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Commons Chamber

Volume 19: debated on Wednesday 3 March 1982

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House Of Commons

Wednesday 3 March 1982

The House met at half-past Two o' clock

Prayers

[MR. SPEAKER in the Chair]

New Writ

For Glasgow, Hillhead, in the room of the hon. Sir Thomas Galloway Dunlop Galbraith, KBE., deceased.— [Mr. Jopling.]

Oral Answers To Questions

Foreign And Commonwealth Affairs

Eritrea

1.

asked the Lord Privy Seal whether he will make a statement on the situation in Eritrea.

Her Majesty's Government are concerned at reports of renewed fighting in Eritrea. The Ethiopian Government are aware of our belief that regional disputes should be settled not by violence but by conciliation and negotiation.

Does the Minister have any evidence that nerve gas has been used? Can he confirm that Russia supplied nerve gas in 1980? Can he say anything about the substantial number of refugees in Eritrea on the Sudanese border?

We noted that in a recent BBC external services broadcast the Ethiopian ambassador in London denied the use of any nerve gas, but if any evidence of its use becomes available we shall regard the matter very seriously.

As the hon. Gentleman knows, we give assistance to refugees in Somalia and in the Sudan.

I note what my hon. Friend said about conciliation and negotiation being the basis of the settlement, but is self-determination for the people of Eritrea a concept that Her Majesty's Government will support?

Since 1962 Eritrea has been regarded by the international community as an integral part of Ethopia. We have not changed our position on that aspect.

The House will be comforted by the Government's concern about the increasing rumours on the use of nerve gas. May we be assured that the Government are taking steps urgently to consider this matter? The anxiety, which exists in much wider areas than the British community, needs to be investigated in great depth. Will the Government take steps to bring the matter to the attention of those who may be responsible?

Yes. We have told the British ambassador in Ethiopia of the public anxiety about this issue and asked all those who have expressed concern to give their evidence, which we shall consider seriously.

Israel

2.

asked the Lord Privy Seal whether, during the forthcoming visit to Israel, the Secretary of State will make it a priority to seek to bring about a substantial and continuing improvement in relations between Her Majesty's Government and the Government and people of the State of Israel; and if he will make a statement.

We certainly aim to maintain excellent relations with Israel. My right hon. and noble Friend hopes that his visit to Israel will help.

As relations are currently poor and the fault is not all on one side, will my right hon. Friend confirm that when the Secretary of State goes to Israel it will be not only to put over Western perceptions and policies, but to listen to the views of the people and Government of Israel?

Yes, Sir. There are genuine differences of view between the British and Israeli Governments. However, there have been many unnecessary misunderstandings, which we are beginning to clear away. I certainly accept that that means consulting both sides.

When the Secretary of State visits Israel, will he make it clear to the Israeli Government that they can do a great deal to improve relations with Britain by ending what appears to be their on-going policy of illegal annexation, colonisation and, indeed, armed attacks against other countries?

We have made clear at the United Nations and elsewhere our rejection of the Israeli action over East Jerusalem and, more recently the Golan Heights. Therefore, there is no misunderstanding about that.

Is my right hon. Friend aware that the best single approach is for the Foreign Secretary to give his complete encouragement and support for the furtherance of the autonomy talks and negotiations that are a continuation of the Camp David settlement, which has the agreement of both Egypt and the United States?

I wish those talks well, but my hon. and learned Friend will have noticed the point repeatedly made by the Egyptian President in public that there is a stage beyond which one cannot discuss the future of Palestinian lands without the Palestinians.

There could be an exaggeration on the part of some people in respect of Israel's desire for security, but does the right hon. Gentleman accept that the security of the Israeli people is paramount in their minds, regardless of the fact that we may feel that they are pursuing it in a way with which we do not agree? Will his right hon. and noble Friend the Foreign Secretary make clear to the Israeli leaders his views and those of Her Majesty's Government and thereby allay Israel's fears about security in future?

Security is paramount in the minds of the Israelis, just as Palestinian self-determination is paramount in the minds of the Arabs. We must find a way to reconcile those two objectives.

Syria

5.

asked the Lord Privy Seal if the Secretary of State, during his forthcoming visit to Syria, will urge the Syrian Government to enter into direct peace negotiations with Israel.

In the search for a peace settlement in the Middle East we take every opportunity of urging all parties in the region to indicate their willingness to enter into negotiations with each other. My right hon. and noble Friend's forthcoming visit to Syria will provide a further opportunity to emphasise the need for such negotiations.

When the Foreign Secretary visits Syria, will he attempt to clarify whether President Assad said that he would never recognise Israel? If so, will he do everything that he can to make sure that that is changed?

The hon. Gentleman will know that Syria accepted resolution 338 of the Security Council, which embodied a reaffirmed resolution 242. Therefore, the position of the Syrian Government in that respect is clear.

Will my right hon. Friend confirm to the Syrian Government that the so-called annexation of parts of Southern Syria and the Golan Heights is regarded as totally unacceptable?

We have made that clear. As far as we are concerned, internal actions and measures taken by the Israeli Government have no international effect and are void.

Has the Minister considered the repeated assertion that Israel requires secure borders? Does he not feel that that should also apply to other countries in the region? Are they not also entitled to secure borders?

During the visit, will my right hon. and noble Friend draw the attention of the Syrian Government to the fact that they have not had an ambassador here for far too long and that it is necessary to have an ambassador at the Court of St. James if Syria's case is to be expressed consistently and forcefully in the media?

I am grateful to my hon. Friend for his remarks. There may be good news on that front before long.

Poland

6.

asked the Lord Privy Seal if he will make a statement on the most recent discussions between his Department and the Polish Government on the issue of human rights.

Her Majesty's Government have made it very clear to the Polish authorities that we deplore the massive violation of human and civil rights in Poland. We have called on the Polish Government to lift martial law, release those detained without trial and resume a dialogue with the Church and Solidarity as soon as possible.

I welcome that reply. Has the Minister had talks with and received the views of the International Committee of the Red Cross on the number of people in internment? Will he indicate the Government's anxiety over the fate of Mr. Lech Walesa? His continued incarceration should be deplored by all who want to see human rights extolled in this country and elsewhere.

We are in close touch with the International Committee of the Red Cross because of the handling of the humanitarian food aid that we and other countries are sending to Poland. Of course we deplore the detention of Lech Walesa without trial, just as we deplore the detention of anyone else. He is still detained, but he was recently visited by a Polish priest and appeared to be in good health.

Has the right hon. Gentleman noticed reports in today's papers of a speech by his right hon. Friend the Member for Sidcup (Mr. Heath) expressing criticism of sanctions against Poland? Does he agree with the right hon. Gentleman's assertion that the West can influence the situation in Poland only by pursuing a policy of detente in the long term?

I have seen newspaper reports of what my right hon. Friend the Member for Sidcup (Mr. Heath) apparently said in the United States yesterday, but I am too old a hand to rely entirely on newspaper reports.

In his earlier reply my right hon. Friend mentioned the importance of lifting martial law. Does he agree that we must be careful not to fall into the trap of thinking that the situation will be ameliorated by the lifting of martial law, which would not necessarily lead to the release of political prisoners or the return of human rights? There is no martial law in the Soviet Union and there are certainly no human rights there.

I agree with my hon. Friend, who may have noticed the communiqué, issued following discussions in Russia yesterday between President Brezhnev and General Jaruzelski, to the effect that any attempts to change the socio-political system further will be cut short in a most resolute manner. That applies not just to martial law. It is clear from that communiqué that there is no change of heart so far on the part of the Polish authorities.

The Labour Party sympathies entirely with the Polish working people against the junta. When will the Prime Minister speak out clearly and sharply over the evil repression in South Africa and in El Salvador—

I will take the hon. Gentleman's point of order after Question Time. [Interruption.] Order. I am not entering into an argument with the hon. Gentleman.

7.

asked the Lord Privy Seal whether he is satisfied with the steps the fifteen North Atlantic Treaty Organisation nations have taken to formulate an agreed policy of response to any further unfavourable developments in Poland.

The response of Her Majesty's Government and our North Atlantic Treaty Organisation allies to the situation in Poland was set out in the ministerial declaration of 11 January. That declaration also outlined measures which might be taken if the situation in Poland showed no improvement. A number of such measures have now been taken. Should the situation in Poland deteriorate further—we all hope it will not—NATO will certainly respond as indicated.

In view of the lack of allied co-operation over Afghanistan and Soviet sanctions—

Order. I am grateful for that assistance. The question is confined to Poland.

In view of the lack of allied co-operation in the former cases, will my right hon. Friend assure the House that, should the Soviet Union take over Poland, allied co-operation has already been agreed and will be immediate?

We have made it clear in NATO that any move by the Soviet Union to interfere directly in the affairs of Poland will be met immediately by the measures and rebuffs that we have described in the statement to which I referred.

Does the right hon. Gentleman agree that, whatever we may feel about martial law in Poland, that is no reason for breaking off or discouraging East-West peace talks? What good will it do the Polish, British or any other people if we continue the arms race, which can only have the same result as all past arms races?

The hon. Gentleman will surely have noticed that the discussions in general between the United States and the Soviet Union about the reduction of future theatre nuclear weapons are still going on. Furthermore, the review conference in Madrid relating to the Helsinki Final Act is also continuing.

If the situation in Poland deteriorates, will one of the options being considered by the Government and our NATO Allies be that the sporting relationships between the West and the Communist bloc should be put on the same basis as those with South Africa?

There are no sporting relationships between ourselves and the Soviet Union at the moment. [HON. MEMBERS: "Of course there are."] There are no events scheduled between ourselves and the Soviet Union at the moment.

I refer the House to the statement issued on 11 January to which I have referred.

8.

asked the Lord Privy Seal whether he considers that the joint European Economic Community initiative with regard to Poland is making any progress.

