also working in the black economy, evading tax at the same time as they are defrauding the social security system?

One of the common examples of fraud concerns those who are drawing benefit and working at the same time without declaring it. Almost inevitably, that means tax avoidance at the same time.

Is the Minister aware that it is absolutely ludicrous to compare the DHSS with firms such as Marks and Spencer? Will he confirm that after his original statement, he sent out circular 26/ 80, telling staff to take it easy and not to offend people? When will he give the first evidence to the House of the savings that he has indicated he will make?

I can only repeat the answer that I gave a few minutes ago on the question of the circular sent to staff. That text was approved before I made my public announcement about the extra officers. There has been no change of policy.

The comparison with Marks and Spencer was made by the hon. Member for Swindon (Mr. Stoddart), not by me. Any large organisation finds that there is a loss of that order. If Opposition Members are saying that the loss in terms of the DHSS is less than 1 per cent. it would be an extraordinary argument, and I would like to hear the reasons for saying so.

Does my right hon. Friend agree that every honest person must wish him success in his drive to root out abuse? Does he agree also that the hest way to tackle social security abuse is to reduce the very large number of people who find themselves in circumstances where they have to apply for supplementary benefit?

As it is generally the cost of housing which forces people to apply for supplementary benefit, will he make a study of ways in which we can rationalise the subsidy system for housing so that that element at least is taken out of the qualification for supplementary benefit?

I think that goes a little wide of the original question, but we all want to see improvements in the Welfare State as and when the country earns the resources with which to carry them out. I am grateful to my hon. Friend for the welcome which he gave originally, because I am sure that he spoke for the great majority of his constituents, and the great majority of Labour Member's constituents, who will support what we are doing because they know that it is their money which is being lost as a result of fraud and abuse.

Private Patients (Fees)

8.

asked the Secretary of State for Social Services if he will publish a table showing, for the financial years 1978–79 and 1979–80, the amount of fees collected from private patients in National Health Service establishments, the amount of these payments which are regarded as arrears and the amount which has been written off as bad debts.

For the year 1978–79. I refer the hon. Member to my reply to him on 28 January. The estimated figure for 1979–80 is £34 million.

Does not the Minister agree that bad debts from defaulting private patients in England and Wales now total between £250,000 and £500,000 a year, and that the accumulated debts over the last six years are now approaching £1 million? As the Government are so concerned about curbing public expenditure, can the Minister tell me what they propose to do to reduce that burden on the NHS? For example, will they consider levying the charge against the consultants who irresponsibly admit these people to private beds?

We think that the present arrangements are satisfactory. Bad debts from private patients are included in the total of all sums that are written off as bad debts. The total of bad debts from all sources, except road traffic accident claims, for the year 1978–79 was £302,112. We cannot identify how much of that sum relates specifically to bad debts arising from private patients.

Can my hon. Friend tell the House when and if he expects to make a statement on the abuse of the NHS by foreigners? Is that likely to happen before Easter? Does that by any chance include anyone coming from the Eastern bloc, say, Russia.

We have reciprocal arrangements with a number of different countries. My hon. Friend referred to Russia. As a part of the Government's response to the Russian invasion of Afghanistan, we have postponed the fifth joint medical committee which was due to have met in London earlier this month to review the reciprocal agreements. We are also carefully vetting all Russian visitors to the United Kingdom under the agreement, and we shall reject any proposals for visits by Ministers or VIPs. We were involved—

On a point of order, Mr. Deputy Speaker. The Minister's reply is an abuse of Question Time, and I ask you to assert your authority on behalf of the House.

I have no responsibility for ministerial replies, but they should not be too long.

Warrington General Hospital (Ophthalmic Services)

11.

asked the Secretary of State for Social Services what provision is being made for ophthalmic services in the new Warrington general hospital.

An ophthalmic unit of 15 beds has been built as part of the first phase of the redevelopment of Warrington general hospital, but it has not yet been commissioned.

Is the Minister aware that the area health authority does not propose to open the ophthalmic unit because of shortage of funds? Does he not agree that to provide this desperately needed unit—which has been established by many thousands of pounds of taxpayers' money—and not to open it, because of a shortage of cash is lunatic economics? Is he aware that the people in the Greater Warrington area are appalled at the suggestion that this much-needed ophthalmic unit should not open?

The Cheshire area health authority estimates that it will cost an additional £200,000 per annum to run the unit, as it will be a new service in Warrington, and the cash limits for 1979–80, which were set by our predecessors, were plainly inadequate. On taking office, we were faced with massive commitments on NHS pay which were not matched by the finance to meet them. However, when the cash limit for 1980–81 is known, the Cheshire area health authority will be able to decide what priority to give to funding the development to which the hon. Gentleman has referred.

Mobility Allowance (Blind Persons)

13.

asked the Secretary of State for Social Services whether, in view of the further evidence of rising transport costs, he will now reconsider his decision not to extend the mobility allowance to registered blind persons.

While we have the greatest sympathy for blind people and the problems they face, there are no resources at present to finance new benefits or extend the scope of existing ones.

Is my right hon. Friend aware that if we were to apply the same rules to registered blind people that we apply to the generality of the recipients of mobility allowance, it would cost only £20 million, which is within the errors of accounting even within my right hon. Friend's Department, let alone the whole of Government expenditure?

The figure of £20 million is about right, if the allowance were applied only to blind people up to the age of 65. If it were applied to blind people of all ages, it would go up to as much as £65 million a year. As my hon. Friend will know, we have extended the mobility allowance in recent months to people between the ages of 60 and 65. However, the financial restraints that we now face will not permit an increase either in the number of categories of people covered or the ages covered in the foreseeable future.

Is the Minister aware that there are cases where mobility allowance has been paid and then with- drawn because the person has gone blind? Is not that a despicable practice?

The allowance is paid in circumstances where someone is unable to walk or virtually unable to walk. Therefore, I am surprised at the scenario which the hon. Gentleman has set out. Perhaps he will write to me about the case that he has in mind.

Is not it intolerable that the only section of the disabled which does not receive mobility allowance is the blind, who probably face the greatest difficulty? Is the right hon. Gentleman aware that those who are partially sighted, with very low acuity, get about only with a great deal of difficulty, especially in the conurbations? Will not he yield to the pressure from all parts of the House in the last four years—as evidenced, for example, in the early-day motions that have been signed by hundreds of hon. Members—and soften his heart to blind people?

I should very much like to be able to move on this matter, but the hon. Gentleman was not quite correct in the opening part of his supplementary question. Mobility allowance is not awarded to categories of disabled people according to the nature of their disablement. It is available to people who are unable to walk, or who are virtually unable to walk, no matter what the cause.

Transplantation Of Human Organs

15.

asked the Secretary of State for Social Services if he will strengthen the wording of paragraph 37 of the code of practice for the transplantation of human organs, in relation to the anonymity of donors.

I am sure that the whole House shares my hon. Friend's concern at the distress caused to a family in his constituency. I note that when my hon. Friend introduced his Bill, he told the House that he had complained to the Press Council. I am sure that this is the right method of pursuing the matter. The code of practice has only recently been issued, and we need to see how effective it is. However, I can assure my hon. Friend that I am ready to consider amending the wording if necessary.

I thank my hon. Friend for what he has said. In the light of recent events, does he recognise that the present code of practice is couched in very casual terms? Will he help me to ensure that possibly something stronger is written into the Health Services Bill which is now before the House?

I can understand my hon. Friend's point of view, and I shall certainly have a look at the wording to see whether it needs strengthening.

Juvenile Offenders

16.

asked the Secretary of State for Social Services if he is satisfied that there is adequate provision of community-based alternatives to residential care for juvenile offenders.

I refer the hon. Member to my reply to the hon. Members for Battersea, South (Mr. Dubs) and Hammersmith, North (Mr. Soley) on 18 March.

Does not the Minister agree that far too many juvenile offenders are at present in residential care and that that situation is likely to persist while local authority expenditure on things such as intermediate treatment is only 6 per cent. of the total spent on community homes? Will he encourage more local authorities to switch resources from community homes to community-based projects?

On the first part of the hon. Member's supplementary question, I agree that there are too many children in institutions. But the number is falling. There were 6,800 children in community homes of education in 1976. That had fallen by 700 to 6,100 in 1978. On the last point, our public expenditure White Paper has asked local authorities to give priority, as far as possible, to expenditure on services for children concerned with the prevention and treatment of delinquency and intermediate treatmenl. Community-based alternatives are an integral part of this.

Will the Minister make sure that fostering facilities such as the Kent fostering scheme are expanded in other areas?

am interested in what is happening in Kent over fostering. I am anxious to encourage other local authorities to follow this encouraging in intiative.

Industrial Disputes (Benefit Entitlement)

18.

asked the Secretary of State for Social Services when he expects to be in a position to make a statement on the Government's plans to reduce supplementary benefit to families of persons on strike.

How many thousands of extra civil servants will be required to administer this proposal? How will union members and non-union members be differentiated? What is the formula proposed to cater for unofficial and official strikes?

Each of those questions will be answered by the statement when it is made. It will be made shortly.

Can my right hon. Friend say what would happen if the wife and children were left destitute because the striking husband did a hunk? What would the Minister do then?

If a wife and children had been deserted by a husband, who is legally responsible for the maintenance of the family, that family would have a claim, in any event, on supplementary benefit. That has nothing to do with the question of trade disputes.

Will the right hon. Gentleman accept from me that, on visiting my local office, I discovered that only a third of strikers in my constituency draw social security benefits? Will he ponder on that statement and ensure that there are no further attempts at blackmailing strikers to go back to work when there is no justifiable case for doing so?

The proportion of strikers' families in the steel strike drawing supplementary benefit is much larger than usual because, of all the unions involved in the strike, only the two general workers unions have been paying strike pay. The cost to the taxpayer so far is about £8 million.

