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Commons Chamber

Volume 25: debated on Wednesday 16 June 1982

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House Of Commons

Wednesday 16 June 1982

The House met at half-past Two o'clock

Prayers

[MR. SPEAKER in the Chair]

Oral Answers To Questions

Transport

Heavy Vehicles

2.

asked the Secretary of State for Transport if he will review existing powers to ban large and heavy vehicles from using inadequate roads.

My right hon. Friend has recently issued a circular providing detailed advice and urging local authorities to make more extensive use of their very wide powers to control lorries.

We are determined to do everything practicable to check the growth in heavy lorry numbers and journeys, to control more effectively the vehicles themselves and where they go, to encourage rail freight, build more bypasses and strengthen enforcement of the regulations.

I am grateful to my hon. Friend for that considered reply. Will he confirm that there is a need to encourage quieter, cleaner and safer heavy vehicles on our roads? As well as encouraging local authorites to exercise their powers, would my hon. Friend's Department be prepared to monitor lorry control schemes and to encourage, for example, the proposed scheme of 50 square miles in North London?

I agree with the opening words of my hon. Friend's question. I assure him that we shall watch very closely the efforts made by the authorities to keep lorries out of environmentally sensitive areas. My right hon. Friend has promised to take lorry control policies into account in his 1983–84 TSG settlements.

Railways (Investment)

3.

asked the Secretary of State for Transport when next he intends to meet the chairman of British Rail to discuss investment in the railways.

5.

asked the Secretary of State for Transport if he will discuss with the chairman of British Rail the level of investment required by British Railways to enable them to continue the productivity improvements achieved in 1981.

I meet the chairman regularly to discuss investment and other matters of mutual interest.

When will the right hon. Gentleman recognise that British Rail is an important national asset which requires increasing investment, and that some parts of it are now being run down as a result of the Government's parsimony and their deliberate attempt to use investment as a means of attacking the trade unions? The trade unions have co-operated with the British Rail management for many years in getting increased productivity on the railways, and that should be recognised by giving increased investment to a vital national asset.

With respect to the hon. Gentleman, it is other people who should recognise that British Rail, in the service that it gives to the public, is an important national asset. Of course we want to see a high level of investment in the railway system, but the problem with investment is not Government constraints but the fact that investment resources have been drained away in day-to-day losses and industrial disputes. If the hon. Gentleman feels as he does, rightly, about the future of the British Railways system, he should use his influence to see that those disputes do not do any more damage to the future investment programme of the railways.

I acknowledge that productivity issues remain to be resolved, but will the right hon. Gentleman concede that the rail unions have delivered massively on manning reductions and on productivity? Will he give some encouragement to the rail community, especially in these critical and tense times, by authorising major investment programmes, such as the East Coast main line programme, instead of making ludicrous, Luddite charges against the rail unions, as he did last Friday, which only inflame the situation?

I recognise fully that there has been some demanning in line with reduced demand. That took place last year and the year before. But at this moment productivity agreements have been signed and pay is being drawn for them, and these should surely be honoured. I am sure that the hon. Gentleman will share the view that that is the proper way to proceed. Productivity and progress on productivity are the key to the future. The more that is realised, the better.

Is it not rather pathetic that we should have the kind of supplementary questions that we have just heard from the Opposition Benches? Is it not a plain, simple fact that investment in British Rail, which is very important, can be justified only if at the same time there are increases in productivity and, in particular, an abandonment of the restrictive trade practices of the nineteenth century, which are exemplified by ASLEF on flexible rostering?

My right hon. Friend is wholly correct. Productivity and investment go hand in hand. It is no encouragement when substantial investments are made in new electric equipment and in new electric rolling stock if they are not manned properly. The problems of 1982 cannot be solved with the attitudes and practices of 1919.

Has the Secretary of State read the statement by Sir Peter Parker about the massive increase in productivity in the carriage of rail freight in recent years, and particularly last year, when there was an increase of more than 20 per cent. in tonne-mileage freight productivity? Will he accept that, in the light of that, his right hon. Friend's question shows a lamentable ignorance of what is happening on the railways?

I have also read the view that the entire new system of air brake freight wagons is still run on old manning practices and that, regrettably, overall, despite demanning, improvements in the productivity of British Rail have been marginal. That is the real starting point that one has to face.

While many of us would like to see further investment in British Rail, is it not discouraging that there are examples of investment in new, modern equipment which is lying unused because of the practices that are continuing among British Rail employees?

It is indeed a discouragement and an obvious disincentive to the taxpayer and the British public to invest new large sums in British Rail. Productivity and investment must go hand in hand. If the investment is made and then not worked properly, or worked only on traditional practices, that is not a great incentive to invest further in British Rail.

4.

asked the Secretary of State for Transport what consideration he gives to the consequences of resulting service reductions when deciding on investment in British railways.

It is for the British Railways Board to formulate investment proposals to meet its business needs, and within the resources available to it.

Is the Minister not aware that the rail service between London and Birmingham has already been reduced because of the state of the track? Is it the Government's intention, whether inadvertently or not, to force all freight and passengers, including the Minister and myself, off the railway system and on to the M1 and M6 motorways?

I hope that the hon. Gentleman will realise that the board receives over £2 million a day from the Government in grants to support its passenger services. I expect the board to meet the costs of maintaining the network out of those substantial resources.

With regard to reduced services, what redress have the general public, the local authorities or, indeed, Members of Parliament if British Rail continues to reduce services to a state where they are inconvenient to the travelling public and will not accept the views of those in the area that the service is inconvenient?

I emphasise that it is for the British Railways Board to manage the railways and to arrange timetables. Although, naturally, we expect the board to make wise use of its resources, we also expect it to conduct its affairs on a sensible business basis to take account of passengers' needs. If there is a conflict of view such as my hon. Friend has mentioned, his constituents are entitled to complain to the transport users' consultative committee, which will investigate the matter.

In the sense that the loss of the APT is not conducive to an amelioration of the service, can the Minister say what is the position on the APT? Why is it not being used? What is the delay? How long will it be before it is used?

The hon. Gentleman will know that British Rail has decided to make a considerable investment in the APT. There has been some disappointment with the immediate results, but I understand that British Rail hopes to make further progress on it.

Will my hon. Friend tell British Rail and those who work in it that unless its efficiency and productivity approach those of the rest of British industry he will be unable to ask the rest of British industry and those who work in it to pay the taxes to maintain existing services, leading to a massive reduction in the services currently available.

There is a great deal in what my hon. Friend says. Progress has been made in these matters, but British Rail needs to generate resources itself by continuing to cut costs and by improving productivity to meet the changing needs for its services.

Petrol (Lead Content)

6.

asked the Secretary of State for Transport what further representations he has received about the removal of all lead from petrol.

Further to the reply given to the hon. Member for Leicester, South (Mr. Marshall) on 12 May, the Department received 18 letters during May.

Given the increasing evidence that the only safe level of lead in petrol is zero, when will the Government stop pandering to vested interests and make the health and well-being of our children the top priority by removing all the poison from the petrol used in this country?

We are reducing the lead level by over 60 per cent. in the four years ending 1985. The additional reduction that the hon. Gentleman seeks from 0·15g per litre to zero would make little actual difference to the lead level in people's blood. The sensible approach would be to implement and monitor the present policy and to take action on lead from other sources, such as that which may be in drinking water. To go further would have serious implications, which I have already outlined to the House.

Does my hon. Friend recognise that, despite the welcome given unreservedly by Conservative Members to the Government's announcement of the reduction to 0·15g, any decisions on the complete elimination of lead in petrol must have a long lead-in time and that it is important for the Government to begin taking and pressing for those decisions now if we are to have lead-free petrol within a reasonable time?

I am well aware of the concern on this issue, but it is not simply a matter of cost. If we go further than 0·15g per litre, we would require 2½ per cent. more crude for petrol—that is over 600,000 tonnes every year. We should need adaptations to valve seats and changes in compression ratios, and the effect on the motor industry must be considered right across the board, not just in this but in every other country.

We welcome the reduction that is to take place, but will the Minister recognise that lead in petrol is a serious pollution problem? What studies are being undertaken by the Government with regard to filtering out the lead once it reaches the exhaust sytem?

The hon. Gentleman is well aware that I share his concern. The Department is giving evidence to the Royal Commission on environmental pollution, which is making an independent assessment of the problem. A number of other studies are going on, not all of which fall within the competence of the Department of Transport. They fall also to the DHSS and other Departments. We are convinced that our action, which is in line with that of all our partners in this area, is right, and we shall study the progress that is being made.

I appreciate the balanced view explained by my hon. Friend, but will she confirm that there is a conflict of evidence between those who advised the CLEAR campaign and the experts who served on the Lawther committee? In the light of that conflict, based upon more recent evidence from the United States, cannot a quick, short inquiry be set up now to examine that evidence as there may be misunderstanding about it and people's fears could be allayed?

We are already examining the evidence available, but we have rested our decision on advice from the British Medical Association. The independent assessment to which I referred in answer to the hon. Member for Aberdeen, North (Mr. Hughes) by the Royal Commission on environmental pollution is one to which we shall give every possible help, because we believe it to be important.

Is not the Minister in danger of getting it wrong on all counts? Do not the vested interests—the oil companies and the motor manufacturers—say that the worst of all possible worlds is to move to a lower level, at great expense, and later to zero? They would much prefer—the oil companies have published this view—to go straight from the present level to zero than through two stages.

I note what the hon. Gentleman said, but I am not convinced, on the evidence before us, that to make a further reduction to a zero lead level would make the difference claimed for it. That is why I want to monitor what is happening now and also to study the evidence from other countries, to which I referred in a previous answer.

Dipped Headlights

7.

asked the Secretary of State for Transport what recent representations he has received about making the use of dipped headlights compulsory in built-up areas at night.

A total of 27 representations have been received during the past 12 months from road safety committees and organisations and individual members of the public.

Nineteen of these were in favour of the compulsory use of dipped headlights at all times at night and eight were against.

Will my hon. Friend confirm that there is a great deal of evidence to show that dipped headlights are safer than sidelights in built-up areas, specially for pedestrians? Will she consider introducing legislation to make dipped headlights compulsory in such areas?

We know that the use of dipped headlights in lit streets at night is already over 80 per cent. where the area is poorly lit. It is right that we take into account the fact that headlights, particularly halogen headlights, can dazzle, particularly on wet roads. I am glad to tell my hon. Friend that the dim-dip device which has been under research, and which I saw in action yesterday, is now being consulted upon by my Department with the industry, the police and motoring and road safety organisations.

Does the Minister recall that several years ago the suggestion of the compulsory use of dipped headlights was introduced in the House by means of regulations? Those regulations were rejected. At that time the Transport and Road Research Laboratory advised that dipped headlights, did not necessarily improve safety, and that glare and dazzle, and increased shadows, provided enormous problems which outweighed any safety considerations. Will she therefore reject any suggestion that motorists should be compelled to use dipped headlights at night?

The hon. Member has explained clearly why the House was right years ago to reject the compulsory use of dipped headlights. However, I hope that he will welcome the move to dim-dip headlights, which give an added opportunity for the vehicle to be seen, and that he will encourage all motorists to use dipped headlights where they are uncertain about the conditions.

Will my hon. Friend accept the congratulations of the House on her investigations into dim-dip devices, and will she make sure that she includes the Royal Society for the Prevention of Accidents among the consultees in those discussions?

M4 (Repair Work)

8.

asked the Secretary of State for Transport what is the nature of the repair work on the VI4 motorway near the Severn bridge; what is the approximate cost of the work; when it will be completed; and if he will make a statement.

The repair work recently carried out near the Severn bridge was the resurfacing of the eastbound carriageway of the M4 between junctions 20, Almondsbury, and 21, Aust. This cost approximately £400,000 and the work was completed on 28 May.

I thank the Minister for that information. Has she now received the report of the consulting engineers on the state of the bridge? If so, what action is being taken on their recommendations? Does she appreciate that the bridge is the main artery for trade in and out of Wales and that these persistent repairs and hold-ups are damaging the economy of the Principality, as well as its prospects? It there not an urgent need now to consider building a second Severn bridge?

No one underestimates the importance of the Severn bridge, not only for Wales, but for the West Country. The consulting engineers' report has just arrived. My right hon. Friend will make a statement as soon as he has been able to consider the report. Unfortunately, it will be a few days before we are ready. I appreciate the hon. Gentleman's remarks about traffic. The monitoring of traffic flows and future projections of traffic are part of the regular projections at which we shall be looking.

As founder and first chairman of the Brunel Society, may I ask my hon. Friend to agree with me that there is much evidence that Brunel was once better at building bridges than the latter-day practitioners? Can she say whether the Department rewards the incompetence which appears to be in evidence on some of our recent bridges by the granting of future contracts?

I cannot now go into the liability that arises if there is something wrong that is the fault of the constructor. There is no question of that at the moment. We have sought to discover from consulting engineers what is wrong and to take immediate steps to correct it. My hon. Friend ought to await the announcement by my right hon. Friend before any further discussion of the matter takes place.

Railways (Investment)

9.

asked the Secretary of State for Transport whether any investment proposals have been put to him by British Rail in connection with the development of its engineering workshop capacity.

Since 1975 the board has been investing about £15 million per year, at 1982 prices, in new equipment for its workshops; the value of the individual items is usually below the level which requires them to be reported to me.

Is the right hon. Gentleman aware that when the railways board was proposing the closure of railway workshops there were thousands of miles of railway track on which trains were running at reduced speeds because the tracks were unsafe for normal speeds? The inter-city trains between the north and the south are running at half their normal strength because coaches have to be left in the sidings awaiting repairs, and this at a time when the board is proposing to close railway workshops.

