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Commons Chamber

Volume 29: debated on Thursday 21 October 1982

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House Of Commons

Thursday 21 October 1982

The House met at half-past Two o'clock

Prayers

[MR. SPEAKER in the Chair]

Private Business

LONDON TRANSPORT (GENERAL POWERS) BILL

Lords amendments agreed to.

BRITISH RAILWAYS BILL (By Order)

Order for consideration of Lords amendments read.
To be considered upon Monday 25 October.

BRITISH RAILWAYS (LIVERPOOL STREET STATION) BILL
(By Order)

Order for Third Reading read.

To be read the Third time upon Tuesday 26 October.

PRIVATE BILLS [LORDS] (SUSPENSION):

That so much of the Lords Message [18th October] as relates to the Hampshire Bill [Lords] and the Nottinghamshire County Council Bill [Lords] be now considered.

That this House doth concur with the Lords in their Resolution.

Order for consideration of the Lords Message [18 October] read.

To be considered upon Wednesday 27 October at Seven o' clock.

Oral Answers To Questions

Agriculture, Fisheries And Food

Common Fisheries Policy

1.

asked the Minister of Agriculture, Fisheries and Food if he will make a further statement about the common fisheries policy.

3.

asked the Minister of Agriculture, Fisheries and Food what progress has been made in securing a revised common fisheries policy.

10.

asked the Minister of Agriculture, Fisheries and Food if he will make a statement concerning the latest state of negotiations on a common fisheries policy of the European Economic Community.

20.

asked the Minister of Agriculture, Fisheries and Food if he will make a statement about the development of a common fisheries policy.

The Minister of State, Ministry of Agriculture, Fisheries and Food
(Mr. Alick Buchanan-Smith)

Since my right hon. Friend last reported to the House in July, the Council of Fisheries Ministers met in Luxembourg on 4 October. No real progress was made because Denmark alone was not prepared to negotiate. The next Council meeting is planned for 25 October.

Is my right hon. Friend aware of the grave concern that is felt by the fishing industry about the failure to reach a solution to the problem? Will he give the House a guarantee that if by 31 December no solution is reached, foreign fishermen will not be allowed to fish up to our shores?

I appreciate my hon. Friend's good wishes. The one country that was holding out at the last Council meeting was not France, but Denmark. I wholly understand what my hon. Friend has said. The uncertainty in the fishing industry, not only in the United Kingdom, but in other countries, is extremely great. Therefore, there is a real incentive for all countries to find a solution. I assure my hon. Friend that no British Government—certainly not this Government—would tolerate fishing up to our beaches.

To remove any possible doubt and uncertainty, will my right hon. Friend assist the House by publishing in the Official Report the legal powers that would be used to exclude foreign vessels after 31 December in the event of failure to agree? Secondly, will he give us an assurance that, in the agreed position of the nine members, there is provision for the phasing out of historic rights?

With regard to my hon. Friend's first question, if he had experience of negotiations, he would not give away his negotiating position before he entered the negotiations. That applies to us in this matter.

Even if the Minister triumphs on the Copenhagen front and the Danes withdraw from their present position, does he agree that the EEC provisions are for historic rights to be exercised up to our beaches, but that those historic rights, with modern equipment, will put our fishermen's livelihoods at stake and so are unacceptable, irrespective of any Danish objections?

I am afraid that the hon. Gentleman is wrong. I emphasise that, in the proposals put forward by the Commission, there is no provision for any foreign rights within six miles. With regard to the six to 12 miles belt, the Commission has put forward a number of proposals that are based generally on the historic rights of other countries. That is the basis on which we shall negotiate next week.

Does the Minister realise that the continuing uncertainty places even greater financial pressure on the fishing industry? What recognition will he give in aid to the industry during this period?

I am conscious of that fact. However, that is a separate issue from the vital and long term issue of settlement of the common fisheries policy. I remind the hon. Gentleman that in the past two years we have shown our recognition of the problems of the industry in the present uncertainty by giving it £42 million in aid.

Is my right hon. Friend aware that many people will greatly welcome his assurance that the Government will not tolerate a scenario that would permit fishing up to our beaches? Will he treat with considerable scepticism some of the proposals for local fisheries plans formulated by bodies not expert in the fishing industry?

I made plain the Government's position about fishing up to our beaches. A similar view is shared by other EEC Governments. There is provision for a fishery plan off the north-west coast of Scotland in the Commission's proposals which we shall be considering in the context of the negotiations.