Would not my right hon. Friend agree that our proposals may have the effect of encouraging people to join trade unions in order to enjoy the benefit of support during a strike? It may have the effect of encouraging the unions themselves to concentrate on their legitimate role of trying to improve working conditions and wages and to give up their improper role of attempting to be a political party.

I think that our proposals, when they are made known, will be seen to have many healthy effects, including those enumerated by my hon. Friend.

If a striker is arrested while on strike, for any offence, and then serves a term of imprisonment, will his family be treated in the same way as other prisoners' families?

We shall be concerned in the imminent announcement, with the effect of a trade dispute, not the effect of a criminal act.

In how many other countries of the EEC is social security benefit, or its equivalent, paid to the families of people on strike?

Some countries make some kind of payment on a means-tested basis, more often from local authority funds than from national funds. None subsidises strikes in the same way or to the same extent as the British taxpayer under our present arrangements.

Will the Minister say what is the difference between someone on strike and someone who has committed a crime? Why should their families be treated differently over the payment of supplementary benefit?

Because the Govern-take the view as, I am sure, does the majority of the public, that if people go on strike, either they, as individuals, or their trade union, ought to make financial provision for the needs of their families.

In view of the fact that 81 per cent. of all strikes—official and unofficial—during the lifetime of the Labour Government were settled within 12 working days and therefore no social security benefit was payable to strikers' families, and in view of the additional staff that the right hon. Gentleman will have to appoint, does he not think that the scheme will work at a loss?

No, Sir. I think it will save public money. It will also direct the attention of the unions to the fact that they have a traditional and historic duty, which many have recognised and others have not, to help maintain the families of their members during an industrial dispute.

Prime Minister (Engagements)

Q1.

asked the Prime Minister if she will list her official engagements for Tuesday 25 March.

I have been asked to reply.

My right hon. Friend is attending the enthronement of the Archbishop of Canterbury. Later she will be having meetings with ministerial colleagues and others.

Will my right hon. Friend, some time today, study some of the speeches, made at the weekend? Does he agree with the Home Secretary that this is no time for faint hearts? Does he agree with the Prime Minister, who said that this Government will not be deflected from their strategy to curb inflation, on which they were elected last May?

Yes. I certainly agree with my hon. Friend and with my right hon. Friend the Home Secretary. We always did warn that there was no instant cure and that it would not be possible to revive overnight an economy that has, for several years, been over-taxed, overspent, over-borrowed, over-governed and over-manned.

Will the right hon. Gentleman, if he is studying speeches, reflect on the speeches made last night in the debate on the convergence document in relation to the European Community, particularly the statement made by the Financial Secretary to the Treasury in which he alluded to a further document from the Community and did not present that document to the House? Is he aware that the press is inundated with extracts from the document and the Community has specifically rejected the gloss put on the document by Her Majesty's Government?

I am aware of my hon. Friend's speech. The document concerned is in the Vote Office.

May I first express my pleasure at seeing my right hon. Friend in this position, on a temporary basis? Is he aware of the reason for the postponement of the EEC summit meeting? Will he consider advising our right hon. Friend the Prime Minister not to attend another summit meeting until our budgetary contributions are ironed out satisfactorily in a fair and proper way?

I am grateful to my hon. Friend for his kind personal reference. We understand that the summit meeting has been deferred because of the obligations of the current President of the EEC. We appreciate his difficulties but we have made clear that we expect an early date for a re-arranged summit meeting. My hon. Friend will. I think, agree that it is essential that the crucially important problem that we are putting to the summit meeting should be dealt with by Heads of Government.

Does the right hon Gentleman understand that his reply about the document that was placed in the Vote Office today at 2.30 pm is unsatisfactory to the House? Can he explain why the document was not laid before the debate yesterday? The document had apparently been hanging around in Brussels and elsewhere since about 20 March. Why did the Financial Secretary not produce the document in the debate and say there was some mystery about it? When will there be another debate to enable hon. Members to discuss the full document and to allow the House to examine it?

I understand that the document arrived from the Commission only at the end of last week, just before the weekend. It has been placed in the Vote Office today.

Q2.

asked the Prime Minister if she will list her official engagements for the 25 March.

I have been asked to reply.

I refer the hon. Member to the reply which I have just given to my hon. Friend the Member for Altrinchant and Sale (Mr. Montgomery).

Perhaps next time Milton Friedman himself will stand in for the Prime Minister. Do not the opinion polls and the latest by-election results show quite clearly that there is the utmost hostility to the economic policies mainly associated with the Secretary of State for Industry and the Prime Minister, who are leading Britain back into the mass misery and unemployment of the 1930s?

If the hon. Member supports the alternative policies he should note that they led to the Labour Party being defeated heartily in the last general election.

Is my right hon. Friend aware that a recent TUC report indicated that the trade unions spend an average of 88p per member on strike pay and an average of £9½72 per member on administration? Does this not support the Government's contention that the trade unions should be more responsible for their members' welfare in times of strike?

My hon. Friend is quite right. We do not want the number of strikes to increase so that the unions have more money to spend on them, but we think that it is only fair that when strikes are called the unions should bear more of the costs than they do now.

On this happy day when a new archbishop is being enthroned in Canterbury, will the right hon. Gentleman take time to express the House's outrage at the assassination of Archbishop Romero in San Salvador today?

Yes, we certainly deplore the news of the assassination of Archbishop Romero.

Will my right hon. Friend invite the Prime Minister, during her busy schedule, to contemplate the disarray of the West in the aftermath of Afghanistan? If NATO cannot find a common position on the Olympic Games and if the European Community cannot make common cause of lamb and fish, how can we expect the Soviet Union to take seriously our intention to unite to prevent further aggression?

My right hon. Friend has played her part very vigorously in trying, with other Heads of Government, to reach common ground in constructive and positive ways. Compared with what might have been the reaction a little whle ago on both sides of the Atlantic, there are encouraging trends.

Secretary Of State For Scotland

Q3.

asked the Prime Minister if she will dismiss the Secretary of State for Scotland.

I have been asked to reply.

My right hon. Friend has no intention of doing so.

Does not the Secretary of State think that the Secretary of State for Scotland should be dismissed on the ground that he has stolen £2½6 million from the children of Scotland? Does he realise that the Secretary of State for Scotland reduced the funding for education in Scotland in anticipation of the anti-rural bus law which the Government could not even persuade the other place to accept? Will he ensure that the Secretary of State either makes good the missing money for education or resigns?

My right hon. Friend the Secretary of State for Scotland is perfectly able to defend himself against that totally unjustified and extravagantly put charge.

Will my right hon. Friend recall that the Secretary of State for Scotland provided £10 per pupil more this year than last year? Will he assure the Prime Minister that the Secretary of State for Scotland has the fullest support and confidence of all Scottish Conservative Members?

I am sure that my right hon. Friend the Prime Minister will read that comment with appreciation.

If the Secretary of State for Scotland is able to defend himself, why does he always depend on United Kingdom Ministers to come to the Dispatch Box to make statements on his behalf? Since the election on 3 May, the Secretary of State for Scotland has never once made a statement on his own behalf. He has hidden behind either the Secretary of State for Industry or the Secretary of State for Education and Science. If he is surplus to requirements, why not sack him?

Does not my right hon. Friend agree that few things could be worse for Scotland than the prospect of an Assembly with economic powers, as envisaged in the resolution passed by the Scottish Labour Party at its recent conference? Is it not just as well that Scottish Labour Members will have no chance of persuading their English colleagues to agree to such a course?

I am sure that the contrast between the Labour Government's performance on Scotland and the irresponsible proposals put forward now will be clear to the people of Scotland.

Does the Secretary of State for Scotland not have a bit of a cheek in advising local authorities in Scotland to adopt a policy of good housekeeping? Is he aware that the very high interest rates now being charged mean that the Grampian regional council, for example, will have to find an extra £4 million simply to service its debts?

High interest rates are not welcomed by anybody anywhere, but they are part of the necessary process of abating inflation and the people of Scotland would be far worse off if inflation were not abated than they are with the temporary high level of interest rates.

Legislative Programme

Q5.

asked the Prime Minister if she is satisfied with the progress of the Government's legislative programme as announced in the Gracious Speech.

I have been asked to reply. My right hon. Friend is satisfied that reasonable progress is being made.

Is the right hon. Gentleman not amazed by that statement, in view of the disastrous effects over the last 12 months resulting from the legislative programme? Has not the time now come to abandon the theory underlying the legislative programme in the last Queen's Speech, and particularly to abandon the idea that men can be starved back to work by refusing them social security benefits? Is not this the time to reconsider the Government's whole attil ude towards creating employment?

The hon. Member has brought together three different strands. The answer to his general question is "No". We believe that our policy is the only policy that can achieve the underlying purposes of both sides of the House, namely, a higher standard of living, more employment and better public benefits from the social services. We do not believe that it is right at present for the trade unions to count on the taxpayers to support the families of their strikers. We believe that the vast majority of people in this country agree with what we propose to do.

Will my right hon. Friend agree that one of the major planks in the Gracious Speech was the objective of a genuine reduction in public expenditure? Will he agree that, in order to achieve this objective, we must reduce substantially our net contribution to the EEC budget? Will he give an assurance that, unless we can achieve that objective, we shall review our present position, bearing in mind that our membership of Europe prevents us from taking decisions that are in the best interests of the United Kingdom?.

The answer to the first part of my hon. Friend's question is an unqualified "Yes". On the second part we very much hope that the Heads of Government will understand the equity and force of our claim.

Will the Minister accept that in the Employment Bill currently before the House there is a clause which requires an 80 per cent. vote for a closed shop? Has the Minister seen the Bill that I introduced to the House—which was not opposed by anyone—which requires that persons living in the area of the proposed cruise missile sites should have the opportunity to vote 80 per cent. in favour of the missiles before they are installed? Do the Government intend to apply the same principle and allow that Bill to go through as part of our legislative programme?

