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Commons Chamber

Volume 26: debated on Wednesday 30 June 1982

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House Of Commons

Wednesday 30 June 1982

The House met at half-past Two o'clock

Prayers

[MR. SPEAKER in the Chair]

Committee Of Selection

Ordered,

That the Standing Order of 12th June 1979 relating to the nomination of members of the Committee of Selection be further amended, by inserting Mr. Ken Eastham.— [Mr. John Stradling Thomas.]

Private Business

Woolworth (Aberdeen Development) Order Confirmation Bill

Considered; to be read the Third time Tomorrow.

Oral Answers To Questions

Scotland

Questions and answers have been getting longer recently. It will enable more questions to be called and answered if brevity is the order of the day.

Scotmap

1.

asked the Secretary of State for Scotland what consultations he has had with the local authorities and the independent bus operators on the Scotmap proposals; and if he will make a statement.

I welcome the Scotmap objectives of providing more cost-efficient bus services, better tailored to local needs. Detailed proposals arising from Scotmap studies are, however, for discussion between the bus company and the local authority concerned.

Is my hon. Friend aware that if these rationalisation proposals go through they will have a serious impact on the local independent bus companies, on which the rural communities rely? Is he further aware that there will be serious inconvenience to the travelling public?

I agree with my hon. Friend about the importance of the independent operators, especially in rural communities. Detailed decisions affecting his constituency are, of course, for the Western SMT and the regional council, and I have no doubt that they will take full note of my hon. Friend's comments.

What effect is the phasing out of the new bus grant having on bus services? Is my hon. Friend not worried that, with a lot of older buses on the roads, there will be a lack of safety standards among those buses?

I am happy completely to reassure my hon. Friend about safety. On the SBG's finances, we believe that the existing target of 4½ per cent. per annum on net fixed assets is moderate and reasonable.

Select Committee On Scottish Affairs

2.

asked the Secretary of State for Scotland what action he proposes on the latest report of the Select Committee on Scottish Affairs.

I am considering the report. I shall respond to the Select Committee as soon as possible.

Is the Secretary of State aware that that excellent man the hon. Member for Central Ayrshire (Mr. Lambie)—[HON. MEMBERS: "Hear, hear"]—deserves the congratulations of the whole House on the report, which has been even better received in my constituency than the determination to extend development area status to Orkney and Shetland? Will the right hon. Gentleman assure us that it will not be allowed to moulder in that revolting building, New St. Andrew's House, and in particular that he will pay attention to the proposals on road equivalent tariff and on reducing the price of petrol? What proposals does the right hon. Gentleman have on those two matters?

I am grateful to the right hon. Gentleman for his warm compliment to the work of my neighbour in Ayrshire, which I, too, greatly appreciate. I am also grateful for the right hon. Gentleman's reference to the assisted area status in Shetland. I join him in welcoming the Select Committee's excellent report. I shall study all of its recommendations with great care and respond as soon as possible.

Is the Secretary of State aware that I join in the congratulations on this very useful and helpful report? However, as he has gone some way towards assisting shipping services on the West Coast, will he now set a deadline for the introduction of the road equivalent tariff?

I am not very keen on setting a deadline. As the right hon. Gentleman acknowledged, we have moved a long way towards the road equivalent tariff, as we undertook to do. The grant has been more than doubled in cash terms and stands at £10·6 million, which is a great advance.

There are many different views about what would be the best form of road equivalent tariff. Some areas think that they might gain while others think that they might not gain so much. We must get the answers right before we finalise the matter.

Despite the praise that he gives the report, does my right hon. Friend agree that the suggestion to zero rate petrol and transfer the cost to petrol duty would be a retrograde step in country areas?

I note what my hon. Friend said. I would prefer not to make a detailed comment about that until I have had the opportunity to study it. I greatly welcome the fact that the Select Committee has gone into the problem of the price of petrol in rural areas.

I accept the congratulations of the right hon. Member for Orkney and Shetland (Mr. Grimond) and of the Secretary of State for Scotland on the Select Committee's report. I do not know whether the Secretary of State is congratulating me on the good report or on the fact that I am giving him 7,000 Tory voters from Troon following redistribution of the boundaries. May I draw the Secretary of State's attention to the fact that this was the unanimous report of a Select Committee with a Conservative majority? I hope that he will implement its findings as quickly as possible. As a means of making progress towards that aim, will he provide an opportunity for hon. Members to debate the report?

The latter point is a matter for my right hon. Friend the Leader of the House. I am sure that if the hon. Gentleman wants a debate, he can make a request. I think the hon. Gentleman will agree that it is best that such an important document should be carefully considered. I shall do that as quickly as I can.

National Health Service (Dispute)

3.

asked the Secretary of State for Scotland whether he will make a statement about the Health Service workers dispute.

12.

asked the Secretary of State for Scotland if he will make a further statement regarding the dispute in the National Health Service in Scotland.

The effects of the dispute have been damaging to the care of patients in Scotland, with some areas and services being more seriously affected than others. In some cases the trade unions have failed to provide even the basic levels of service required by their code of practice. Whatever the feelings on their pay claim, there can be no justification for the trade unions' action in withdrawing essential services from those least able to look after themselves.

The Government last week authorised an improved offer to nurses and professions supplementary to medicine of 7·5 per cent., to ambulancemen and pharmacists of 6·5 per cent., and to other staff of 6 per cent. I hope that all staff concerned will accept that these increases are reasonable and realistic in present circumstances and will now return to normal working.

Now that a conciliatory meeting has been arranged between the trade unions and ACAS, will the Government depart from their inflexible attitude and agree to meet the ACAS chairman in order to give further consideration to the justifiable 12 per cent. wage claim? What the Government have offered so far is an insult and amounts to a wage decrease in real terms to nurses and other ancillary workers who are essential to the survival of the National Health Service, founded by a previous Labour Government but threatened with destruction by the present Tory Government?

There has been real growth in the Health Service since this Government took over from the Labour Government. As for inflexibility, we showed in our offer last week of 6 per cent., 6·5 per cent., and 7·5 per cent. a degree of flexibility. The inflexibility has come from the trade union side, which has stuck rigidly to a demand of 12 per cent. and above.

Will the Minister accept that the trade unions, far from being inflexible, are very flexible? It is the trade unions that have asked to see ACAS next Tuesday. The Government have so far made no conciliatory moves in the dispute. Will the Minister accept that, even under the Government's improved offer, according to official figures published in The Guardian today student nurses will actually be worse off financially? When will the Government see sense in this dispute? They are just as responsible as anyone else for damaging patient care.

The Government have said all along that they are not prepared to sanction a recourse to arbitration. It would be wrong to subcontract to some independent body the decision about how much the Government and the taxpayer can afford. The increases that we announced last week, which show flexibility on our side not matched on the other side, are believed by the Government to be fair and in line with settlements of about 6 per cent. in comparable parts of the public sector.

In the light of my hon. Friend's reply that the trade unions in certain areas were not acting in accordance with the trade union code of practice, will he identify the hospitals where the code has not been adhered to?

There are a number of hospitals in Scotland, including, I think, some in my hon. Friend's constituency, where, during some of the time in the last five weeks, the code of practice was not adhered to—

There were two hospitals affected in Edinburgh during the laundry dispute, which, fortunately, has been partially resolved.

They were the Edinburgh Royal infirmary and the Royal Edinburgh mental hospital.

No reduction in the level of care for seriously ill and highly dependent patients is regarded as acceptable by the Government. When large hospitals like the two that I have mentioned and others are left without catering staff, porters and cleaners, and when soiled linen is allowed to pile up for days on end and there are insufficient quantities of clean bedding or clothes for elderly and mentally ill patients, it is clear that the standards of care have fallen below a tolerable level and that the code of practice is not being obeyed.

Will the Minister accept that if there is any inconvenience to patients, the responsibility lies squarely on the Government? Will he accept from me that the final word has not been said on this matter by a long way? How can the hon. Gentleman and the Government say in the same breath that there is no extra money for National Health Service employees but that there will be at least £1,000 million available for financing the Falkland Islands fiasco?

The hon. Gentleman should get his facts right. The figure that my right hon. Friend the Secretary of State for Defence mentioned yesterday was £500 million for this financial year out of the Contingency Fund. That comes out of the Contingency Fund.

The hon. Gentleman obviously does not understand what the Contingency Fund means. Let me reiterate. Last week we offered a reasonable increase consistent with increases to teachers, to civil servants and, indeed, to the Armed Forces. I hope that workers in the National Health Service will at least take away our offer and consider it, as the nurses are prepared to do.

Does my hon. Friend agree that the nurses are a special case and that this has already been recognised by the Government? Does he further agree that during the winter of discontent the National Health Service unions, along with other unions, brought about the demise of the Labour Government so that they could return to free collective bargaining.