I think that the hon. Gentleman does not fully appreciate that the problem of overcapacity in British Rail's engineering workshops, particularly the overcapacity in railway freight wagons, arises from the fact that British Rail now has a new fleet of freight wagons which last longer, do better work and do not require the renewal and replacement at the rates for which the original BREL workshops were designed. That is the overcapacity problem. It is not to do with whether new equipment can be afforded, but whether it is actually needed, and in the case of freight wagons it is not.

The right hon. Gentleman speaks as if the British railway system were the only one to provide work for the railway workshops. When will the right hon. Gentleman recognise that railway systems all over the world, and not least in the Third world, are expanding at a tremendous rate? From what can be seen, British manufactured railway wagons are outside the race. Will the right hon. Gentleman encourage those workshops and endeavour to get them into the race to get that business?

Yes, and I wholly endorse the sentiment behind the hon. Gentleman's question. He is absolutely right to say that there are opportunities in export markets. The Government will give all the help that they can on exports. I know that the hon. Gentleman is the first to recognise that those markets are highly competitive and that it requires a great deal of effort and cost cutting to get into the markets to win the orders. I endorse the hon. Gentleman's point. Those are the markets of the future for British Rail Engineering Ltd. and other manufacturers in this country.

Does the right hon. Gentleman accept that my constituents and their families in Horwich and the constituents of my hon. Friends in Shildon and in Swindon are immensely relieved at British Rail's decision to withdraw the workshop closures for the rest of this year? Will he also accept that the long-term future of those workshops depends entirely on the investment and growth in the railway industry, and that his decisions about investment in rolling stock, renewals and electrification are eagerly awaited throughout the whole of the rail industry, but particularly in the workshops, as they will preserve the jobs of a hard-working, dedicated and productive work force? We look forward to the day when the Secretary of State can come to the House and give us some idea of how much money he is prepared to spend on British Rail.

I understand that British Rail has deferred the closure proposals for the time being. Decisions about capacity and what is needed are matters for British Rail. I am sure that the hon. Gentleman heard what I said. I repeat that the problem, in particular with the wagon works, is that there is simply not the demand for wagons on the scale for which the engineering workshops were built, and it is unlikely to be there in the future. That is the result of the advance in technology and of new investment. It is not the result of lack of investment. The need to rationalise engineering workshop capacity presents a real problem. That is, of course, a matter for British Rail, and I believe that it is handling the problem in the right way.

M20 (Ashford-Maidstone)

10.

asked the Secretary of State for Transport when he expects work to commence on the M20 link between Ashford and Maidstone.

Further preparation of this scheme will be resumed as soon as resources permit.

Does my hon. Friend appreciate that this section of the road is part of a motorway connecting London with Istanbul and that the only section that is not of motorway standard is the section from Folkestone to Dover?

I am well aware of the importance of this part of the road network in Kent. The M20 will be completed, but our difficulty is that other schemes give better value for money and the current cost of completing the M20 link is somewhere between £45 million and £50 million. We have already done a great deal in the Kent area, and while the A20 can take a great deal of traffic, there are other schemes within my hon. Friend's area and other parts of the country that must take priority over this section of the M20.

In my campaign against the unnecessary coning-off of lanes on motorways, may I ask my hon. Friend to explain why long stretches of the M20 approaching the area referred to by my hon. Friend the Member for Folkestone and Hythe (Sir Albert Costain) were coned off last weekend? How much work was done on that road last weekend and why is it necessary to do it so soon after the motorway was built?

I am grateful to my right hon. Friend for his continuing campaign against unnecessary coning-off, but I have to tell him that I do not have the detail here on every road in the country. I shall look into the matter and write to him. This is the period of the year when we must complete the repairs, maintenance and reconstruction of our roads that cannot be done in the winter or in inclement weather. That is why in the middle of the summer a higher proportion of our roads will always be under repair than at any other time of the year.

Is my hon. Friend aware of the meeting that I recently had with our right hon. Friend the Secretary of State on this subject, together with members and officials from the Maidstone borough council? Is she further aware of the disappointment over the fact that, despite the friendship and willingness of our right hon. Friend to meet these people, we have not been offered any side road orders, which would expedite the work at no cost, or virtually no cost. If we got on with the side road orders, it would cost nothing and would speed up matters.

I shall look yet again into what my hon. Friend has said, but I have to tell him that before we make orders we must have some prospect of succeeding with a road, otherwise we run the danger for many people of blighting areas that might not necessarily be blighted by the eventual scheme. I shall look into what he says and write to him. I am well aware of how much the completion of the M20 is wanted in Kent, but we have already invested a great deal in Kent's roads and other parts of the country are also crying out for investment.

Rail Passenger Services (Closures)

11.

asked the Secretary of State for Transport if he has any plans to change the present law relating to the closure of rail passenger services.

Is the Minister aware of the speech made last week by Mr. Cobbett, the director of strategic studies at the British Railways Board, in favour of the wish of the BRB to abandon certain rural branch lines, but, worse, referring to what he called the cumbersome procedures adopted or put over by various Governments for the closing of passenger services? Can the Government give an undertaking that the so-called cumbersome procedures, which give opportunities to cranks, as Mr. Cobbett says, will remain as safeguards to the public?

I do not think that the hon. Gentleman is entirely fair when he describes the procedures as cumbersome.

I do not altogether agree with the view expressed by the gentleman to whom the hon. Gentleman refers. I shall certainly look at the procedures, but I know that the hon. Gentleman will understand that they are intended to give protection to passengers on the railways. If a closure is proposed because of the decline in demand, which means that the service cannot be continued without undue cost to the railways board, and if the closure is opposed, it can go forward only with the consent of the Secretary of State.

Order. Answers are getting impossibly long. They are now almost as long as the questions.

Channel Tunnel

13.

asked the Secretary of State for Transport if he will make a statement on the progress of negotiations for a Channel tunnel.

The report of the Franco-British study group is published today. It concludes that existing services could be developed to cope with foreseeable traffic growth, but that a fixed link could be economically advantageous. The group confirms the technical feasibility of rail tunnels, which could provide both through rail services and a vehicle shuttle. Forms of link permitting vehicles to be driven across the Channel require further technical study.

The question of organisational, legal and financial arrangements for the construction of any fixed link lay outside the group's terms of reference, and the two Governments have agreed that, before a decision is reached, these aspects should be examined. This further work should be completed by the autumn.

In view of that statement, will the Minister comment on what appeared on the tape this afternoon and was presumably from his Department? It was to the effect that work on Channel tunnel studies will now be indefinitely delayed. Will the Minister also comment on the widespread stories that the Prime Minister vetoed the agreement on the Channel tunnel at her recent summit meeting with President Mitterrand? Is he aware that in this matter Government strictures on productivity, and on the railways in particular, look very dim in view of their own productivity record?

I cannot comment on press speculation. I advise the hon. Gentleman to stick to the points that I just made and possibly to study the Franco-British study group joint report. The present position is that we have to see whether it can be demonstrated that any of the schemes can be financed on the terms laid down. The interests of the two Governments are concerned and that is the line along which we must proceed.

In view of the large number of investment projects requiring public sector capital, will my right hon. Friend repeat his previous assurances to the House that no public sector capital will be used to build the Channel tunnel? Will he also assure us that British Rail will not be required to give a traffic guarantee to whatever consortium may choose to build the Channel tunnel?

Yes. It has been made clear from the outset of this phase that any proposals for constructing the fixed link would, on the British side, be without financial guarantees. That would also exclude a non-commercial throughput guarantee by British Rail, an arrangement which, of course, would fall to be met by the British Government.

The Minister will know that the target dates have been pushed back further and further. We are now told that it will be autumn before the remaining two studies are completed. Are further studies proposed after the autumn, or can we be assured that after completion of the two further studies the ball will firmly lie with the two Governments for a decision?

I would very much wish, with the hon. Gentleman, that we could reach an early decision, having examined the financial, organisational and legal aspects that were not included in the original report. As hon. Members have pointed out, I realise that uncertainty provokes great difficulty for those who want to invest, whether in ferries or in anything else. Therefore, I recognise the hon. Gentleman's point and assure him that we aim to reach a decision.

Does my right hon. Friend agree that any progress on the Channel tunnel involving private enterprise would depend on a reasonable economic return to the investors? Will he comment on that aspect?

Yes, that is certainly correct, but it also depends on being able to organise the finances needed to promote a particular scheme. This is a major project, bearing in mind that the first returns from the finance invested will come only many years hence.

If it is the case that the Government's intention is that there must be private investment for the British element of the cost of tunnel building and that no commercial guarantees will be given to the investors, does it not logically follow that those who invest in the tunnel will have complete control of the levels of traffic and the charges that may be made for use of the tunnel?

Those arrangements would have to be worked out in consultation with the French, when we could determine which scheme was most desirable. However, I emphasise to the right hon. Gentleman that Governments on both sides of the Channel have ruled out the provision of public finance and that the proposals for relying on the market are now very similar on both sides of the Channel.

Heavy Lorries

14.

asked the Secretary of State for Transport if he has decided on the maximum permissible lorry weights.

I hope to make an announcement as soon as possible on a wide range of issues affecting heavy lorries, not just weights.

The measures that I have already announced, and their further strengthening, which I hope to announce shortly, reflect my determination to take comprehensive action to deal with the problems created by heavy lorries. I shall do everything practicable to check the growth in heavy lorry numbers and journeys, to control more effectively the vehicles themselves and where they go, to encourage rail freight, build more bypasses and strengthen enforcement of the regulations.

I welcome my right hon. Friend's answer. When he makes his announcement about the maximum permissible weight, will he say whether that will be the ultimate maximum weight that he is prepared ever to permit on our roads?

It is certainly the Government's view that any increase in the dimensions of trailers and containers on our roads above the present levels cannot be tolerated. Indeed, one of the proposals is that there should be a maximum height limit, which does not exist at present. It is certainly the Government's intention that there should be no increase in trailer sizes or containers on British roads. On the other hand, it is the Government's view that it makes no sense whatever for these containers to be running around one-third full of air. That cannot help, environmentally or industrially.

Will the right hon. Gentleman comment of the observations of the Transport and General Workers Union, which has at heart the interests of many of the lorry drivers involved, about the difficulties that would be created by increasing the maximum weight of lorries?

I think that the worry that the hon. Gentleman has raised is that there would be fewer vehicles for a given amount of freight, and therefore fewer jobs. That is an understandable worry about the loss of jobs. It is confirmed when firms such as Sainsbury's tell me that they can supply a typical supermarket in the centre of a town, given the present maximum weights, with about 1040-ft containers a day. If the maximum weight limit were raised, it could use as few as six containers a day. That would obviously reduce the number of journeys, and, I am afraid, the number of jobs.

Will my right hon. Friend think again before announcing a course of action that will, in my judgment, be gravely damaging politically to our party and damaging to many whose interests we represent in the House? Also, does he agree that the number of heavy lorries on the roads is much more a function of the level of economic activity than the weights of the lorries, and that there is simply no way in which he can guarantee that heavier lorries will mean fewer lorries?

My hon. Friend refers to the course of action that we propose as gravely damaging. The Government's concern is to see that the lorry problem is tackled vigorously in a way that it has not been in the past, in the interests of the environment, of controlling the vehicles themselves and where they go, and getting them away from the towns and villages where people live. This, surely, is a desirable course to go on, and I would expect to have my hon. Friend's full support for a comprehensive package of measures to carry forward that objective.

Since the roads are already heavily congested and the railways under-used, why do the Government not come forward with an integrated transport policy and try to get some of the heavy traffic on to the railways instead of into our cities?

In view of earlier exchanges, the hon. Gentleman will no doubt be the first to accept that the key to getting more traffic on the railways, in addition to the encouragement that the Government give through section 8 grants, is to make the railway freight business competitive and provide a good standard of service. That means higher productivity. At the moment attempts to get that are being denied and frustrated.

15.

asked the Secretary of State for Transport if he expects to meet representatives from local authorities to discuss controls on heavy lorry movements and parking.

My right hon. Friend has recently issued a circular to local authorities telling them that we will pay particular regard to the use that they are making of their lorry control powers when we decide how much expenditure to accept for transport supplementary grant. We are now awaiting their responses in this year's transport policies and programmes.

Is my hon. Friend aware that very many local authority representatives feel that, notwithstanding the increase in lorry weights, the controls on where lorries move and park must be substantially increased? Is he further aware that if there is an attempt by the Government to increase lorry weights there will be the most enormous row with people other than those associated with what is called the emotional environmental lobby?

My hon. Friend appreciates that local authorities have wide powers to control the routing of lorries. We shall soon be asking them for details of the amenity controls that they have introduced.

Does the Minister agree that for most people in this country the heavy lorry is a dirty and dangerous menace that should be controlled far more rigorously by both local and national Government than it is at present? Will his Department publish a list of authorities, including—regretfully—the West Midlands county council, which have not yet implemented the valuable provisions of the 1972 legislation, known as the Dykes Act?

I shall consider the hon. Gentleman's suggestion, and we shall be looking at the response of local authorities in this respect.

Is my hon. Friend aware that, notwithstanding the high regard that I have for him personally and for the Secretary of State, I should find it impossible to support any proposition to increase the weight of juggernauts? I do not have the same high regard for the Department itself. In my experience over many years in this House, the Department has let down Ministers, the House and Members by not keeping to its promises on road development. Until our roads are ready, there can be no heavier juggernauts allowed on them.

I appreciate my hon. Friend's frankness, but I ask him to await the final package of proposals that my right hon. Friend will bring forward, as I believe that it represents a substantial advancement in environmental conditions, which I know concerns my hon. Friend so much.