No. It has always been the practice of Governments of both parties that defence decisions should be taken by the Government of the day, even though the Labour Government occasion- ally hid crucial decisions from the people of this country.

Referring to the Government's programme in relation to the EEC budget, is not the right hon. Gentleman aware, in spite of the ivory tower which he normally inhabits, that last night the House was subjected to what can only be described as a very deceitful, and indeed cowardly, course of action? Is he aware that this document was wholly relevant to last night's debate, was about the extent to which this country will continue to pay into the EEC, should have been laid before the House but was deliberately withheld with the result that the vote last night was cast upon totally inadequate evidence? Will he make sure that his hon. Friend comes to the House and makes a forthright statement about this matter.

First, the document itself is a useful contribution and can form the basis of Ministers' discussion. Secondly, I take seriously what the right hon. Gentleman says; but I also believe completely in the integrity of my hon. Friend who is, on all occasions, a vivid and vigorous speaker.

Questions To Ministers

On a point of order, Mr. Deputy Speaker, On 21 February the Secretary of State for the Environment made a statement in the House concerning the allocations for the housing investment programme. In the course of questioning following that statement I received a reply from the Secretary of State which I considered to be incorrect and possibly misleading, but in view of the possibility of misunderstanding I thought it was more appropriate for me to pursue the matter by way of a written question to the Secretary of State to give him the opportunity of amplifying it.

I apologise for detaining the House, but I think it is essential that I should read the question that I tabled. I asked the Secretary of State for the Environment
"whether he will publish a revised table on the lines of table 111.28 of the Technical Volume of the Housing Policy Review, (Cmnd. 6951) showing the current estimates of demand or need for public sector housing in the period 1980–86 and of the supply from standing stock; whether he will outline the changes in assumptions"—

Order. Will the hon. Gentleman come to his point of order? The content of questions and answers is not a matter for the Chair.

I fully accept that, Mr. Deputy Speaker. Nevertheless, to enable me to establish my point of order it is essential that I explain the point that I sought to elicit from the Secretary of State, as will be apparent from the reply and from the points that I wish to make by reference to "Erskine May". I ask the indulgence of the House to enable me to make my point of order, which I believe is of importance to the entire House.

I asked wether the Secretary of State would outline the changes in assumptions and
"how many householders on current estimates who are in need of housing in the public sector would be deprived of the opportunity of obtaining such housing by the implementaton of the policies outlined in his statement on Thursday 21 February"
and whether he wished to reconsider or amplify the reply which he had given to me on that occasion.

The reply that I received was:
"I will write to the hon Member shortly."[Official Report, 11 March 1980, Vol. 1980 c. 531]
I considered raising a point of order at that time, but I tabled a further question immediately. I should state that I had given the Secretary of State 13 days in which to answer my first question. I put a further question to the Secretary of State asking him when he proposed to give an informative answer to the question about the demand for public sector housing—

Order. It really is an abuse of the House to quote questions in a point of order. I repeat that the Chair has no responsibility for answers or the failure by a Minister to give an answer to an hon. Member.

I accept that, Mr. Deputy Speaker, but my point will be apparent in one or two moments. The question that I asked the Secretary of State was whether he would now publish, so that the information would appear in the Official Report, the information requested and if he would state on what basis the housing investment programme allocations had been made. I received a further reply which said:

"I shall be writing to the hon. Member very soon"
and that the HIP allocations were made in accordance with a statement that was in the Library.

At page 334 of "Erskine May" it is stated that:
"If a Member does not distinguish his question by an asterisk"
—in other words, it is a written question—
"the Minister to whom it is addressed causes an answer to be printed in the Official Report of Debates."
My point is that it is not an acceptable process to the House—I hope that right hon. and hon. Members will agree—for the Minister to say "I will write to the hon. Member" or to say that he will give the information requested in a form that will appear only in a letter. Replies to questions should appear in the Official Report. It is not sufficient or acceptable for the Minister to say that the reply will be contained in a letter.

I fully accept that it is in order for a Minister to say that the information is not available, or could not be made available without expense, or even that it is not in the public interest that the information should be disclosed, but it is not permissible for a Minister to say that he will give an answer in a form that is not public, but is contained in a secret letter to a Member. I submit that this is a matter on which the House should rule.

In answer to the hon. Member I can only say that he has made his point. It really is not a matter for the Chair. It is a matter that the hon. Member should pursue with the Minister concerned, because the content of answers is not and has never been a matter for the Chair.

Later

If it is the same point of order, I believe that the right hon. Member has exhausted the question.

My right hon. Friend the Member for Ebbw Vale (Mr. Foot) raised a totally different point of order further to my point of order. I wish to pursue my original point of order and invite a ruling, not necessarily today but on another day if you prefer, Mr. Deputy Speaker, on the question whether in answer to a written question the words "I will write to the hon. Member" satisfy the requirements on page 334 of "Erskine May" that:

"the Minister to whom it is addressed causes an answer to be printed in the Official Report".
It is of concern to the House and should be decided on authoritatively.

I have always understood that that was a form of answer. I can understand the concern and resentment of the hon. Member that he has not received a full answer. Every Back Bencher wants a full answer to his question. I shall certainly look into that matter.

Further to that point of order, Mr. Deputy Speaker I fully appreciate, and of course I accept, the ruling that you have given. In the light of the circumstances put before you by my hon. Friend the Member for Mitcham and Morden (Mr. Douglas-Mann) would the position be that the letter subsequently written, if it is written, by the Minister to the hon. Member is incorporated by reference into the reply that he gave? Is there any machinery by which that letter can be published in Hansard in order to fulfil the purpose of the original question?

European Community (Convergence And Budgetary Questions)

On a point of order, Mr. Deputy Speaker. Reverting to the matter that arose during questions to the Secretary of State for Industry about the document that was mentioned in the debate last night but was not available, may I ask whether you have had a request from the Financial Secretary to the Treasury to make a statement on this subject? We regard this as a matter of major importance. We believe that because of the absence of the document that the Financial Secretary said could not then be supplied the debate necessarily took place, in a sense, under false pretences. I ask either that the hon. Gentleman makes a statement to the House today, as we assumed that he might, or that he will do so at a very early stage. We believe that the House has been gravely misled by what happened last night. Perhaps the best way for it to be cleared up would be for the Financial Secretary to make a statement to the House now, especially as this matter affects, to a considerable degree, the amount of money that may be available to the Government in the Budget tomorrow.

Further to that point of order, Mr. Deputy Speaker. You will have noticed that in the final question from the right hon. Member for Stepney and Poplar (Mr. Shore) he made two allegations. One was that my hon. Friend the Financial Secretary had not placed before the House last night papers that the Chair had said he was under no obligation to place before the House. Therefore I hope—[Interruption.] Oh yes. Furthermore, the right hon. Gentleman made a personal allegation of cowardice against my hon. Friend which I thought was against the rules of the House. I hope that you, Mr. Deputy Speaker, will ask the right hon. Gentleman to withdraw a thoroughly offensive and totally unfounded personal allegation.

Order. Two points of order arise. First, I am afraid that I did not hear any allegation of cowardice, but if such an allegation was made I am sure that the right hon. Gentleman will withdraw it. Secondly I was in the Chair last night, when this matter was debated and the Financial Secretary alluded to the document in his speech. A point was raised then about whether that document should be laid on the Table, and I stated that if a State Paper was being read from it should, correctly and properly, be laid on the Table, but that if it was merely alluded to that was not necessary.

Further to that point of order, Mr. Deputy Speaker. In previous debates on EEC documents presented by the Scrutiny Committee, a document debated and decided on by the House has occasionally been overtaken by events and by another document. As a result, the decision of the House was rendered null and void. Leaving, aside the question of quotation, are we not now in that position? The phantom paper of yesterday has now been made available.

Can you confirm, Mr. Deputy Speaker, that the decision that the House took yesterday has been overtaken by events? Will you also confirm that any decision that appears in the Journal of the House is inoperative? The document is now available. Yesterday's debate concerned another document.

Further to that point of order, Mr. Deputy Speaker. Whether the House was deliberately misled last night is central to the points of order that have been raised. It may have been brought to your attention. Mr. Deputy Speaker, that the interpretation put on that document by the Financial Secretary to the Treasury was that it was a new document and that it contained new proposals. With respect. Mr. Deputy Speaker, it is irrelevant whether the Financial Secretary read from the document or whether he gave his impression of it. He implied that the proposals were likely to lead Her Majesty's Government to succeed in concluding an agreement with the EEC that would be in some way advantageous to the United Kingdom.

The EEC has issued a statement today saying that the contents of the document bear no relation whatsoever to the interpretation of the document given last night by Financial Secretary. The EEC has gone so far as to say that it has been inundated with telephone calls from member States. They wanted to know whether a secret document had been sent to the United Kingdom. The document that the Financial Secretary told us about did not come within their knowledge. If that is so—and it is obvious that there is a major disagreement about that document between the EEC and the Government—there can be no doubt that the House has been deliberately misled. The Financial Secretary is therefore under an obligation to make a statement to the House.

Order. Perhaps it would be convenient to clear up this matter. We cannot hold another debate now on what took place last night. [Interruption.] Order. The hon. Member for Newham, South, (Mr. Spearing) knows that we have often debated such matters late at night and I have deprecated the fact that documents were not available. I was unaware that the document was available. I gave my ruling in that light. I now know that the document is in the Vote Office. It is not for the Chair to consider whether it was available last night, or whether it should have been in the Vote Office last night.

Further to that point of order, Mr. Deputy Speaker. The immediate trouble is that the Financial Secretary has not volunteered to make a statement. If he had done so, our questions would be in order. As we had not received a statement, we sought to raise the subject by means of a private notice question. For proper reasons, Mr. Deputy Speaker, you decided not to grant it. However, in order to clear up this issue, the hon. Gentleman should make a statement. If we do not receive a statement today, we give notice that we shall require one later this week.