Part of free collective bargaining is job security, holidays and pensions. All of this has to be computed when one is working out wages, particularly at a time—[interruption.]

Our record of expenditure on the National Health Service and increases that we have given to the nurses, in particular, since the last election, are matters of which we can be proud. They contrast with the increases given by the Labour Government which ended up in all the trouble of the winter of 1978–79, which Opposition Members seem to have suddenly and completely forgotten.

How can the Under-Secretary justify giving different levels of pay increases to different people working in the National Health Service, especially as he has recognised the importance of porters and laundry workers in keeping the service going? What justification exists for widening differentials when people are already taking a very real cut in their standard of living.?

In making an offer of 7·5 per cent. to the nurses and professions supplementary to medicine we are recognising their special position within the National Health Service as the people who give direct patient care. We are also recognising the expensive training that equips them for their position in the Health Service. I am certain, whatever the Opposition may say, that the people of this country recognise that it is right to pay special attention in wage negotiations to the particular case of nurses and professions supplementary to medicine.

Rating Reform

4.

asked the Secretary of State for Scotland if he is now in a position to announce the proposed content and timing of legislation to reform the rating system in Scotland.

Not yet. The diverse public responses to the options set out in the Green Paper merit careful consideration.

Does my hon. Friend accept that progress should be made towards achieving a much fairer and more equitable form of taxation system in this respect, however much the ratepayers of Lothian region may be delighted with the reduction in rates following the local elections?

I agree with my hon. Friend. The reactions to the Green Paper have reinforced our impression that ratepayers of all classes are anxious for early relief from the rates burden. Like my hon. Friend, I welcome the new Lothian administration's early decision that its ratepayers should benefit from a reduction in expenditure that will lead to an average saving of £43 for every domestic ratepayer.

Does the Minister remember that we were derided when we opposed the Rating and Valuation (Scotland) Order 1982 and suggested that partial revaluation had handicaps? Does he also remember that only on 17 May he was pouring cold water on our doubts? Is he aware that we welcome his repeal of the order and the postponement of partial revaluation? Does he agree that the clear implication of that retreat is that something has gone seriously wrong with the implementation of plans for electoral reform that were easily given in an electoral promise?

Certainly not. My right hon. Friend responded positively to CoSLA's representations and decided not to go ahead with partial revaluation in 1982–83. We shall go ahead instead with full revaluation in 1985–86. That decision demonstrates the seriousness with which my right hon. Friend and I take representations from CoSLA.

What steps will the Government take to relieve commercial premises of the rate burden?

We have consistently made it clear that proposals for the reform of the rating system will take fully into account the interests of industrial and commercial ratepayers.

Is my hon. Friend aware of the devastating effect that high rates are having on the hotel industry and, therefore, on the tourist industry in Scotland? Does he envisage any relief for that sector of the economy?

I have received representations on that point. We are studying several detailed aspects of the problem.

For the benefit of hon. Members with short memories, will the Minister repeat his party's pledge about rate reform? Does he agree that the increased unpopularity of rates has been due largely to the inflationary policies of the Government and the reduction of rate support grant?

I reiterate that the specific pledge to abolish domestic rates in one Parliament was given in the Conservative manifesto of 1974—not 1979, which was the election that the Conservatives won. We have made clear our commitment to reforming the rating system in the long term.

Hamilton College Of Education

5.

asked the Secretary of State for Scotland if he will now make a statement about the sale of the former Hamilton college of education buildings.

Prospective purchasers have been informed that the property is available for disposal either as a whole or in lots and have been invited to submit firm offers by 23 July.

Is the Minister aware that today the doors closed on Lanarkshire's fine college of education at Hamilton, and that responsibility for that contemptible act of educational damage lies fairly and squarely at his door? Will he assure the House that there is no possibility of his agreeing to an elitist private school taking over these buildings? Will he also assure the House that the acute shortage of student accommodation, which has been occasioned by the residences closing, will be greeted with help from the Scottish Education Department?

The hon. Gentleman is aware that the college closed because it virtually ran out of students as a result of the diminishing demand for teachers and the falling school population in Scotland. The Government have always made it clear that we should like the buildings to continue in educational use. So far, no offer has been submitted by any education authority in the West of Scotland.

Ayr (Redundancies)

6.

asked the Secretary of State for Scotland how many redundancies have been notified to his Department in Ayr during the past three months.

Since 1 April 1982 two instances of redundancy involving 10 or more people have been notified to the Manpower Services Commission as due to occur in the Ayr employment office area with the loss of 109 jobs.

Does the Secretary of State agree that one of those enforced redundancies was to be at Wallacetown Engineering? Will he, like my colleagues from Ayrshire, welcome the fact that the management has acceded to the trade unions' legitimate claims and that normal work will resume tonight or tomorrow, thus ending an 11-week occupation of the factory, which was justified as it was in pursuit of legitimate aims?

Is he not ashamed that he did not join Labour Members from Ayrshire in applying pressure to the management to bring about an early and successful conclusion to the dispute, thus alleviating some of the misery and hardship that was suffered by the families of those who were forced to fight to justify their trade union rights?

I, too, am relieved that the protracted dispute ended yesterday as a result of an agreement between the management and the trade unions concerned. I deplore the actions of the hon. Gentleman and his colleagues. They encouraged a dispute that has done grave damage to the future of many people's jobs in my constituency. I should have much preferred it if they had not done so.

I appreciate my right hon. Friend's modesty. Will he tell the House some of the good things that have happened in Ayrshire, especially with regard to Scottish Aviation, for which Government contracts are important in the long-term future?

I am grateful to my hon. Friend. He may like to know that since May 1979 we have made no fewer than 12 offers of selective financial assistance to firms in the Ayr employment office area. That has involved more than 2,300 jobs and associated investment of about £66 million. My hon. Friend will also know that we have given special assistance to British Aerospace, Caledonian Airmotive and the Digital Equipment Company, all of which have been expanding their employment.

Will the Secretary of State join me in congratulating my three hon. Friends from Ayrshire who joined the trade unions to save jobs? Rather than bleating, would it not be better if he took a leaf out of their book and fought a little harder to save more jobs in the Scottish economy?

It would help a great deal if the hon. Gentleman learnt his facts before intervening in these matters. He may not be aware that the company was seriously considering expansion before the strike took place. I am depressed by the fact that the strike cannot have helped that prospect. I hope that the expansion will still take place.

National Health Service (Dispute)

8.

asked the Secretary of State for Scotland what representations he has received about industrial action in hospitals in Scotland.

We have received a range of comments from health boards, outside organisations and members of the public on the continuing difficulties for hospital patients that have been caused by the current dispute.

Does my hon. Friend agree that the whole basis of the Health Service is that patient care comes first? Does he agree that the continuing support and sympathy for workers in the Health Service has been eroded by the callous way in which they have disregarded the interests of patients in Scotland? Are the Government prepared to take every step, even if it includes crossing picket lines, to ensure that patient care comes first?

I agree that the spectacle of patients being put at risk and in great discomfort cannot have done the Health Service unions' case any good. The sooner they think about that, the better. We are fortunate that most nurses and many other staff have continued to work throughout the dispute. Many of them have worked far beyond their normal duties. We should be grateful to them for their efforts to keep up services for the care of patients. I strongly deprecate the efforts of outside bodies to politicise the decision at the expense of patients and their care.

Manpower Services Commission

9.

asked the Secretary of State for Scotland if he will take steps to allow the Manpower Services Commission in Scotland greater autonomy in the design and implementation of measures to aid the unemployed.

The Manpower Services Commission in Scotland already has considerable autonomy in the implementation of measures to aid the unemployed and Ministers and the Commission consult closely on the design of such measures.

Will the Minister confirm that he received a letter from the Scottish Council for Social Service which said that more than 30 voluntary organisations will not participate in any scheme for phoney employment for adults? Will he ensure that any such schemes in Scotland satisfy two important criteria: first, that those participating have the full status of employed persons; and, secondly, that they are paid the right wage for the job?

The hon. Gentleman should know that the schemes put into operation by the MSC in Scotland and elsewhere are agreed by employers, trade union representatives and others on the local committees. The local committees are themselves important and the MSC committee for Scotland makes a great contribution towards ensuring that the schemes are as useful and practical as possible for the unemployed and others who are training.

Why is the Minister allowing the MSC establishment in Scotland to be cut by a far higher percentage than that in England, where unemployment is lower?

The studies of manpower in the MSC apply on a United Kingdom basis. The MSC in Scotland is performing its functions very satisfactorily. The right hon. Gentleman will know that the MSC is responsible to my right hon. Friend the Secretary of State as well as to my right hon. Friend the Secretary of State for Employment, and my right hon. Friend takes a very close interest in these matters.

Does my hon. Friend agree that the new training initiative has a much better prospect of being successful in Scotland because we have a Minister with responsibility for education and industry, both of which will be essential elements if the project is to be as successful as we all wish?