Goods Vehicles (Testing And Plating)

16.

asked the Secretary of State for Transport if he will make a statement about future arrangements for the testing and plating of goods vehicles.

As my right hon. Friend told the House on 24 May, during consideration of the Transport Bill as reported from Committee, we have reached agreement in principle with Lloyd's Register of Shipping on the establishment of a new association, under its control, to undertake the testing of both goods vehicles and public service vehicles in the private sector.

What benefits does my hon. Friend see as a result of Lloyd's Register taking on responsibility for the testing and plating of heavy goods vehicles?

I am sure that the Lloyd's Register vehicle testing association will ensure a system of impartiality and high standards, backed by the well-known traditions of Lloyd's Register. I am sure also that it will command the confidence of the industry and lead to the improvements that we have always wanted to see in the service. I am glad that the organisational structure of Lloyd's Register will fully involve the industry in the decisions that it will take about the future of testing. I think that it will benefit all concerned.

Will the Minister say what difference in impartiality will result from handing over this responsibility to Lloyd's Register? Since, during the Committee stage of the Bill, it was apparent to most of us in Committee that Lloyd's Register was not interested in this, what carrots have been held out to cause it now to favour taking over?

Following the Committee debate there has been a rethink, and Lloyd's Register has come forward with sensible suggestions for taking over the testing of heavy goods vehicles and public service vehicles. The industry is already being consulted through the Vehicle Operators' Advisory Panel, and Lloyd's Register has made this offer, which I am sure will bring improvements in flexibility and benefit for vehicle operators in the hours of testing. We hope to see a pilot project before long to make sure that the provisions which the Lloyd's Register vehicle testing association expects to employ will work thoroughly and well.

Railways (Electrification)

17.

asked the Secretary of State for Transport when he expects to publish the Government's response to the report of the Select Committee on Transport relating to main line railway electrification.

Will there be a positive response to the case for more railway electrification? Will the Minister recognise—perhaps more than did the Select Committee did—that the East Coast main line is a single unit? The experience of the Penmanshiel tunnel closure showed that a great deal of traffic does not want to transfer from the East Coast main line, which ought to be by one method of traction right through from Edinburgh to London.

We are considering the board's proposals for electrification of the East Coast main line to Leeds arid Newcastle, and we shall reach a decision as soon as possible.

Can my hon. Friend confirm that any additional electrification is crucially dependent upon reduced manning levels and the abandonment of nineteenth century work practices?

My hon. Friend is correct to emphasise the vital importance of productivity. The broad struggle for more modern and efficient working practises is central to the future of the railways and must be fully supported by all those who have the best interests of a good and efficient railway industry at heart.

Does the Minister accept that, initially, investments are urgently needed to catch up on the backlog of renewals and repairs to British Rail's main line network, because there would be no sense in electrifying a worn-out railway system? Furthermore, does he recognise that his right hon. Friend the Secretary of State said that part of this year's PSO would be earmarked for such renewals? Will the Minister indicate the amount of that sum? What basis has been calculated to be adequate to bring about those renewals which are now desperately needed in the main line network?

I know that the right hon. Gentleman will appreciate that direct support from central and local government to British Rail is at its highest level ever. He will also appreciate the importance of our earmarking proposal, which we are pursuing. The actual amount has not yet been decided, but I very much recognise its importance to the renewal of track—the item that the right hon. Gentleman mentioned.

Civil Service

Union Representatives (Meeting)

43.

asked the Minister for the Civil Service what matters will be discussed at the next meeting with trade union representatives of the Civil Service.

45.

asked the Minister for the Civil Service what subjects she expects to discuss at the next meeting with trade union representatives of the Civil Service.

46.

asked the Minister for the Civil Service what subjects she expects to discuss at the next meeting with Civil Service trade unions.

48.

asked the Minister for the Civil Service what subjects she proposes to discuss with Civil Service trade unions when she next meets them.

I have no plans at present to meet the Civil Service unions. However, my right hon. and learned Friend the Chief Secretary and I met them last week to discuss Civil Service manpower matters, and my right hon. and noble Friend the Lord Privy Seal also met representatives of the Institution of Professional Civil Servants last week to discuss the management of accountants in the Civil Service.

When the Minister next meets the Civil Service unions, will he try to explain the Government's double standards on pay and priorities in the public sector? Will he also try to equate the increases awarded to senior civil servants and judges with the paltry offer that has been made to nurses and other public employees in the Health Service, who are being forced to take industrial action to earn a living wage?

I repudiate any suggestion of double standards. If the hon. Gentleman cares to look at the Top Salaries Review Body report, as well as my right hon. Friend the Prime Minister's response to it, he will see that his allegations are wholly unjustifed.

Order. I propose to call first the three hon. Members whose questions are being answered with this one.

Will the Minister congratulate the leadership of the CPSA on urging its members to strike in sympathy with the Health Service workers next Wednesday? Where is the justice of the wages policy of this Tory Government? They expect the lower ranks of the Civil Service, the Health Service workers and the nurses to accept wage increases that are well below the rate of inflation, while at the same time they propose to dish out increases well in advance of the rate of inflation to people such as those in the senior ranks of the Civil Service, judges, generals and admirals.

I deplore the advice given by Alistair Graham, the general secretary of the CPSA. I remind CPSA members that, under the Employment Act 1980, lawful industrial picketing may be undertaken only in contemplation or furtherance of a trades dispute. Furthermore, it can be carried out only by a person attending at or near his place of work. I hope that all those who are the recipients of that advice will carefully consider the law on such matters.

How can the Minister deny double standards? Does he not realise that civil servants on the lower rates of pay have to go to arbitration to get anything at all? Nurses and other Health Service workers who take home £50 or £60 a week are appalled when those earning £35,000 a year and upwards, such as senior civil servants, receive an 18 per cent. increase without asking for it because a few of their chums on the Top Salaries Review Body say that they deserve it? People feel outraged at those double standards. That is why the miners and the civil servants have made a principled decision not to go on strike for themselves but for other people. Surely" that is the sort of thing that workers should recognise as being the way to support the struggle.

Again, I reject these suggestions completely. If the hon. Gentleman would study these matters and look at the reality behind them, rather than seek to make cheap party political points, matters might improve.

I wonder whether my hon. Friend could enhance the job satisfaction of those in senior positions in the Civil Service by giving them the same job security as that enjoyed by their brothers and cousins in industry. If they were not up to it, they could be removed and other people could be more rapidly promoted. Surely that would stimulate those who want to do a good job in the Civil Service.

My hon. Friend should know that the Wardale report, which deals with the open structure of the Civil Service, is now under active consideration. The number of top posts in the Civil Service has been reduced by a slightly higher percentage than that for the Civil Service as a whole, and the number of top posts in the Civil Service is now under further consideration with a view to reducing the number.

Recognising the concern felt by civil servants over the way in which their pay has been dealt with over the past two years, can the Minister say whether the Megaw report is expected before the House rises for the Summer Recess and whether it will be debated fully in the House? Does he hope to be able to implement any of its suggestions in time for the next pay round?

The Megaw committee was asked to report by the summer and I have no information to indicate that it will not be able to do so. Indeed, I am grateful to Sir John Megaw and his colleagues for the speed at which they are working. I have little doubt but that when the report is made available the House will wish to discuss it. However, that is a matter for my right hon. Friend the Lord President.

Does my hon. Friend agree that an agreement on productivity is as important for satisfactory progress on pay negotiations in the Civil Service as it is in the rest of British industry and commerce? Can he assure the House that no obstacle will be erected in the Civil Service to the acceptance and introduction of new office machinery and methods of information technology?

A national Whitley council agreement concerned with new technology was negotiated and agreed to a short time ago. The agreement will run for two years. Across the Civil Service good progress is being made, with the full co-operation of the staff, with the introduction of new technology.

Northern Region

44.

asked the Minister for the Civil Service how many Civil Service posts have been transferred to the Northern region since May 1979.

As I told the hon. Member on 25 November 1981, transfer of posts to the Northern region was not included in the dispersal programme announced on 26 July 1979. Details of posts that have been transferred by Departments for management reasons are not held centrally.

What has that got to do with my question? Is it not disgraceful that not one post has been transferred to the Northern region during the Government's three-year term of office? I remind the Minister that the Northern region still has—increasingly so—the highest unemployment rate in the country. The encouragement of such transfers is one way in which the Government could act directly to increase employment, albeit by a small percentage, but is the kind of employment that the Northern region requires. Can the Minister explain the rationale behind the obstinate refusal to transfer Civil Service jobs to the North?

I share the hon. Gentleman's concern about the level of employment in the part of the country that he represents. The need to contain public expenditure prohibits any further dispersal initiative in the near and foreseeable future. However, in considering the location of new Government work, or the relocation of work for operational reasons, the pressing needs of particular areas will be taken into account. As I said, statistics on transfers are not held centrally, for management reasons.

Will my hon. Friend confirm to many civil servants, who may or may not be transferred to the Northern region, that should they take part in illegal picketing next Wednesday they will be instantly dismissed?

No. They will be dealt with by their employer in accordance with the rules, terms and conditions of their employment. With respect to the law of the land, that will be the concern of other authorities.

Will the Minister confirm that the type of advertising campaign that we have seen on television by the London Docklands Development Corporation, which says "Why be in the middle of nowhere when you can be in the middle of London?", is hardly conducive to persuading civil servants to move, even if the Government wanted to move them? What is the Department planning to do about that type of campaign?

Fortunately, I am not responsible for that, but as I said, the Government announced their dispersal programme in July 1979 and work to implement that is proceeding.

Job Release Scheme

47.

asked the Minister for the Civil Service what steps the Civil Service is taking to create further opportunities for young people under the job release scheme.

The aim of the job release scheme is to help all those on the: unemployed register, and not only the young unemployed. Individual Government Departments are encouraged to release eligible staff who wish to take advantage of this scheme, provided that they can comply with the scheme's requirements.

Is it not the case that regulations were changed early this year, making it more difficult for young people to take up jabs that are vacant as a result of people retiring early, mainly by insisting that the actual job left vacant by the retiring person must be the job taken up by a newcomer? Will the Minister look at the possibility that the Inland Revenue is not currently operating the scheme, and will he see whether he can introduce some flexibility, so as to get young people off the unemployment register?

I can confirm that from 1 April this year employers in the public sector must meet the same requirements as other employers, namely, that a replacement should come from the unemployment register or certain other groups, such as school leavers. I shall certainly look into the detailed comments made by the hon. Gentleman.

Scottish Estimates

Ordered,

That the following Estimates be referred to the Scottish Grand Committee:—
  • Class XV, Vote 2, Agricultural Services and Fisheries (Scotland).
  • Class XV, Vote 3, Regional and General Industrial Support, Scotland.
  • Class XV, Vote 4, Manpower Services Commission, Scotland.
  • Class XV, Vote 5, Selective Assistance and Compensation, Scotland.
  • Class XV, Vote 6, Road Transport and Evironmental Services, Scotland.
  • Class XV, Vote 8, Housing, Scotland.
  • Class XV, Vote 9, New Towns, Scotland.
  • Class XV, Vote 14, Prisons, Hospitals and Community Health Services, etc., Scotland.
  • Class XV, Vote 15, Education, Libraries, Arts and Social Work, Scotland.
  • Class XV, Vote 16, Student Awards, Scotland.
  • Class XV, Vote 17, National Library of Scotland.
  • Class XV, Vote 18, National Galleries of Scotland.
  • Class XV, Vote 19, National Museum of Antiquities of Scotland.
  • Class XV, Vote 20, Health (Family Practitioner Services), Scotland.
  • Class XV, Vote 24, Scottish Office Administration.
  • Class XVIII, Vote 5, Rate Support Grants (1982–83) to Local Revenues, Scotland.—[Mr. Archie Hamilton.]

Scottish Affairs

Ordered, That, in the course of their consideration of Scottish Estimates, the Scottish Grand Committee may meet in Edinburgh on Monday 5 July at half-past Ten o'clock.— [Mr. Archie Hamilton.]

Tenants (Consultation)

3.31 pm

I beg to move,

That leave be given to bring in a Bill to give the Secretary of State and local authorities and housing associations duties to consult organisations of tenants when formulating housing policy affecting tenants, and to give tenants' organisations certain rights; and for connected purposes.
The Bill will have three parts. First, it will require central Government to consult national and regional tenants' organisations before introducing changes in housing policy, practice and legislation. This is something that I have already done myself in preparing this draft legislation. Such tenants' organisations are given in the Bill the right to nominate a member of any committee advising the Secretary of State for the Environment, and the Government will be required to provide funds to enable the tenants' organisations to function properly.

Secondly, the Bill requires local authorities and housing associations to consult tenants' associations in a similar way when formulating their policies and practices. Thirdly, it will enable tenants to make representations to district management teams where they exist, and actually to take over some of the management of their own estates.

Safeguards are laid down in the legislation on what constitutes a bona fide national tenants' organisation, and the proposal to allow tenants to take over part of the management of their own estates should be done only where a reasonably viable scheme is produced from a properly constituted and representative tenants' association.

I have purposely included housing associations within the provision of the proposed legislation, as well as council housing, in order to ensure that these too, provide for participation and consultation. Many of these housing associations, which were formed to be more responsive than local authorities to the needs of their tenants, have grown to the extent that some are larger than local authorities. Furthermore, they have become less accountable as their management committees, self-perpetuating oligarchies, are not elected, or accountable to the electorate, in the way that councillors elected to a local authority housing committee are. As the housing association movement grows, its democratisation is, I believe, essential.