The position of the Ten remains as set out in the declaration of Foreign Ministers on 4 January, a copy of which was placed in the Library. The Community has discontinued food sales at special prices to Poland, and funds for that purpose have been diverted to humanitarian aid. European Community Foreign Ministers agreed on 23 February to allocate a further £4·5 million for this aid. There have not so far been the changes in Polish policies that we would wish to see.

Is it not a matter of deep regret that, despite the horror felt in the whole of the Western world about martial law being imposed in Poland, none of the measures so far taken by the EEC has had any effect whatever? Is it not clear that the military regime in Poland, supported by Russia, will in the end be influenced only by a totoal embargo on grain exports to the Eastern bloc?

The answer to the first part of my hon. Friend's question is "Yes". On the second part, I believe that the restrictions on credit upon which the Community has embarked in relation to Poland are having an effect.

Will the Lord Privy Seal make it clear that many of us who have been deeply concerned about human rights in other parts of the world are equally anxious about the situation in Poland? Is he aware that we are most concerned that he should make it clear everywhere that the Opposition are anxious that immediate steps are taken to release political prisoners and to provide proper freedom for the Polish people?

Is the Lord Privy Seal aware that some of us believe that the proposed sanctions are entirely cosmetic? Does he agree that sanctions, such as 2 per cent. of imports worth £140 million relating to luxury goods, are not the way to proceed? Would it not be better for the Ten to enter into discussions with the Polish Government about the release of prisoners and the removal of martial law than to have a pretence of action which adds up to nothing?

As I said earlier, we are in touch with representatives of the Polish Government. We have made precisely the points that the hon. Gentleman has made, but so far to no effect whatever.

Miss Ana Margarita Gasteazoro

10.

asked the Lord Privy Seal if he will publish the text of the reply received by the Foreign Office from the Salvadorean Government to their inquiries in 1981 about Miss Ana Margarita Gasteazoro's imprisonment.

It is not our policy to publish texts, but I can say to my hon. Friend that the El Salvador Government have told us that this is an internal matter and they cannot accept requests for information from the British Government.

I remind my hon. Friend that Miss Ana Margarita Gasteazoro was helpful to the parliamentary human rights group's visit in 1978. Does he agree that the detention for 10 months of an active democratic politician is not the best sign that the elections in El Salvador will solve that country's problems?

As I have already implied, we have made known the concern of hon. Members about this lady. Clearly, if people are detained in any part of the world they should be charged or released as soon as possible thereafter.

In those circumstances, how can fair elections possibly take place in El Salvador? Will the Minister reconsider the decision that he defended yesterday? If this lady, who is a member of the Social Democratic Party of El Salvador, is kept in gaol for a year without trial, what possibility is there for people on the Left to campaign adequately in elections?

I strongly favour the Government's policy to send two observers to the elections. That is a neutral act. They will see for themselves what the electoral process is like, form an independent opinion and publish their report.

Does my hon. Friend share my dismay and agree with me that, at a time when the Roman Catholic Church, the peasants' trade union and many other organisations in El Salvador are pleading with the world to support the elections, and when the neighbouring democratic States of Costa Rica and Honduras also support the elections, it is depressing in the extreme that Socialist International, and therefore the Labour Party, allied with the Liberal Party and the Social Democratic Party, should be hostile to democratic elections? [HON. MEMBERS: "So is the EEC."] Does he further agree that human rights—[Interruption.]

Does he further agree that the human rights of the lady in question and others in El Salvador will be protected if a constitutional Government can be constructed on the basis of democratic elections, which are rejected by all three Opposition parties in the House?

I agree with my hon. Friend that it is far more constructive to encourage the democratic process, and we believe that it is right to do so. We all note that the Roman Catholic bishops in El Salvador and the Pope himself at the weekend expressed the belief that elections should be held.

I doubt whether the Minister listened very carefully to the disgraceful words of his hon. Friend the Member for Wycombe (Mr. Whitney). Does he agree that the democratic Government of Canada, together with all the democratic Governments of Western Europe except Britain, have taken exactly the same view as Her Majesty's Opposition—namely, that there cannot be democratic elections in El Salvador while the whole country is controlled by a military junta which is committing the most appalling atrocities against the people?

This is getting rather repetitive. Yesterday we told the right hon. Gentleman that the Foreign Minister of Canada said that he believes that it is right to hold elections. His point about observers was that he would have preferred them to be part of an international team. The question is what is right for the British Government to do. We believe that the most constructive course is to send two representatives to El Salvador to observe the electoral process rather than sit here as armchair critics.

Madrid Conference

11.

asked the Lord Privy Seal if he will make a statement about progress at the Madrid conference.

The review meeting reconvened at Madrid on 9 February. Since then many Western delegations have spoken about the situation in Poland and have forcefully drawn attention to violations of the Helsinki Final Act by the Polish and Soviet authorities. My right hon. and noble Friend addressed the meeting in this sense on 12 February. There has been virtually no discussion since Christmas of other subjects.

In my right hon. Friend's view, has the Madrid conference produced any positive results in easing tension between East and West or in creating new confidence-building measures?

The tragedy is that, before martial law was imposed in Poland, we had made some progress towards agreement on a European disarmament conference and confidence-building measures, but it is difficult now in Madrid to discuss new agreements of that kind without first discussing how existing agreements have been flouted by Poland and the Soviet Union.

El Salvador

12.

asked the Lord Privy Seal what information is available to Her Majesty's Government about the incidence of human rights violations in El Salvador in recent weeks.

I have seen reports that civilians were killed during security force operations in the province of Morazan in December 1981 and in the suburbs of San Salvador earlier this year. There have also been reports of the killing of civilians by guerrillas. We have no independent means of verifying any of these reports.

Is the Minister aware that many people in this country are deeply concerned about Government action on human rights? Is he also aware that the Government's record is certainly not Persil-white? When will he and the Government come out into the open from behind Reagan's cloak and do something about the problem?

It seems strange that the hon. Gentleman should pose this question in such a hysterical way when if he had been present during the debate last night he could have made a contribution. [Interruption.] I do not recall his presence in the House.

During that debate—and clearly the hon. Gentleman did not listen—the Government condemned violence, from whatever source. We supported a United Nations resolution that a special rapporteur should be appointed to examine the violation of human rights in El Salvador. The hon. Gentleman does the House no good by making such fatuous allegations.

I shall allow this point of order, because there was a personal reference to the hon. Member for Ashfield (Mr. Haynes).

I ask for your protection in this matter, Mr. Speaker. The public schoolboys on the Conservative Benches think that this is a joke. I was in the Chamber during the debate last night. What is more, I did a duty as Whip on the Opposition Front Bench. Mr. Speaker, I need your protection from that scurrilous attack. The Minister ought to be ashamed of himself.

Order. Perhaps the Minister will withdraw his remark. I saw the hon. Member for Ashfield (Mr. Haynes) last night.

Further to that point of order, Mr. Speaker. What I was saying was that I did not hear the hon. Gentleman speak last night. If he was unable to do so for other reasons, I withdraw my allegation.

Does my hon. Friend share my view that there is nothing that the House likes more than discussing matters over which it has little or no control? Does he agree that, much as we may dislike what is happening in El Salvador, there is very little that we can do about it?

There is widespread anxiety about the situation in El Salvador. I agree that certain hon. Members seem to think that they have every right to interfere in the internal affairs of El Salvador. It is important to have a balanced judgment on this occasion.

Last night the Lord Privy Seal made great play of the fact that the Government have made many appeals to the El Salvador Government, and others, to bring offenders responsible for breaching human rights and causing deaths to trial. What effect have the Government's pleas had on the El Salvador Government, who, with their sponsored death squads, were responsible for thousands of deaths in 1981 alone?

Last night we had a full debate in which the whole House seemed to agree that there were two sources of violence—the Right wing, and some military elements, and the Left-wing guerrillas. It is sensible for the House to deplore violence from any source.

Falkland Islands

13.

asked the Lord Privy Seal if he will make a statement on his discussions with the Government of Argentina on the future of the Falkland Islands.

I met the Argentine Under-Secretary of State for Foreign Affairs for discussions on the Falkland Islands question on 26 and 27 February in New York. While we both agreed on the need to resolve the dispute, and discussed future procedures, I made it clear that we had no doubts about British sovereignty, and that no solution could be agreed that was not acceptable to the islanders and to the House. The text of the communiqué was published in the Official Report of 2 March and has been placed in the Library.

We have all read the bland communiqué and we have then read the reports from Argentina in today's press. Can the hon. Gentleman give an undertaking that under no circumstances will Her Majesty's Government countenance the transfer of sovereignty to a country that denies human rights, imprisons trade unionists, denies free elections and in every way goes against all the traditions held dear by the people of the Falkland Islands?

I can tell the hon. Gentleman that, without any shadow of a doubt, there will be no contemplation of any transfer of sovereignty without consulting the wishes of the islanders, or without the consent of the House. The statement reported to have been issued by the Argentine Government yesterday is not helpful to the process that we all wish to see that will resolve this dispute.

I congratulate my hon. Friend on the line that he took in talks with the Argentine Government. Has his attention been drawn to the somewhat aggressive statement in the Argentine press yesterday? Will he assure us that all necessary steps are in hand to ensure the protection of the islands against unexpected attack?

We have no doubts about our sovereignty over the Falkland Islands and no doubt about our duties to the islanders. The statement to which my right hon. Friend referred causes me and my right hon. and noble Friend deep concern, especially as the discussions last week were held in a friendly and cordial atmosphere. Yet, they have been followed by a statement that is most unhelpful. It causes deep anxiety and is not helpful to the process of finding a solution to the problem.

While the Minister's words are welcome, they would be more persuasive if the Government were willing to embark on an economic aid programme for the Falkland Islands. Can the hon. Gentleman say anything about that?