Will the Minister look at this again, as in my constituency it is proposed to close down one jobcentre and to reduce the number of staff at the other? In the jobcentre that may be closed as a result of this so-called economy, youth unemployment is remarkable, and 44 per cent. of young people unemployed have been out of work for a year or more.

The right hon. Gentleman will know that if it is planned to close a jobcentre in his constituency other jobcentres are being opened elsewhere in the West of Scotland. This is a matter of MSC planning in considering the use and uptake of places at jobcentres, which is low in some parts of the country despite high unemployment.

It depends on the uptake of places at the jobcentre. These are matters that the MSC or any other organisation must take into account.

Salmon Stocks

10.

asked the Secretary of State for Scotland if he will set up an inquiry to investigate the problem of reduced salmon stocks in Scottish rivers.

My right hon. Friend has no plans to do so, but he is watching this situation carefully.

I am sure that my hon. Friend, as a keen angler, is aware of the fall in salmon stocks. Is he aware of the serious effects of this on rural economies in areas such as Speyside and Deveronside?

I am well aware of the problem. I am also aware of the reported decline this year, particularly from salmon netting stations. There is, however, no further evidence to show whether this is a temporary decline or a long-term change. A working party is examining matters relevant to the international management of salmon stock and I hope that the creation of the Atlantic salmon convention will be useful in this regard.

As the problem has been going on for some time, presumably the Scottish Office has been examining it for some time. If there is not to be an investigation, what conclusions has the Minister reached about the reasons for the decline in stocks?

At the risk of indulging in a lecture on the cyclical nature of salmon, I should point out that it is early in the year to make a global decision about the decline in stocks. We all realise that stocks are under pressure, but, as has been found in previous years, the grilse run later in the year may be higher than usual. Therefore, we should wait until the end of the year to review the position. Nevertheless, we have been attempting to control and keep down the number of salmon caught off Greenland and the Faroes, both of which areas have increased interception of Atlantic salmon and are undoubtedly causing damage.

Company Liquidations

11.

asked the Secretary of State for Scotland how many companies went into liquidation in Scotland during 1979, 1980 and 1981, respectively.

The total number of compulsory and creditors' voluntary liquidations—the two types that involve insolvency—recorded in Scotland in 1979, 1980 and 1981 were 238, 379 and 438, respectively.

I am surprised that the question has not been answered, but that is typical of the Government. The record speaks for itself. Instead of the economic miracle—

Order. Perhaps I may help the hon. Gentleman. He can get that point in if he puts it in the form of a question.

The record speaks for itself—[Interruption.] Does it not? Is the Minister aware that an economic miracle has not taken place despite the Government's assurances? Is he also aware that Scotland is suffering as a result of the Government's attitude and is clearly in desperate straits? Does the Minister appreciate that production is lower than it was at the time of the three-day week, which was bad enough? Does he further appreciate that Scotland and its economy has suffered more—

Order. I think that the hon. Gentleman has given the Minister enough to appreciate.

I am sure that the hon. Gentleman will be delighted to hear that, whereas the number of liquidations that I mentioned were of the order of 200 or 300, the numbers of new companies registered in Scotland were 3,514, 3,270 and 3,475 last year. He will also wish to know that in his own constituency the Robb Caledon shipyard has recently won three orders—two for Sealink Ferries and one for an oil supply ship for Norway. In my constituency, which borders his, Brown Brothers and Co. (Engineers) has gained a £23 million order to supply steam catapults and stabilisers to the United States Navy.

Does my hon. Friend agree that a large number of those smaller companies were established as a result of the Government's efforts to encourage enterprise in Scotland?

My hon. Friend is absolutely right. It is encouraging that new businesses are starting up in Scotland at a satisfactory rate.

As the Minister seems to be well briefed with detailed figures, will he tell us how many jobs were lost as a result of the liquidations and how many were created as a result of the new companies starting up?

The hon. Gentleman will be well aware of the unemployment figures in Scotland. He will also be aware that what Scotland needs more than anything else is a growing number of new companies. The figures that I have given reveal that, whereas 200 or 300 companies have been liquidated every year, 2,000 or 3,000 companies have been formed every year, and that is good.

Sheriffs (Appointments)

13.

asked the Secretary of State for Scotland whether he is satisfied that, in the appointment of sheriffs, experience is taken fully into account and that long-serving temporary sheriffs are placed at no disadvantage.

In consultation with my noble and learned Friend the Lord Advocate, my right hon. Friend's aim is to recommend to Her Majesty the appointment of the best qualified person at any given time. Service as a temporary sheriff is one of a number of factors that are taken into consideration.

Is the Minister aware that the present system gives absolute power of patronage to the Lord Advocate? Is he aware of concern over recent appointments, and does he agree that a clear-cut set of rules should govern appointments to the Bench in Scotland?

I am surprised at the hon. Gentleman's comments. We have not received complaints about the appointments system.

Does the Minister consult the sheriffs principal on this matter as well as taking all other circumstances into account?

I can reassure my hon. Friend that the views of the sheriffs principal are taken into account by my noble and learned Friend the Lord Advocate before he makes a nomination.

Is the Minister aware that the patronage system of sheriff appointments in Scotland is so corrupt that I am forced to advise my constituents, if they are interested in a fair trial, not to appear before Sheriff Principal Taylor, another failed Tory parliamentary candidate—

Because of the way in which he tried to gerrymander the parliamentary constituencies in favour of the Tory Party?

Order. The hon. Gentleman is very fortunate that I did not order him to leave the Chamber. He knows that he should sit down when I stand up. He also knows that he is not entitled to criticise a judge, as I gather that he was doing, without putting down a motion on the Order Paper.

Coal Output And Electricity Generation

14.

asked the Secretary of State for Scotland if he will make a statement on the current relationship between coal output and the generation of electricity by the Scottish boards.

In the year ended 31 March 1982 coal-fired plant produced 59 per cent. of the output of electricity of the Scottish boards. The Scottish electricity boards purchase 71·6 per cent. of the National Coal Board's output in Scotland.

Does the Minister accept that if that ratio continues into the foreseeable future it will be essential that the future of the Invergordon smelter is decided, because of the high proportion of electricity that it uses? When can the Minister make that decision, because it is important to my constituents, who produce coal for power stations and factories?

We hope to reach a decision on the future of the Invergordon smelter within the next few weeks. We are still conducting negotiations with companies. In the event that efforts to reopen the smelter are successful, it is estimated that the coal burn will be three-quarters of a million tonnes higher annually.

Does my hon. Friend accept that coal remains the most important indigenous source of energy available to this country and that that fact must be reflected in any future energy generating programme? Does my hon. Friend further agree that the political posturings of Mr. Arthur Scargill and Mr. Mick McGahey are endangering what would otherwise be a secure future for the coal miners, because the generating industry requires stability of supply?

I entirely agree with my hon. Friend. What is worse, Mr. Scargill damages not only the prospects of the coal industry, but those of the Health Service, too.

Does the Minister appreciate that the closure of the Invergordon smelter has resulted in a reduction of no less than three-quarters of a million tonnes of coal consumption by the South of Scotland Electricity Board? Is he also aware that the reopening of the smelter is crucial, not only for the area, but for the coal industry and many other industries in Scotland? Is the Minister further aware that there are disturbing press reports to the effect that most of the potential buyers for the Invergordon smelter have now lost interest and that the power contract on offer is either inadequate or not even specific? Can he say what is happening in the negotiations and give an absolute pledge that the Government will make a full statement on this matter within the next few weeks?

I can assure the right hon. Gentleman that my right hon. Friend and I are fully aware of the importance of the efforts to reopen the Invergordon smelter. The right hon. Gentleman will know that the biggest single obstacle is the state of the world aluminium market. That is why so many companies have withdrawn from the negotiations. However, there are still two or three companies with which we are in urgent consultation. My right hon. Friend will make a statement to the House as soon as he has full information.

Gourock-Dunoon Ferry

15.

asked the Secretary of State for Scotland whether he is satisfied with the arrangements now made for the operation of the Gourock to Dunoon ferry; and whether he will make a statement.

It is satisfactory that the residents of Cowal continue to have a choice of ferry services, that it has been possible to continue to provide a high standard of service for foot passengers, and that it has been possible to reduce the subsidy being paid to Caledonian MacBrayne in respect of this service in 1982–83 to half the level required in the previous year.

Will the Minister accept that that choice has largely been preserved because the Conservative Government had to retreat in disorder from their original ludicrous proposals for the ferry service? Is the Minister aware that the firm expected to be the principal beneficiary is now so upset that it is considering going to law? Will the Minister note that when that possibility has been exhausted we shall return to the matter?

Will the Minister assure the House that, to assuage the feelings of uncertainty among my constituents, and others, there will be no proposals from the Government to withdraw or modify services? Will the Minister confirm that preparations are being made to sustain services for the financial year 1983–84?