The Bill will be a major step forward in providing for tenants' self-determination, and will give many council and housing association estates the sovereignty they require to become desirable places in which to live.

I believe in the revitalisation of public sector housing as the only real means of solving the nation's ever-growing housing crisis. That crisis is manifest in ever-increasing council housing waiting lists, a growing backlog of council repairs—£10 million-worth in Liverpool alone—an all-time low in the number of houses being built for rent, and increasing numbers of homeless people.

Neither I nor the Labour Party can justify enormous faith in public sector housing while we allow paternalistic housing management to continue, and until we have given council tenants the same rights and freedoms to control their own environment as those enjoyed by owner-occupiers.

Some progress was made in the Housing Act 1980, which implemented some of the tenants' charter provisions of the previous Labour Government. The 1980 Act is weak on tenant participation and consultation. The Act merely put a duty on councils to produce its own proposals for consultation. No method was stipulated. No requirement to fund or to help establish tenants' associations was provided. No method of enforcement was instituted. The whole process, I regret to say, has been treated with contempt by council after council. A new law is clearly necessary.

There was a requirement on housing authorities under the Housing Act 1980 to produce new and progressive conditions by 3 October 1981, and to consult tenants about those conditions 13efore their implementation. Although new tenancy conditions are being produced, real consultation is taking place in few areas.

What has to be realised is that 30 per cent. of the population of the United Kingdom live in public sector housing. Despite the give-away right-to-buy provisions, of the 1980 Act, many do not wish to buy, or cannot afford to buy, their council houses. Those who remain tenants should have rights and freedoms, too.

Some might consider my proposals far-reaching, or not very practicable, but much more than the Bill would introduce has already been implemented by some progressive local authorities and housing associations. The provisions for Government participation, with national and regional tenants' organisations, is commonplace in other countries. In Sweden, rent levels are negotiated between public and private sector landlords. Tenants' organisations produce negotiating teams in the same way that trade unions produce negotiating teams to debate and discuss wage levels.

Council tenants have been taking a battering in recent years. Few new council houses have been built. Waiting lists have grown. it has also become much more difficult for families with children living in flats, and others who are inadequately housed in the public sector, to get transfers. No Member of Parliament who holds art advice bureau or surgery can deny that cuts in services have made it impossible for council tenants to be provided with a decent repair and maintenance service in almost all parts of the country. Consultation on all those major policy issues is essential, as it is on rents.

Since 1979, council tenants have been penalised beyond all measure. Between 1979 and 1982, public sector rents have increased by a massive 117 per cent. and housing subsidies have been cut by 42 per cent. Some councils—again thanks to the 1980 Housing Act—now make a profit on their council tenants. They charge rents which produce surpluses on the housing revenue accounts. Surely it is time that the balance was redressed?

Council and housing association tenants are crying out for a fair deal. The Bill will help to correct that imbalance. If action is not taken soon, public sector housing in the United Kingdom will continue to decline, with the best houses being sold off, and with tenants having no real control over their own homes and the environment in which they live. Without new freedoms and the provision of adequate finance to ensure that those new freedoms have meaning, public sector housing might deteriorate into ghetto housing on the American model.

Question put and agreed to.

Bill ordered to be brought in by Mr. Allan Roberts, Mr. Robert Parry, Mr. Eric S. Heifer, Mr. Jack Straw and Mr. Robert Kilroy-Silk.

Tenants (Consultation)

Mr. Allan Roberts accordingly presented a Bill to give the Secretary of State and local authorities and housing associations duties to consult organisations of tenants when formulating housing policy affecting tenants, and to give tenants' organisations certain rights; and for connected purposes: And the same was read the First time; and ordered to be read a Second time upon Friday 9 July, and to be printed. [Bill 143.]

Orders Of The Day

Northern Ireland Bill

Considered in Committee [Progress, 15 June 1982]

[MR. BERNARD WEATHERILL in the Chair]

Clause 3

Matters For Consideration By Assembly Pending General Suspension Of Direct Rule

Amendment proposed [15 June]: No. 39, in page 3, line 13, leave out from 'Ireland', to end of line 17.— [Mr. J. Enoch Powell.]

Question again proposed, That the amendment be made.

3.39 pm

I remind the Committee that we are also discussing the following amendments: No. 40, in page 3, line 13, leave out

'which is not an excepted or reserved matter'

No. 129, in page 3, line 13, after 'Northern Ireland', insert
'except the organisation and operations of the Royal Ulster Constabulary'.

Government amendments Nos. 133 and 134.

No. 130, in page 3, line 17, at end insert
'unless it is a matter pertaining to the organisation or operations of the Royal Ulster Constabulary'.
No. 143, in page 3, line 17, at end insert
'which shall include the accounts of the Consolidated Fund of Northern Ireland audited by the Comptroller and Auditor General for Northern Ireland'.

No. 42, in page 3, line 17, at end, insert—
'(2) The matters referred to in subsection (1) shall not extend to any complaints or representations made by any member of the public in respect of his personal circumstances'.

No. 144, in page 3, line 33, at end insert
' and—
  • (b) the Assembly shall present to the Secretary of State an Annual Report on the accounts referred to in paragraph (b) of subsection (1) of this section'.
  • No. 145, in page 3, line 33, at end insert
    'and—
  • (c) the Assembly shall present to the Secretary of State an Annual Report on any transferred matters for which an order has been made under paragraph (b) of subsection (1) of section 2 above.'.
  • Government amendment No. 135.

    I think it has been accepted by the Committee that, in practice, the Bill cannot impose effective limitations on the matters to be debated by the new Assembly, if it ever takes shape. Although the Assembly will have no real influence and power over a wide range of matters, that will not prevent the members of the Assembly from debating those matters.

    The district councils are in a similar position because they have no power over or responsibility for the Government's monetary policies, no powers over major financial allocations through the Consolidated Fund of Northern Ireland and no real powers over security. Every time that there is a crisis—a security crisis, an upsurge in violence or the closure of a major factory—the district councils immediately go into special session, for which I do not blame them, and produce a unanimous resolution saying only that they have no confidence in Her Majesty's Government.

    The Committee is naive if it imagines that the new Assembly will behave in a different way. It will have no control over many matters. Indeed, it will have no control over any matters at first. Judging by remarks made by hon. Members on both sides of the Committee over the past three or four days, it never will have real responsibilities as opposed to theoretical ones. But it can protest, pass resolutions and pass votes of no confidence.

    At a late hour last night the Secretary of State told the Committee that the House would pay due regard to the Assembly's resolutions. I wonder what view he would take of a resolution that expressed no confidence in the Secretary of State for Northern Ireland and in Her Majesty's Government. Would he give that resolution a fair wind and say that he felt that he had a duty to the Assembly Members, although it was critical of the Secretary of State, to bring their resolution to the attention of the House of Commons? Would he say to the House, as he said last night, that he trusted that, being a democratic body it would pay due regard to the resolution?

    I am afraid that a new elected Assembly will not be deterred by paper restrictions. Several hon. Members said last night that no matter what devices we built into the Bill, they would not be effective because they would not prevent the Assembly from discussing whatever took its fancy.

    The Secretary of State has consistently underestimated the Assembly's capacity to create difficulties. It is all very well for him to say, as he has on other occasions, that it will not cause problems. Like the rest of us, he has a thick skin and is not unduly worried by criticism. But this would be more than criticism. It would not be criticism from the Ulster Farmers Union, the CBI in Northern Ireland, the Northern Ireland Chamber of Commerce and Industry or the Trades Union Congress in Northern Ireland, but an expression of no confidence in the Secretary of State, coming from a newly-elected body representing the people of Northern Ireland in a way that the various other voluntary and trade bodies and institutions cannot be held to represent them. What would be the right hon. Gentleman's position in the aftermath of a unanimous decision by the Assembly, within a month of its being brought into existence, that it had no confidence in Her Majesty's Secretary of State for Northern Ireland?

    3.45 pm

    The right hon. Gentleman could shrug that off, but in the face of United Kingdom opinion and world opinion, would he not have some difficulty in claiming that he had a moral right to govern a Northern Ireland whose freshly elected representatives had said that they wanted the Secretary of State to go? For it would be put in those crude terms. Those representatives would not be in the habit of wrapping things up in civilised terminology, as we are accustomed to do in this place. It would be a straightforward and—let me break the convention and speak illustratively—it would be a blunt, brutal, bloodthirsty campaign. "Prior must go" is what it would amount to.

    Such a campaign, spearheaded by a freshly elected Assembly, would make life very difficult for the Secretary of State. It would also have another undesirable effect.

    The Secretary of State is well aware that at times we feel very strongly on particular issues, because such an issue arose in his previous incarnation as Secretary of State for Employment. At a time when it was popular to bash the unions, we had the courage—as the Secretary of State recognised on a previous occasion—to stand up for his view that we must try to take people along with us, that by and large it must be done by consent and that we must avoid the errors of the early 1970s.

    That independence of mind and attitude could not be exhibited again once an Assembly was in action on our home ground. "Acting as a home guard" is not exactly the right description; it conjures up rather too benevolent a picture. The Committee has not really studied the point, or become aware of all its implications.

    The Secretary of State said that he would want to ask the advice and opinions of the Assembly. He can therefore hardly blame the Assembly and the representatives elected to it if they give him such advice, and it cannot be treated as just one more opinion. I pay tribute to the Secretary of State, his fellow Ministers and the Northern Ireland Office for the efficiency of their mechanism for consultation on, for example, proposals for a draft order. They are good enough to circulate such proposals, usually with an explanatory note, and they are generally very willing to receive deputations from interested bodies and institutions to clarify and elaborate on any submissions which they may have put in.

    Ultimately, however, the Secretary of State, with his Ministers and the civil servants in the appropriate Department, can sit around a table with a mass of paper and on the basis of that they can expect something of value and can form a judgment. If it happens that some fairly powerful body gives a view contrary to that of central Government policy, the Secretary of State has until now been able to set it aside on the ground that that body's view and its advice are outweighed by all the other submissions which he has received. The right hon. Gentleman will therefore make a judgment that is a compromise of sorts between the various conflicting views put in the form of submissions.

    That will not be the position once the Assembly takes form, because the Secretary of State will presumably refer a proposal for a draft order to the Assembly. The Assembly, he hopes, will take a view—he will not be disappointed in that; it certainly will take a view—and there is a fair chance that it will be a unanimous view and also that it will be a view which the Secretary of State and Her Majesty's Government will not like and will not wish to approve. This then is another recipe for conflict not just in the Government but between the House of Commons and the Assembly.

    Still on the subject of proposals for draft orders and draft orders themselves, a view may be taken in the Assembly and, when the Northern Ireland Committee convenes in this building, that it may come to an entirely different conclusion, because that Committee, consisting of hon. Members representing constituencies throughout the United Kingdom, will perhaps take a more balanced view of an issue which will look quite different to an Assembly consisting solely of Ulster men and women sitting in Belfast.

    I have never been able to resolve in my own mind this conundrum: how we shall get over the real danger of conflict. It will be bad enough in the Northern Ireland Committee; it would be 10 times worse on an order of considerable importance which warranted the order being taken on the Floor of the House and not in the Northern Ireland Committee or Statutory Instruments Committee. One view would be taken on the Floor of the Assembly and a contrary view would be taken on the Floor of this House on the same issue. That again is a recipe for conflict and a great deal of tension and friction.

    To summarise what I have said, in addition to seeking the opinions of various interested bodies in Northern Ireland on proposals for a draft order, the Secretary of State will seek the views of a corporate body, which will give an opinion which cannot be ignored or rejected because it is the view of a body brought into being by the Secretary of State himself.

    If the Secretary of State sought an opinion on something controversial and he had a clear-cut verdict from the Assembly which was clearly in conflict with his own ideas and with the policies of Her Majesty's Government, what would he do? Would he ignore that verdict or would he act contrary to it? If he were to act contrary to it, I am afraid that there would be an outburst of understandable fury in the Assembly.

    I want to deal briefly with the point which seemed to be causing the Secretary of State some difficulty. It arose from the remarks of my right hon. Friend the Member for Down, South (Mr. Powell) about duplicated representation, where a Member of Parliament represents his constituency, with five or, in my case, 10 Assembly Members milling about over the same territory. The Secretary of State seemed to suggest that that was an argument against devolution and a reason why Stormont should never have existed.

    I speak as a Northern Ireland Member who has lived through all the various phases, having come into this place when Stormont existed, when I had in my constituency of Antrim, South four Stormont Members who were responsible to the Stormont Parliament. Therefore, the Stormont Ministers were answerable and accountable to them. No great difficulty arose, because there was a Stormont Member, for example, for the borough of Lisburn, which was approximately in its present form. If a problem was sent to me by a constituent—a matter of roads, planning, health and social services or something of that nature—I naturally passed it to the appropriate Stormont Member. There was no difficulty in his then making representations on that matter, by correspondence, on the Floor of the House in Stormont or in Committee, and in having the grievance redressed without further reference to me.

    I was acting constitutionally, as I understood it, in recognising that there was a body, a local Member of Parliament, and a Minister at Stormont who was responsible for dealing with the problem. I was going through the proper channels. I think that that practice was adopted at that time by all my colleagues representing constituencies in Northern Ireland.

    The situation changed in 1972 when Stormont was abolished. It was followed by the period of the convention—perhaps it was more than a convention—that I could not table questions on any of the subjects in the Table Office. If I attempted to do so I was told that there was a Minister responsible for that function at Stormont, that I should write to him but that I could not table a question either in the House or at Stormont. Naturally, I could not table a question at Stormont.