My right hon. Friend the Minister for Overseas Development is here and is answerable for aid problems. I think that he would want me to stress that the per capita assistance for the Falkland Islands is substantial and that the Government propose to continue in that way.

Overseas Students

14.

asked the Lord Privy Seal to what extent the policies of Her Majesty's Government on overseas students have affected relations with other countries.

It is the case that there has been a reduction in the number of overseas students coming here and that a number of Governments have expressed their concern about that.

If the charging of these fees for overseas students has affected foreign relations, trade and educational arrangments here, is it not apparent that the time has now come for a co-ordinated policy to be produced by all the Government Departments concerned, with the Foreign Office firmly in the lead?

This is an issue that concerns not just one Department but a great number of Departments. It is important for the future of our relations with so many countries that we should have as many students here as possible. As the House knows, it was necessary to take a decision to reduce public expenditure, and we had to bear in mind the economic constraints within which we were operating. I agree with my hon. Friend that the question is important, but we should await the report of the Overseas Students Trust, which is due to be published shortly. The Government shall be considering its findings carefully.

Is the Minister aware that the island of Cyprus does not have a university because when it was given independence the Government of the day—a Conservative Government—said that it would always be able to send its students to universities in this country? Now all classes and shades of opinion in Cyprus are viewing with alarm and dismay the fact that they will be unable to send other than a small group of wealthy students, and that the great bulk of students will go to America or Bulgaria? At the very minimum, will the hon. Gentleman ensure that special arrangements are made for Cyprus as a member of the Commonwealth, and in view of the promises made?

The matter does not concern only Cyprus. When we consider the report, it is important to take into account the nature of our relationship with many of our Commonwealth friends. It is also important to stress—and my right hon. Friend the Lord Privy Seal would wish me to do so—that we are spending substantial public funds on the overseas development assistance programme to support many students. About £42 million is to be spent in 1982–83 on maintaining about 14,000 students and trainees.

Is my hon. Friend aware that the good will and training that overseas students gather in Britain can be of great advantage to us in the long term? For example, is my hon. Friend aware that as students educated here become senior executives in their own countries they will orient themselves towards Britain? The Government should consider that seriously.

I agree about the importance of providing training facilities. That is why we attach importance to studying carefully the Overseas Students Trust report due to be published shortly. We shall look at it as constructively as possible, bearing in mind economic restraints.

Disarmament

15.

asked the Lord Privy Seal if he will make a statement on the progress of preparations for the United Nations special session on disarmament beginning on 7 June 1982.

The preparatory committee for the special session, of which we are a member, has drawn up the agenda for it. The preparatory committee's final meeting will be held in April and May, when it will conclude its procedural business and possibly begin discussion of substantive issues.

I recognise that there is an international agreement of sorts to ban the use of chemical weapons, but does my right hon. Friend agree that that ban would be much more effective if there were also an agreement to ban the manufacturing and the stockpiling of such offensive weapons? Will Her Majesty's Government use their good influence to promote that as an objective at the forthcoming special session?

My hon. Friend is right. There is a great deal of worry about chemical weapons. That is why Her Majesty's Government put forward the criterion for verification in the Committee on Disarmament on 18 February. Everyone who looks at the matter realises that satisfactory verification measures are the key to stopping the manufacture and stockpiling of chemical weapons. We have taken an initiative that we hope will be useful.

Is the Minister aware of the deep concern among—indeed the affront to—British people that a meeting of NATO Ministers has been called to coincide with the start of the special session on disarmament? Given the great public interest that exists throughout the world in the possibilities of success of the special session of disarmament, will Her Majesty's Government use all the influence in their power to get the NATO Heads of State meeting rescheduled to a more appropriate time?

That is a weak point. The NATO summit will last for two days, and the special session for more than a month. I should be surprised if the NATO summit did not address itself to arms control in the same way as NATO Heads of State have done in the past.

European Community

Inter-Community Relationships

55.

asked the Lord Privy Seal if he is satisfied with the state of relations between the United Kingdom and other member States of the European Economic Community.

Does my right hon. Friend accept that the admittedly small chance of there being a future Labour Government who would withdraw from Europe puts a cloud over relations between ourselves and our European colleagues? Has my right hon. Friend read a recent article in the New Statesman by Ann Clwyd, the Labour European Member, which pointed out clearly that it is not enough for Labour Party spokesmen to talk about their internationalism, but that they must prove it in practice?

Yes, Sir. The possibility of a future Labour Government seeking to withdraw Britain from the Community causes anxiety to our colleagues. However, I am happy to be able to reassure my hon. Friend that the likelihood of that is remote.

Is the Minister aware that any withdrawal from the Community will have a devastating effect on employment? Does he agree that the likelihood of achieving a similar favourable trading arrangement is an illusion of the Labour Party?

Can the Lord Privy Seal assure the House that the Government will reconsider the present doctrine of additionality under which funds voted for the development of our inner cities and Northern Ireland are simply absorbed by the Treasury and do not go to the benefit of the cities for which they are voted?

The second part of the right hon. Lady's question is more a matter for the Chancellor of the Exchequer than for me. Surprisingly, I agree with her on the first part of her question.

Is the right hon. Gentleman aware that some of us have already heard the stories about the devasting effects on employment, expecially when we were entering the Common Market? Is he aware that we were then told clearly by the advocates of entry to the Common Market that unless we joined millions of people would become unemployed? We entered the Common Market and millions are now unemployed.

Does the Minister agree that the negotiations on the budget proposals are causing a great deal of sourness? Is it not understandable that there will be sourness for as long as such problems face us, for as long as the CAP is not changed and for as long as the Rome Treaty cuts across the interests of the British people? Is it not better to accept the position of the Labour Party—

If the hon. Gentleman thinks that we can leave the Common Market without damage, he should consult his colleagues in the TUC.

Reform

56.

asked the Lord Privy Seal if he will list the reforms so far achieved in the Common Market since May 1979; and if he will make a statement.

The agreement reached on 30 May 1980, which provided for refunds of Britain's contributions to the Community budget for 1980,1981 and if necessary 1982, was a major achievement for the Government. It also included a commitment to a reexamination of Community policies with a view to a more durable solution. Discussions on this subject in the Community are continuing and we hope that they will soon be brought to a successful conclusion.

The Community has adopted a wide variety of measures in different fields during the period in question. Details can be found in the White Papers on developments in the European Community, which the Government publish at regular intervals.

In addition, a separate memorandum was deposited in the Library of the House on 23 December, outlining the many measures agreed by the Community during the recently concluded British Presidency of the Council of Ministers.

Is it not true that, the right hon. Member for Oswestry (Mr. Biffen) apart, the Government adopt a lickspittle subservience to the EEC? Is it not true that there have been no reforms, that the CAP remains inviolate, and that by virtue of its structure it cannot be changed without a unanimous vote, which is virtually impossible? In 1980, did not Britain have a deficit in manufactures and semi-manufactures of £2½ billion? We are helping to prop up the EEC. Where is the reform in that?

As always, there are none so blind as those who will not see. I direct the hon. Gentleman's attention to my answer referring to the documents that we have deposited in the Library. I suggest that the hon. Gentleman reads them, because then he will see the forward movements, strides and reforms that have taken place in the last few years of our membership of the Community.

With every deference to my right hon. Friend, does he agree that one of the reforms that has not been forthcoming is the elimination of the national trading practices of countries such as Italy, France and Belgium, which have worked against the best interests of Britain's manufacturing industries? Does my right hon. Friend agree that, sadly—and against my best wishes and instincts—Britain has been a soft option and a soft touch since we joined the EEC? When will we stand up for our best national interests?

I always mistrust questions that start with my hon. Friend's opening words. He said that Britain was a soft option in the Community. Our partners do not regard us in that light. I direct my hon. Friend's attention to the many improvements to the way in which the Community works, brought about at our initiative, and the further improvements that we are seeking. Of course, I do not pretend that all the problems have been ironed out. They have not, but that improvements have been made is undeniable.

Does the right hon. Gentleman agree that the only way in which Britain can get a decent deal—if that is possible—is by ending the common agricultural policy? If that policy were ended, would not France break up the Community?

We are discussing, not ending the CAP, but the changing it. That is one of the things that we are seeking. I remind the hon. Gentleman that the Heads of Government agreed in May 1980 that it should be altered. We are now engaged in that process and I hope that it will be successful.

Does my right hon. Friend agree that substantial reforms are required in the interests of all Community members, and that Britain's interests can best be enhanced by pointing out that we are one of the biggest customers for manufactures and agricultural products within the EEC?

I agree with my hon. Friend. Changes are needed in the way in which the Community works. We have been seeking to achieve them. We shall continue to do that and I believe that we shall be successful.

57.

asked the Lord Privy Seal whether any further progress has been made towards reforming the European Economic Community.

60.

asked the Lord Privy Seal if he has had any recent discussions with European Economic Community Ministers concerning future British contributions to the Community budget.

Although considerable progress has been made towards agreement on a set of guidelines covering the issues raised by the mandate of 30 May 1980, it has not yet been possible to reach complete agreement, in particular on the four key issues identified by the European Council last November. At the Foreign Affairs Council on 23 February, Ministers agreed to discuss the 30 May mandate at their meeting on 23 March. Before then the President of the Council and the President of the Commission will undertake a series of bilateral contacts with the member States.

How long does the Lord Privy Seal think we can decently continue the charade of pretending that there is a way of reforming the CAP? The right hon. Gentleman said that the mandate was given to the Commission on 30 May, almost a year ago. He assured the House that, based on that, the problems would be solved at the meetings on 23 to 26 November, under the British Presidency. The British Presidency ended in fiasco and Gaston Thorn is telling us that the whole thing is likely to break up.