Will my hon. Friend confirm that competition is a strong lever to bring about cuts in costs and improve efficiency, and that, having saved on the subsidy on those runs, there will be subsidies for other Calmac runs in the West of Scotland?

I agree with my hon. Friend about the importance of competition in this area, as in many others.

Unemployment Statistics

16.

asked the Secretary of State for Scotland how many long-term unemployed were registered in the Kilbirnie, Saltcoats and Irvine employment exchange areas at the last available date; and how this compares with the same time in 1979, 1980 and 1981.

On 15 April 1982, 3,318 people in the Kilbirnie, Saltcoats and Irvine employment office areas had been registered as unemployed for more than one year. The comparable figures for 1979, 1980 and 1981 were 1,324, 1,370 and 1,903, respectively.

Is the right hon. Gentleman not ashamed to admit that he is the Minister responsible for employment in Scotland? Is he aware that not only is North Ayrshire a disaster area for unemployment, but that figures show that it is also another disaster area for the long-term unemployed, many of whom have been unemployed for over a year? When will the right hon. Gentleman get off his backside and stop sending his hon. Friend the Minister with responsibility for industry and sport to Spain to attend football matches—with no apparent benefit—and start worrying about unemployment in the North Ayrshire area?

I share the hon. Gentleman's great concern about unemployment in North Ayrshire, particularly the long-term unemployed. However, I should not have expected that even he would accuse me of inaction. He must bear in mind what has been done to help the area. As part of the West Scotland special development area, the North Ayrshire area qualifies for maximum assistance. That was brought in by the Conservative Government, not the Labour Government. Since May 1979 we have made 19 offers of selective financial assistance to firms in the area. That involves over 1,470 new jobs. The hon. Gentleman cannot accuse the Government of inactivity, but I share his concern at the unemployment figures.

17.

asked the Secretary of State for Scotland if he will make a statement on the current level of unemployment in Scotland.

On 10 June 1982, seasonally adjusted unemployment in Scotland stood at 314,800 or 14·1 per cent. We have substantially increased the programme of special measures in the current financial year, but our strategy of controlling inflation within a sound financial framework, and restoring competitiveness, is the best way to improve employment prospects, both in Scotland and elsewhere; and I am encouraged by the progress that we are making.

Is it not the case that the non-seasonally adjusted figure is 341,200 and that that is up by 16,500 since last month, representing 15·3 per cent. of the population? When will the Under-Secretary understand that the policies that he repeats month after month at the Dispatch Box are proving to be an abject failure and a disaster? Will he agree to change course and do something for the unemployed in Scotland instead of repeating, ad nauseam, policies that do not work, and cannot work?

Policies that reduce inflation, reduce wage settlements, reduce interest rates and improve exports and the balance of payments can only be good for Scotland, despite what the hon. Gentleman said.

Is the Minister prepared to hold out any realistic hope, with present policies, of a significant reduction in this appalling figure, at least over the remainder of the lifetime of this Parliament?

I am sure that the right hon. Gentleman is aware that the increase in unemployment has been dramatically reduced, but it is still increasing, and is likely to do so, at least for some months yet. The right hon. Gentleman should not disagree with the Government's policies, as they are close to his policies on expenditure when he was Chancellor of the Exchequer.

Does my hon. Friend accept that, despite the unacceptable rate of unemployment, there is a growing public realisation that there are no easy answers to the problem and that the Government's economic policy provides the only long-term hope for the unemployed? Does he further agree that this was demonstrated by the positive swing from Labour to Conservative in the Coatbridge and Airdrie by-election?

My hon. Friend is absolutely right. In the by-election at Coatbridge and Airdrie and in the local government elections in Scotland it was obvious that the population of Scotland had far more sense in these matters than Labour Members.

Is the Minister aware that the swing to Labour in the Coatbridge and Airdrie by-election, compared with the swing in the two elections in 1974—which resulted in a Labour Government—would lead to a Labour Government with an even bigger majority in a general election? Is he further aware that the lack of confidence in the Government's policies, particularly on unemployment, displayed by the electorate of Coatbridge and Airdrie is widely reflected among the voters of Scotland, who look for an early opportunity to give a similar verdict on those policies?

I am happy to welcome the hon. Gentleman to the House and to Scottish questions. We look forward to further contributions from him. However, I am sure that he will in future be more accurate, because my awareness, and that of the psephologists, is that the Coatbridge and Airdrie result, reflected throughout the country, would increase the Government's majority.

Does my hon. Friend accept that my constituents in Buckie find it difficult to understand why, despite an unemployment rate of 14·3 per cent. in the area, he has taken away assisted area status, whereas assisted area status is retained for areas such as Inverness, which also have the advantage of Highlands and Islands Development Board grants.

I fully appreciate the disappointment in my hon. Friend's constituency following the Government's decision on assisted area status. These have been difficult decisions to make. Nevertheless, following those decisions, 72 per cent. of the working population of Scotland still remain in assisted areas, and Scotland still has the largest special development area in the United Kingdom. Scotland has done well out of the reappraisal of regional policy that this Government introduced.

Order. To enable me to call the Opposition Front Bench, I shall allow a minute extra at the end of questions to the Solicitor-General for Scotland.

I welcome my hon. Friend the Member for Coatbridge and Airdrie (Mr. Clarke). Why did the Secretary of State not answer the question about the appalling level of unemployment in Scotland? Is he not ashamed of the 341,000 unemployed in Scotland, a figure that has doubled during his period of office? If not, he should be. Will the Minister and the Secretary of State stop making all these optimistic noises about an upturn in the economy, when every indicator from the CBI, the Fraser Institute and everyone else predicts further increases in the already tragically high level of unemployment in Scotland?

The right hon. Gentleman must be aware of the impact of the world economy, even on Scotland. Scotland cannot be considered in isolation. The action of my right hon. Friend with regard to these matters is perfectly clear. He is doing everything possible within and without Scotland to make sure that unemployment levels are reduced. Indeed, under my right hon. Friend's leadership, the level of unemployment in Scotland compares very favourably with the rest of the United Kingdom—unlike the record of the right hon. Gentleman, who, while Secretary of State, had the satisfaction of doubling unemployment.

Solicitor-General For Scotland

Criminal Justice (Scotland) Act 1980

30.

asked the Solicitor-General for Scotland whether he will have further consultations with the procurators fiscal to discuss the operation of part II of the Criminal Justice (Scotland) Act 1980, relating to procedure and evidence; and whether he will make a statement.

There is a continuous flow of information from procurators fiscal to the Crown Office on the operation of all parts of the 1980 Act. Both I and my noble and learned Friend the Lord Advocate have had discussions with procurators fiscal and other interested parties on the operation of the Act, and will continue to do so with a view to identifying any difficulties being experienced in connection with the implementation of this legislation.

Does the Solicitor-General for Scotland accept that great administrative problems arise from the administration of judicial examination? Will he also look at the problems arising from section 2 of the Act, which allows the detention of suspects for questioning by the police? Is he aware that the confidence that he and his colleagues have expressed is not shared by the Criminal Court of Appeal? Has he seen the recent judgment, where Lord Emslie referred to the problem of confusion created by the detention powers, and Lord Cameron said:

"It is not, indeed, immediately apparent what useful purpose this innovative and possibly confusing provision is designed to serve."
In those circumstances, will the hon. and learned Gentleman consider further amending legislation, as this is clearly an unsatisfactory situation?

A number of points are developing as we gain experience of the working of judicial examination. As to the recent case to which the hon. Gentleman referred, I think that he is referring specifically to the problem of the caution that is given by the police where the powers of detention are exercised. The hon. Gentleman may ruefully reflect that when the measure was in Committee I referred to the efficacy of the warning that is required to be given under that section. I accept and recognise, as the Court of Appeal has said, that there are two stages at which a warning must be given. If the police detain someone without questioning him further, the caution required by section 2(7) is sufficient. However, if the police ask questions, it is clear that they must give a common law caution, and that instruction has already gone from the Crown Office to the police.

Does my hon. and learned Friend agree that the Criminal Justice (Scotland) Act 1980 is going down very well in the courts, largely because of the way in which the sheriff principals, such as Sheriff Principal Taylor, are handling it?

In spite of some of the somewhat hysterical over-reactions originally given to this legislation, it is clear that a number of parts of the Act are working extremely well. Despite the fact that it was thought that the police would abuse the powers given to them, a number of people from interested sections involved in the administration of justice in Scotland recognise that they have used them both reasonably and sparingly.

Kilmarnock

31.

asked the Solicitor-General for Scotland if he will meet the procurator fiscal of Kilmarnock, to discuss the administration of justice in Kilmarnock.

I have no immediate plans to meet the procurator fiscal at Kilmarnock. From time to time I do visit the offices of procurators fiscal and discuss relevant matters with them.