Further to that point of order, Mr. Deputy Speaker. Whether my hon. Friend alluded to a document, or referred to it and quoted from it, would it not be in the best interest of all hon. Members if the Government were to state that they will soon make a statement about that document? What is the point of having a debate on the most sensitive issue, namely, our contribution to the European budget, if we cannot debate the most up-to-date position? The documents should have been published and made available to all hon. Members before today.

Further to that point of order, Mr. Deputy Speaker. We have seen a classic example of synthetic indignation. It is quite correct that a new document reached me on Friday. That document was laid before the House today. I alluded to it in the debate last night. I did so briefly, as I thought that it would be to the benefit of the House if some allusion were made. The document is now before the House. It is for the Scrutiny Committee to decide, in its normal way, whether it regards it as of sufficient importance to merit debate. The Scrutiny Committee can decide whether it should be recommended for debate. Matters can then take their normal course.

Further to that point of order, Mr. Deputy Speaker. The House will regret that the hon. Gentleman has not taken this opportunity freely to volunteer a statement. It is well within our recollection that in so far as the debate was guided by the Financial Secretary it rested upon his optimistic interpretation of a document that he had seen but that the rest of us had not. Therefore, whether inadvertently or deliberately, the House was placed in an intolerable situation. We are therefore right to say that the Government acted deceitfully and wrongly.

Reference was made to a word that I used. Apparently, Mr. Deputy Speaker, you did not hear it. I used the word "cowardly". I can hardly say that the hon. Gentleman behaved in a lionhearted manner. However, I certainly withdraw a word that is thought to be offensive and unnecessary, especially if it reflects upon his character. I withdraw the word, without any equivocation. However, the Minister's intervention has shown just how thick-skinned and insensitive he is. I am sure that he does not need the withdrawal that I have freely made.

Stevenage Development Authority Bill

On a point of order, Mr. Deputy Speaker. My point of order refers to the Stevenage Development Authority Bill. I hope to introduce that Bill tomorrow. The Secretary of State for the Environment replied to a question put by my hon. Friend the Member for Easington (Mr. Dormand) on the 12 December. He said:

"the Stevenage Bill is in conflict with Government policy and we shall oppose it on the Floor of the House."—[Official Report, 12 December 1979; Vol. 975, c.]
He explained that the Government's policy was to widen ownership and that that policy was at variance with that of transferring assets to a local authority, as envisaged by the Bill.

The policy was initiated when the Secretary of State met chairmen of development corporations and the New Town Commission on 16 July 1979. He called for the sale of £100 million worth of new town assets. He said that there would be a moratorium on new town development while that was being carried out. Subsequently that policy was put into effect by a number of corporations.

The Minister was not challenged at the time, but it now appears—this is the crucial point—that the Minister had no legal powers to require development corporations or the commission to make the sales, and the development corporations and the commission had no legal powers to make them.

It would appear that the issue is determined by section 18(1) of the New Towns Act 1965, where it is stated that a new town may dispose of any land acquired by it as it considers expedient for securing the development of the new town. The key words in that clause are:
"for securing the development of the new town".
In the view of legal authorities consulted in Stevenage and of a prospective buyer of new towns assets, the Minister was acting ultra vires in requiring the sales. Development corporations were similarly acting ultra vires in proceeding with them.

Stevenage Development Corporation—

Order. We cannot have the speech that the hon. Gentleman should properly be making tomorrow night at 7 o'clock.

I am coming to the point of order, Mr. Deputy Speaker, which is important and should be raised before tomorrow evening.

Stevenage Development Corporation today issued a statement in whiah it affirms that there is dubiety as to its legal powers to sell properties solely for investment purposes and as to the Secretary of State's powers to require it to do so, and that it is accordingly taking no further action during the last three months of its life to sell any properties except for purposes clearly connected with the development of the town as specified in section 18 of the New Towns Act 1965.

The crux of my point of order is this: how can the Government oppose the Stevenage Development Authority Bill. It has already been stated by the Secretary of State—

Order. With the greatest good will to the hon. Gentleman, this is not a point of order. It is a matter that should rightly be taken up when the Bill is debated tomorrow during opposed private business. I have no advance knowledge of what the Government will say tomorrow in opposing or supporting the Bill.

I am not anticipating what the Government will say tomorrow. I am quoting what they have said.

Can the Government take action on such a matter when it appears that they have no legal powers to act?

It appears that the only authority to which the assets referred to in my Bill can be disposed of is that development authority. The Bill is introduced in response to the Government's policy. Is it, therefore, in order for us to proceed? Will the Government make a statement?

The hon. Gentleman kindly told me that he wished to raise the matter, but I was not aware that it would be at such length. It is not a matter for the Chair. It is a Private Bill that has been opposed. Because of that I have named it for debate tomorrow evening, and that is why it is being debated.

The hon. Gentleman may be wholly right in his point, but he should raise the issue tomorrow. It is not for me to say what the Government's reactions will be.

On a related point of order, Mr. Deputy Speaker. Is it in order for the Secretary of State for the Environment to require a new town, such as Washington new town, in my constituency, to sell off assets without the backing of legislation passed by this House?

That is a matter of law and not of order. It is not something on which I can rule.

On a point of order, Mr. Deputy Speaker. I have two precise points on which I wish to ask your guidance.

In pressing his point of order the right hon. Member for Ebbw Vale (Mr. Foot) said that the Opposition had sought to put down a private notice question, which had not been possible because the Chair had not accepted it. Is it not convention that the Chair is not placed in the invidious position of being publicly exposed as having refused a private notice question for reasons that all hon. Members will understand? The right hon. Gentleman's knowledge of the procedures of this House surpasses my own, and perhaps he will acknowledge that he was quite wrong to place the Chair in that position? That is my first point of order.

It may be more convenient, Mr. Deputy Speaker.

Without reverting to the matter disposed of, may I ask this in protection of the House? The EEC document that we have been discussing is printed by the EEC and brought into the House no doubt through the good offices of the Treasury. Is it therefore possible for you, Sir, or Mr. Speaker, to establish precisely when it arrived in this House, how it was to have been made available and why we have not had a chance until today to look at it?

On the hon. Gentleman's second point of order, I shall cause inquiries to be made.

Further to the first point of order, Mr. Deputy Speaker. I apologise if anything that I said caused embarrassment to the Chair. However, it seemed to me that you were dealing admirably with every topic. I do not, therefore, believe that I caused embarrassment. I was merely emphasising that there had been various opportunities for a statement. I do not believe that that is in the same category as referring to a private notice question for other purposes.

Archbishops or no archbishops, this House of Commons goes on, and you, Mr. Deputy Speaker, have helped us to continue very well today.

I thank the right hon. Gentleman for the spirit of his remarks. I fully understand. It was a heated moment, and I forgive him for mentioning the private notice question.

Bill Presented

Skyline Protection

Mr. Patrick Cormack supported by Mr. Geoffrey Rippon, Mr. Stephen Ross, Mr. Mike Thomas, Mr. A. J. Beith, Mr. Kenneth Baker, Mr. Andrew Faulds, Mr. Denis Price, Mr. Donald Stewart and Mr. Bruce Douglas-Mann presented a Bill to make provision for the protection of skylines of historic interest or outstanding natural beauty; and for connected purposes: And the same was read the First time; and ordered to be read a Second time upon Friday 4 July and to be printed [Bill 173].

Voluntary Aid For Local Education Authorities

4.2 pm

I beg to move,

That leave be given to bring in a Bill to make legal provision for local education authorities to accept voluntary financial aid and voluntary services from any source for the purpose of furthering the teaching skills and expanding the ancillary facilities and teaching aids in all or any of their nursery, primary or secondary schools.
I welcome the chance to recommend that the House gives due consideration to the difficulties surrounding voluntary aid to schools for educational purposes. The difficulties are being experienced by many voluntary agencies and they arise from the uncertainty over the statutory powers of local education authorities. It is becoming a matter of concern to Members on both sides of the House who support my Bill.

The purpose of the Bill is to clarify the uncertainty that arises out of the Education Act 1944 about whether local education authorities may or may not accept offers of voluntary financial aid or services. The Bill would seek to remove that uncertainty by stating that such authorities may accept such offers from any source and in respect of all or any part of any school or schools in their areas.

I believe that it is necessary to remind the House of the changes that have occurred since 1944 and which have conditioned attitudes to voluntary aid. That reminder is necessary, I think, so that we can appreciate how the current uncertainty is increased and why it is necessary to remove it.

For example, since 1944 there have been far-reaching developments in education technology. Language laboratories and video systems demonstrate that. Both are trifling advances, however, compared with the educational possibilities opened up by the microchip. At the same time as this change has taken place the cost of available aids has far exceeded the purchasing power of education authorities in all but a minority of schools.

During the 36 years since the passing of the 1944 Act we have moved through a period when parental willingness to delegate their entire responsibility for the education of their children seemed far greater than it is now. The school population was increasing rapidly and under successive Governments new and larger centralised schools were being built. In the latter part of that period the accelerated programme, as it switched to comprehensive schools, involved further change. There was change in the nature of schools and their location and in the provision of facilities.

Whatever else was achieved in that period, it was responsible for opening a large and visible gap in the provisions and facilities available in the new as opposed to the old schools. The fact that many new schools were located in places decided upon as a result of planning criteria and not in relation to economic factors left some schools in areas whose viability was always at risk.

The drop in the school population that followed—and which seems about to continue well into the 1980s—alerted education authorities and parents to the threat to local schools and to the disparity in the provisions. All these factors have had a fundamental influence on changing parental attitudes to the level of education provided by the State. No single factor to my mind has cemented that change more effectively than the effect of restraint on education expenditure by successive Governments and local authorities in recent years.

The less Governments have been able to keep up with the expectations of parents, the less have those parents been willing to rely solely on the State and the more they have sought to do to promote the educational interests of their children. I shall return to the issue of parental participation later and to the way in which the concern and enthusiasm of parents have affected the attitude of employers and trade unions.