Is the Minister aware of the widespread suspicion among fishermen that the Government have delayed announcing the financial assistance until the result of the policy negotiations is known, so that it might be a sweetener at that time? The protracted negotiations and the uncertainty have not helped the financial state of the fishing industry. Will the right hon. Gentleman make an early announcement of the financial aid that the industry desperately needs?

We made the position plain to the industry, although it may not be plain to the right hon. Gentleman. There is no connection between aid and the settlement of the policy, as I said in answer to the previous question.

With the negotiating pressure on the Minister by the threat of fishing up to our beaches, why does he not announce his contingency plans to stop it by the end of the year, draft in trawlers to protect our fishing grounds and make it clear that the partial settlements which have been so unsatisfactory to the British industry will not be the basis of the measures that he will enforce unilaterally from 31 December?

I have not made such an announcement, because it would be foolish to give away our negotiating position. The hon. Gentleman shows his lack of appreciation of the situation. It was the Labour Government, in the Hague agreement, who caused the doubts about the powers that we have in national measures.

Has the Minister not already virtually sold out to the Common Market? Is he not telling us that he has retreated from the 12-mile exclusive and the 50-mile preference limits to a 6-mile exclusive and a 12-mile preference? It would strengthen, not weaken, our hand if he told us his contingency plans to save the industry if no agreement is reached. Will he follow the example of Lord Boothby, who stated that if we cannot get our terms we should come out?

In the same recent announcement the noble Lord supported the Government's efforts to reach a settlement. I hope that the hon. Gentleman will support him.

I thought that the hon. Gentleman was more knowledgeable than he appears to be. We also have historic rights in other waters. Some third country waters have had to be negotiated through the Community, and that has enabled our fishermen to continue fishing elsewhere. We also have historic rights within the Community on a reciprocal basis. It is unrealistic to believe that we can enter the negotiations without taking account of such rights.

Glasshouse Industry (Energy Costs)

2.

asked the Minister of Agriculture, Fisheries and Food what progress has been achieved to date on the equalisation of energy costs incurred by glasshouse growers in EEC countries.

Under the agreement between the European Commission and the Dutch Government, the preferential gas tariff to Dutch glasshouse growers is to be phased out on 31 March 1983. I am extending the aid to United Kingdom growers using oil at the maximum rates permitted under new guidelines recently issued by the Commission. This additional aid will be worth up to £1 million to the industry.

I welcome the extension of the aid and recognise the Minister's stand. However, does he recognise the catastrophic position of many of our glasshouse growers because of the cumulative effect over many years of the Dutch advantage in fuel costs? Is it possible to make aid available to make up for the years when the disadvantage was greatest? Is the right hon. Gentleman prepared to implement the Select Committee's recommendations for the industry, as, without them, there will be many bankruptcies in the years ahead?

The Government, in the absence of an agreement with the Dutch, negotiated that aid should be provided by national Governments. Britain, and perhaps one other country, has for a considerable time given the maximum aid allowable. I am continuing that right up to the moment when the Dutch gas subsidy is phased out.

In view of the long start that the Dutch had and the fact that the capital base of our industry has been eroded by what the Commission has proclaimed to be the Dutch Government's unlawful actions, could we not continue the aid until next autumn so that the creditworthiness of at least part of the industry can be restored after a situation that is not of this Government's making? Can we not at least do what is within our power to assuage the ill-effects of the Dutch cheating?

No, Sir. Under pressure from the United Kingdom Government, the Commission negotiated to phase out the advantage that the Dutch had by a certain date and agreed that until that date aid should be provided. We are almost alone of all European countries in giving the maximum aid to our growers during the entire period.

Butter And Cheese

4.

asked the Minister of Agriculture, Fisheries and Food to what extent the United Kingdom is self-sufficient in butter and cheese.

Production of butter and cheese represented 57 per cent. and 70 per cent., respectively, of total new supplies in 1980, which is the most recent year for which complete information is available.

Do not the figures show considerable scope for further expansion by the United Kingdom dairy industry? What steps is my right hon. Friend taking to encourage that expansion?

The United Kingdom dairy industry has already responded to the stimulus that the Government have given. We have seen an increase in production both this year and over recent years. Its marketing in the United Kingdom and abroad shows it to be an extremely lively and effective industry.