When the Solicitor-General for Scotland meets the procurator fiscal of Kilmarnock, will he ask him when he will take action on the case referred to him claiming that certain consultants employed by Ayrshire and Arran health board were guilty of irregularities? People in Ayrshire are concerned that when the procurator fiscal is dealing with consultants they must wait a long time for a decision, whereas when he is dealing with councillors, decisions are given overnight. When will the procurator fiscal give a decision in this case?

I am aware of the investigations to which the hon. Gentleman has referred. Although I should not like any unnecessary delay before a decision is taken, whether or not it is appropriate to instruct proceedings in this matter, at this stage it would be wholly inappropriate if I were to respond and give any indication about whether a criminal prosecution will be mounted before the investigations are complete.

Is the Solicitor-General for Scotland aware that there is great resentment among the low-paid health workers in Ballochmyle hospital, who cannot get an increase in pay, while these consultants, who are already well paid, are able to boost their large incomes by what appears to be the illegal provision of private beds? Surely the hon. and learned Gentleman must make a statement about this matter, otherwise the rumours and concern will spread far and wide in Ayrshire.

For once, the hon. Gentleman has advisedly chosen his words carefully. As I have already said, it would be wholly inappropriate for me now to give any view about whether it is right to institute criminal proceedings.

Scottish Law Commission

32.

asked the Solicitor-General for Scotland what subjects he expects to discuss at his next meeting with the Scottish Law Commission.

While I have no meetings arranged, I meet the Scottish Law Commission from time to time to discuss all aspects of law reform which it is presently considering.

At the risk of being thrown out for being tedious and repetitive, may I ask the Solicitor-General for Scotland whether he will remind the Scottish Law Commission that we have been waiting for well over a decade for the publication of its Bill to abolish warrant sales? Is there any chance at all during the lifetime of this Parliament of such a Bill being sponsored by the Government to abolish once and for all this medieval and barbaric practice?

If nothing else, the hon. Gentleman has tenacity on this point. We are awaiting a report from the Scottish Law Commission on the law of diligence. The part that concerns the hon. Gentleman—his concern is shared on both sides of the House—is the aspect that relates to warrant sales. The hon. Gentleman probably recognises that every mature legal system in the world requires an end process to bring to a conclusion the differences between a creditor and a debtor. If the hon. Gentleman is particularly concerned about arrangements that are made for the public sale of the property in a debtor's home, I have some sympathy with that point. Personally, I await with great interest the proposals that will emanate from the Scottish Law Commission, which I expect will not be long in coming.

Will my hon. and learned Friend discuss once again with the Law Commission the problems of cost and time arising out of accused persons changing their pleas to guilty on the day of the trial diet? Will he ask it to look again at the ways in which the whole paraphernalia of setting up a trial can be avoided when such a change of plea is likely?

The problem of people changing their pleas at a later date is essentially an administrative one. There are a number of schemes which both I and my noble and learned Friend the Lord Advocate are considering. I hope that that, in conjunction with a number of provisions of the Criminal Justice (Scotland) Act 1980, will result in an acceleration in the times for diets.

Are the Government nearing completion of their consideration of the Law Commission's proposals on aliment and divorce, and do they consider that this is a subject on which they could bring forward proposals for reform?

It is recognised that the proposals of the Scottish Law Commission, to which the hon. Gentleman referred, are useful. They are being considered by the Scottish Home and Health Department and I await with interest its views on them.

What is the current state with regard to custody orders as between England and Scotland, and what progress has been made on an international convention for custody orders for children of divorced parents?

I remember your recent stricture, Mr. Speaker. It is recognised that there continue to be problems over custody orders, particularly in an international context. The Scottish Law Commission, my noble and learned Friend the Lord Advocate and myself are aware of the concern that this can cause to parents in such a difficult position.

Agriculture And Fisheries (Ministerial Meetings)

3.31 pm

With permission, Mr. Speaker, I should like to make a statement about the meetings in Brussels of the Council of Agriculture Ministers on 28 June and the Council of Fisheries Ministers on 28 and 29 June.

My right hon. Friend the Minister of State and I represented the United Kingdom at the Agriculture Council.

Agreement was reached on devaluations in the green rates of Denmark, Ireland and Greece to reflect the effects of the recent monetary realignment in the EMS. The French Government had requested a selective devaluation of their green rate for pigmeat and sheepmeat and the Belgian Government wanted equivalent adjustments to those granted to the French. These arrangements for France and Belgium were not agreed.

The Council had further discussions on the new framework regulation on wine, and these will be resumed at the next Council.

Together with my right hon. Friends the Secretary of State for Scotland and the Minister of State in my Department, I represented the United Kingdom at the meeting of the Fisheries Council.

After a general discussion on the Commission's proposals on total allowable catches and quotas, there were a series of bilateral discussions between the Commission and individual member States on establishing priorities. In the course of the meeting it became apparent that the Danish Minister was not prepared at this meeting to negotiate towards a settlement of the common fisheries policy. However, at the end of the meeting the Commission tabled new proposals on the total allowable catches and quotas, and these will be considered at the next meeting of the Council in the second half of July. I shall consult the industry on these proposals.

This tiny mouse of a statement conceals a major surrender by the Government. The Government were preparing to surrender on quotas and limits, and their bacon was saved by the Danes. That was Danish bacon with a vengeance. Is it not the case that the quota agreement that the Minister was prepared to accept was half of that which would be determined by the amount of fish in our waters? Is it not a fact that in its manifesto for the last election campaign the Tory Party said that, unless the limits and the quotas were right, it was prepared to go it alone? Are the Government prepared to go it alone? If they do, they will have the support of the Opposition.

The Minister has been telling us that he has the support of the industry, but he should read the fishing industry newspapers more often. "No deal" say the fishermen's organisations in Britain. We have to stick by the decision, which was repeated in the House year after year, that there would be no surrender beyond the 12-mile exclusive limit and the 50-mile dominant preference.

All the indications are that the Minister is prepared to surrender on both those points. He is opening up the East Coast, for example, through the bilateral agreement with the French. If he is prepared to put forward proposals on 12-mile and 50-mile limits we shall support him.

Would it not have been more sensible, instead of entering into a squalid arrangement under derogation in 1972, if we had decided that we would do what other independent nations have been able to do and stand by a 200-mile limit?

I assure the hon. Gentleman that he will never have the pleasure of seeing me come to the Dispatch Box with an agreement that the industry does not support. Therefore, I am willing to be judged upon our ability to obtain an agreement that the industry wants and agrees with. I presume that the House will be only too eager to support an agreement that the industry requires.

I have complete and detailed agreement with the industry as to our objectives on quotas. I am glad to say that we have made some further progress towards achieving these. Therefore, the only agreement that I would recommend to the House is one that provides quotas satisfactory to the industry, a substantial improvement in the access arrangements that have operated in living memory, and a secure and expanding future for the industry.

Would the Minister agree, for example on the six-mile limit and on the six-mile dominant preference only? Would he agree on only 34 per cent. on quotas, reduced from the two-thirds that the Tory Party manifesto argued for? If not, he should stand by the pledge that he gave in 1979, that in the absence of such an agreement the Government would not hesitate to take the necessary measures on their own.

As far as I know, no political party, or the Labour Minister of Agriculture, Fisheries and Food in his wildest moments, ever suggested two-thirds quotas. The hon. Gentleman waves a document at me. If that is the manifesto, let him quote the promise about two-thirds of the quotas.

The manifesto says something that is even stronger:

"United Kingdom waters contained more fish than those of the rest of the Community countries put together".
Will the right hon. Gentleman stand by that?

The hon. Gentleman has been exposed once again in making a false allegation.

Does the Minister accept that, as he is in the process of negotiating a new common fisheries policy, any question of historic rights to breach the 12-mile limit ought to be disregarded? Does he accept that, if chaos exists because of his failure to secure a policy, it his duty to ensure that the United Kingdom fishing grounds are protected from ravishment by Common Market vessels?

My only objective in negotiating is to provide British fishermen, including Scottish fishermen, with a better future than they have had for many years, since we lost the Icelandic waters. If I cannot attain that objective, and the industry does not agree that I can attain it, I shall come to the Dispatch Box and say that there is no agreement.

All of us who think about these matters acknowledge what the Minister is doing—maintaining a firm stand in the interests of British fishermen. Will he bear in mind that the reaction of the Danes is a serious setback and that he may have to make unilateral plans to deal with this and to protect fishermen, particularly in the South-West of England?

This illustrates the failure of the Labour Government to obtain any agreement, and the failure so far of the present Government to obtain agreement. This creates a much worse problem for our fishermen than there would be if a sane and sensible agreement had been obtained. As to the immediate problems of the fishing industry, as my hon. Friend knows, the Government have so far provided twice as much aid to the industry as did the Labour Government.