Does the right hon. Gentleman not agree that we are rowing over the demand for £1,400 million of British money? Might it not be better to have a looser arrangement, whereby Britain is outside the CAP, does not contribute to the budget and has much friendlier relations with those countries?

No, Sir, it would not. I cannot say precisely how long it will take to solve the problem, but the Government remain determined to solve it in accordance with the agreement reached between the Heads of all the member States of the Community.

Is it not time that even this Government came to the conclusion that the EEC is beyond reform in respect of British interests? In particular, will the right hon. Gentleman bear in mind that Britain has made massive payments over the years and is still making them? Will the right hon. Gentleman also bear in mind the heavy unemployment in Britain and compare it with the situation in countries such as Austria, Sweden and Norway, with which we have previously been on a par?

The EEC is no more beyond reform than any other body—even the Labour Party.

Does my right hon. Friend agree that there has been some reform of the CAP, not least because in 1979 it took up about 80 per cent. of the budget while it now takes up less than 70 per cent. of the budget?

Yes, Sir. We are making slower progress than any of us want, but as long as there is progress it is our business to pursue the ends that we all desire.

Does the right hon. Gentleman not agree that over the years there has been attempt after attempt to reform the CAP and to achieve other reforms? However, there has been no reform. On this occasion, can we not ask the right hon. Gentleman for a clear declaration in the House that if we do not achieve the reforms—as seems likely—the Government will this time take a clear stand and bring the issue back to the House and to the British people for a clear decision.

No, Sir. Under the auspices of the Labour Government, a clear decision was reached in 1975. This Government are not prepared to give up as easily as the hon. Gentleman apparently is.

Will my right hon. Friend take this opportunity to congratulate my right hon. Friend the Prime Minister on having done more to assist our cause in the Common Market than any other British Prime Minister? Does my right hon. Friend recognise that the Opposition probably waffle because it is the only subject upon which they are united?

I agree with the first part of my hon. Friend's question, but not with the second part. I do not detect any more unity among the Opposition on this subject than on any other subject that is raised in the House.

Council Of Ministers

58.

asked the Lord Privy Seal if, at the next meeting of the Council of Ministers, he will raise the matter of the relations between the European Parliament and the Council of Ministers.

No, Sir. Relations between the Council of Ministers and the European Parliament were last discussed by the Council on 22 February and these discussions are being continued in the appropriate working group. In addition, discussions between the Council and the Parliament will be starting in the near future about the classification of expenditure in the Community budget and other aspects of the budgetary procedure.

Are the Govermnent altogether wise to slap down the European Parliament, where there is rather more support for a fair budgetary settlement than in the Council of Ministers? Does not the European Parliament serve a useful purpose in educating Opposition Members? During the recent catastrophic visit made by the right hon. Member for Ebbw Vale (Mr. Foot) and the hon. Member for Liverpool, Walton (Mr. Heffer) did they not discover that there is no support among the Continental Socialist parties for the alternative solution that they are putting forward?

Yes, Sir. The European Parliament serves an extremely useful purpose, but I cannot agree that the Council of Ministers is slapping it down. We are entering into discussions with it on a variety of matters of common interest. During our Presidency, before Christmas, we took particular care to bring the European Parliament into our discussions. Indeed, my right hon. Friend the Prime Minister was the first head of Government to attend a meeting of the Parliament, which she did on 16 December to give an account of the immediately preceding European Council proceedings.

At the next Council of Ministers, will the right hon. Gentleman put on the agenda—for discussion with the European Parliament—a subject that many find obscene, particularly at a time of high unemployment? I refer to the large golden handshakes that are given to the Commission's top members. Will the right hon. Gentleman confirm that Michael Kennedy, the retiring Irish Commissioner, is to receive £40,000? In addition, how much did Roy Jenkins receive when he retired, and how much does he still receive from the Commission?

I shall not do that and nor am I prepared to assist the hon. Gentleman in his campaign against a man who used to be his right hon. Friend.

Foreign Policy

59.

asked the Lord Privy Seal if he will make a statement on progress towards a common European Economic Community foreign policy.

The Ten continue to work closely together. Foreign Ministers met on 23 February in Brussels and a wide range of foreign policy issues were discussed. The practical measures to improve political co-operation agreed by Foreign Ministers on 23 October—known as the London report—are being implemented.

In what spheres will foreign affairs initiatives be taken by the Community in the next few months? Does my right hon. Friend expect any further developments that will affect the Middle East?

I expect political discussion and co-operation between members of the Community to continue and to improve as time goes by, in accordance with the arrangements made at the meeting in London to which I referred. I cannot now forecast the precise direction in which those initiatives will be mounted.

Will the right hon. Gentleman enlighten the House about the EEC's policy towards events in the Horn of Africa? Is the right hon. Gentleman aware that the Ethiopian Army, with the aid of Soviet Migs and tanks, has evicted ethnic Somalis from the Ogaden, their ancient homeland? Is the right hon. Gentleman further aware that, with the aid of EEC money, Ethiopian peasants are being settled on that land? Does the right hon. Gentleman accept that that is a form of genocide?

I am aware of the problems and difficulties in that part of the world and I know that such matters engage the attention of the Ministers of the Ten. No doubt they will be discussed.

Do not the Lord Privy Seal's pious platitudes about political co-operation sound slightly hollow given that a Community initiative on El Salvador was possible? Why did the Lord Privy Seal break ranks with the rest of the EEC over El Salvador, when that was a perfect example of an opportunity for a Community initiative?

At the Opposition's suggestion, the House spent three hours discussing El Salvador yesterday. I am sorry that the hon. Gentleman did not profit from that discussion.

Does my right hon. Friend agree that we would be better able to co-operate in foreign policy with our friends on the other side of the English Channel were it not for the fact that in the last two months of last year we had a balance of trade deficit in manufactures of about £830 million—almost as much as one year's deficit with Japan—and for the massive haemorrhage of jobs that our present relationship with the Community has caused?

My hon. Friend's description of the position is not accurate, and that position has had no effect on the political discussions between the Ministers of the Ten.

Reserve Forces And Adventure Training Scheme

3.31 pm

With your permission, Mr. Speaker, I should like to make a statement about our Reserve Forces.

In the White Paper in June setting out the conclusions of my defence review, I said that the Government were determined to give greater emphasis to the Reserve Forces, and that we intended to expand the strength of the Territorial Army steadily from 70,000 to 86,000 men and women.

Our first priority must be to improve the operational efficiency, equipment, accommodation and structure of the present Territorial Army. As the House knows, in the coming financial year we are providing for an increase in the average number of man training days to 42 for independent units, and if this increase is used effectively it will enable the Territorial Army to achieve a higher standard of training overall. We shall also be allowing selected units to recruit up to a total of 3,500 men and women above their establishment—to "overbear" as it is called—where they can make good use of the extra numbers.

We shall be raising new units. These will include the equivalent of two new regiments of Royal Engineers for home defence tasks—that is six squadrons in all. One extra company each will be raised for the Royal Irish Rangers, the 51st Highland Volunteers and the Royal Regiment of Wales. Reconnaissance platoons will be formed for 15 of the infantry battalions with a NATO role and signals rear link detachments will be provided to those NATO battalions which require them.

In addition, better use will be made of existing units through reorganisation. The infantry division based in Britain which will reinforce BAOR on mobilisation will include two brigades formed largely from Territorial Army combat units. This division will also rely for its logistic support on a regiment's worth of Territorial Army logistic units based in Scotland and the North of England. For home defence, the pressing need for improved reconnaissance will be met by re-roling three Yeomanry regiments.

The expanded Territorial Army must have suitable accommodation and equipment for its very demanding task. Twelve new Territorial Army centres will be started this year and existing accommodation will be modernised and improved. Issues of Milan anti-tank weapons and Clansman radios are proceeding well and that of the eight-tonne truck has just started. The LAW anti-armour weapon and the new small arms for the 1980s will be issued early to Territorial Army units assigned to BAOR.

I would also like to announce the creation of a new home service force which we plan to start by early September as a pilot scheme. It will be linked to the Territorial Army and will consist largely of men with considerable Service experience. The force will provide assistance to the regular forces in time of tension and war, particularly in the guarding of vital United Kingdom installations. A total of four trial companies will be raised in Scotland and Eastern, Western and South-Eastern districts. If the scheme is successful, I envisage that the strength of the force could reach 4,500.

We must be able to mobilise our reservists rapidly. The new computer-based individual reinforcement plan halves the time needed to mobilise our regular reservists. In last year's exercise over 90 per cent. of reservists reported and we shall build on this major success so that the scheme will eventually cover more than 50,000 men and women.

We shall go ahead with re-equipping the Royal Naval Reserve. Two of its three highly effective mine hunters have already undergone major refits and the third is currently doing so. We aim to replace the RNR's minesweepers by new vessels—Fleet minesweepers—at the earliest opportunity; and I can confirm to the House that we are now taking fresh tender action and that orders for the first batch of four will be placed this year.

In the case of the Royal Air Force, the House will be aware that three Royal Auxiliary Air Force Regiment squadrons for the ground defence of operational airfields were set up on a trial basis in July 1979 at Honington, Lossiemouth and Scampton. I intend to form further squadrons at St. Mawgan, Brize Norton and Marham in the course of the next two years.

Finally, there are the Cadet Forces, which have an important role in youth community service and as a source of recruiting to the Regular Services. We plan to provide some additional support for them in 1982–83, including an increase in expenditure on essential work services and new huts.

The significance of Reserve Service lies not just in the extra military capability which it gives, vital though this is. Just as important is the demonstration which it provides of the British people's commitment to their own security. The defence of our nation must be seen to depend not only on the quality of our elite professional Armed Services but also on a widespread popular commitment to our national defence. Most important here are our young people, who have little opportunity to come into contact with our Regular Armed Services—a high proportion of whom serve in Her Majesty's ships or abroad.