    That situation continued until the Assembly came into being. It is interesting to note that, from the very first day that the Executive came into being at Stormont, almost a steel shutter came down in the Table Office. Before Stormont was abolished there were, particularly from the Opposition Benches, howls of protest over the fact that for 50 years hon. Members could not investigate everyday affairs in Northern Ireland or table questions on these issues and transferred matters.

    A curious silence descended on those hon. Members once the shutters went down for the period of the power-sharing Executive. I do not remember a single complaint being made when those hon. Members were told, "I'm sorry, boys, but you are back to the 50-year problem. You cannot meddle while the Executive lasts. You can no longer meddle in what is probably Stormont's function." With the collapse of the Executive, we moved on.

    I now come to a rather more interesting operation. In a sense it is more of a parallel to what the Secretary of State proposes in the form of the Assembly, which initially will not have powers—

    The hon. Member will be pleased to know that the Labour Party will have something more to say about the matter shortly.

    Before I pursue that point, may I put this to the hon. Gentleman? It is beginning to sound as though the hon. Gentleman's main concern is the possible loss of power and influence of Members of this House to the Assembly. Although we all want to defend the rights of Members of this House, it is particularly important that if an Assembly can be set up that is seen and felt to be operating fairly we should not withhold powers from that Assembly.

    I shall come to that point. I would say on behalf of my right hon. and hon. Friends that we shall look forward to hearing from the hon. Member for Hammersmith, North (Mr. Soley)—I do not say that facetiously—and to his further contribution on the valid point that he has made? I am glad that, if I have achieved nothing else this afternoon, I have perhaps persuaded him to break his vow of silence and to tell us the view of the official Opposition on the matter.

    I think that the Secretary of State was displaying some interest in the point. It is a valuable lesson, especially in regard to that period—perhaps a lengthy period—during which the Assembly will exist but have no real power. A parallel existed while the Northern Ireland Convention was in session. The Convention was brought into being charged with only one responsibility, which was to agree on a constitution and a settlement and a form of government for Northern Ireland, and to do nothing else.

    A curious thing then happened. Approaches were made to the Secretary of State by members of the Convention who said, "We are being got at by those who elected us. They wrongly expect us to be able to put right their grievances and to solve their problems." The then Secretary of State decided that he would grant them rights of access to Ministers. In other words, he would treat them as though they were Stormont Members of Parliament, although there was no justification for doing so because they were not, and never would be, in control of Stormont Departments. No Westminster Minister was answerable to the Convention and could not be because they were not intended to do that sort of job.

    4 pm

    I shall illustrate that point, which may interest the Secretary of State because he touched on it early this morning. It may clarify his thinking and be of help to the Committee. My problem as the Member of Parliament for Antrim, South was that I had eight members of the Convention in my constituency. When I received a complaint from a constituent about, for example, a planning problem, I would write to the appropriate Minister at the Northern Ireland Office. I would receive a courteous acknowledgement and then, perhaps at the end of three or four weeks, depending on how complicated the problem was, the Minister would reply: "Further to my acknowledgment of your letter of such and such a date, I think that I can do no better than to forward to you a copy of the letter which I have sent to Convention member Mr. Smith", or whoever it might be.

    It would not end there, because I should discover that up to five members of the Convention for South Antrim, scattered over all sorts of political parties and all unknown to each other, would be working on the same problem. Six of us would be unwittingly wasting the time of the unfortunate Minister on the receiving end.

    Can the hon. Gentleman help me, because my recollection of those days has become a little dim? Is he saying that members of the Constitutional Convention assumed the functions of representatives for the purpose of constituents' problems and grievances, and that they could take those problems to Ministers? Was there then great confusion? Did they refer to Members of Parliament and sent them copies of letters?

    It was not uncommon for them to yield to the temptation and the totally false belief, which I expect hon. Members occasionally encounter, that the more Members of Parliament who were asked to deal with a problem the better. Constituents do not seem to realise that that creates endless confusion and probably delays the resolution of the problem. The hon. Member for Epping Forest (Sir J. Biggs-Davison) asked whether it led to confusion. I testify that it led to enormous confusion.

    I often found that the approaches of the five Convention members in South Antrim were all on different lines. There is a curious inability on the part of many constituents to put pen to paper, so many of the approaches to Convention members would be verbal. It is therefore hardly surprising that they received different versions of the problem; nor is it surprising that when they conveyed their request to the Minister there was great variation in the approach and the outline of the problem. That led to confusion and, and even worse, to delay.

    Allegations of negligence could have been made against a junior planning officer by one representative, and then a counter or similar allegation made against a roads officer. That made it very difficult, not only for the Minister in the Department, but for his officials, particularly in the Department of the Environment, to check the various road services, planning services and other departments.

    The hon. Gentleman is on to a serious and difficult point. Some of the difficulties that I think he is portraying are endemic in the political system anyhow, even here, in what is a well-ordered system. I should have thought that this is something that we could look at sensibly, either between the rules committee of the Assembly and the Ulster Members of this House, with myself perhaps taking a part so that we could come to at least some understanding on how the question should be dealt with in future.

    I agree that the hon. Gentleman has raised a difficult and important problem, but I do not believe that it is one that is insuperable, or that it should prevent us from going ahead with what is, I think, an otherwise sensible suggestion.

    I am grateful to the Secretary of State for that constructive and sympathetic response to the points that I have been endeavouring to put forward, perhaps in a clumsy way. I am sure that he would have our co-operation in attempting to resolve the problem, because—as I know he would accept—it is not in anyone's interests, least of all those of our constituents, that there should be such confusion.

    I was a Minister at the time of the Convention and was present when this problem started. At the beginning of the Convention, when we had 78 new members, what the hon. Member for Antrim, South (Mr. Molyneaux) said was true. There was some confusion among those members as to what exactly were their rights and their obligations to their constituents. However, we learnt to cope with the problem and the members of the Convention coped also.

    However, we must understand that the vast majority of Convention members were either councillors or Members of Parliament at the same time, and therefore they were already initiated in the work. I should not be surprised if the new Assembly were made up of councillors, Members of Parliament and MEPs. However, that does not detract from the hon. Gentleman's point. Certainly, at the start of the Convention there was utter confusion, and the Ministers had sometimes in some areas to take up a problem five times from five different political parties. If one party did not get satisfaction, the Minister would find it on his desk from the second.

    I think that the question needs looking at, and that some guidelines should be put down to show Assembly Members what their rights and obligations are in this matter.

    I am grateful to the right hon. Gentleman. I know that he was at the receiving end of many missives from me—missiles might be a more appropriate word—and some were worded in strong language, during his term at the Northern Ireland Office.

    I know that the hon. Member for Hammersmith, North did not mean to suggest it, but his remarks may have been interpreted as implying that some of us might be a little jealous of other people poaching on our preserves. However, he has confirmed that that was not his intention.

    We do not object to some of the work load being hived off, but the problem is that in this case, in the foreseeable future, the power to resolve problems will not be transferred anywhere else. The power to resolve the problems and to hold Ministers accountable will remain in this House unless and until an Executive—partial or total—is formed in Northern Ireland. We must be realistic and face the fact that that will not come for a long time, and, in the opinion of some of us, may never come. However, I assure the hon. Gentleman that there is no question of our regarding ourselves as exclusive brethren and that we resent others interfering in our domain.

    "Jealousy" is the wrong word, because that has moral connotations which I certainly did not intend.

    If the Assembly is to be effective, leaving aside its acceptability, those in it must have some power and influence. That is likely to be done at the expense, to some extent, of other people. Other people normally do not like giving up power and influence. That is a human reaction, but it may be necessary for Members of this House and other people to accept that if the powers are to be effectively carried out by the Assembly, that will necessarily involve some loss of interest in a particular area, and that may be no bad thing.

    I readily accept that, but that is stage two. I have tried to make it clear that I am in no way objecting to some of that power being hived off, provided that, to use the hon. Gentleman's own words, the functions are being effectively discharged elsewhere—at Stormont.

    I am not simply concerned about the interim period. We must be realistic about this and face the fact that for a long time there may be nothing other than an Assembly. Even if that Assembly is exercising powers of scrutiny and advice and so on, that will still not equip its Members to deal with constituents' problems as they ought to be dealt with, as they are dealt with in this House and as they were dealt with in the old Stormont Parliament.

    I know that we are in a difficulty because the amendment on the advisory powers, to put it no higher than that, and on the limited influence on the affairs of the Royal Ulster Constabulary, has not yet been moved. However, I wish to make my party's position clear. There has been an upsurge in the demand for devolution since last November. It reached its peak when there were seven murders in one week, culminating in the murder of Mr. Bradford, my late hon. Friend the Member for Belfast, South.

    It was interesting that at that time people said that we must get Stormont back to stop the killing. People who took that view then still take it. There has been no great change. It is clear that what is being offered will not be equipped to do that and that even in the long term it will not be an effective instrument to stop the killing, because to stop the killing would imply that the Executive would be in control of the security forces. I can accept all the problems arising from that, but the Convention report made it clear that the members were at that time in favour of the restoration of control over security.

    Direct rule came about because the last Prime Minister of Northern Ireland flatly refused to carry on when his Government were being deprived of the control of security and of law and order. If we are conjuring up visions in the minds of the people of Northern Ireland or if they are deluding themselves into believing that they are going to stop the killings—I use the common phrase—and will, therefore, have real power over security, we must come clean with them and explain that in no circumstances will the Bill permit them to have that kind of control.

    I am not arguing the merits of that, but it would be wrong to mislead people in Northern Ireland into believing that they had some influence over security simply because we give them an advisory committee of the Assembly to discuss certain matters pertaining to the RUC or to the police authority.

    To sum up, my party believes that we must come clean about security. It must be all or nothing. We must at all costs avoid encouraging people to believe that, when the Assembly is set up or an Executive is possibly formed later, there will be a dramatic improvement in security. Unless the legislation is changed radically later, the power to achieve any of that certainly does not lie in any Ulster hands.

    4.15 pm

    As I understand it, this group of amendments relates to the Assembly before it is endowed with devolved powers and responsibilities. As is already apparent from the speeches we have heard on these amendments, they raise some important and interesting topics which are relevant not only to Northern Ireland but to other parts of the United Kingdom.

    This is the phase of what some people call the talking shop—the period during which Members of the Assembly will be able to debate, in practice, almost any subject, but will have no responsibility for the subjects being debated. We are therefore immediately faced with the menace of power without responsibility—power to influence, to cause trouble and to stir up disaffection, to agitate, and to make demands, without the concomitant of a democratic society of taking responsibility for measures to deal with those subjects.

    One of the big weaknesses of the proposed Assembly is the absence of any representatives of Government within it. If there is a representative of Government, of the Executive, of those who have responsibility for the use of executive power in a legislature, then arguments, criticisms and questions can always be answered from the authority and background of that executive authority. If no representative of the central Government is present in the early stages of the Assembly, we shall be stirring up a hornet's nest and a great deal of trouble for ourselves in the future. Who knows when we may reach the stage when powers are transferred to the Assembly?

    Meanwhile, the great problems of violence and terrorism in Northern Ireland which excite everyone and cause considerable controversy everywhere, and especially in Northern Ireland, will arouse fierce passions and cannot fail to be represented in this very Assembly which does not have the stabilising factor of direct Government representation.

    One can foresee difficulties on security. Many people in Northern Ireland have an interest in stirring up trouble, in arousing dissent, in provoking violence. One can imagine that the IRA will be anxious to exploit the opportunities it has, and may have, in discussion of subjects connected with security, and one wonders how long the experiment will last before either, according to the way in which the Secretary of State may look at it, we make progress and power is devolved, or the House of Commons becomes convinced that the experiment is useless and, if anything, has only exacerbated the situation. I confess that my judgment, for what it is worth, is that the result will be the latter rather than the former.

    But while the Assembly is in existence, as an institution it will be a serious rival for national attention with the House of Commons itself. It will provide a focus for national controversies, which will be debated there. Its level of interest for the media will no doubt be at the national level and it will have the weakness that there will be no countervailing weight, influence or power by central Government. Is it not bound, therefore, to promote a sense of irresponsibility among the Members concerned?

    I am particularly impressed by the arguments about the relative positions of Members of this Parliament and Members of the Assembly and the way in which their duties and responsibilities will be exercised. I can well understand from the examples given by the hon. Member for Antrim, South (Mr. Molyneaux) that there will be confusion over who is responsible for dealing with constituents' complaints. From what we can foresee, it appears that there will be no fewer than five Members of the Assembly for each parliamentary constituency. Therefore, each Member of this place will have the embarrassment, if I may so describe it, of having five persons within what it is expected will eventually become a law-making Assembly representing the same area that he represents here. Considering the matter further, hon. Members in this place will have less and less power.

    That is my reaction to the comment by the hon. Member for Hammersmith, North (Mr. Soley) during his intervention to put the Labour Party's point of view. His eyes were simply and solely upon the Assembly and he said that, in order that it should have a useful function, it was essential for its Members to be given some power. He did not examine the whole concept and see that such powers can be given only at the expense of this place. Presumably, he underrates the difficulties of the West Lothian question which will arise. [Interruption.] There will be a revolution, says the right hon. Member for Mansfield (Mr. Concannon)

    That is a peaceful form of change at any rate. Devolution has at its heart a weakness for our democracy. We have not heard, or at least I have not read, that the SDP's constitutional remedy for such constitutional difficulties that we may have in this country is similar to that of the Liberal Party, which I understand is to have a whole series of Governments within a federal system. Such a system would result only in increasing bureaucracy and the burden of government on ordinary citizens.