Is it true that the Danish Government are asking for free fishing without quotas? How can that be a sensible policy? Since the Danish Presidency which begins next month will take us beyond the end of this year, will the Danes achieve their objective by refusing to come to an agreement in the next six months?

As the hon. Gentleman says, the main prize of a common fisheries policy is a quota system which is strictly enforced. There would be no point in a common fisheries policy without that ingredient. Denmark is alone in the view that for other than two species no quotas should be applied. I am sure that that would suit the type of fishing in which Denmark has been involved for some time, but it cannot form the basis of a fishing policy.

Why has the right hon. Gentleman done worse for England than the Secretary of State seems to have done for Scotland? What concessions between six miles and 12 miles has the right hon. Gentleman given to the French? How does he intend to prevent the concessions from escalating into a massive increase in take from those waters?

No concessions have been agreed with anybody. There has been no agreement whatsoever on access proposals. So far in the negotiations we have obtained substantial improvements on the question of historic rights for many parts of the coastline that compare with anything in living memory. We have achieved a substantial improvement for our coastal fishermen as a whole. I hope that there will be further improvements. Many of our fishermen wish to continue to enjoy historic rights in other nations' coastal waters and we have negotiated for that.

On the specific question of access to the six-mile to 12-mile band, and in particular in relation to the French, what safeguards has my right hon. Friend obtained and what additional safeguards does he hope to achieve in respect of controlling the catch that the French may take if they are allowed to continue to fish within that band?

The Commission has accepted that on 1 January, or when agreement is reached—whichever is the earlier—the first ever enforcement provisions will come into force. One fishing organisation—that mentioned by the hon. Member for Renfrewshire, West (Mr. Buchan)—queried control and said that there would not be adequate penalties. I was pleased to inform it that the penalties already approved by the House of a fine of £50,000 maximum for any one offence with the confiscation of equipment would apply.

Has not the right hon. Gentleman blackmailed those in the industry to agree to whatever proposals he can get so that they receive some subsidy from him to help them in the chaos that they are experiencing? What does the right hon. Gentleman intend to do for the deep water ports? Is he aware that the port of Hull, for example, had 103 vessels 10 years ago and now has only 21, half of which are not fishing? About 135,000 tonnes of fish were landed there 10 years ago and only just over 25,000 tonnes are landed today. Is the right hon. Gentleman aware that he has done nothing for them, that there is no third party agreement and no compensation and that thousands of fishermen are unemployed?

It is untrue that I have at any stage tried to bargain or, to use the hon. Gentleman's word, blackmail those in the industry to accept subsidies in exchange for an agreement. I ask the hon. Gentleman to withdraw his allegation because it is totally without foundation. He knows more than anybody that the decline in the long-distance fleet took place primarily during the Labour Government's period in office.

Now that negotiations have again broken down, will my right hon. Friend soon announce an aid programme for the industry, especially for the hard-pressed pelagic sector?

We are reviewing the figures on further aid submitted by the industry. The current position varies from one sector of the industry to another. Some sectors have had larger catches and better prices this year.

Does the Minister recognise that other countries have been subsidising their fleets to keep them at a certain level, whereas in the United Kingdom there has been a total collapse of ports such as Hull, which is facing a crisis and is in the hands of the banks? Does he recognise that the difference between his approach and that of the Danes is that he is prepared to accept the voice of the industry whereas in Denmark the parliamentary committee has to be satisfied before an agreement is accepted?

No one can accuse me of not coming to the House immediately following each meeting that I have had and submitting to the Scrutiny Committee every document involved. I shall not be accused of not doing that. The hon. Member must be pleased that the present Government have doubled the aid that the previous Government gave to the industry.

Does my right hon. Friend accept that the industry needs an agreement in the near future? Will he repeat the pledge that he gave to the House earlier, that if the Danes continue to veto an agreement the Government will not allow fishing up to our beaches by the end of this year?

Does the right hon. Gentleman accept that it is not satisfactory to argue that it is in our interests not to have an exclusive 12-mile limit so that we can fish within another State's 12-mile limit? Will he abandon the Government's decision not to press ahead with the policy adopted by successive Governments, including the last Labour Government, that there should be an exclusive 12-mile limit with the phasing out of all historic rights?

As the hon. Gentleman discovered when he was involved in these activities, the Labour Government got nowhere near to a negotiating position, or to an agreement satisfactory to our industry. Even now, with plenty of negotiations still to come, the access proposals for the British fishing industry are better now than at any time in living memory.

Have the new proposals from the Commission moved closer to or further from the Government's negotiating targets? If all that stands between the British fishing industry and a settlement is the Danish interest, will the Minister not hesitate to seek to persuade his colleagues to accept the precedent established at the agricultural price-fixing and proceed by majority voting?

I would not proceed on majority voting, believing as I do that it would be completely against Britain's interests. I would not argue for it when it suited me and argue against it when it did not.

I was asked whether the latest proposals were an improvement. The proposals were tabled last night and delivered after the Council meeting ended. I have not had time to discuss or study them in detail, but I understand from preliminary observations by officials that they show some further improvement in our quota arrangements.

Order. I propose to call the four hon. Members on the Government Benches and the five on the Opposition Benches who have tried to catch my eye—if they are brief.

My right hon. Friend has said that the industry's agreement is required before he can present a case to the House. Does he mean all major sections of the industry and not just a so-called majority consensus? Would it not help the House in considering the various proposals if he were prepared to say what legal powers Britain has to exclude French and other EEC vessels from fishing up to our beaches after 31 December if there is no revised common fisheries policy?

We have expressed our view and interpretation of the treaty and the statements in it. My hon. Friend has asked me what in my interpretation constitutes the fishing industry. So far, in every detail that I have negotiated, I have carried the whole fishing industry with me. In the detailed and prolonged talks that I had with those in the industry in the past two days they were still in agreement with every detail of my negotiating position.

Will the right hon. Gentleman confirm the widely published reports that he was prepared to accept a settlement that fell far short of the requirements of the House and the commitments of the Conservative Party manifesto and which has already been denounced by a large sector of the industry, specifically by the National Federation of Fishermen's Organisations, and that he was prevented from accepting that sell-out by the Danes doing what he should have been doing and asking for more?

Secondly, if the right hon. Gentleman wants the industry to give its unpressured and considered consent to the sell-out, why does he not announce the vital aid that it needs to keep going? If withholding that announcement is not blackmail, what is?

It is unacceptable for the hon. Gentleman to talk about withholding aid when this Government's record on aid to the industry is so much better than that of any previous Government. The NFFO has had two lots of talks with me in the past 12 days and at neither was it critical of the negotiating position that I was taking.

Will my right hon. Friend treat the Opposition's offer of support in this matter as the dangerous booby-trapped device that it is? Will he reflect on the implications of the remarks attributed to him in The Daily Telegraph today that the one country that did not respect quotas was popular with its fishermen? This country has a greater interest than any other in achieving an agreed policy.

Every fishing organisation and every fisherman I have spoken to recognises that to obtain a secure future we need proper quota and enforcement arrangements in Community waters.

Is there not a stark contrast between the way in which the Government moved swiftly to protect the interests of the Falkland Islanders by establishing a 200-mile exclusive zone there and the way in which they are refusing to protect the interests of my constituents and those of many other hon. Members?

I am sure that we would be willing to accept all the historic fishing rights of the Falklands to operate in our 12-mile limit.

Will my right hon. Friend clarify the situation? He has rightly asserted the importance of maintaining the agreement of the industry, and claims that he has that agreement, but the NFFO says that the proposals do not constitute the basis of an acceptable and honourable settlement. Which is correct?

The proposals that the federation was referring to were those of the Commission. I am in complete agreement with the industry about changes that we require on access, quotas and other details. The proposals that the NFFO was referring to were not proposals that I had made to the industry, but the current proposals of the Commission. My hon. Friend can check with the leaders of the NFFO. I have had discussion after discussion with them, and they do not disagree with my negotiating position.

In view of the many occasions on which the right hon. Gentleman has had to come to the House and apologise for the continual procrastination of the Common Market on fishing matters, will he take unilateral action—we have waited long enough for the Common Market—and give aid to save what is left of our industry?

In fairness to the hon. Gentleman, may I say that I remember that he made similar comments from his anti-Community posture every time that we had disputes over lamb. I hope that I shall have the same success on fishing that I had on lamb.

May I help my right hon. Friend? Is it not the case that the British fishing industry has declined recently compared with the industries of some of our European partners? Would not an objective test of my right hon. Friend's success be whether that trend is reversed, particularly as we apparently own more than half the fish.

If my hon. Friend studies the matter, he will see that the decline of the British industry has been closely connected with the loss of Icelandic waters. Some improvements have occurred in the British fishing industry in coastal waters.

I recognise the merits of the right hon. Gentleman's claim about consultation with the industry and taking it with him, but is he not being a little arrogant and over-optimistic in giving almost a right of veto to an industry which is divided in its interests and, like farmers, is notoriously reluctant to accept that any Government can give it what it wants?