Due to the very low numbers leaving the Armed Services at present and the consequential reduction in recruit intakes, there is currently some spare capacity in the training establishments of all three Services. I have, therefore, examined a number of possibilities for temporarily filling our excess capacity and have decided on the following scheme. My intention is to offer up to 7,000 young people a short two or three week period with each of the Armed Services, starting from the middle of April this year.

The courses and all travelling will be free. Young men and women would apply through recruiting offices and would undertake courses with Service instructors covering a range of activities of the kind made available now on Outward Bound courses. Applicants from the Cadet Forces will have priority. The courses will be short, but I hope that a period of mixing with Service instructors will give the young people concerned an insight into Service life, leading on to the possibility of interesting them in joining the Reserves.

The expansion of the TA and the RAF Reserves, the creation of a pilot scheme for a new home service force, the continuing success of the Royal Naval and Royal Marine Reserves which are fully up to strength, and the more rapid system for the assembly of our Regular Reservists will combine, I believe, to form a useful strengthening of our defences. The modest, wholly voluntary, scheme that I have announced for young people will, I hope, prove to be a success.

The Secretary of State ends his statement with the words:

"The modest, wholly voluntary, scheme that I have announced for young people will, I hope, prove to be a success."
It is not quite as ambitious a scheme as we were given to understand from the leaks in the press. Indeed, it is a very small scheme, involving 7,000 young people for two or three weeks.

We have had a Reserve Forces statement about a programme that is not very revolutionary and not very large. It is surprising to note that the statement has been made by the Secretary of State for Defence and not by one of his junior Ministers. Presumably the reason for that—[Interruption.] We have heard a very long statement and it is customary for the Opposition to reply to a statement and to ask questions afterwards. The Minister of State for the Armed Forces has been in the House long enough to know that.

I believe that the statement follows the realisation that on each side of the House there is alarm, fear and worry about the cost of the Trident programme and the effect upon the conventional defence of this island. This "modest" scheme for Reserve Forces would have come in any event. It is designed to cover up the deficiency in our conventional Forces. Is it not a fact that the Secretary of State's press release of 25 February 1982—only about 10 days ago—showed that total recruitment for the Armed Forces was down by 54 per cent. in the last half of 1980? compared with the last half of 1980? Is it not a fact that the number of Royal Naval officers has decreased by 50 per cent. in the same period, and that Royal Naval ratings have decreased by 87 per cent.? Is it not a fact that the Army is down by 55 per cent. and that the Royal Air Force is down by 25 per cent.?

In the light of all that, is it not true that this statement is merely a smokescreen to try to prevent the House from understanding what is being done to our conventional Forces?

I decided to make the statement myself because in the defence White Paper which we published last June—just before the right hon. Gentleman took his present post—I laid considerable emphasis on the need to expand our Reserve Forces. It was an essential part of the defence White Paper, and I regard it as being of the greatest importance to our defences, as I said last summer.

When the right hon. Gentleman says that the scheme for young people is not as ambitious as some newspapers predicted, I am not quite sure whether he wants it to be more ambitious or less ambitious. He did not make that clear. At one time I hoped that we might have a more ambitious scheme. One of the ideas that we considered—using it as part of the youth employment arrangements—was opposed by the Manpower Services Commission, so we did not proceed with that more ambitious scheme.

In answer to what the right hon. Gentleman said about numbers, I can only tell him that the Services now have greater numbers than they did when his Government left office. The strength of the Armed Services is far greater now than it was when he was a member of the last Labour Government.

On recruitment, the right hon. Gentleman is quite right when he says that the last quarterly figures show that the outflow from the Services—the number leaving the Services—is lower than at any time since conscription. We should be pleased about that, because it shows that we have highly trained professional Services. Because the outflow from the Services is so low, recruiting this year will be about 23,000 for all three Services, instead of the higher figure that we would expect if retentions had not been so high. So our conventional Forces are overwhelmingly stronger than they were when the right hon. Gentleman's Government left office, and that is the way that it will remain.

I regret that we have not been able to press ahead with the more ambitious schemes to which my right hon. Friend referred, but I congratulate him on his statement today. Has he any intention to increase the number of regular officers and NCOs who are attached to Territorial Army units to increase operational efficiency?

My hon. Friend was most interested and worked hard on this issue when he was with me in the Ministry of Defence, and I am grateful to him for all the work that he did. We are following the recommendations of the Shapland report. We are creating specialist training teams and recruiting teams which will be composed of regular soldiers, NCOs and officers in an endeavour to improve the training, recruitment and efficiency of the existing TA.

Order. I propose to allow questions on the statement to run until 4.10 pm. If questions are to the point, I should be able to call everyone who wishes to speak.

We welcome the strengthening of the Territorial Army. Can the Secretary of State say more about the reconnaissance platoons that are to be attached to the NATO-linked TA units? On the youth scheme, which can only be described as an adventure holiday scheme, is he aware that there is nothing in the scheme to which anyone can take exception, were it not for the fact that the Government are unable to tackle the major problem of 3 million unemployed people?

I described the scheme as a modest one. I make no huge claims for it. If it is popular among young people and they experience Service life, it will prove useful; I put it no higher than that. I believe that it will be popular, and I hope that young people gain something from it.

The reconnaissance platoons will be three Yeomanry regiments which will be re-roled—they will be given a different task. They will be involved in home defence tasks, not in BAOR reinforcement tasks. The idea is to make them more mobile, so that the Commander-in-Chief United Kingdom Land Forces has mobile units to move around the country to meet emergencies.

As a former member of the Auxiliary Air Force, may I tell my right hon. Friend how delighted all auxiliaries will be about their expanding role in the defence of the country? In view of the great success of the auxiliary squadrons in the last war, is there any hope of a flying role for auxiliaries in the future?

We do not have a scheme of that kind at present. As my hon. Friend knows, we are still short of pilots. One of our greatest problems in the regular RAF is finding sufficient pilots. We are doing our best to recruit more, and the numbers are increasing. At present there is no plan to use the Auxiliary Air Force in a flying role, but I take note of my hon. Friend's wishes.

Since at least 50 per cent. of the combat Forces that are available to Allied Command Europe in a time of conflict will come from Reserves, is it not imperative that Britain's contribution to those Reserves should be credible? Will the Secretary of State therefore answer the following three questions? First, will he say a word about the retention rate in the second year of the Territorial Army? Secondly, is he satisfied with the quality of the current training and equipment of the Volunteer Reserves, both of which are crucial to a properly motivated Volunteer Reserve Force? Lastly, is there not a danger of being complacent about the effect that the individual reinforcement plan will have on a requisite rate of readiness?

Exercise "Crusader" which, as the hon. Member knows, involved many thousands of our Reservists for the reinforcement of our regular divisions on the Rhine, was an enormous success. It was thought by all our NATO allies to have gone remarkably well, and it greatly increased the confidence of NATO to reinforce and reinforce rapidly. The retention rate in the Territorial Army is not satisfactory in many units. The wastage rate in many of our TA units is too high, and we are anxious that the new specialist training teams should help to improve the motivation and retention rate of some of the existing TA units. They vary widely from one unit to another, but I agree that there is much room for improvement.

I did not understand the hon. Gentleman's question about the reinforcement plan, so I am afraid that I cannot comment on it.

I congratulate my right hon. Friend on his statement. Has he any plans to increase the establishment of the Royal Marines Reserve?

The Royal Marines are fully up to strength and are highly successful. Recruiting is going very well, and much as I should like to increase the Royal Marines strength at present there are no plans to do so.

I was a serving member of the Army and a member of the Army Reserve. Are not the short courses for young people a measure of the complete bankruptcy of the Government's policies—that they must run round the streets picking up people to fill vacancies in establishments of Her Majesty's Armed Forces? As to the Territorial Army, which has an important part to play in Britain's defence, and the home service force being linked to the Territorial Army, why does not the Secretary of State think about spending some money on the recommendations in the Shapland report to improve the efficiency of the Territorial Army?

On the hon. Gentleman's latter point, that is exactly what we are doing. We shall be spending an additional £12 million on the Territorial Army in 1983–84 above what had originally been intended. During the next three or four years we shall increase expenditure on the Territorial Army by about £50 million. We have made a relative switch from the total Army budget into the Territorial Army. We are following the broad thrust of the Shapland report and many of its details are being implemented.

We must see whether young people are interested in the scheme. If they are, the bankruptcy of the hon. Gentleman's approach to the matter will be proved by the scheme's success. If youngsters are keen to spend a fortnight or three weeks with the Services, both they and I will be content, and the hon. Gentleman's comments will prove to have been bankrupt.

Is my right hon. Friend aware that those who try to give sensible, non-partisan attention to defence matters will welcome what he has said today? What progress is being made in expanding the Territorial Army in the way envisaged, apart from his statement today about the future? How is the home service force to be commanded, and what will be its structure? Similarly, how will the Royal Naval Reserve and the young persons' scheme work? Will he confirm that the latter scheme is welcomed by the Armed Forces, and will he tell us how it is to be operated on the ground?

The time scale for the build-up of the Territorial Army must depend upon our progress in recruiting. The speed at which we can build it up depends on the number of people coming forward to the new units. I hope that, within the next two or three years, if our plans are successful, about 15,000 more people will have joined the Territorial Army since we took office. The expansion is going well.

The easy way to get the home service force off the ground on a trial basis is to link it initially to the Territorial Army. That is the plan. The pay and bounty arrangements, which we must settle finally, will be linked to the Territorial Army. The Royal Naval Reserve is up to strength. Our overwhelming need in the Royal Naval Reserve is to receive four new trawlers, orders for which we hope to place this year. The Reserve has 11 vessels at present. It is up to strength and doing well.

I do not recall my hon. and learned Friend's question about the scheme for young people.

Order. With all respect, I believe that the hon. and learned Gentleman has had a good run.