    As I have said before in these debates, I believe that legislative devolution is incompatible with the unity of the United Kingdom. The hon. Member for Hammersmith, North is quite prepared to accept that, it would seem. He is anxious about that part of the United Kingdom only because, as I understand it, Labour Party policy has not yet developed to the stage of seeking devolution for every other region of the United Kingdom. At this stage, the Labour Party is prepared to consider a system for Northern Ireland that will have the effect of diminishing the power of the Parliament of the United Kingdom over that region.

    Will my hon. Friend say why that would be incompatible in future if it was not incompatible before 1972?

    The principle is the same and I still believe in it. I have always thought we have been correct in our approach to the problem of devolution. The fact that Stormont was an anomaly is what we are talking about when we cite it as a precedent. If my hon. Friend is saying that Stormont was a good precedent and that what existed in Northern Ireland for 50 years until its abolition was a good example of devolution, no doubt he will make that case in the de bate when he may advocate devolved assemblies for Scotland, Wales and other parts of the United Kingdom. Nevertheless, one cannot say that the constitutional framework that was developed for Northern Ireland on the secession of Southern Ireland from the United Kingdom was satisfactory. I do not believe that even my hon. Friend would say that. The circumstances and difficulties which led to its abolition are the very circumstances and difficulties that we are discussing today and for which we are still trying to find solutions.

    I do not favour any form of legislative devolution. One of the chief objections is that very problem—the importance, significance and usefulness of Members of Parliament.

    I was interested in what was said about the conflict of powers, duties and influences where there is more than one legislature for an area. Although not a parallel case, there is a similar cage which should be of interest to the Committee. I refer to the effect of the system of proportional representation that has been adopted in West Germany for the purposes of its central legislature. That country has what is known as the topping-up system of proportional representation.

    Recently, I met a member of the German Federal Assembly who had been elected in the normal way, having had a majority of the votes cast in his constituency. Unfortunately for him, there is also in the same Assembly a Member who was the candidate whom my friend defeated in the election—defeated so well that my friend had an absolute majority of the votes. Nevertheless, the other legislator is in the German Federal Assembly because he is one of its topping-up members. He was not elected to represent that constituency, but he does, and he behaves in the constituency as if he were fully authorised and justified in carrying on his duties as a legislator. And why not? After all, that is the provision; that is the way that the law in Germany works.

    What is worse for my friend is that he is a member of the Opposition and the topped—up member who represents the same constituency, and lives there, is a member of the Government party. The result is that the other gentleman, who my friend says is not democratically elected, and who was rejected by the constituency and obtained only a small minority of the votes, appears in that constituency to have much more influence and power—and, within the German system, which must be different from ours, much more favour and privilege—because he is a member of the Government party.

    That seems to be a fundamental weakness of the German system, but it illustrates the point that we shall encounter if we reach the stage at which, in Northern Ireland at least, a Member or Members of the Assembly affects to operate at a legislative level when there are Members of this House who are concerned about national affairs and, under our law, responsible for them.

    I have followed closely the hon. Gentleman's argument against devolution. I noted with interest that it was one of his hon. Friends who rose to defend it. I suspected that hon. Members opposite would be jumping to their feet to defend the Stormont Administration. As that did not happen, I put it to the hon. Gentleman, as the people of Northern Ireland would, that at a security level Northern Ireland was better off during the days of its devolved Parliament and Government. It was better off on an economic level, and there was certainly a greater feeling of constitutional security. Our present situation is undoubtedly evidence of constitutional decline since direct rule. So the view in Northern Ireland is that during that period devolution was good for the Province.

    The simple argument of the hon. Gentleman seems to be against legislative, as opposed to administrative, devolution. I felt that he was rebuking his hon. Friend for suggesting that what took place prior to 1972 might have been a good example of devolution. However, does he not agree that if there were any differences, on the traditions in Northern Ireland, about types of devolution, they were about administration, not about legislation, and that therefore his case does not really stand, because there was no dispute on legislation?

    4.30 pm

    Naturally, I defer to the hon. Gentleman's far greater experience of the application of the devolution principle under Stormont in Northern Ireland. I accept to a great extent what he says. However, I doubt that anyone could say that the old Stormont system could have survived the reign of terror and violence that has been perpetrated in more recent years, since the abolition of Stormont. Perhaps Northern Ireland was relatively more peaceful during the years of Stormont's administration, but equally one could say that Stormont's abolition was a political remedy for what in essence was a security problem that might have been more properly resolved by military means.

    I do not know. I do not affect to have great expertise in the matter. If the hon. Gentleman is saying that the old Stormont system worked well, I must accept, in principle, that it should have worked well, because it was based on the fundamental democratic principle of rule by the majority. Since its abolition, the normal democratic principle has been suspended and almost no progress has been possible, or, indeed, offered or considered by the United Kingdom, which does not command the support of the minority.

    I said before that I do not see how such a principle can be defended. Certainly it cannot be defended indefinitely. That is why we are always talking about interim solutions for Northern Ireland. Sooner or later we must revert to the normal democratic principle that the majority has its way after the minority has had its say. That should apply to Northern Ireland as much as it does, thank goodness, to the rest of the United Kingdom.

    Is my hon. Friend saying that we could go back to a system where a devolved Government exists and the minority always submits to the majority's decisions? Does he not prefer to bring the Northern Ireland people into the wider framework of the United Kingdom, so that the minority can rest completely secure under the protection of this Parliament?

    I am grateful to my hon. Friend. If I gave the impression that I was an advocate of the Stormont system or its re-establishment, I wish to withdraw such an impression. My view is that peace on a long-term basis will be obtained in Northern Ireland only when we treat Northern Ireland, constitutionally, in the same way that we treat every other part of the United Kingdom. That must mean a full system of local government with proper and full democratic representation for the population in this House.

    We have made some progress and we look forward to seeing more members from Northern Ireland in the next Parliament. I hope that we shall eventually restore another tier of local government. Once that is done, Northern Ireland should be administered in the same way as are Wales and Scotland, and we shall no longer be holding Northern Ireland, constitutionally speaking, at arm's length, which I believe is one of the causes of the present most unsatisfactory position.

    I was dealing with the relationships between the legislature and others concerned in representing a constituency in other bodies, but we all have problems. I am sure that hon. Members have problems in replying to constituents' letters. It is understandable that the average member of the public in this country with a grievance may not know precisely where to go for a remedy, but he usually knows that he has a Member of Parliament to redress his grievances. I am sure that I am no exception in that respect. As a result, we receive many letters, complaints, telephone calls and representations from constituents about subjects which concern local government alone. It could even be said that that extended to the European level, because we are expected to cope with problems which are supposed to be the responsibility of Members of the European Assembly.

    I always tell constituents who ask me about roads, housing, and so on that they have councillors who were elected to represent them and who are actually members of an authority that has legal power over those matters. Therefore, individual councillors to whom I refer constituents' letters can take action. A councillor is not merely a legislator as are most of us. We can talk, draw attention to grievances and express our contituents' opinions, whereas he, as a committee member or, in any event, as a member of an authority, can, with his colleagues, take collective decisions. When people understand that, they understand that they are part of a fully functioning democratic system such as we fortunately possess here.

    However, one can clearly see the difficulties that will be caused by this sort of duplication of responsibility in Northern Ireland at whatever stage is reached under the Bill. I believe that it is tragic that the Government did not accept the view that a fully democratic system in Northern Ireland simply needed an upper tier of local government. We have already debated that issue, but my point is that the Assembly which we are creating will be something of a misnomer—something which will be the subject of much ignorance and misunderstanding. It will also be involved in a great many questions over which it will have no control, responsibility or power to take action. Yet there are so many matters that need to be discussed concerning the average British citizen, the average man in the street or family in Northern Ireland. There should be a discussion forum for those problems.

    Most of those problems would, if they existed elsewhere in the United Kingdom, be covered by local government. The hon. Member for Antrim, South referred to roads, planning, health and social services. Clearly those important subjects relate to individuals in Northern Ireland. If there were a fully developed democratic system there, there would be authorities, councils or a forum in which those subjects could be not only discussed, but decided at local level.

    It seems to me that the Government are wrong to lead people away from a perfectly healthy development, with normal democratic processes, which gives the same sort of democratic government that we have elsewhere in this country. Instead, they give the impression that the new Assembly and all the new processes and machinery of government which would be involved would be beneficial. I do not believe that. I think that it will increase people's problems. However there is the outstanding problem of the resolution of matters that concern local government alone, which cannot be resolved by district councils under their existing powers. They are naturally resolved elsewhere in the United Kingdom by an upper tier of local government, whether that means county councils or regions.

    Does my hon. Friend agree that the Committee is indebted to the hon. Member for Antrim, South (Mr. Molyneaux) who has outlined what will be the real practical problems related to democracy and representation when the Assembly is formed? I remind my hon. Friend that there will be five Members of the Assembly for each constituency. My hon. Friend referred also to European Members. Will the hon. Gentleman explain what powers an hon. Member in this House will retain when representing his constituency?

    I have already referred to that difficulty. I do not know what problems my hon. Friend is referring to with regard to his local Member of the European Assembly. The European Member who represents many constituencies, including my own, is also, perhaps fortunately for me, a Member of this House. Therefore, it is possible for me to ease our problems and avoid duplication of effort by personal contact. If we had to have an Assembly in Europe, I think that it would work better on the basis of a dual mandate provided it could physically be operated by the Members concerned. Personally, I am not averse to the idea of our electing from among our own number those whom we wish to form the delegation to the European Assembly every year.

    Order. That is an interesting speculation but it has nothing to do with the amendment. Will the hon. Member please confine himself to it?

    Yes, I agree with you, Mr. Weatherill, that it is an interesting subject. I shall not go into it further but I believe that it is important in relation to the powers which will be exercised, or perhaps influenced, by the new Assembly, on subjects for which a proper system of local government should be provided. I hope that the Government will find a way of converting all the good will and well-meaning concentration of attention upon the need to provide adequate representation for people in Northern Ireland in a democratic fashion into a local government structure. If we can transform the Assembly into a local government authority or means by which local government can be transacted—administrative devolution rather than legislative devolution—we may get something out of all this business.

    We have made so many political initiatives in Northern Ireland and every one that has failed has made the next one that more difficult to succeed. This initiative looks like going the way of all others. However, out of the difficulties, which have been created in the past and what I fear will be the result of the failure of this initiative, it is possible that we shall face the inevitability of integration, which must be the proper answer for Northern Ireland. It should be treated, in constitutional terms, similarly to any other part of the United Kingdom and be given full democratic rights, including that of local government. It could have a body such as the Assembly if necessary, or even more than one body as we said in our election manifesto, and in that way I am sure we would be providing solutions which would endure.

    I welcome the opportunity to speak in the debate on behalf of the Labour Party. Having listened to the debate, particularly to the hon. Member for Antrim, South (Mr. Molyneaux), one of the reasons why I am pleased to be speaking now is that I feel that the Committee is trying to improve the Bill and not just to filibuster. I say that recognising that the Right-wing members of the Conservative Party and the members of the Unionist Party, who have very strong feelings against the Bill, have every right to filibuster. I support them in that right, but they must not expect the Labour Party to join in a filibuster.

    In the past two weeks, we have gone through three nights and are about to embark on our fourth night on the Bill. It is significant to look at the progress made with the Bill. I see the two small but significant moves made by the Government towards the amendments tabled by my right hon. Friend the Member for Mansfield (Mr. Concannon). I welcome those moves. We did that with the minium number of speeches, whereas we have had masses of speeches, as you know to your cost, Mr. Weatherill, indeed as we all know, from the Right wing of the Conservative Party and the Unionist Party. Those speeches have achieved very little.

    4.45 pm

    It does not surprise me that little has been achieved, because what those hon. Members are doing—and we accept this—is filibustering.

    Often it takes some time for us to be able to read our words in the Official Report. The hon. Member for Antrim, North (Rev. Ian Paisley) has only just come into the Chamber. I am sure that he would wish to hear the significant remarks made by the hon. Gentleman about the important concessions that have been made to the Labour Party without the necessity of much debate by it. It is a view to which I have often pointed, and I am sure that the hon. Member for Antrim, North would wish to hear it.

    The hon. Gentleman anticipated me. I was about to say a little more on that subject. I do not think he gave fair representation to my remarks. I said that there had been small but significant moves towards the position put by the Opposition. I suggest that the reason is that the issues were well argued over a relatively short period, and that the argument was put together well. We did not need to continue to do what the Right wing of the Conservative Party and various Unionist Parties felt it necessary to do, namely, to batter away at the Bill to prevent an attempt at rolling devolution in Northern Ireland.

    That is what the debate is about, and as I and my right hon. Friend have said before from the Dispatch Box, the people in Northern Ireland will be looking at this filibustering attempt as a party political game being played over a subject that is of great importance to them. I do not think that hon. Members should try to give the impression that there is some deal cooked up. It has to be dealt with on the basis of whether one tries to find a workable and fair form of local government for Northern Ireland. We say that the Secretary of State is making a serious attempt to find a fair form of government for Northern Ireland. We support that attempt.

    The hon. Gentleman is very fair, but he should not say that the defence of the Union—we regard the Bill as a threat to the Union—is a party political game. It is not party political. I hope that it is a national game.

    If that were the case we would have seen a different series of amendments and heard many different speeches. I made the point, and I was about to make it again, that the problem for the Conservative Party is that it still does not know whether it is the Conservative and Unionist Party. I know that the hon. Member for Epping Forest (Sir J. Biggs-Davison) thinks that it is, and he is determined to fight in that corner. I know that some people feel that the Union can be sustained only by having a Northern Ireland that is recognised as being a different entity within that Union. That is a fair position within the Tory Party. Let us not pretend that that is not a massive and major split within the Tory Party.