It is becoming self-evident that parents wish to raise money by any means to improve education provision and facilities in their children's schools. There are those whose philosophy prohibits involvement in funding any facility or service by anyone outside the education authority. The reason is that they see such activity as an invasion of an area of free State provision which to them is sacrosanct. It is evident that some teaching organisations and some education authorities either place a total block on any offers of aid or become apprehen- sive, or even obstructive, once the offer has advanced beyond the provision of swimming pools or minibuses.

Those views are undoubtedly sincerely held. However, I do not subscribe to them and I do not believe that many parents subscribe to them. That is demonstrated by the work of parents all over the country. What is more, I do not believe that it was the intention of those who drafted the 1944 Act that it should exclude the possibility of any form of voluntary financial aid or service being accepted by a local education authority.

Many hon. Members, irrespective of political persuasion, would, I believe, join me in claiming that voluntary aid is not prohibited now. The 1944 Act is not clear. Nowhere does it say that local education authorities may accept voluntary aid—but nowhere does it say that they may not.

There is no case law to go on. All we have is a multitude of inconsistent examples of what has been possible in one area and not in another. The more ambitious schemes become, the more likely they are to be challenged. As confusion increases, the more parents involve themselves. There has been all-party consensus on the need to encourage far greater voluntary participation in schools. The Taylor report confirmed that.

The increasing influence in school affairs of parent-teacher associations must not be frustrated or blocked unnecessarily. Rather than complaining about the lack of provision, it is more and more evident that parents are now showing that they want to indulge in far-reaching collective self-help to benefit schools in their communities.

That has been confirmed to me by the parent-teacher associations and it is borne out in my constituency of Cornwall, North. The threat of a primary school closure in my constituency at St. Wenn met with a remarkable response. The parents there, not wealthy people or living in an enclosed village, but living in a sparsely populated area took a practical view of the threat. First, they examined the official reasons for the closure and compiled a list of commendable proposals. The parents offered to enter into negotiations with the education authority to establish a rota to transport the only child receiving school transport and they also arranged to collect meals for school lunches. They offered to enter into an agreement to maintain the interior decoration of the school and to take on financial responsibility for the general rates, the water rates, the rent on the school field and even the telephone bill. One parent in the group, the lady responsible for the school meals, offered her future services free.

The school won a reprieve of 15 months. However, I am informed by a parent that the education authority refused all the parents' offers because, it was said, the law prevented their acceptance.

On behalf of parents, I and those supporting me wish to see a Bill introduced which would clarify the 1944 Act and state that local education authorities may accept any offers of voluntary financial aid or services from any organisation. Thus, not only could aid come from a parent-teacher organisation; it could conic from a local industrial organisation, perhaps in concert with a local trades council. If they were persuaded by the local need to offer to supplement the teaching skills in the authority area by providing by way of free secondment a person to advise pupils on the employment needs of local industry, that should be made possible.

The desire to introduce this Bill does not spring from a wish to protect or limit the powers of local education authorities, teaching organisations or even parents. It springs from the conviction that all those who are sincerely interested in the educational welfare of our children, of any age, should be encouraged to offer, individually or collectively, any voluntary aid or service that they can give uninhibited by lack of clarity in an Act of Parliament.

I seek the consent of the House for a Second Reading for my Bill.

4.10 pm

I oppose the proposed Bill. I have only just looked at it. It is in direct line with Tory Party education policy. I shall prove that it is a dangerous Bill. I am a member of a teachers' union.

Gestures about voluntary aid in schools are always being made. We spent 100 hours in Committee on the Educa- tion (No. 2) Bill. The Education Act 1979 withdrew the comprehensive school provisions in the 1976 Act. We are heading hack to the provision of more private education.

The Bill represents an attempt to introduce "dilutee-ism" into our schools. None of the Tory Members in the Chamber has taught, with one exception, for whom I have a deep respect. Educationists are constantly on guard about voluntary aid in schools. The word "voluntary" sounds attractive, but throughout history, teachers' unions have had to fight against the butcher's wife from next door who is "good with children" and totally unqualified but who helps with reading because classes are too big. If the same happened in the medical profession and unqualified people were used in surgeries because they were "good with patients", Government Members would be appalled.

Tories pay for their medical attention in the same way in which they pay, with money which they have but which we do not, for every aspect of their lives. They used private hospitals, private schools and private everything. They want everything according to the size of their purses. We want a good education for our children. We strive might and main in all aspects of general education to ensure that more of our children can be educated at university. Tory Members have striven in the opposite direction. We know that; we are not daft.

At Question Time the other day I opposed the suggestion that children should leave school at 14 or 15 years of age to go into factories on the specious excuse that they should be apprenticed because there are not enough apprentices. It is reported in the press that a Minister wants our children to be trundled out of school and into the factories. He was talking, not about the children of Tories but about our children.

Whatever the motives of the hon. Member for Cornwall, North (Mr. Neale), he is misguided—and I am being charitable. He is promoting the idea that what happened in Kent recently should happen universally. In Kent children were kept behind after school to clean the school because there were not enough cleaners. The hon. Gentleman is suggesting that volunteers should replace skilled people, and even teachers, who are being sacked wholesale. The hon. Gentleman suggests that they should clean and paint the schools. That suggestion is transparent Tory Party policy. It is a pity that my hon. Friends and I did not quite take more note of it.

When people are apprised of the Bill's dangers, they will realise that it is in direct line with Tory Party policy to educate their children and to keep them in school for the maximum length of time while volunteers teach our children. The Government are running down the educa-

Division No. 242]

AYES

[4.15 pm

Adley, RobertFowler, Rt Hon NormanMorrison, Hon Peter (City of Chester)
Alexander, RichardFox, MarcusMudd, David
Alton, DavidFraser, Rt Hon H. (Stafford & St)Neale, Gerrard
Ancram, MichaelFreud, ClementNeedham, Richard
Aspinwall, JackGarel-Jones, TristanNelson, Anthony
Atkins,Robert (Preston North)Gorst, JohnNewton, Tony
Baker, Nicholas (North Dorset)Gow, IanOppenheim, Rt Hon Mrs Sally
Beaumont-Dark, AnthonyGower, Sir RaymondPage, Rt Hon Sir R. Graham
Beith, A.J.Grant, Anthony (Harrow C)Page, Richard (SW Hertfordshire)
Bell, Sir RonaldGray, HamishPatten, Christopher (Bath)
Bendall, VivianGreenway, HarryPatten, John (Oxford)
Benyon, Thomas (Abingdon)Grieve, PercyPattie, Geoffrey
Berry, Hon AnthonyGriffiths, Eldon (Bury St Edmunds)Pawsey, James
Best, KeithGriffiths, Peter (Portsmouth N)Penhaligon, David
Biffen, Rt Hon JohnGrist, IanPercival, Sir Ian
Biggs-Davison, JohnGummer, John SelwynPollock, Alexander
Blackburn, JohnHamilton, Hon Archie (Eps'm&Ew'll)Prior, Rt Hon James
Blaker, PeterHamilton, Michael (Salisbury)Proctor, K. Harvey
Body, RichardHannam, JohnRathbone, Tim
Bonsor, Sir NicholasHaselhurst, AlanRhodes, James, Robert
Boscawen, Hon RobertHavers, Rt Hon Sir MichaelRhys Williams, Sir Brandon
Bowden, AndrewHiggins, Rt Hon Terence L.Ridley, Hon Nicholas
Braine, Sir BernardHooson, TomRifkind, Malcolm
Brinton, TimHordern, PeterRoberts, Wyn (Conway)
Brittan, LeonHowell, Ralph (North Norfolk)Shaw, Michael (Scarborough)
Brooklebank-Fowler, ChristopherHowells, GeraintShelton, William (Streatham)
Brooke, Hon PeterHunt, David (Wirral)Shepherd, Richard (Aldridge-Br'hills)
Brown, Michael (Brigg & Sc'thorpe)Hunt, John (Ravensbourne)Shersby, Michael
Browne, John (Winchester)Johnson Smith, GeoffreySilvester, Fred
Buchanan-Smith, Hon AlickJopling, Rt Hon MichaelSkeet, T. H. H.
Buck, AntonyJoseph, Rt Hon Sir KeithSpeller, Tony
Budgen, NickKimball, MarcusSpicer, Michael (S Worcestershire)
Bulmer, EsmondKing, Rt Hon TomSproat, Iain
Burden, F. A.Lamont, NormanStanbrook, Ivor
Cadbury, JocelynLangford-Holt, Sir JohnStanley, John
Carlisle, John (Luton West)Latham, MichaelSteen, Anthony
Carlisle, Kenneth (Lincoln)Lawrence, IvanStevens, Martin
Chalker, Mrs LyndaLee, JohnStewart, Ian (Hitchin)
Channon, PaulLe Marchant, SpencerStewart, John (East Renfrewshire)
Chapman, SydneyLennox-Boyd, Hon MarkStokes, John
Churchill, W. S.Lester, Jim (Beeston)Stradling Thomas, J.
Clark, Hon Alan (Plymouth, Sutton)Lewis, Kenneth (Rutland)Tapsell, Peter
Clarke, Kenneth (Rushcliffe)Lloyd, Ian (Havant & Waterloo)Tebbit, Norman
Clegg, Sir WalterLloyd, Peter (Fareham)Thomas, Rt Hon Peter (Hendon S)
Colvin, MichaelLoveridge, JohnThompson, Donald
Cope, JohnLuce, RichardThorne, Neil (Ilford South)
Corrie, JohnMcCrindle, RobertThornton, Malcolm
Costain, A.P.MacGregor, JohnTownend, John (Bridlington)
Dean. Paul (North Somerset)McNair-Wilson, Patrick (New Forest)Townsend, Cyril D. (Bexleyheath)
Dickers, GeoffreyMcQuarrie, AlbertTrippier, David
Douglas-Hamilton, Lord JamesMarlow, TonyVaughan, Dr Gerard
Dunn, Robert (Dartford)Marshall, Michael (Arundel)Viggers, Peter
Eden, Rt Hon Sir JohnMather, CarolWaddington, David
Edwards, Rt Hon N. (Pembroke)Mawhinney, Dr BrianWainwright, Richard (Colne Valley)
Elliott, Sir WilliamMeyer, Sir AnthonyWainwright, Richard(Colne Valley)
Fairgrieve, RussellMills, Iain (Meriden)Wakeham, John
Faith, Mrs SheilaMills, Peter (West Devon)Walker-Smith, Rt Hon Sir Derek
Fell, AnthonyMolyneaux, JamesWalters, Dennis
Fisher, Sir NigelMonro, HectorWatson, John
Fletcher, Alexander (Edinburgh N)Montgomery, FergusWeetch Kenn
Fookes, Miss JanetMorgan, GeraintWells Bowen (Hert'rd & Stev'nage)
Forman, NigelMorrison, Hon Charles (Devizes)Wheeler, John

tion system which we are trying to build. I alert my hon. Friends to the dangers of the Bill, which is the thin end of the wedge for the state education system and is directed against the interests of our children.