Why is the Ministry of Defence spending money on the youth scheme if it will get nothing out of it? Is it out of the goodness of its heart, or is it because this is a prelude to compulsory national service for the unemployed?

It has nothing to do with national service or conscription. It is a voluntary scheme. No one needs to apply for it unless he is interested in it. It is likely to generate considerable interest, especially in the part of Britain from where the hon. Gentleman comes. I am sure that youngsters will note his rather lukewarm views on the scheme. We are spending money on young people because we believe that they are worth it.

Because of the present high retentions in the Services and our belief that recruiting will be lower as a result of that, we have some temporary spare capacity in our training establishments. We may as well use it in a useful way. In addition, if some of the youngsters enjoy the scheme and are interested in it, they become potential recruits to the Territorial Army, the Royal Naval Reserve and the Royal Air Force Reserve, which will be beneficial to our defences.

As a reserve soldier in my last few weeks of 30 years of voluntary service, may I ask my right hon. Friend whether the overbearing for Territorial Army units will include overbearing in every rank, because it is important that there should be opportunities for promotion if recruiting is to be at the maximum? Also, bearing in mind the exceptional service of the Reserve Forces in time of war, will my right hon. Friend consider carefully the names of the units to be resuscitated, because some famous names should be encouraged and will lead to a much greater emphasis on recruitment?

Naturally, the idea of creating or resurrecting some of the famous cap badge names greatly appeals to me, as it does to my hon. Friend. However, as we must have a steady and well-ordered expansion of the Territorial Army, we believe that it would be more sensible to create new units and add them to existing regiments and battalions for the time being. We do not intend to create any new cap badge units or to resurrect old ones at present.

We wish the overbearing to be relatively flexible. It must be a controlled arrangement. I intend that units that are recruiting well should not be restricted to the extent that they have in the recent past. There should be room for successful units to recruit more people. However, I take note of my hon. Friend's remarks about all ranks, and I shall ensure that they are properly studied.

Does the Secretary of State agree that our Reserve Forces provide the best value for money of all our Services? Will he also bear in mind that, during the past 20 years, we have blown hot and cold in calling for volunteers and then axeing units shortly afterwards? That is the reason for the wastage of Territorial soldiers. Will the right hon. Gentleman try to maintain some continuity at least in the next few years? The three weeks training at defence establishments is a step in the right direction, but will the Secretary of State also consider that some of our Service apprenticeship schools are undermanned because of defence cuts? Is there any possibility of training young people not for the Armed Services but for industry?

The Ministry of Defence is by far the largest recruiter and employer of apprentices in Britain. I wish to expand that. We put schemes to the Manpower Services Commission to enable us to recruit more apprentices through MSC arrangements, but that did not find favour with the MSC for reasons that I do not criticise. It is expensive to recruit an apprentice compared with other sorts of training. I agree completely with the hon. Gentleman that we wish to have stability and continuity in the Territorial Army. Some of the things that have happened to it—blowing hot and cold, as the hon. Gentleman said—have not helped. I am grateful to the hon. Gentleman for welcoming the scheme for young people, which I hope will go well.

Most people who are interested in defence, the Cadet Forces and young people will welcome my right hon. Friend's statement. As a serving officer in the Royal Air Force Volunteer Reserve, I endorse what my right hon. Friend said. Will he consider the experience of the Royal Hong Kong Auxiliary Air Force in the training of pilots to see whether any lessons can be learnt from it? Will he also confirm that serving members of the Royal Air Force Volunteer Reserve, who travel long distances to their units, will in future not be out of pocket as a result of travelling to those units?

I shall look into that important question. I am conscious of the point made about the need for some flying opportunities for the RAF auxiliary. I have examined the American practice, which my hon. Friend knows all about. I should like to see whether we could develop in that direction, but it would require more assets. At present, all our money is going into the re-equipment of the regular RAF. It would be an expensive route to move down at present. However, I am broadly in favour of my hon. Friend's ideas and we shall continue to discuss them within the Ministry of Defence.

Is my right hon. Friend aware of the growing public awareness of the social value of some form of national service? Does he agree that perhaps the time has come for the Government to set up an inquiry into a national service that offers the choice of civilian or military service?

That is a wider question than the one to which my statement was devoted. We have chosen voluntary service rather than conscription for our Armed Forces in the last few years. We can recruit the volunteers we need for our professional Armed Forces, and in that way we keep Service men for longer periods. It means that they are highly trained. Indeed, they need to be to use the highly sophisticated weapons of today. We have gone down the voluntary route rather than the conscription route. The wider scheme mentioned by my hon. Friend will continue to be debated publicly, but, as he knows, compulsory service in the Armed Forces does not find a great deal of favour within my Department.

What is the financial cost of this scheme? Will it be additional to the existing £12 billion expenditure on defence? Is not the high retention in the Services due to the fact that we have 3 million unemployed? As well as giving youngsters an opportunity of military service, why not give them an opportunity of undertaking voluntary service overseas?

There is nothing to prevent young people from serving overseas. I hope that they do. I am providing them with another option—a two-week or three-week Outward Bound-type course with the Services. I am greatly in favour of young people serving overseas for a time, and there are facilities to enable them to do so.

We should be pleased about the high retention in the Services. It means that our Armed Services are better trained, because the experienced people are remaining longer. That seems to be worthwhile.

The cost of the young peoples' scheme will not be very great because we shall be using capacity that must remain in use anyhow. The costs relate mainly to travelling to the places where these activities will take place and to food. We estimate that the extra cost will be about £1½million. We think that that is useful expenditure, both for the young people and because it may interest people in the reserve service.

As a serving member of the Territorial Army, may I tell my right hon. Friend that his statement will be welcomed, particularly the increase in manned training days on which much of the continued viability of the TA depends? Is he aware that the viability—indeed, the credibility—of the TA depends upon its equipment? What are his plans, and the time schedule for them, for equipping the TA with Clansman radios and Milan anti-tank weapons? As an ex-airborne soldier, may I ask whether he will consider the reactivation of a Territorial airborne brigade?

I am afraid that at the moment I cannot act on my hon. Friend's last point. The Milan and Clansman deliveries are now coming forward well. We are setting the number of manned training days at 42. It will probably take time to move up to 42; it will not happen overnight. If we are successful in building it up to 42, we intend to move it up to 44 days. We are perfectly happy to do so, but there is no point in doing so until the 42-day period is successful and we have made it stick.

Apart from equipment, the TA has buildings in which it can operate. This year we shall start new centres in 12 locations—Bangor, Bedford, Sutton Coldfield, Telford, York, Colby Newham, Walsall, Colchester, Bath, Widnes, Aintree and Alnwick.

Will not the total cost of this extension of the home service and the youth scheme be several million pounds? Is it not remarkable that the Minister has said that he and the Government are concerned about young people when they are cutting student grants as well as higher, further and secondary education? The right hon. Gentleman does not fool the House by cynical manipulation of the unemployed. Will he confirm that the youth scheme is designed as a public relations exercise because he is green with envy at the enormous success of the Campaign for Nuclear Disarmament among young people and wants to show that the massive expenditure so uselessly devoted to the Armed Services is doing some good?

I wish that the hon. Gentleman had gone on the youth adventure scheme; I think that it would have done him a lot of good. I only regret that the age limit is too low. I think that compulsory service for some hon. Members would be valuable for the country, but I am not in favour of it as a general principle.

Is my right hon. Friend aware that all Conservative Members. warmly congratulate him on his statement and the terms in which it has been made? What about the fuel shortages that are currently experienced by Territorial units? Will the new units to be set up get a further allocation of fuel, and will my right hon. Friend make more fuel available across the board for TA exercises?

We hope that the fuel restrictions will be less severe in the next financial year than many of the problems that all three Services have suffered this year. I am anxious that that should be the case. I speak from memory, but I think that Ministry of Defence purchases of oil amount to about £800 million a year. If the price of oil falls, that will ease our position and will be welcome. I understand from the newspapers that it is not welcome to all Departments, but as a customer spending £800 million a year on fuel I welcome it for the help that it will give.

Is the right hon. Gentleman aware that among people who walk and climb in the countryside there is considerable concern about the attitudes demonstrated by some military instructors who see the countryside merely as a physical obstacle course and have little concern about it? Will he ensure that in these courses there is a fair balance between teaching physical skills and a concern and interest not only about the countryside but about human dignity and human life? Is it not absurd to be cutting many local authority outdoor pursuit centres while at the same time introducing this scheme?

The qualities described by the hon. Gentleman as being desirable are the very qualities that we wish to develop in a short scheme of this sort. Respect for the countryside and all the other things that he described will, I hope, be part of the central objectives of the scheme. In fact, as one of the largest landowners in the country, the Ministry of Defence places conservation at the top of its objectives and has always done so. I am sure that the hon. Gentleman will agree with me that this is a valuable role.

As another Army Reservist, I ask my right hon. Friend to recall that the bulk of the TA was axed by the Labour Government in 1967. Is he aware that his statement goes a very long way to redressing the balance and that there will be hopes that the regimental battalions will in due course be restored?

I am very well aware of that, and I am glad that my hon. Friend noted it.

I hope that the House heard the hon. Member for Keighley (Mr. Cryer) say from a sedentary position that he thought it very good that the Labour Government had axed the TA. I put that on the record as being indicative of the attitudes that exist in the new Labour Party.

My hon. Friend the Member for Keighley (Mr. Cryer) asked the right hon. Gentleman a question which he dodged. Will the right hon. Gentleman come clean with the House? What are the costs of these proposals? Why does he not tell us what they are?

I have already given that information several times. I have said that the extra cost for the Territorial Army expansion will be about £12 million in 1983–84. I have said that the youth scheme that I have announced will probably cost about £1,500,000 a year. As for the trawlers for the Royal Naval Reserve, the order for a batch of four which we will place this year will cost about £10 to £12 million throughout the building period. I thought I had answered those questions. What other questions does the right hon. Gentleman want me to answer?