I had only two choices—to work closely with the industry, or not to do so. I chose to work closely with the industry.

Will the right hon. Gentleman carry out a comparative study of the changes in conditions and quality of fish stock in Icelandic and British waters over the past 10 years? If he did so, would he expect to conclude that the protestations of my right hon. and hon. Friends from fishing ports are entirely justified?

On a wider note, will the right hon. Gentleman estimate whether the share of the Commission budget devoted to the structure and subsidy of agriculture will be greater next year than it was last year?

That question is not related to my statement. One of the rewards of getting a CFP is that there would then be European investment in the structure of the fishing industry.

Why is it that on today's statement and the statement of a week or two ago the Minister has been unwilling to give us information about exactly what the Commission proposes on exclusive limits and access? Will he tell us exactly what the Commission proposes and exactly what he was apparently willing to accept on exclusive limits and access? Is it not a fact that he has been frightened to tell the House those details because he knows that the House would recognise them for what they are—a sell-out?

The right hon. Gentleman should be aware that all the documents have been made available to the House. They were passed to the Scrutiny Committee, which called for a debate on them, and I am certain that we shall have a debate on them. I have not agreed to any proposals. The right hon. Gentleman has got it totally wrong. The House has the information, and I have not agreed to anything.

Questions To Ministers

On a point of order, Mr. Speaker. I wish to refer to a supplementary answer given to me yesterday by the Under-Secretary of State for the Armed Forces. I asked:

"Is the hon. Gentleman … aware that there are disturbing rumours that in future RAF Kemble is to be used as a maintenance depot for cruise weapons and/or the storage of chemical weapons? Will he categorically deny these rumours?"
In answer to that part of my question the hon. Gentleman said:
"In answer to the second part of the hon. Gentleman's supplementary question, as the hon. Gentleman knows, the United States Air Force is examining the available facilities and, unfortunately, has not yet been able to divulge anything to me about its intentions."—[Official Report, 29 June 1982; Vol. 26, c. 741.]
Later yesterday afternoon, in reply to a question from Harlech TV, the USAF public relations officer said that if the USAF used Kemble it would do so for general supplies:
"some of which might be used in the cruise system".
It is incredible that a Minister of the Crown, in answer to a properly tabled question, was unable or unwilling to give information which the USAF was good enough to give to the media later the same day. I believe that that was either an attempt to mislead the House or a gross contempt of the House, bearing in mind—

Order. I can already answer the hon. Gentleman. I have been patient in allowing him to make his point, but it is not a point of order for me. The answer that a Minister gives to a question is a matter for him. It is not my responsibility and it is not a point of order on which I can rule. I have been tolerant with the hon. Gentleman and have allowed him leeway to which he was not really entitled. If he has a valid point of order, I will listen to it.

Order. If the hon. Gentleman has a genuine point of order, I shall be glad to hear it. It is my business to rule on a genuine point of order.

When a Minister has clearly misled the House, Mr. Speaker I believe it is your practice to give him the opportunity to make a personal statement. I should like your advice about how, if the Minister refuses to make a personal statement, I can ask a question that is in order which will enable—

Order. I cannot say that the Minister has misled the House. It is the hon. Gentleman's opinion, but it might not be the Minister's. I am not involved in this.

Victims Of Violent Crimes

4 pm

I beg to move,

That leave be given to bring in a Bill to improve the help given to victims of violent crime.
All hon. Members, especially those representing urban areas, will be aware of the appalling growth of violent crime in our towns and cities. Rarely does a weekend go by in my constituency without disturbing news of someone being mugged or someone's home being broken into, lives shattered and people left helpless after gangs of marauding youngsters have ransacked homes for little or no financial gain. On Merseyside a home is broken into every 20 minutes. One crime is committed every four minutes. Yet for all the evidence of the scale of the problem, precious little has been done to improve the help that is given to the victim.

My Bill sets out to make a small contribution in three areas and to redress the imbalance between the rights of the offender and the rights of their victim.

First, the Bill would establish statutory victim support schemes in every local authority. It would be their job to complement the work already being done by voluntary organisations which, with the best will in the world, are unable to provide comprehensive cover for the entire country. On Merseyside, volunteers such as Mrs. Joan Jonker of the local Victims of Violence organisation, do an excellent job, but they are the first to point out the inadequacy of simply relying on volunteers.

Under the terms of the Bill, once the police have been notified of an offence, they would immediately get in touch with the victim support unit, which in turn would arrange a visit to the victim. No one should underestimate the value of help, comfort, advice and administrative assistance at a moment of great personal desolation. Yet, at present, apart from the police taking details of the crime, a victim is often left in isolation and fear, haunted by the prospect of their assailant returning. A much more practical and sensitive response is required.

The support unit would assess the needs of the victim and then co-ordinate the response—help perhaps from the DHSS in replacing stolen electricity or gas money or the rent money; perhaps a visit from the doctor if that is needed or a visit from meals on wheels or the home help service, provided through the social services department. The installation of a security system might be needed—something as simple as a lock on the door or a burglar alarm—or help in obtaining sheltered accommodation through the local housing department.

That type of immediate aid, comfort, support and help requires more than voluntary efforts could possibly provide, operating as they do without any major financial backing. The pitiful Government subsidy last year to the National Association of Victim Support Schemes was the princely sum of £23,000, which was divided between the national headquarters and 60 local schemes—about £380 per scheme. There is the strongest possible case to improve that provision. I have tried to impress that view on the Home Secretary and the Ministers at the Department of Health and Social Security when I and other hon. Members, including the hon. Member for Liverpool, West Derby (Mr. Ogden), have been to see those Ministers about the matter.

It is worth mentioning that the last available figures in the House of Commons Library showed that in 1981 349,000 homes were broken into and approximately 15,000 muggings took place. It was further estimated by Roger Berthoud, writing in The Times, that for every pound that is spent on offenders about 1p is spent on victims—a ratio of 100:1. That is a grotesque position. A great deal of sentiment is expressed about victims, but there is no point in being long on sentiment while short on cash. Parliament must make better provision to aid voluntary groups when they exist, and to make statutory provision where they do not.

By way of example of what can be done I should like to pay tribute to Liverpool city council which, following representations from me, has initiated a pilot scheme to provide intruder alarms in the homes of 300 elderly people. However, that is insufficient and the scheme needs to be extended, particularly to all partnership areas. The Secretary of State for the Environment should sponsor more such initiatives through the urban aid programme.

How we treat the vulnerable and the weakest members of our community is a touchstone of a civilised society. If more work was done to prevent crime—for example, by preventing easy access into elderly people's homes—much unnecessary cost in financial as well as human terms might be avoided.

I move now to the second area covered by my Bill. There needs to be a reform of the present terms of reference, scope and practice of the Criminal Injuries Compensation Board and the criminal injuries compensation scheme. The reforms would include the disclosure of all relevant information by the CICB to victims and their legal advisers that would be helpful or necessary to the victim's application for compensation. There should also be a right of appeal from decisions of the Criminal Injuries Compensation Board, and local boards should be established for the sake of accessibility and to improve the promptness of investigation and decision. It cannot, be right that two Merseyside mothers whom I met recently had to wait 18 months for their claim to be settled, following the tragic murder of their two sons. It is also well worth remembering that they told the hon. Member for West Derby and me that they had never had, in the time since the tragic events occurred, a visit from a local authority welfare worker or social worker. One of the families was forced to go to a finance company to get a loan to pay for the funeral of the son. That local authority, which was not the Liverpool city council but another Merseyside council, has a duty to implement the type of statutory scheme that I outlined earlier. Along with the reforms that I advocate in the criminal injuries procedure, that would mean that a more compassionate response would be forthcoming.

The Government should also examine the ludicrous situation whereby a victim is unable to claim legal aid when pleading his case before the Criminal Injuries Compensation Board. There is more than a touch of Gilbertian irony in the present administration of the legal aid system, whereby the offender but not the victim can usually easily claim legal aid. Similarly, the victim should have complete access to information about the injuries he sustained and the circumstances in which the offence was committed. A duty should be placed upon the courts to determine and place on record the victim's injuries.

My third point deals with the relationship of the victim to the legal process. My Bill would enable the victim to appeal against a sentence imposed on an offender which in the view of the victim or his relatives bears no relation to the scale of the injuries sustained. Just as the offender is able to appeal against a sentence because he feels it is too harsh, so the victim should be able to appeal when he believes the sentence is unrealistic. This safeguard would in itself lead to a more rational system of sentencing. Along with many other hon. Members, I greatly regret that our prisons are full to overflowing with vagrants, alcoholics, fine defaulters and prostitutes. They are people who should be receiving help and support from society—not prison sentences. In the case of those who have inflicted suffering and injury on the weak, the elderly and the most vulnerable, society must act to protect them from the perpetrators of such callous, violent crimes.