Question put, pursuant to Standing Order No. 13 (Motions for leave to bring in Bills and Nomination of Select Committees at Commencement of Public Business):—

The House divided: Ayes 191, Noes 171.

Whitney, RaymondWinterton, NicholasTELLERS FOR THE AYE.
Wickenden, KeithWoltson, MarkMr. Michael McNair-Wason
Williams, Delwyn (Montgomery)Young, Sir George (Acton)Mr. Christopher Murphy

NOES

Abse, LeoFraser, John (Lambeth, Norwood)Parker, John
Adams, AllenGeorge, BrucePavitt, Laurie
Allaun, FrankGilbert, Rt Hon Dr JohnPendry, Tom
Anderson, DonaldGolding, JohnPowell, Raymond (Ogmore)
Archer, Rt Hon PeterGraham, TedPrescott, John
Armstrong, Rt Hon ErnestGrant, George (Morpeth)Race, Reg
Ashley, Rt Hon JackGrant, John (Islington C)Radice, Giles
Benn, Rt Hon Anthony WedgwoodHamilton, James (Bothwell)Rees, Rt Hon Merlyn (Leeds South)
Bennett, Andrew (Stockport N)Hamilton, W. W. (Central File)Richardson, Jo
Booth, Rt Hon AlbertHarrison, Rt Hon WalterRoberts, Allan (Bootle)
Boothroyd, Miss BettyHattersley, Rt Hon RoyRobertson, George
Bottomley, Rt Hon Arthur (M'brough)Haynes, FrankRooker, J. W.
Brown, Hugh D. (Provan)Healey, Rt Hon DenisRoss, Ernest (Dundee West)
Brown, Ronald W. (Hackney S)Hogg, Norman (E Dunbartonshire)Rowlands,Ted
Buchan, NormanHolland, Stuart (L'beth, Vauxhall)Sandelson, Neville
Callaghan, Jim (Middleton & P)Home Robertson, JohnSever, John
Campbell, IanHooley, Frank5heerman, Barry
Campbell-Savours, DaleHughes, Mark (Durham)Sheldon, Rt Hon Robert (A'ton-u-L)
Cant, R. B.Hughes, Robert (Aberdeen North)Shore, Rt Hon Peter (Step and Pop)
Carmichael, NeilHughes, Roy (Newport)Silkin, Rt Hon S. C. (Dulwich)
Cartwright, JohnJohn, BrynmorSilverman, Julius
Clark, Dr David (South Shields)Johnson, James (Hull West)Smith, Rt Hon J. (North Lanarkshire)
Cocks, Rt Hon Michael (Bristol S)Johnson, Walter (Derby South)Soley, Clive
Cohen, StanleyJones, Dan (Burnley)Spearing, Nigel
Coleman, DonaldKaufman, Rt Hon GeraldSpriggs, Leslie
Cook, Robin F.Kerr, RussellStallard, A. W.
Cowans, HarryKilroy-Silk, RobertStewart, Rt Hon Donald (W Isles)
Cox, Tom (Wandsworth, Tooting)Lambie, DavidStott, Roger
Cryer, BobLamborn, HarryStrang, Gavin
Cunliffe, LawrenceLeighton, RonaldSummerskill, Hon Dr Shirley
Cunningham, George (Islington S)Lestor, Miss Joan (Eton & Slough)Taylor, Mrs Ann (Bolton West)
Cunningham, Dr John (Whitehaven)Litherland, RobertThomas, Dafydd (Merioneth)
Davidson, ArthurLotthouse, GeoffreyThomas, Mike (Newcastle East)
Davis, Terry (B'rm'ham, Stechford)Mabon, Rt Hon Dr J. DicksonThomas, Dr Roger (Carmarthen)
Dean, Joseph (Leeds West)McCartney, HughThome, Stan (Preston South)
Dempsey, JamesMcGuire, Michael (Ince)Tilley, John
Dewar, DonaldMcKay, Allen (Penistone)Tinn, James
Dixon, DonaldMcKelvey, WilliamTomey, Tom
Dobson, FrankMcMillan, Tom (Glasgow, Central)Urwin, Rt Hon Tom
Douglas, DickMcNally, ThomasVarley, Rt Hon Eric G.
Douglas-Mann, BruceMcWiIIiam, JohnWainwright, Edwin (Dearne Valley)
Dubs, AlfredMarks, KennethWalker, Rt Hon Harold (Doncaster)
Dunwoody, Mrs GwynethMarshall, David (Gl'sgow, Shettles'n)Watkins, David
Eadle, AlexMartin, Michael (Gl'gow, Springb'rn)Welsh, Michael
Edwards, Robert (Wolv SE)Maxton, JohnWhite, Frank R. (Bury & Radclilfe)
Ellis, Raymond (NE Derbyshire)Maynard, Miss JoanWhite, James (Glasgow, Pollok)
English, MichaelMikardo, IanWhitehead, Phillip
Evans, loan (Aberdare)Miller, Dr M. S. (East Kilbride)Whitlock, William
Evans, John (Newton)Mitchell, Austin (Grimsby)Wigley, Dafydd
Ewing, HarryMorris, Rt Hon Alfred (Wythenshawe)Willey, Rt Hon Frederick
Faulds, AndrewMorris, Rt Hon Charles (Openshaw)Winnick, David
Field, FrankMorton, GeorgeWoolmer, Kenneth
Fitch, AlanNewens, StanleyWright, Sheila
Flannery, MartinOakes, Rt Hon GordonYoung, David (Bolton East)
Fletcher, L. R. (Ilkeston)O Neill, Martin
Foot, Rt Hon MichaelOrme, Rt Hon StanleyTELLERS FOR THE NOES:
Ford, BenPalmer, ArthurMr. Bernard Conlan and
Forrester, JohnPark, GeorgeMr. Ken Eastham.
Foulkes, George

Question accordingly agreed to.

No point of order can arise.

Bill ordered to be brought in by Mr. Gerry Neale, Mr. Edward du Cann, Mr. Ken Weetch, Mr. A. J. Beith, Mr. John Carlisle, Mr. W. E. Garrett, Mr. Michael McNair-Wilson, Mr. Michael Morris, Mr. Keith Wickenden and Mr. Peter Mills.

Voluntary Aid For Local Education Authorities

Mr. Gerry Neale accordingly presented a Bill to make legal provision for local education authorities to accept voluntary financial aid and voluntary services from any source for the purpose of furthering the teaching skills and expanding the ancillary facilities and teaching aids in all or any of their nursery, primary or secondary schools: And the same was read the First time; and ordered to be read a Second time upon Friday 4 July and to be printed. [Bill 174.]

On a point of order, Mr. Deputy Speaker. Standing Order 34 decrees that the doors shall be locked not sooner than eight minutes after a Division is called. It was difficult not to notice that the hon. Member for Poole (Mr. Ward) was nearly decapitated trying to get through the door. It seemed to me that you were watching at the time. To decide that there is one second in it either way, so that an hon. Member is almost impaled by the Lobby door, seems a strange interpretation, if I may say so, of Standing Orders.

I appreciate the hon. Gentleman's concern for the hon. Member. The last thing I want is for the hon. Member to be decapitated. I simply operate the rule. The doors are locked after eight minutes. It is a matter of great sadness if hon. Members do not get through the Lobbies.

Further to that point of order, Mr. Deputy Speaker. The Standing Order refers to a period of not less than eight minutes. It does not say "eight minutes"

I hope that the hon. Member is not accusing me of having the doors locked so that people might be injured.

Orders Of The Day

Transport Bill

As amended (in the Standing Committee), further considered.

New Clause 12

Memorandum And Articles Of Association Of The Successor Company

(1) Before the appointed day the Minister shall lay before both Houses of Parliament an order containing the memorandum and articles of association of the successor company to the National Freight Corporation.
(2) The memorandum and articles of association shall contain provisions to ensure that the Minister shall retain a majority of the securities of the company and that the assets of the successor company shall not be sold without the consent of the Minister.—[Mr. Prescott.]

Brought up, and read the First time.

4.27 pm

I beg to move, That the clause be read a Second time.

The clause is concerned with an essential feature of the Bill, namely, the denationalisation of the National Freight Corporation. It is designed to achieve certain safeguards in the transition from being a public company, or perhaps a nationalised industry or corporation, to being a public-private company. It seeks to protect the public interests of the employees as expressed in the objectives and purposes of the new company.