House Of Commons (Broadcasting)

On a point of order, Mr. Speaker. It will be within your memory, Mr. Speaker, that yesterday afternoon I raised a question with the Prime Minister about the taxation of widows' pensions under the mineworkers' pension scheme. Yet I received a telephone call this morning asking me why I had not used the opportunity to raise this matter with the Prime Minister since another hon. Member raised a similar question. It is clear to me, since the constituent who telephoned me had expected the news to be in the late-evening programme about the proceedings in Parliament, that she had not been told that her Member of Parliament had used the only available opportunity to raise this question with the Prime Minister.

There seems to be some personal bias. It is quite clear that the editor has done this on a number of occasions when other Back Benchers and I have been concerned. Therefore, Mr. Speaker, I am asking you not only for your guidance but for your protection in offering the House some way of sharing the system of editing the news programme "Today in Parliament".

When the House resolved to have its proceedings broadcast, it consciously decided that it did not wish to have editorial control over the substance of the broadcasts. There was a debate on the question. I quite understand the feelings of the hon. Gentleman, who has asked an important question, but the House has given editorial responsibility to the BBC.

May it be said, on behalf of most hon. Members, that we consider the editorial work of the BBC to be eminently fair?

I am quite sure that the comments of both hon. Members will have been heard. I get in every day, so I have no complaint!

Ballot For Notices Of Motions For Friday 19 March

Members successful in the Ballot were:

  • Dr. Edmund Marshall
  • Mr. Tim Brinton
  • Mr. Clinton Davies.

Bill Presented

Water Authorities (Public Accountability)

Mr. Christopher Murphy, supported by Mr. Richard Alexander, Mr. Jack Aspinwall, Mr. Michael Brown, Mr. John Carlisle, Mr. Denshore Dover, Mr. Harry Greenway, Mr. Warren Hawksley, Mr. Matthew Parris, Mr. James Pawsey, Mr. K. Harvey Proctor and Mr. Gary Waller, presented a Bill to make mandatory under section 6(8) of the Water Act 1973 the appointment of a water consumers' committee: And the same was read the First time; and ordered to be read a Second time tomorrow and to be printed. [Bill 77.]

Hotels And Restaurants (Control Of Service Charges)

4.15 pm

I beg to move,

That leave be given to bring in a Bill to regulate the administration of service charges in hotels and restaurants; and for connected purposes.

This is a simple, uncontroversial measure designed to produce justice for the customer of an hotel or restaurant as well as for the staff of the same establishment.

Few people who patronise an hotel or restaurant are immune from service charges. Amounts range from 10 per cent. to 15 per cent. and are commonly added to most bills. It is obligatory to pay it. Remarkably enough it has to be paid despite the service provided and whatever its standard. In the best hotels and in the worst, if the service charge is on the menu when one orders, one must pay it.

The rub for the staff is that the service charge—designed as it was to spread gratuities and tips more fairly and equitably to staff—is, incredibly, the legal property not of the staff but of the management. Last year, Lord Gowrie, then Minister of State, Department of Employment, told me:
"As things stand at present, this money is the property of the employer and he may use it in any way he chooses including for payment of the statutory minimum wage rates laid down by the Wages Council."
That is outrageous, skinning, as it does, both the customer and the staff at the same time.

The principle of the service charge is that it goes to the staff eventually, even if they do not own it, even if they know little of it and its distribution, and even if it is simply used to pad out the disgracefully meagre minimum rates laid down by the wages council. However, even that is not happening. Employees have no right to know how much is collected by the employer in service charges, nor how or if it is distributed to the staff. At best, therefore, a suspicion is left in people's minds about the destination of the money and at worst—and this is all too common—service charges are simply skimmed off as extra profit.

Last June the major hotel trade paper, the Caterer and Hotelkeeper, in an editorial entitled "Tipping needs cleaning up", stated:
"Service charges levied automatically on bills have the merit of allowing those staff to share some of the revenue supposedly given by the public in appreciation of the quality of the service to which they have contributed indirectly."
However, it went on:
"The problem here is once the system has been in operation for a while, staff no longer know whether revenue from service charges really is being distributed to them, and, if it is, how it is shared out."
Even the trade itself, therefore, recognises the existence of the problem. One hotel owner has written to me saying that since the expression "service charge" is so notorious in the industry as just another name for siphoned-off profits, he refuses to use the term and puts on his bills, "Levy in lieu of staff gratuities". A restaurant which I visited recently puts at the foot of its bills "Service charge where levied is collected by us on behalf of our staff". In these cases at least, the customer knows where his enforced gratuity is going, but these are all too rare examples.

Hotel and restaurant staff up and down the country know that they are being robbed and that customers are being conned. If we add up the 12½ per cents. and the 15 per cents. on practically every hotel and restaurant bill in Britain, we have a possible multimillion pound fiddle. Yet those who are being robbed are among the most poorly paid people in the working population.

Today, however, the issue now goes beyond the service charge racket. The same issue of Caterer and Hotelkeeper said:
"Sometimes customers tip on top of the service charge, implying they don't really understand why it is there. What this appears to mean is that the service charge is becoming another form of cover charge."
Indeed, the Hotel and Catering Workers Union, of which I was for many years an official and by which I am sponsored, now has evidence that the Inland Revenue is assessing hotel staff for gratuities that it claims are being received in addition to distributed service charges.

So discredited is the supposedly simple, easily understood, separate service charge that customers are now being encouraged or gently, and sometimes not so gently, forced to part with another levy on top of it.

Tipping and staff wage subsidies, along with other cover charges, will soon account for a larger item than the cost of food or of a room. What will happen then? Will there be a rates charge, a gas price increase charge, a food price increase charge, maybe a staff income tax charge, or, say, a management holiday in the Bahamas charge, levied on the customer's bill? The possibilities are endless, yet no more illogical than a charge for service which does not go to those who provide that service.

The scandal is simple. Many thousands of the lowest paid workers in the community should be benefiting from the service charge on bills, adopted from continental practice. Where they are not, or where it is simply being used to subsidise low wages or the employer's profits, they are being ripped off, and so are the customers, who think that the 12½ per cent. means that no tipping is necessary, because it goes to the staff.

This simple legislation would give the customer the right to know that the money is going where he wanted it to go, and the staff the right to what is properly theirs anyway. It would be no more of an obligation on employers than what, as their own trade press says, they should be doing in any event. It would tidy up a multimillion-pound scandal which touches every one of us who uses a hotel or restaurant.

The Bill would also be used to seek to regulate the use of the words "service" or "service charge" on bills. A separate service charge is at least separate, and the money, wherever it goes, is still collected separately. But what about the term "service inclusive"? Does it mean that tipping is unnecessary because 10 per cent. or 12½ per cent. of the bills go to the staff? Does it mean that service is a separate component in staff pay? Does it mean that staff will always be paid above the appalling minimum wage levels? Or is it a device to pretend that a staff bonus is tied up in the price put before the customer? The effect is that some customers tip, some think that they do not need to, some are suspicious, but most take it on trust—and the staff usually lose out.

The sour taste left by the continuing scandal of service charges does the hotel and catering industry—indeed, the tourist industry—immense damage and demeans its image and reputation at home and abroad.

The Bill would do much to clear out this particular nasty skeleton from the hotel and catering industry's cupboard, and I commend it to the House.

Question put and agreed to.

Bill ordered to be brought in by Mr. George Robertson, Mr. Robert C. Brown, Mr. A. E. P. Duffy, Mr. Jack Ashley, Miss Betty Boothroyd, Dr. John Cunningham, Mr. James Johnson, Mr. Giles Radice, Mr. Frank R. White, Mr. Michael English, Mr. Don Dixon and Mr. Neil Carmichael.

Hotels And Restaurants (Control Of Service Charges)

Mr. George Robertson accordingly presented a Bill to regulate the administration of service charges in hotels and restaurants and for connected purposes: And the same was read the First time; and ordered to be read a Second time upon Friday 2 April and to be printed. [Bill 79.]

Canada Bill

Considered in Committee [Progress, 23rd February]

[MR. BERNARD WEATHERILL in the Chair]

4.25pm

I regret that I have to raise with you Mr. Weatherill a point of order arising out of your ruling at the beginning of the first day of the Committee stage, when you referred to schedule B as

"a specific and complete document".
You added:
"In order to protect the Committee's right to consider amendments to the schedule … the effective way to seek to amend the schedule is to table amendments to clause 1."—[Official Report, 23 February 1982; Vol. 18, c. 760.]
I understand, however, that the view has been tendered that, irrespective of whether any amendment to clause 1 is carried, no amendment to schedule B would be in order, because of the nature and origin of the text in that schedule. I submit that that view is an incorrect statement of the practice and procedures of the House, and that our procedure does allow an amendment of schedule B to be in order.

I feel that I must raise this point now because of the danger of creating a precedent, whereby parts of Bills which are now amendable would become unamendable, because, although a Bill like this one is not likely to recur, the point could crop up in normal domestic legislation—and has indeed done so in the past.

The point is probably academic to the conduct of the remaining stages of this Bill, because even if I persuaded you right now of my point, Mr. Weatherill, you would still be free—and in my respectful submission would be right—to decline to select any amendment to schedule B, on the grounds that the subject of it had been adequately debated and the view of the House on it made clear on the amendments to clause 1 under the procedure recommended in your ruling of 23 February.

I shall therefore make my submission briefly and ask you to be prepared to receive fuller representations on it privately. Meanwhile, the Bill could go on its way without prejudice to the fundamental procedural issue involved.