    While we are on the subject, let us look at the position of the Unionists, because it is difficult in these debates to know who is speaking for the Unionist cause. It is not just between the Democratic Unionists and the Official Unionists. It is also within the Official Unionist Party. So far as I understand the issue, the hon. Member for Antrim, South wants Stormont back. That does not sound to me as though that is what the right hon. Member for Down, South (Mr. Powell) wants. The right hon. Member for Down, South seems to be looking for a completely integrated position. Those are fair and reasonable arguments, but let us not pretend that that is what the arguments have been centred on over the past days and nights.

    I cannot let this occasion pass without mentioning a certain subject. As I am sure all hon. Members are aware, having sat through 15 June, that today is 16 June, which is a significant date. It is the date chosen by James Joyce for his hero Leopold Bloom to take his travels through Dublin in the early part of this century. It is significant, too, that the BBC, which always manages to broadcast these programmes when I cannot hear them, is putting out tonight an excerpt that deals with Leopold Bloom deciding to protect Stephen Dedalus on that journey, and to protect him from the dangers of the night. I am sure that that symbolism is not lost on the Secretary of State. I can only conclude that the Secretary of State is really Stephen Dedalus and that the Government Chief Whip will be appearing any time now in the form of Leopold Bloom to protect him from the serried ranks of the Right wing of the Conservative Party and, indeed, from the Unionists parties. We should not miss that historical aside.

    Some of those who are prone to speak at length in the debates may be minded to get a copy of "Ulysses" from the Library. That book has about a thousand pages, and it is often relevant to the problems of Northern Ireland, not least in the section dealing with the Cyclops and Prejudice. I would advise them, however, that I have taken the book out of the Library on the ground that, in the hands of some hon. Members on the Conservative Benches, it could be regarded as an offensive weapon.

    The hon. Gentleman has been speaking for about 10 minutes. Although he is critical of some for what he terms a filibuster, I do not believe that he has as yet addressed his remarks to any of the amendments.

    Perhaps what the hon. Gentleman means is that I am being too generous in giving way to interventions. I am glad to welcome back the hon. Member for Basildon (Mr. Proctor). I am sorry that he was not with us last night but, no doubt, he will be in the Chamber throughout the night doing his usual job.

    I want to move on to the amendments. The hon. Member for Bury St. Edmunds (Mr. Griffiths) has tabled two amendments dealing with the Royal Ulster Constabulary, to which he has not yet spoken. I do not want to deal with those amendments in my remarks until we hear what he has to say. I do not know what are his plans on those amendments, so I shall not deal with them now. The Government amendments dealing with reserve powers are significant and substantial, and the Opposition welcome them. They give the possibility of much wider debate and discussion, and potential influence and power in the Assembly. Those reserve matters were taken originally from the 1973 scheme.

    I note that local authorities in Northern Ireland can discuss security. It does not seem unreasonable that the Assembly should also have the right to discuss what local authorities are discussing. The main sticking point for the Labour Party, as well as for the Government, is that the excepted matters such as defence and certain other aspects of security could not be devolved. Again, we note from the amendments, it is the policy of both Official Unionists and Democratic Unionists to try to get back all local powers, both reserved and other excepted powers. I do not feel that we could support that. That would be unacceptable to us because it would not give that cross-community support, the need for which is recognised in the White Paper, the papers published in 1973 and 1974, and in so much of the discussion that has taken place since then.

    Significantly—I stress its significance—the problem has not been recognised to a great extent, with honourable exceptions, by other members of the Conservative Party and the Unionist parties, who have been seeking to block the Bill in the debates of the past days and nights. As I have said many times before in the House and elsewhere, it is pathetic nonsense to pretend, whether or not one agrees with it, that there are not two different national identities in Northern Ireland, which have had deep and lasting effects on the way in which Northern Ireland politics are conducted. If we try to duck that fact and talk around the problem instead of facing up to it, those problems will continue.

    The problems may have grown much worse in 1979, but they have been present off and on to a greater or lesser extent for many years. They have a long history, and they will be dealt with effectively only when we face up to the way in which the division of Ireland took place in 1920.

    That is one of the reasons why, when we looked at that point thoroughly in the paper prepared by the Labour Party, we concluded that the only sensible and progressive way forward for all the people in Northern Ireland, both the Unionists and Republican sympathisers, was to move towards a united Ireland, with consent. We still hold that view.

    Does it follow from that that the hon. Gentleman and the Labour Party will support measures which, in their view, will tend towards the dissolution of the Union and oppose measures which in their view would tend to strengthen it?

    By and large, yes. We are not in business to preserve the Union if we are talking about a united Ireland. Clearly it would be nonsense to talk about a united Ireland and to talk about intergration or full involvement of Northern Ireland in the United Kingdom. The two are obviously contradictory, and the right hon. Gentleman knows that. There has never been a difference between the right hon. Gentleman and the Labour Front Bench on that issue. It is a contradiction in terms to talk about a united Ireland by consent, on the one hand, and a United Kingdom that includes Northern Ireland, on the other.

    Therefore, if on the whole the Labour Party wishes to see the Bill pass into law, we may assume that, in its view, the Bill tends not to strengthen and protect the maintenance of the Union, but to move in the direction of its dissolution.

    Again the right hon. Gentleman anticipates me, and I hope not without reason.

    An attempt has to be made to get the two communities in Northern Ireland to co-operate with each other, above all in political matters. At the moment, on both the Unionist and Republican side, paramilitary groups are able to operate because there is a degree of alienation from the existing political system. In putting it like that, I recognise that it is slightly over-simplified, but all right hon. and hon. Members know that the major problem is the existence of paramilitary groups on both sides which are not only killing other people but which are prepared themselves to die for a cause that they believe to be right. Whether or not we like it, it is a fact. It is a fact for me in facing up to the reality of the Unionist paramilitary groups, just as it is for someone else, with a contrary view, who must face the fact that Republicans are prepared to kill and die for their belief. We cannot duck that.

    Yet sometimes when listening to this filibuster throughout the past few days and nights, I thought that the Right wing of the Conservative Party and some members of the Unionist Party had a desire to avoid facing up to that problem. I do not dispute that there is a difficulty about which side of the equation to come down on, or whether other alternatives are available. But it is incredibly dangerous and short-sighted to pretend that a problem does not exist and has not existed since long before 1969. It is not new.

    Will the hon. Gentleman take it from me that the Opposition do not think that the problem does not exist? The difference between us is how to deal with it.

    Yes. The difference is how we deal with it, but I feel that the hon. Member is ignoring it. I put him in the camp of those who have said relatively little about how we deal with the concept of different identities.

    I cannot remember when it was, but we have had long debates about what was the identity that the two communities talked about. The right hon. Member for Down, South does not like that phrase and I understand that. There are many communities in an area.

    Part III of the White Paper is clear about the existence of two identities in the sense of a national identity. It is that problem that the Right wing of the Conservative Party has consistently avoided, and it has done so because of a belief in Northern Ireland being a proper part of the United Kingdom. It does not question how the border was drawn in the first instance. I defend its right to do that, but we have had a problem because of that since 1920 and we shall go on having that problem until we face it and deal with it.

    5 pm

    I shall return briefly to the amendment before you, Mr. Weatherill, tell me that I am straying too wide. I recognise that the hon. Member for Antrim, South was making the point that there is a difficulty. If powers are devolved, some of those exercised by hon. Members in this House will be sought after by Members of the Assembly. That is true, but it is true of Members of the House anyway. We know that we deal with council matters at times. Occasionally, if a person is not satisfied with a councillor they come to us. There are areas where there is a lack of clarity. That does not make the case that the Government should not try to give the Assembly wide discretion, and a wide range of subjects for discussion. As I understand Government amendments Nos. 133 and 134, that is what they are doing. They are widening the subjects for discussion and taking out reserve matters. That is to be encouraged. What matters at the end of the day to the Labour Party is whether it does anything to bring the two communities together. If it does, it helps the Labour Party towards its policy.

    However, if I were in the Conservative Party I should also want this Bill even if I were a full-blown Unionist because I know that the political situation in Northern Ireland is different from that of the rest of the United Kingdom. It is not like Scotland, Wales or any other part of Britain. Therefore, we have to make special political social and economic structures for it. If we accept that we are almost inevitably forced down the road of looking for forms of government to deal with the problems that people wish to bring up in the normal way locally, and that are seen and felt by a majority of citizens to be fair.

    It is the Conservative Party's problem to find that answer, as it is the problem of the Labour Party. I make no secret of the fact that the Bill is not the Bill that the Labour Party would have brought in, but it is a Bill that, on balance, ought to be given a fair reading. I do not feel able to say to the people in Northern Ireland that we shall destroy, filibuster and mess up this Bill because it seems to me that many people in Northern Ireland want to have a shot at making it work. If they do, good luck. As long as the Bill does not prevent the Labour Party from fulfilling its long-term policy aims, I see nothing against it.

    I stress to the right hon. Member for Down, South that the Bill does not lead us to a united Ireland. I wish that it would. I wish that I could believe, as he seems to believe, that there are people in the Northern Ireland Office who are determined to achieve my goal for me. If he knows that such people exist, I should be grateful if he would arrange some sort of introduction for me. I am always looking for a little help.

    Is it the hon. Gentleman's view that such people do exist in the Northern Ireland Office?

    I have no idea, but unlike some hon. Members I am not prepared to make judgments about the Civil Service.

    On the whole, I found the Civil Service to be hardworking and loyal to the policy that was being carried out, but perhaps I am slightly old-fashioned in saying that.

    The Assembly must have some ability to discuss, debate and eventually move on, if possible, in the way that the Secretary of State would like, as long as it receives cross-community consent. I can see no objection to it being able to look at certain matters relating to law and order, and other such subjects. If we fail to let it do that, we shall fail to recognise what is basic to both the Tory and the Labour Party, that whatever view one has of the future of Northern Ireland, whether it is an integrationist or united Ireland view, or anything in between, there must still ultimately be a form of Government there. It must be felt and seen to be acceptable to the vast majority of the community across the national identity divide. If we can achieve that, it will be a success for whichever party achieves it. It will be a success, above all, for the people of Northern Ireland.

    I should like to move the amendments that stand in my name—

    Order. The hon. Gentleman cannot move any of his amendments now. They are grouped with the amendment that we are now debating, No.39. Although the hon. Gentleman cannot move his amendment now, if he wishes to have a separate Division at the end, I shall consider that.

    On a point of order, Mr. Weatherill. The hon. Member for Hammersmith, North (Mr. Soley) has made an extremely important speech on behalf of Her Majesty's Opposition, and it calls for comment. He has made observations about the view of a number of Conservative Members. I should like to know whether it will be possible to return to the amendment that he was discussing as well as deal with the amendments tabled by my hon. Friend the Member for Bury St. Edmunds (Mr. Griffiths).

    Order. If the hon. Member looks at the Notice Paper he will see that there is a wide grouping on amendment No. 39. Of course it will be in order to return to what the hon. Member for Hammersmith, North (Mr. Soley) has said on behalf of the Labour Party, and to what other hon. Members have said.

    I am grateful to you, Mr. Weatherill, for saying that it will be possible to have a Division on the amendment that I have tabled. I take the point made by my hon. Friend the Member for Epping Forest (Sir J. Biggs-Davison). You are entirely the master of the grouping of the amendments, and I accept unreservedly your decision to group the amendments together. However, with respect, it has placed the Committee in a slightly difficult position in that the matter to which I wish to address myself is specific and limited. It concerns only the Royal Ulster Constabulary, whereas many of the other amendments touch on much wider issues. This is likely to be at the least an untidy debate. Hon. Members may find that that they wish to speak, for example, on the matter to which I am addressing myself, but at the same time wish to go back to the many other issues raised by the other amendments, including those tabled by the Government.

    I am not complaining, Mr. Weatherill—it would not be right to do so—about your selection of amendments, but I hope that you will have some regard to that point when you call other hon. Members to speak, and also when you take account of the time—which may be a critical factor—before you possibly agree to a curtailment of the debate. I make that point in the general interest of hon. Members on both sides of the Committee.

    I have an interest to declare—which the Committee knows well—in the police service. For that reason, I have been tempted to intervene in almost every debate that has taken place on this complicated Bill so far. However, I have resisted that temptation, which was not always difficult late at night, for two reasons. First, I think that it is right to assemble all the arguments that I wish to make in one place, which I shall do now. That inevitably will mean that I shall have to detain the House for a little while, and I apologise for that. Secondly, I think that the control of the organisation and operations of the police service is central to the future security of Northern Ireland.

    I start by referring to an incident that took place in Londonderry last week. Three police officers of the RUC were searching a shed for reported stolen property. One of the items that they found was a stolen television set. When police constable David Reeves started to pick up the set, an IRA bomb, booby-trapped into it, exploded and killed him outright.

    David Reeves was 24. He was the seventh member of the security forces to be murdered in the Derry area over the past nine weeks.

    I am horrified to hear that the figure is eight rather than seven.

    Police constable Reeves' companion was another police constable. He was not killed, but I hope that his relatives will forgive me for saying that at first sight it might have been, in some respects, better if he had been. The stretcher bearer said of him, as they carried him away, "The injuries that he had were horrific—his legs, stomach, right shoulder, head and face. He was suffering terribly, but there was nothing that we could do. He just kept muttering 'I wish that I was unconscious, I wish that I was unconscious.'" That officer had just turned 21.

    A third policeman who was also present when the booby trap went off was luckier. He suffered only severe blast injuries to his legs, arms and face and, in addition, had a broken foot. He was a member of the RUC reserve, and he had just turned 20.