Is the Minister aware that many of us are worried about recent press reports that the French Government are to block the importation of New Zealand butter if sales of cheap butter to Russia do not go ahead? Will that not have a catastrophic effect on the New Zealand economy, renege on assurances given during the passage of the European Communities Bill and—most important to me, as I have an Anchor butter packing station in my constituency—mean a loss of jobs in Swindon and the surrounding area?

I wholly share that anxiety, but I hope that the hon. Gentleman will express his appreciation of our achievement this week in Luxembourg of 87,000 tonnes of butter for 1983. That was agreed at the request of the New Zealand Government, who have publicly stated that they welcome the Council's decision.

Would we have the power to veto future arrangements that might reduce the importation of New Zealand butter?

The original protocol and special conditions agreed for New Zealand imports were on a degressive basis, which the New Zealand Government have accepted. I agree that, for a host of reasons, New Zealand butter is of particular importance. We shall continue to work in close co-operation with the New Zealand Government over what happens after 1983.

May we have a categoric assurance that the agreement for importing New Zealand butter is not contingent on the French demands to sell off rock bottom surplus butter to the Soviet Union? New Zealand is, after all, an old trading friend and Commonwealth ally.

I give the hon. Gentleman that assurance. I managed to resist the attempt this week by the French Minister at the Council of Ministers to make the agreement conditional on the sale of butter to the Soviet Union. Agreement has been reached in principle. Various procedures have been followed through. The agreement should go through simply as a "procedure" point at a future Council of Ministers.

Marginal Land Areas

5.

asked the Minister of Agriculture, Fisheries and Food what is the current position for additional financial assistance to marginal land areas.

Discussions on the case for extending the United Kindom's less favoured areas have commenced with the European Commission, and the Government's present priority is to secure designation of the new areas.

I appreciate the progress that has been made on the recognition of marginal land in this country, but when does my right hon. Friend hope that the negotiations will be completed in Brussels? In the event of the submission being successful, when will tangible financial assistance be made available to our marginal farmers?

My hon. Friend will understand that we must make our decisions when we know the exact designation of the volume of land involved. We shall put on every possible pressure in Brussels to come to as speedy a decision as possible.

is the proposed delimitation of marginal land in the United Kingdom, which has been published in the form of maps, final, or is it subject, to negotiation and modification?

It is subject to modification and negotiation if the Commission considers that there is some justification in doing so. We believe that there is every possible argument for the maps that we have submitted. On all the assumptions and past criteria, we believe that those maps will be accepted, but obviously I cannot guarantee that the Commission will not query any of those maps.

Is the right hon. Gentleman aware that Welsh farmers, for whom this is an important matter, feel that progress has been extremely slow? Will he give an assurance that any settlement on marginal land will not result in any erosion of benefits for hill land?

I hope that the hon. Gentleman will explain to Welsh farmers that the Government were unwilling to accept the procedures that were being adopted when we came to office, and we went to the Commission and asked for totally different procedures. Had we adopted the previous procedures, it would have taken another two to three years before we could have sent the maps. Therefore, we have done everything possible to speed up the process. I can only guarantee that we shall review the hill subsidies in terms of the problems of the hills themselves.

Will my right hon. Friend bear in mind that, if this matter proceeds quickly, it will be the next major step forward in British agriculture and will be of particular importance to the South-West of England? Will he also bear in mind that, given the present tremendous loss of agricultural land, if we could re-use some of our marginal land for food production it would help not only British agriculture but the consumer?

The importance of that is recognised in a number of areas. It is of considerable importance to Northern Ireland, Wales, the South-West and various other areas of the United Kingdom. That is why the Government have done everything possible, first, to prepare our proposals more speedily and, secondly, to negotiate them more speedily within the Commission.

Will the right hon. Gentleman study the findings of the Arkleton Trust, which have demonstrated that, in the less favoured areas, British farmers have done far less well under the Community arrangements than have other Community farmers? Will he therefore make more financial resources available to compensate for that?

That is undoubtedly why the Government have done superbly well in massively increasing the hill farm subsidy.

Sheep

6.

asked the Minister of Agriculture, Fisheries and Food how many sheep have been killed as a result of sheep worrying during the last 12 months.

The Parliamentary Secretary to the Ministry of Agriculture, Fisheries and Food
(Mrs. Peggy Fenner)

There are no figures for the last 12 months.

Does the Minister agree that one of the most sickening sights in the countryside is that of sheep that have been killed or savaged by packs of dogs? Why has the Government's only contribution to the problem been to stop collecting statistics rather than solving the chaos with the licence fee? Why do they not embark on a campaign to make all dog owners responsible for what happens in an effort to ensure that this practice ceases?