At present, it would appear that there is no such person in law as the victim of a crime. A victim, in the eyes of the law, appears to be a person who may or may not be called upon to give evidence tending to convict or acquit the person alleged to have committed an offence. If the person is acquitted, the courts appear to have little further interest in the matter, even if the victim has been gravely injured. On the other hand, if the accused person is convicted, the courts may or may not make a compensation order on behalf of the victim. That cannot be done unless an application has been previously lodged. That really is too cavalier a way to treat those who have been on the receiving end of all that has occurred. My Bill sets out to redress the imbalance between the victim and the offender.

In England and Wales there are nearly two and a half times as many cases of wounding every year as there were 10 years ago. Robberies involving violence have doubled in the same period. In London, where nearly one-quarter of all English crimes take place, wounding has increased by 50 per cent. between 1975 and today. Such offences are not confined to London. In Nelson, Lancashire, an 81-year-old woman was killed for the £5 that she had in her home. In Manchester a church service has been switched from the evening to the afternoon because of attacks on members of the congregation.

I end where I began, in Liverpool, with the stories of two constituents. One lady aged 80 years was attacked in her flat and raped. Her screams for help were ignored. The rape took place at 5 o'clock in the morning. By the time a neighbour realised that she was screaming the assailant had escaped. The 80-year-old lady was left physically injured and severely shocked.

The other case concerns a council tenant living on the Chatsworth Street estate in the Edge Hill constituency. He is a man without legs and, therefore, confined to a wheelchair. He said of the break-in of his home:
"Someone came in the bedroom window and hit me with a cobblestone. He hit me five times. He took 40 cigarettes and the gold watch that was given to me when my legs were taken off."
These are only two of many cases but the plight of the victims demonstrates more vividly than any speech why the House should pass the Bill and do more to help those who are victims of our violent and sometimes sick society.

Question put and agreed to.

Bill ordered to be brought in by Mr. David Alton, Mr. Alfred Dubs, Mr. William Pitt, Mr. Eric Ogden, Mr. David Penhaligon, Mr. Cyril Smith and Mr. James Wellbeloved.

Victims Of Violent Crimes

Mr. David Alton accordingly presented a Bill to improve the help given to victims of violent crime: And the same was read the First time; and ordered to be read a Second time upon Friday 30 July and to be printed. [Bill 153.]

Local Government Finance (No 2) Money (No 2)

Queen's recommendation having been signified

4.12 pm

I beg to move,

That, for the purposes of any Act of the present Session to abolish supplementary rates and supplementary precepts; to require rates and precepts to be made or issued for complete financial years; to provide for the making of substituted rates and the issue of substituted precepts; to regulate proceedings for challenging the validity of rates and precepts; to make further provision with respect to the borrowing powers of local authorities and with respect to relief from rates in enterprise zones; to amend the provision relating to block grant and to make new provisions for auditing the accounts of local authorities and other public bodies, it is expedient to authorise any increase attributable to that Act in the sums payable out of moneys provided by Parliament in respect of grants to rating authorities under paragraph 29 of Schedule 32 to the Local Government, Planning and Land Act 1980.

The resolution has been tabled to cover one small amendment which was agreed to in another place to meet representations from local authorities and industry. It is a small, technical point on rate relief for enterprise zones. There was no power to give rate relief for properties straddling an enterprise zone boundary. The resolution provides power for relief to be given for part of a property as well as for a whole property. Hon. Members will find that under the rules of the House the whole resolution has to be tabled. The only difference will be that further provision will be made for relief from rates in enterprise zones.

4.13 pm

The Minister has a unique facility for claiming that something of considerable importance on which the Government have made serious mistakes is a minor technical matter. As the Government have had to introduce a second money resolution, we expected the Secretary of State to be present. As we shall be discussing the most contentious of the Lords amendments next Wednesday, we shall expect the presence of the Secretary of State. Apart from moving the Bill's Second Reading, he has not participated in the Bill at any stage. I regard that as a serious discourtesy to the House. The right hon. Gentleman introduced a highly controversial Bill. He read the speech that was provided for him by the Department on Second Reading and then disappeared, as usual, leaving the Minister with the shovel to follow the Lord Mayor's procession.

This is not a correction of a minor technicality because it is yet another example—it may not be the last—of the complete disarray of legislation that has been introduced by the Department of the Environment. There are still anomalies in the Housing Act 1980 which to this day have not been put right by the Government. In many respects the Wildlife and Countryside Act 1981 is not worth the paper on which it is printed. The Local Government Finance (No. 2) Bill, with which we shall be proceeding after the money resolution has been passed, has been rewritten so often that its own mother would not recognise it.

Next week when we debate the remaining Lords amendments we shall come to the fourth version of clause 4, which has been doubled to be clause 8. It is worse than the version that left this place a few weeks ago. In addition to all the other errors, omissions and inadequacies of this singularly ill-fated proposed legislation, the Government have found that they must make a new long title. The Minister did not say that an amendment to the long title is necessary to accommodate the amendment and the second money resolution.

The amendments to which we shall turn are not really amendments to the Bill. They are amendments to the Local Government, Planning and Land Act 1980, a measure with its own disreputable and scarred history. It was introduced in the House of Lords. It was withdrawn and reintroduced in this place in a different and partly emasculated form. In Committee large parts of it were junked like so much debris. Two years after the enactment of the Bill the Government return with some parts that they omitted by mistake.

In moving the resolution the Minister said, as though it were nothing to do with him or the Government—he seemed to suggest that it was an act of God—that there is no power in the Local Government, Planning and Land Act to give rate relief to concerns that straddle enterprise zones and non-enterprise zones. There is no power because the Government forgot to provide that power when they were drafting the Bill. That shambles of a Bill did not include that power because the Government had not thought of it. The Government made up that Bill, as they did the Local Government Finance (No. 2) Bill, as they went along. What is more, they discovered their error late in the day.

The House spent six months on the Local Government Finance (No. 1) and (No. 2) Bills. The original measure was introduced in November. It was withdrawn and reintroduced in December. It spent a properly long time in Committee and it was considered on Report. During that period the Government failed to discover that there was no power to give rate relief for concerns straddling enterprise zones and non-enterprise zones. If the Government had taken slightly longer to discover the omission, they would not have been able to amend the Bill.

The Bill left this place without amendments of the sort that the Government now wish to make, and if it had returned from another place unamended it would not have been possible to amend it here. In that event, the Government would have had to introduce separate legislation. The Government would have had to have a Local Government (No. 3), (No. 11) or even (No. 19) Bill. We lose track of the numbers of the Bills. The only reason they have been able to rectify the mistake is that there are no rules of order in the House of Lords and that it is open to the Government to move amendments in the House of Lords outside the scope of the money resolution. But for that they would not have been able to deal with the matter.

When the money resolution is carried, we shall debate the substance of the amendments. Some of my hon. Friends will make necessary points about them. Let us be absolutely clear, so that we can see the mess that the Government have got themselves into and the way in which they have abused the House of Commons, that those amendments would not be debatable without the resolution.

The House will recall what happened when, under the Labour Government, the Shipbuilding (Redundancy Payments) Bill went through Parliament. The House of Lords, against the wishes of that Government, inserted into the Bill certain amendments that were outside the scope of the Commons money resolution. When the Bill was brought back to the Floor of the House Mr. Speaker, before the Commons could discuss the amendments in any way, said that the amendments were an abuse of privilege and directed the House without debate to reject those Lords Amendments.

Without the money resolution, you, Mr. Deputy Speaker would have been obliged to follow that precedent and direct the House of Commons to reject without debate these Government amendments. That is a token of the complete shambles into which the Government have got themselves on those matters. That is the knife edge on which the Government have been working. They deserve the utmost censure for their incompetence. We shall want the Secretary of State to be here next week so that he can face the Opposition instead of always leaving the dirty work to another Minister.

4.22 pm

I support the remarks of my right hon. Friend the Member for Manchester, Ardwick (Mr. Kaufman). The Minister did not tell the Committee that it was his intention to remedy the omission that had been made. By using the procedure of laying a money resolution that puts in order amendments coming from another place that would otherwise have been out of order is contempt of the House and should be condemned by right hon. and hon. Members.

In the House we have few enough rights when we try to examine and control the Executive. The Government's move in this tawdry money resolution invites the condemnation of both sides of the House. It shows their contempt for the House when they are trying to sort out the daft concept of enterprise zones.

I hope to catch your eye, Mr. Deputy Speaker, when we debate amendments Nos. 6 and 31. It is a point of principle that no Government, if they have the interests of the House at heart, should resort to such subterfuge to clear up what was obviously a mistake.

Had the Minister made it clear to the Committee that the Government had made yet another mistake in the Bill, which is full of mistakes, I have no doubt that we would have understood their point, but to act in this way is contempt of the House and should be condemned as such.