    I make no apology for mentioning that incident, because of what transpired at the end of it. As the injured police officer was being carried to the ambulance, a gang of youths gathered around and screamed abuse at him.

    All the more reason, then, why we should take account of incidents of that nature. Can one imagine in our country a more distressing or heartrending confrontation than that between a savagely injured policeman crying, "I wish that I was unconscious, I wish that I was unconscious," and simultaneously a gang of his fellow citizens chanting in his ears "Let the bastard die"?

    I have related the details of this incident in the context of my amendments for two reasons. First, because they underline the brutal—

    Is the hon. Gentleman aware that there was an even worse incident at the Unity Flats? The police officer was dying and the ambulance services, the police and the army were stoned while they were trying to get their wounded colleague to hospital.

    Yes, Sir. In fact, I was in Northern Ireland at the time, and I was well aware of the details of that incident. The hon. Gentleman's intervention merely serves to underline what I am saying, that the Royal Ulster Constabulary has to undertake its duties in the midst of a brutal and cruel situation in which its members regularly do their duty in fear of being killed or mutilated.

    I mention the incident, secondly, because I want to declare not only my interest and pride in the connection that I have with the British police service, but—I hope that I shall carry right hon. and hon. Gentlemen on both sides of the House with me—to pay some small tribute to the men who die and are horribly wounded in Northern Ireland in the interests of the maintenance of law.

    Recently we have witnessed the glorious victory in the Falkland Islands. All of us were deeply concerned about the casualties that our Armed Forces faced in that enterprise. Of course I share in every respect the feelings of grief of the families of our soldiers, sailors and airmen in the Falklands. However, in Northern Ireland over the past 10 or 15 years the casualties have been much greater, and there is a danger of taking them almost for granted because they are not so dramatic—at least, they are dramatic, but they are less noted in this House.

    5.15 pm

    I believe that the whole Committee will join in that tribute to the RUC. I know, too, that one of the main reasons why my right hon. Friend has introduced the Bill, which generally I support, is because he wants, above all else, to do all in his power to bring an end to such suffering and brutality, which should have no place in the United Kingdom. It is for that reason, above all, that I generally support the Bill.

    I agree with the words in the White Paper:
    "Political stability, economic recovery and the defeat of terrorism go hand in hand …There is a direct link between the creation of a durable and fair system of government and the ending of the violence".
    I agree with that, and I support my right hon. Friend's search for a way out of this horror. Of course the Committee must judge whether he has found a suitable way out, but I applaud him for trying.

    Is it the hon. Gentleman's judgment that the constitution proposed in the Bill will lead to greater political stability?

    If the right hon. Gentleman will allow me to develop my speech, the answer to that question will become apparent.

    I congratulate my right hon. Friend on his attempt. None the less, I have some reservations about the Bill, and they are generally set out in my amendments. I am particularly concerned about the possible effects that the Bill will have on the organisation and operations of the RUC. This matter goes to the heart of the security situation in Northern Ireland for particular reasons that are to be found in the history and character of the RUC.

    Unlike most British police forces, the RUC was originally set up with a broadly political purpose, not only to uphold the Queen's peace and maintain the law, but to safeguard more or less the settlement that led to the creation of the Province of Northern Ireland. That was one of its tasks, and implicit in that task was its duty to help protect the border. That is why the RUC, from its very inception, was armed. That is why I acknowledge, although I regret, the existence of a few members of the minority community who have never accepted the border or the separate existence of Northern Ireland, and who want union with Southern Ireland. That is why that group of people has never fully recognised or accepted the RUC. That is a reality, and it is one that we should face.

    So we are talking about one of the most sensitive political as well as security questions in Northern Ireland—perhaps the most sensitive. I choose my words with care, because after many years of exposure to the work of the RUC—it goes back quite a long time, to the Hunt report, the B specials, and so on—I have learnt that careless and inflammatory words uttered in this House or outside can undo or make immeasureably more difficult the work of the RUC, and can put lives at risk. No words of mine should be construed as in any way a criticism of, or an attack on, the chief officer of the RUC.

    My chief concern in the amendments is to preserve the immense progress that the RUC has made over the past 10 to 15 years. Over that period, thanks to the efforts of successive Governments, the RUC has become larger, stronger, better paid and better equipped. More than all of those advances, it has become much more acceptable to all elements of the Northern Ireland community, except, of course, to the IRA and the Republicans.

    The hon. Gentleman says that the RUC is not acceptable to the IRA or the Republicans. The difficulty that we experience in Northern Ireland is that the police, who do such a marvellous job and who are even-handed in the maintenance of law and order—to use the language of the British Government—are not supported by the major Republican party in Northern Ireland, the SDLP.

    On occasions such as the terrible atrocity referred to by the hon. Gentleman, the SDLP pays lip service to the RUC and expresses regret, but at other times it attacks the RUC. Until it stops attacking the RUC there is no basis for political stability in Northern Ireland.

    I understand and to some extent share the hon. Gentleman's concern. However, the point that is critical to my amendments is that I wish to preserve the change that has taken place in the position of the RUC in Northern Ireland over the past 10 to 15 years.

    Statements such as that made by the hon. Gentleman a few moments ago need to be considered carefully if we are to preserve even-handedness. There are problems of paramilitaries on both sides of the divide. The RUC has trouble arresting those on the Unionist side. Will the hon. Gentleman bear in mind that the paramilitaries on the Unionist side are also responsible for having killed a significant number of the security forces?

    Did I hear the hon. Member correctly when he said that paramilitaries on the Loyalist side have been guilty of a large number of murders of the security forces?

    It is only fair to say that the intervention of the hon. Member for Hammersmith, North (Mr. Soley) was much more directed to the intervention that was made in my speech than to anything that I said myself. I hope that there is nothing that I said that is other than even-handed.

    Would my hon. Friend, who knows about such matters, care to tell the Committee about the RUC's extraordinary success in bringing to book gangs of murderers who claim the title of Loyalist and abuse it? They have had remarkable success and there can be no doubt of their even-handedness.

    Perhaps I should confine myself to saying that the RUC is one of the best police services in the world. It has done its duty without fear or favour of any man.

    The crucial change that has taken place in the RUC over the past 10 or 15 years is not that it has become bigger and better equipped, and possibly even more efficient, but that it has become much more acceptable. It has become almost wholly accepted by virtually all the community, save for the IRA and a few committed politicians.

    The reason for a change of such immense value can be summed up in a word. The RUC has, in every respect, become a British-style police service. By that I mean that it has become, and it is seen to have become, five new things. It is seen to be non-sectarian. It is seen to be politically neutral. It is seen to be totally impartial as between the majority and the minority groups within the community. It is accountable not to Ministers or to Governments, but only to the law and the courts. Above all, its members are committed to carrying out the law in accordance with the oath of all British policemen to do their duty without fear of favour and with malice or affection towards none.

    The RUC has become identified with the rest of the British police service. That is an important change. It was not the case some 20 to 30 years ago.

    I agree with the hon. Gentleman that the RUC is a very professional police force. However, I would not stress the word "British", because it is a most professional police force, equal to any force anywhere in the world.

    It has another attribute. It has now become accountable to those whom it serves. It has recreated the system whereby it polices by the consent of the community that it serves. In addition, there is a police authority to which it answers and with which it discusses the further expansion and extension of the services that it provides.

    I do not disagree with the hon. Gentleman. However, the important point is that the RUC has transformed itself over the past 10 or 15 years from a force that was thought to be political and sectarian, and, to some extent, the instrument of Government. Whether it was, is beside the point. It was so perceived to be. Now it is not so perceived to be, either by those who serve in it or by the vast majority of the citizens of Northern Ireland who know it to be a British-style police force; one that is independent, politically neutral, non-sectarian and prepared to carry out its duty with fear or favour to none. That is a precious achievement. It is one of the most important changes that have taken place for the good in Northern Ireland in many a long year. My only concern is that nothing done by the Bill or the Government should put at risk that transformation.

    One of the engineers of that change has been the Police Federation, in which I have an interest. The Police Federation has worked with those in England, Wales, Scotland and Northern Ireland to achieve the integration of pay and conditions.

    Edmund-Davies was the product of the Police Federation.

    The Police Federation has worked hard to achieve a consistency of training. The forces on this side of the water benefit greatly from the experience and know-how of the RUC. The Police Federation has brought about a consistency by means of representative bodies charged with the duty under statute to look after the welfare and efficiency of the forces. Above all else, the Police Federation has played an important role in improving the cross-border co-operation with the Garda that has been of such immense importance in the task of policing the border.

    On many occasions it has been difficult for the Government to speak to the Government of Southern Ireland about security matters. However, when representatives of the Garda attended the meetings of the Police Federation conference in Britain and Northern Ireland, we achieved a practical working relationship, which spilled into the operations, into the intelligence gathering, the work on the ground in Crossmaglen and elsewhere, that has been of immense importance. The irony—I shall return to it shortly—is that the same Police Federation that has helped to achieve those advances in the RUC is excluded from any participation in the activities of the police authority of Northern Ireland. That is a scandal.

    What is it, above all else, that has enabled the RUC and the Police Federation to move forward to become a service that is non-sectarian and politically independent and seen to be so? The one big factor that has helped to bring that about is, oddly, direct rule. It is that the Secretary of State became responsible for the RUC. It is that this House started to examine the organisation, management and political attitudes within the RUC. It is that the RUC became more involved with the British Civil Service. It is that more and more the RUC over there became mixed up with the police service, its management and political control over here. That is my essential point.

    This House, the British Secretary of State, the United Kingdom Civil Service and the links with British forces on this side of the water have done more than anything else to bring the RUC to a position where it is more accepted by the whole of the diverse community in Northern Ireland.

    5.30 pm

    Above all else, the wish of the men and women of all ranks in the RUC is that they should retain that link with the British Secretary of State, the British Parliament, the British Civil Service and their colleagues on this side of the water, whether in the federation or in the day-to-day operations of mutual aid between the forces.

    I cannot put the argument more plainly that I did in a speech in Belfast. I took the precaution of showing it to the Secretary of State before I made it because I am anxious to say nothing in Northern Ireland to make my right hon. Friend's life more difficult. I shall quote a short extract from it. I said:
    "Whatever plans may be under discussion for the return of powers and duties from Westminster to Northern Ireland"—
    this was before the White Paper and the Bill—
    "the members of the Royal Ulster Constabulary have no wish ever again to find themselves under the tutelage of a sectarian or of a party political police control in the Province. They prefer to remain a strictly British-type police force responsible via its chief constable to the Queen, to Parliament and to the courts of the United Kingdom. They also expect to be treated like any other police force in the United Kingdom, accepting the same responsibilities, receiving the same pay and conditions, accountable to the local community for their local public relations, but operationally independent of any political pressures.
    The Northern Ireland Police Federation would resist any suggestion that the RUC be returned to the control of local politics in Northern Ireland and I am sure that they would be right to do so …The RUC also look to the Secretary of State to implement in full the reforms of their police authority as recommended by Lord Edmund-Davies. These reforms, admitting the Police Federation to their authorities' meetings because they have so much to contribute, have been adopted in England and Wales. It is very disturbing to find that the Northern Ireland police authority in this respect is dragging its feet."
    I can only repeat those words to my right hon. Friend. The views of the RUC are identical today. I regret that over many months since those words were uttered the response from my right hon. Friend's Department has been, for all practical purposes, a brush-off.

    The hon. Gentleman should make it clear that the police authority is not in any way controlled or elected by the people of Northern Ireland. Its members are nominated by the Secretary of State.

    I know well the composition of the police authority in Northern Ireland. Indeed, it suffers in many respects because no representatives of an elected body, or of magistrates, sit upon it. It suffers even more from its obstinate exclusion from all of its councils of Police Federation representatives who, in this country, have been able to enrich the discussions of many of our police authorities on many non-confidential matters. That is not done in Northern Ireland and the authority is the poorer for it.

    My concern for the moment is whether the Bill could lead to the return of the Royal Ulster Constabulary to political control in Northern Ireland. The Secretary of State has given some assurances. When I expressed my anxieties he referred me to paragraph 54 of the White Paper which states:
    "Once a durable and stable system of government is established in Northern Ireland, the Government will consider whether any of the 'reserved' matters in the 1973 Act should be placed in the 'transferred' category and become the responsibility of a devolved administration."
    We are discussing an amendment which may change the situation.

    The White Paper continues:
    "'Reserved' matters include law and order responsibilities which are of great importance and concern to the people of Northern Ireland and about which the Secretary of State will wish to keep the Assembly, and also an Executive when established, fully informed."
    Two points arise from that. First is the commitment by the Secretary of State, as and when he gets it right, to devolve effective control of the Royal Ulster Constabulary back to Northern Ireland. That is the big issue. The second involves the arrangements that the Secretary of State wants to make in the meantime to keep the Assembly, and the Executive when established, fully informed about the RUC's activities.

    Keeping the Assembly and the Executive fully informed is the halfway house. We have not reached complete devolution, only partial devolution. Al that stage the Secretary of State will want to provide the Assembly and the Executive with more information about the RUC and security matters. It may be said that that is the least that he can do. What kind of an Assembly or Executive would exist if they were not allowed to discuss, comment and debate the most important, vital and politically contentious issue in Northern Ireland—law and order?

    In practice, even if the Secretary of State attempted to prevent the Assembly from debating these matters, it would be impossible as well as impolitic. The debates of the last few days have shown that if hon. Members want to discuss a subject, with the best will in the world from the Chair, they will do so. In reality, confronted with points of order, calls for statements and efforts to make the business of the House impossible, no Government over here could prevent an Assembly from debating and commenting upon the RUC's operations