I agree with the hon. Gentleman's first concern about the damage that can be done. He has no doubt seen the graphic poster that we have produced as part of our publicity. The hon. Gentleman will know that we stopped collecting statistics because they were unreliable. Many incidents were not reported. We believe that education and publicity offer the most realistic solution to the problem, and our considerable efforts in that direction will continue.

In considering any legislative measure for the control of dogs, will the Government bear in mind the importance of all parts of the United Kingdom moving together in this regard, as there is obviously an important fiscal aspect in which there should be no differentiation between one part of the country and another?

I note the right hon. Gentleman's concern, but there might well be different physical attributes.

Is my hon. Friend aware that recently in my constituency there was a grisly incident of sheep being murdered by dogs? In addition to the ghastly experience of the farmer having to clear up the aftermath, no compensation was available to him despite the fact that the dogs' owner was convicted of failing to look after them properly. Will my hon. Friend consider creating conditions under which a dog licence must be accompanied, either under the householder's comprehensive insurance or other insurance, by insurance against third party risks?

The Government have at present no plans to increase the dog licence fee. Compulsory third party insurance is a matter for the Lord Chancellor.

Is the Minister aware that this is a special problem in the Lakelands and that the National Farmers Union, both in the Lakelands and nationally, has asked the Government to increase the penalties? Will she make a statement on those increases?

The hon. Gentleman will be aware that the question of penalties is for the Home Office.

Common Fisheries Policy

7.

asked the Minister of Agriculture, Fisheries and Food whether he will now bring forward a contingency plan for the development of the British fishing industry in the event of failure to agree on a common fisheries policy.

Not at this stage. Negotiations on a revised common fisheries policy are still continuing.

As there are only two months to run of the 10-year derogation negotiated by the right hon. and learned Member for Hexham (Mr. Rippon), is it not high time that the Government faced the fact that the industry now needs action, not words? Is it not clear that any settlement cobbled up before the end of the year will involve a sell-out of a fundamental British national interest? In the circumstances, will the Minister serve notice on other EEC Governments that the British Government intend to introduce a national plan to protect our waters from foreign vessels and to develop an onshore industry which will provide thousands of jobs in areas of greatest need?

Had the hon. Gentleman listened to my reply to question No. 1, he would have realised that Nine of the Ten are prepared to negotiate on a realistic basis. If he wishes to do a service to the industry, he will realise that we should not reveal our negotiating position in advance.

I congratulate my right hon. Friend on his statement regarding the three-mile limit up to the beaches. Like other hon. Members, he knows perfectly well that there was no fishing up to the beaches in 1973 prior to our entry into the Market. If, during the time that he is preparing his contingency plans, there is no common fisheries policy by 31 December, will he consider the restructuring of the fleet, as that will be necessary if we have to go it alone? I also hope that—

I assure my hon. Friend that in any contingency plan we shall make sure that the interests of the British fishing industry are looked after, and we shall also consult the industry closely.

What will be the legal position after 31 December? When will the right hon. Gentleman announce the Government's aid to the fishing industry? We were expecting it in July, but, according to a reply this week, the Minister said that he hoped to make the announcement shortly. How short is "shortly", because originally it meant last July?

I said "soon", and I stand by that. As the hon. Gentleman knows, under the articles of the Treaty of Accession, the Commission and Council have to come forward with proposals on access by 1 January 1983. There is, therefore, a responsibility on both the Commission and Council to reach a decision, and that is recognised in the Treaty of Accession.

If they fail to do that, when will the Minister present to the House and the industry the necessary contingency plans? Is he aware that their legislative enactment, if required, will have the support of both sides of the House? The industry and the public at large need reassurance now, not soon.

If special contingency measures are necessary, I assure the hon. Gentleman and the House that we shall bring them forward at the most appropriate time for the best interests of the British fishing industry.

Straw Burning

8.

asked the Minister of Agriculture, Fisheries and Food how many tonnes of straw were burnt during the 1982 harvest in England and Wales; and how many acres were involved.

This information will not be available until January 1983, when I will be happy to send it to the hon. Member.

I shall look forward to receiving that information. Does the Minister accept that all concerned agree that the burning of straw is a deplorably messy, dangerous and wasteful means of disposing of a potentially useful agricultural by-product? What have the Government done to assist the industries concerned to find a constructive use for the by-product?