It is no secret that the Opposition will oppose the principle of denationalisation both in this piece of legislation and in others going through Committees. In the clause we are concerned with the doubts and uncertainties that have arisen as a result of the conversion of the National Freight Corporation into a private company. We must recognise that there is a phase 1 and a phase 2 in this transition. In phase 1 the company is transferred, on the appointed day, from the National Freight Corporation to a wholly-owned Government private company, and from there, eventually, with the selling of shares, to a private-public company or a public-private company.

We are therefore particularly concerned in this new clause about the objectives of the company and with details and information about the operation of the successor company, which normally can be ascertained from the memoranda and articles of association of a company. The clause is designed to give an opportunity to the House to debate and see the purpose and policy of the new company that is to be brought into being by this denationalisation measure.

During the passage of the Bill through Committee we expected and were not surprised to be told that the private company that will come into existence will be more favourably treated than the corporation. For example, it will not have to carry the heavy interest payments that are such a burden under the financial obligations of nationalised industries. Nor will it be required to accept the public duties that we have spelt out and the requirements under the 1968 Act that led to the creation of the National Freight Corporation. Indeed, it would appear that the sole objective is to maximise profits for private rather than the public good.

This new company is to be financed by a form of equity financing, which will clearly make it much easier for it to earn profits and compete with its private competitors. That is exactly the same area of competition in which nationalised industries have been forced to exist without equity financing. Admittedly this is a criticism of nationalised industry financing, that it had to operate under the penalties of heavy interest payments and borrowing from the Government for investment, as distinct from the more advantageous procedures that are adopted by private companies.

During the course of the debate in Committee we repeatedly requested copies of the memorandum and articles of association of this new company, but with no success, although we have noted that other Committees dealing with denationalisation measures have been fortunate enough to be provided by the Departments concerned with articles of association and memoranda. This applies to the denationalisation of British Aerospace and British Airways, where the same process is being pursued and nationalised companies are being converted to private companies.

We have not been given a great deal of substantial information on why it was not possible for us to be provided with articles of association and the memorandum relating to the denationalisation of the National Freight Corporation. That has meant that we have been less clear about the objectives and policies of the new company. We have had to rely upon our probing in Committee, and it has become increasingly clear that the position is somewhat fluid. A great deal of reflection is going on, and if we compare the answers that have been given on different occasions it is possible to see a considerable change in the thinking and attitude in two specific areas.

The first is in the proportion of Government shareholding. Members of the TUC and the trade unions have come away from meetings with the Minister under the impression that the Government will hold 51 per cent. of the shares, but the Minister has made it clear that that is not his view, and he has put it in writing that it is not his intention that the Government should have a majority holding. We have seen that what was to have been a substantial shareholding, as debated in Committee, has come down to a statement by the Minister that it is likely to be only a small Government shareholding. As yet we have not reached nothing, but according to the estimates of a number of people it is down to its lowest point. As I understand it, the Government still intend to have a certain number of shares in this company.

The second area in which there has been some questioning is that of the Government's intention, clearly stated on a number of occasions, both in the House and outside, that there will be no hiving off; that the intention is to pass the Corporation over as one entity to this private company. This matter was debated in the Committee, and the Minister said:
"I believe that State ownership has, up to now, denied the NFC the commercial freedom that is open to private sector firms and has shielded it from some of the rigours of commercial discipline." [Official Report, Standing Committee H, 19 February 1980; c. 1736.]
That is the thinking that led the Minister to justify denationalisation—that the present corporation does not enjoy sufficient flexibility or commercial freedom. If that is the case, I think that it is useful for the House to bear in mind, as did the Committee, the record of the National Freight Corporation. There seems to be general agreement that the corporation was a unique company and was given the task of attempting to achieve integration, particularly between road and rail. I shall not today enter into the argument about integration. We put that argument in Committee, and there is a clear record of my thinking on what integration means. The corporation had the specific duty of integrating, conducting research and maintaining good industrial relations. Those aims were all written in as its statutory duties.

Is that an indication that it was the hon. Gentleman's personal view that he was putting in Committee, or was it the Opposition's view?

I do not want to delay the House, but the Minister is probably referring to the more controversial issue of whether traffic should be directed. I said in that speech that in the 1968 Act there were powers, which the Bill is now repealing, which make it possible to direct traffic. I think that there is an argument, particularly in regard to energy use, for determining the priorities of certain areas of traffic. This is done on the Continent and in certain other countries, and I think that there will be an increasing demand for that kind of action in an energy-conscious country such as we are likely to be in the next decade. I have put the arguments on record and people can see them, and I hope that we shall have another opportunity to debate this matter. We have lost one hour of the debate, and it is difficult to be brief if I get dragged off into arguments about integration.

I am sorry to delay the hon. Gentleman, but the simple question that I asked was whether he was speaking personally or whether, since he is speaking from the Front Bench, he was putting the view of the Opposition. He keeps talking about his own view. Is it also the Opposition's view?

I put forward the Opposition's attitude to the process of integration between road and rail as was embodied in the 1968 Act. We are in opposition, and we are thinking through the policies again. Clearly that is a matter for consideration. We have heard it over South Yorkshire, and we have heard it over freight, and that debate will continue. I am sure that others may not agree with that view. There was a Labour Government who were not necessarily convinced of that view and did not implement the direction of traffic.

Things are changing rather rapidly in transport priorities, as the Minister must know, with the Channel tunnel, the Armitage inquiry into the effects of lorries, and all sorts of things. These changes are occurring not only in Britain but everywhere because of energy priorities. I have always believed, and opinion seems to be moving towards this, in the importance of having some form of direction of traffic based on certain criteria. At the moment it is directed only by price, but I think that other criteria should come in. That is the most that I can say about this matter. I have put my view. I think that it is shared by many people. Certainly it is shared by the trade unions and is Labour Party policy, as determined by conference decisions.

The basic point is that the corporation was given a specific duty to integrate, and was given the tools with which to do it. Because of those policies, it would seem that the nationalised industry had a specific responsibility to the community, and that was set out. We want to know whether such obligations are likely to apply to a private company. We presume that the overall objective will be to maximise profit and to ensure the greatest private gain, and that the public good, as determined in the duties imposed on the National Freight Corporation, will be given a lower priority.

Despite those major problems, and despite the fact that the National Freight Corporation existed in a highly competitive industry, in a depressed economy, which had a considerable effect on bankruptcies in the transport industry, it is generally recognised that the corporation did remarkably well.

The Minister congratulated the corporation on the way it tackled the difficulties that it faced over the past few years. The Select Committee on nationalised industries has also made favourable remarks about it. According to the reports on nationalised industries, the corporation's record on industrial relations is as good as that of any other company, and better than most. The general secretaries did not want to give evidence in any way to criticise industrial relations. That is a remarkable tribute to the corporation.

The productivity of the corporation increased considerably, although there was a 50 per cent. reduction in the labour force. That is a remarkable record, whatever the judgment about the loss of job potential. The corporation has been an innovator of certain types of traffic; so much so that Marks and Spencer has become a customer. It developed road rescue units, which can be seen on our motorways. It was successful in integraing the freightliner service—which was later transferred—and in the development of a computer to enable empty lorries to be used more efficiently. It has also played an important part in solving urban traffic problems and in energy conservation. Major training on heavy goods vehicles was done by the National Freight Corporation, which promptly lost its drivers to the commercial sector, which was not doing such training.

That is a considerable record of success by a corporation which controlled only 10 per cent of the market. Congratulations should be given to workers and management, particularly to Dan Pettit, who used to be the chairman of NFC. We all pay our respects to him, especially in respect of the lectures on intermodal systems for which the NFC was responsible.

Nevertheless, the Government gave a considerable amount of money to the corporation, as became clear in Committee. In 1978 the Labour Government wrote off £53 million of capital debt. That reduced the commencing capital debt to approximately £100 million. The reason why the original debt had increased to £53 million was the penal interest rate which the National Freight Corporation had to carry. That again is a reflection on the principles that we have imposed for the financing of nationalised industries.

Grants were also given by the Government to assist with the additional difficulties associated with taking on National Carriers Ltd. The corporation was asked to take on National Carriers Ltd, and was given more than £40 million in grants. The corporation certainly turned the corner, but a considerable amount of taxpayers' money was involved. To that extent, when we are considering what is to be done in selling off these assets, we should bear in mind that the corporation had turned the corner sufficiently to be a candidate for selling to the private sector. A lot of money was put in by the taxpayer, and this is an opportunity to get some return for the future.

The final accolade for the company is that the Government want to sell it off. They do not propose to sell off British Rail or other nationalised industries which are not able to make a profit. They are selling off only the profitable areas. A number of sweeteners have been thrown in to make it attractive to the market. For example, there is the writing off of high interest debt problems associated with the corporation. The burden of pension obligations has been made easier for the private company. There is the £40 million that will be available if the company becomes profitable for the setting off of profits against tax allowances. No doubt a good price will be set to enable as many shares as possible to be sold. The balancing act which the Minister will have to do is to decide how many shares he can sell and what price he will get for them. Substantial sweeteners are offered in selling off a concern that has considerable potential.

4.45 pm

There is considerable concern about the new company that will take the corporation's place, whether it is the mark I or the mark II version. The clause is designed to give the House an opportunity to debate the policy and objectives of the company that will he embodied in the articles of association and memorandum. The Committee was denied the opportunity to make that assessment. Yet other Committees dealing with aerospace and aviation in which holding companies are being established in a similar way have been able to see such documents. Why did the Government not give them to our Committee?

In Committee the Parliamentary Secretary said:
"We do not have any draft articles of association at the moment. They are being drafted by those who give legal advice to the Government. I understand that another Committee was given draft articles of association, but the arrangements for sale in that case were much more advanced than ours."
I have taken advice from my colleagues, and I am told that the sale of British Aerospace and British Airways may be delayed because they will be facing the same problem, namely, when is the best time to float shares? There is not a great deal of difference in the delay time, although the Minister may indicate that he believes that the time perspective may be different. We believe, from our proceedings in Committee and discussions, that the Minister envisages a delay which depends on when is the best time to sell the shares. That is why there are these differing transition periods.