There is no doubt that the practice and procedure of the House recognise that there can be parts of Bills to which amendments are out of order. We happen to have an example in a Bill at present starting its course in the House of Lords, the Civic Jurisdiction and Judgments Bill. That Bill is intended to give legal force in this country to international conventions on the subject. The texts of the conventions are set out in schedules. Clause 2 of the Bill refers to the conventions as such and indeed goes so far as to say—so far as I know using this formula for the first time—that the texts are set out in the schedule "For convenience".

Another example is the Diplomatic Privileges Act 1964, which gave effect to some of the articles of the Vienna Convention on Diplomatic Relations. The articles in question were set out in a schedule, and section 2 of the Bill said:
"the Articles set out in Schedule 1 to this Act (being Articles of the Vienna Convention …) shall have the force of law".
Clearly, it would not be sensible for the House to allow an amendment to be made to the text set out in the schedule in such a case. The text is set out in the schedule really only for information. It could be referred to by its title only. The text has its own independent existence apart from being in the schedule, and is recognised in the text of the Act as having that separate independent existence.

"Erskine May" recognises this situation at page 523, where the relevant passage reads:
"When a Bill is introduced to give effect to an agreement or to confirm a scheme and the agreement or scheme is scheduled to the Bill as a completed document, amendments cannot be made to the schedule".
In the footnote to that passage "Erskine May" gives only one precedent, that of the Coal Mines Control Agreement (Confirmation) Bill 1917.

4.30 pm

What is significant about that precedent is that the agreement in question was reached by parties outside Parliament and that the Bill referred to the text in the schedule as an agreement, having its own independent existence, apart from being set out in the schedule. The Chairman, for that reason, ruled that any amendment on the text of the schedule was out of order. I understand, from our procedural advisers, that a precedent which has been thought relevant and to justify the present case, is the Irish Free State Constitution Act 1922. In that case the Chairman of the Committee ruled on 28 November 1922 that no amendment to the schedules was in order once the clauses describing them had been passed. The schedules contained the text of a measure passed by the Irish Free State Constituent Assembly in Dublin and the Bill stated that that was what they contained. Such texts clearly had their own independent existence, apart from being set out in the schedules, and the text of the Bill made it clear that it was the independent thing that was to be contained in the schedules.

I submit that all those precedents are good cases of non-amendability, but that the present Canada Bill is not in the same category.

Clause 1 of the Canada Bill refers to
"The Constitution Act, 1982 set out in Schedule B".
The text of schedule B may have originated in Canada, as we all know it has, and it may be the text as adopted in resolutions passed by the Senate and House of Commons in Canada. However, the clause does not provide that that is what it must be. "The Constitution Act, 1982" means nothing in its own right until this Bill comes into force and they will then mean whatever the text of schedule B then contains.

The Chairman of the 1922 Standing Committee on the Irish Free State Bill, when referring to the document, said:
"These are specific documents. Any alterations made in them would be inconsistent with the description in clause 1."— [Official Report, 28 November 1922; Vol. 159, c. 538.]
That does not apply in this case because, even if one amended schedule B, the description in clause 1 could still be the same. We often give a title to a schedule in our normal legislation—perhaps: "Housing Construction Regulations". The clause from which that schedule would hang might say, "The housing construction regulations set out in schedule X, shall have effect for such and such a purpose." That does not prevent the House from first passing the clause, but then amending the text of the schedule. Unless the text of the schedule has an independent existence and the clause in the Bill makes clear that it is that independent thing that is to be made law, I submit that any schedule is amendable.

The rule that in general schedules are just as amendable as other parts of the Bill is, of course recognised in our excellent manual of procedure, a book worth far more than "Erskine May". It would have been possible for clause 1 of the Canada Bill, I submit, to be drafted in a way that made the schedule unamendable. If clause 1 had said "part X of the resolutions adopted by the Parliament of Canada on dates X, as set out in schedule 8 to this Act", or something of that sort, the rule would have applied. However, it does not apply to the Bill as it now stands.

In case it is argued that the words of the preamble substitute for that sort of clause when they say:
"Whereas Canada has requested and consented to the enactment of an Act of the Parliament of the United Kingdom to give effect to the provisions hereinafter set forth",
I respectfully submit that, if those words are effective for this purpose, they would have to mean that any amendment to the Bill—clauses as well as schedules—would be out of order.

However, since we are debating amendments to clause 1, under the guidance of the Chair, we all appear to be estopped from invoking that argument. Accordingly, I submit that amendments to schedule B are not necessarily out of order on the grounds quoted and, in view of the importance of the point—not for this Bill but for future proceedings on other Bills—I invite you, Mr. Weatherill, to reserve the point for determination later, while we proceed with the Bill, since, for the reasons stated earlier, there are perfectly good grounds for not selecting any amendments to schedule B, even though they are in order under the procedures and precedents of the House.

I am grateful to the hon. Member for Islington, South and Finsbury (Mr. Cunningham) for giving me a full statement in advance of his point of order. Before giving my ruling at the beginning of the Committee's proceedings last week, I did, of course, consider all the relevant precedents and, in particular, the proceedings on the Irish Free State Constitution Bill of 1922, to which the hon. Gentleman referred.

The sense and effect of clause 1 of the Canada Bill is to endorse the text of
"The Constitution Act, 1982, as set out in Schedule B"
without amendment. If clause 1 is not amended that must, therefore be the end of attempts to amend schedule B.

The hon. Gentleman has submitted that clause 1 does not say in terms that "The Constitution Act, 1982" is the Constitution Act as adopted by the Parliament of Canada. However, as the preamble of the Bill makes clear, Canada has requested and consented to the enactment by the United Kingdom Parliament of
"the provisions hereinafter set forth."

This request and consent is confirmed by the resolution regarding the constitution of Canada, which was adopted by the House of Commons in Ottawa on 2 December 1981 and which the Minister of State read out to the Committee last Wednesday. This resolution requests Her Majesty, among other things, to lay before the Parliament of the United Kingdom:
"A measure containing the recitals and clauses hereinafter set forth."
These two documents—the preamble to the Canada Bill and the Ottawa House's resolution—enable me to identify "The Constitution Act, 1982" referred to in clause 1 of the Canada Bill as the constitution passed by the Parliament of Canada. It does not, in my view, follow—as the hon. Gentleman suggests—that the whole of the Bill is made unamendable by the words used in the preamble.

May I stress that the rulings that I have given today and last Wednesday on the proper course of proceeding derive from the way in which this particular Bill is drafted, and no general conclusions relating to constitutional Bills or Bills for confirming treaties or agreements should be drawn from it.

Further to that point of order, Mr. Weatherill. I respectfully hope, despite the detailed ruling which you have just been good enough to give to the Committee, that you will, nevertheless, decide to avail yourself of the suggestion for further consideration made by the hon. Member for Islington, South and Finsbury (Mr. Cunningham). He performed a service to the Committee by raising more effectually the points which I ineffectually sought to bring to the attention of the House by an amendment to the motion for Second Reading which I put on the Order Paper.

You appealed in your ruling just now, Mr. Weatherill, to the content of the preamble as affecting crucially what was or was not in order in debating the text of the Bill. Indeed, at a later stage, you referred to the drafting of the Bill as including the wording of the preamble. This is obviously a most important ruling and precedent if it is to become such because, since we notoriously do not enact and cannot by our procedures debate, still less amend, the preambles to Bills, we are in an extremely difficult position, if the drafting of the preamble is, in effect, to alter the drafting of the Bill, in the view of the Chair, and thereby certain parts of it become unamendable.

Obviously, therefore, if I may so submit, your ruling, Mr. Weatherill, goes far beyond not only a Bill that might be similar to the present Bill in giving effect to some other pre-existing document, but could modify the rights and opportunities of the House in considering other legislation if the wording of the preamble is held to influence the interpretation of the text of the Bill.

May I respectfully draw attention to one other point raised by your ruling, Mr. Weatherill? Under your own ruling of last week we have been engaged in discussing effectively amendments to the schedule, and had the Committee so decided we would have amended the schedule. I confess that I have been under the misapprehension that in your view the schedule was amendable, but because of the drafting of clause 1 it had to be amended indirectly by amendments to clause 1.

However, unless that is the case—which I did not understand to be the force of your ruling—we seem at one and the same time to be saying that the preamble has declared the document in the present schedule B to be unamendable. Nevertheless, we have discovered, with the assistance of the Chair—the whole Committee was grateful to the Chair for that discovery—a means whereby we might not only debate amendments to the schedule but could carry those amendments if that was the will of the Committee. I hope that it will be possible to take those two points into account.

I shall clarify what I said last week, which was that the effective way to seek to amend the schedule is to table amendments to clause 1. That is the ruling that I think was accepted by the Committee, and we have been discussing amendments which have been put down to clause 1.

With regard to the other points that the right hon. Gentleman made, I cannot go much further than I have already. It is a complicated matter. I stress to the right hon. Gentleman that I specifically made the point that we are dealing with this Bill alone and that nothing that we have done should be taken as applying to other constitutional Bills or Bills confirming treaties, agreements, and so on.

Further to that point of order, Mr. Weatherill. I do not wish to prolong this procedural debate, but I am puzzled. If the words in the preamble make the schedule unamendable, how can it become amendable during the discussion of clause 1?

I have ruled that clause 1 is amendable. If any of the amendments to that clause were accepted, there would be other consequences.

Further to that point of order, Mr. Weatherill. I should like some clarification on this matter. If the amendments that have been tabled, debated and voted upon had been carried, would the Bill have to be withdrawn, because the House of Commons can either reject or accept the Bill, but it cannot amend the schedule, which is the vital part of the Bill? Therefore, I should have thought that if we passed amendments that are amendments to the schedule the Bill would have to be withdrawn. Is that right?

The answer is that any amendments passed by the Committee would be incorporated in the English text of the Bill. The Canadian Parliament would then have to supply a French text of those amendments.

4.45 pm