When we pressed the Parliamentary Secretary in Committee, he said:
"I shall inquire of our advisers about the present stage of the drafting of the memorandum and of the company's objectives."—[Official Report, Standing Committee H; 14 February 1980, c. 1574–75.]
Six weeks have elapsed and the documents have still not been produced. Are we to be denied what has been given to other Committees of the House?

It is essential that hon. Members acting on behalf of the taxpayer should be able to make a proper judgment about two important matters. What will be the Government's share? Perhaps the Minister will say that it is only a small share. Will he tell us the size of the share ownership? Is it a requirement by the brokers that the Government should have a guaranteed portion of the shares? The logic of the argument is that the Government should sell all the shares and get all the money. Why are we told that the Government intend to hold a certain percentage of the shares? If that is true, it will be seen from the articles of association or the memorandum.

Secondly, if the Government's policy is to keep the NFC as a single holding and not to sell off the assets, they should make that commitment clear, as it was made clear in the articles of association in connection with aviation and aerospace. It was made clear that foreign domination of the company would not be allowed. Government policy was made clear in those documents, to which we have not had access.

When we asked the Minister in Committee how he could guarantee that once the company becomes a private company it will not sell off the profitable assets and allow the unprofitable parts to go to the wall, he said:
"Clearly, at some point, this must be a matter for the commercial decision of the new national freight company. I do not run away from that. I can give no guarantee about the future of the NFC over the next 10 or 20 years. That would be to limit its freedom.
If it has the commercial freedom—as I believe it should have—to develop in the ways that are best for it, and if control should, as I believe, go to the private sector, clearly the control has to be exercised and decisions taken. I do not pretend that there is any way in which I can control the activities of the NFC after it has become a company and gone out of the public domain."—[Official Report, Standing Committee H; 19 February 1980, c. 1737.]
That will hold only until the appointed day. The Minister was not guaranteeing anything. The legislation was doing that. The Minister was promising nothing. The corporation will remain as one unit. He meant that he was selling it as one unit. The industry wishes to maintain it as a successful integrated unit, as it is at present. Apparently the Minister is not concerned about that priority. He simply wants it to be sold as a commercial going asset, and what happens after that does not matter.

The employees are concerned about conditions in the industry, which they feel are associated with the cross-subsidisation that has been practised in the industry. They are concerned whether the new company will maintain the benefits that they have derived from the industry. Whether those fears are realisable and whether they have substance are matters of judgment. The importance for this debate is that the employees and unions feel that they have substance.

It is the Government's view that there must be maximum flexibility for continuing rethinking in the matter, but issues of policy must be decided. Some indication of policy is given in the articles of association and memorandums of British Aerospace and British Airways. I do not accept that it is a strategic matter. Questions need to be answered, and an indication of policy should be given in the articles of association and memorandum of the new company.

What will be the principle of policy control? What will be the role of the nominees and their influence in stage 1 of the company? What will be the capital construction? What will be the nominal value of the shares and the proportion of equity and security, which are of concern to the existing company? What period of time is envisaged by the Government between the appointed day and the selling of shares? What payments and obligations will be required from the existing company to pay the Government if there is a considerable period between the appointed day and the selling of shares? Under the interest payments, the Government were guaranteed £8 million. What will be the payments under the new security role? What will the taxpayer receive? Will the Government not ask for money back from the company, in order to make it an attractive selling proposition and to influence the price? It is fair to ask what proportion of shares the Government will hold. They say that they will hold the majority of shares in British Aerospace. How do they interpret a small share? A prospective shareholder needs that sort of information. Some indication on those matters is given in the articles of association and memorandums of other companies. It should be given in the articles of association and memorandum of this company.

I understand from the Minister that the Government have no intention of influencing commercial decisions. What will be the role of the Government if they hold only 10 or 15 per cent. of the shares? Is the taxpayer to be denied any right to participate in the commercial decisions of the company? If the Minister feels that there is some benefit in keeping the present corporation companies together, and if the new company proposes to break up the old company, will the Government use their shares to prevent such a policy?

Some indication of Government policy should have been given to the Committee, and it should be included in the articles of association and memorandum of the company. We feel that the new clause gives the House an opportunity to debate policy matters that should be included in the articles of association before the appointed day. The Government should make clear the political purpose of the Bill. Without doubt, we feel that it aims to denationalise and transfer to the private sector the National Freight Corporation. The Bill plunders the taxpayers' assets. It makes the Government an asset-stripper. The Government aim to acquire ready cash. The Minister desires to feed the Treasury with some money, whether from pensions or the sale of assets. That is also the Government's aim in selling and hiving off British Rail hotels and in their actions over British Airways and British Aerospace. Flexibility means a quick and ready access to cash.

The Bill is ideological because it rolls back the frontiers of the public sector. It also aims to please political and commercial friends—people who will gain from the transaction. It will reduce the public sector borrowing requirement. That is one of the fundamental reasons for this process—to fulfil the monetary madness policy of the Government, which even Professor Friedman found difficult to justify.

We believe that the Bill is more ideological in character than in commercial sense. We ask the House to support our clause because it makes sense and because it will provide hon. Members with a further opportunity to assert the matters of policy that they have been unable to assert in previous debates.

It may be for the convenience of the House for me to intervene briefly at this stage to set out the Government's general policy on the National Freight Corporation.

The hon. Member for Kingston upon Hull, East (Mr. Prescott) said that the articles and memorandum of association should be laid before the House, and that they should contain provisions to ensure that the Minister retains a majority of the securities of the company, and that the assets of the successor company shall not be sold without the consent of the Minister. That is a fundamental attack on our policy.

First, I wish to set out Government policy on the National Freight Corporation. The corporation is a public corporation operating in road haulage, and in a number of other related areas —cold storage, removals, and personal travel. The corporation takes the form of a holding company, controlling about 50 subsidiary companies, many of which are familiar. They include British Road Services, National Carriers and Pickfords. The Government do not feel that the State should be involved in the running of a road haulage business, and even less in the running of cold storage or household removal services, a travel agency or any of the other business in which the National Freight Corporation is at present engaged. The corporation is not the sole provider of an essential public utility. It comprises about 10 per cent. of the road haulage industry. In every type of business it is necessarily competing with the private sector in areas where the level of service and price must be determined by the free market. It is our view that the corporation should be subject to the disciplines of the private sector and enjoy some of the opportunities of undertakings within that sector. The restraints upon it should be lifted. It should be able to operate with a commercial freedom that it does not have at present. That which we propose has the full support of the board of the corporation.

5 pm

The Government contend that the denationalisation of the corporation as proposed in the Bill is the best possible way to serve the interests of the corporation, those who work in it, its customers and the taxpayer.

The Government intend to dispose of the controlling interest in the corporation. That will be achieved by changing the legal form of the corporation so that it becomes a normal Companies Act company with an appropriate capital structure, including shares which can be sold to investors.

All the assets of the corporation will be transferred to a company formed specifically for that purpose. All shares in the company will be held initially by the Minister or his nominee on behalf of the public. It is impossible now to make a firm commitment on timing. I have already said that that will depend on a range of factors such as general Stock Market conditions and the company's track record.

Our overall objective is clear—namely, to sell as quickly as possible a controlling interest in the company to private investors. I have made it clear—the hon. Member for Kingston upon Hull, East did less than justice to my case—that we have decided not to sell off individual corporation subsidiaries to the highest bidder. I recognise that I can give no guarantee on the future of the corporation after it goes into the private sector. I can give no guarantee on the corporation and the development of its business. However, the House should recognise that we have taken a strategic decision not to break up the corporation and to sell it part by part. We have decided to keep it together.

We want the corporation to go into private ownership as a single entity without any major changes in its size or in the range of its interests. Its prosperity and future—I do not run away from this —must depend to a large extent upon its success after vesting day. We believe that we shall ensure the best possible future for the corporation.

The corporation, as a nationalised industry, is subject to Government intervention at every stage of its operations. It is important that the House understands what nationalisation means in practice. Government control affects the appointment of the board of the corporation and the corporation's borrowing powers. It means that Government approval must be given for the corporation's investment programme. It means that there must be consultation on the corporation's general financial and business progress. There has to be consultation on issues that may have political implications. Government intervention also involves broader economic and social policies—for example, prices and incomes policy and employment policy. The corporation as a nationalised industry faces those constraints.

The Bill will make no changes to the position of employees or to their existing rights.

The Minister has said that the board supports the idea of selling shares in the corporation. He made no reference to the attitudes of the trade unions and those of the staff. As someone who knows something about the problem, I assure him that the vast majority of the corporation's staff want nothing to do with the Bill. All the indications are that they are concerned about their future prospects. They are especially concerned about resettlement and redundancy arrangements that might occur as a result of hiving off any part of the corporation. The Minister did not deal adequately with those issues in Committee, and he has not done so in the House.

I was about to deal with the employees' conditions of employment. If the hon. Gentleman is saying that many of those within the trade union movement, of which he is a much respected figure, do not agree with the Government's policy, I accept that that is so. I have never been left in any doubt about that. However, he has conceded that the board, which has responsibility for the direction of the corporation, is in favour of taking the course that the Government propose. We are taking this course because we believe that it will provide extra opportunities for those working in the corporation. There is no question but that nationalisation has held back the nationalised transport industries.

British Transport Hotels is a prime example. I do not mind taking the House into a general debate on nationalisation, but I have a feeling that the Chair would rule me out of order if I were to embark upon that.

Notwithstanding the initial views that have been expressed by those who work for the corporation—I understand them —I hope that it will be understood that our proposals have been introduced with the intention of developing business. After all, the future for those working for the corporation can be assured only by developed and better business.

There seems to be a feeling on the Opposition Benches that, because an organisation is in the public sector, job security is created for ever more. That is not so. That would not be so even if the corporation were to remain nationalised.