For several years my chief scientist's group and ADAS have played a major role in the Oxford straw utilisation conference, attended by farmers, scientists and potential users. My right hon. Friend will be addressing the next conference in November. Research into disposal and utilisation has continued in collaboration with the Paper Industry Research Association, commercial interests and the joint consultative organisation for research and development in agriculture and food.

From the information that may have been available to my hon. Friend's Department, can she say whether the number of complaints about straw burning this year has declined compared with last year?

With the damp weather in 1982, fewer incidents of damage or nuisance were reported than in 1981. A few farmers still disregard the code, but most are well aware of the need to observe it. I wish to take this opportunity to congratulate them on their responsible behaviour.

Poultry

9.

asked the Minister of Agriculture, Fisheries and Food what progress is being made in maintaining health standards of the United Kingdom poultry flock.

The health status of the national flock remains at a very high level. In particular, the freedom from Newcastle disease, which the measures introduced about a year ago were designed to protect, has been maintained. Following the recent judgment of the European Court on the import rules, introduced at the same time, revised measures have now been notified to the Commission and the other member States. Those measures, which will be implemented shortly, will ensure that our health standards are maintained.

In view of the immense importance of sustaining the health of the United Kingdom poultry flock, can my hon. Friend give an assurance that nothing will enter Britain from abroad until the rules are fully defined and all are aware of what is required of them? How can we be sure that there will be proper enforcement of the rules, bearing in mind that the work on the enforcement—for example, the certification—will probably be carried out abroad? What time scale does she envisage in bringing all that into effect?

The revised import rules are extremely detailed. In broad terms they are designed to safeguard the stock, but would permit imports subject to certification. The press notice issued by my right hon. Friend shows that details of such certification are being sent to each of the member States, which will be asked to let us have specimens of their export documents. My hon. Friend asked how we could be sure that the rules would be properly enforced. We shall make the necessary administrative arrangements to implement the new measures and ensure that the rules are properly enforced. The time scale will be as soon as the countries have provided us with the certification requirements.

Goose Farming Industry

11.

asked the Minister of Agriculture, Fisheries and Food if he will make a statement on the state of the goose farming industry.

United Kingdom goosemeat production is expected to be about 860 tonnes in 1982. This represents a 15 per cent. increase over the levels in recent years.

In that case, what is the thinking behind the Minister's decision to despatch a goose ecologist to the Falkland Islands?

I am sure that he will boost the current good trend in goose production, for which the United Kingdom is responsible.

As it is possible to fatten geese on grass alone, would it lot be possible to persuade various nationalised industries and statutory organisations such as the roads, railways and so on, to make use of the grassland along their verges to fatten geese?

I understand that geese are also very good watchdogs. I do not have responsibility for nationalised industries, but I shall draw my hon. Friend's interesting suggestion to the attention of my right hon. and hon. Friends who have responsibility for such matters.

Horticulture Industry

12.

asked the Minister of Agriculture, Fisheries and Food what recent representations he has received from horticulturalists about the state of the horticulture industry.

I am in constant touch with the representatives of the horticulture industry.

Is my right hon. Friend aware that the news about the extension of adaptation aid will be especially welcome to that very hard-pressed industry? Will he maintain the vigilance that he has shown to ensure that fair and proper competition is maintained throughout the EEC?

Our horticulture industry makes an important contribution to the economy of Britain. The research programmes and the ADAS advice service and the capital grant programmes have all been retained and, in some cases, improved. We shall continue with that.

Is the right hon. Gentleman aware of the number of reports that are still coming in about lorries laden with produce coming to some of our east coast ports and selling produce on the roads, thereby evading VAT and health regulations? What is being done to stop that undesirable practice?

We shall quickly follow up any information about such practices. One encouraging aspect of horticulture is that on a legal basis some of our exports are improving.

Can my right hon. Friend go further in his remarks about horticultural exports and give some indication of the recognition that he might give to those striving hard in that difficult area, especially bearing in mind the knock-on effect of an enlarged EEC? What steps does he mean to take to help the exporter?

We shall do everything possible to encourage those trends. From a recent visit to retailers in Belgium and Holland, I realised that there was considerable scope for improving our exports to those countries.

What principles will inform the Government's attitude to the difficulties that will be faced by the horticulture industry because of the enlargement of the Community to include the Iberian countries?

We shall study the impact of that in the negotiations. It will be varied. In terms of the enlargement, there is considerable opportunity for improving exports of some of the Northern hemisphere products which are not produced in the prospective new EEC countries.

Does the Minister accept that the level of bankruptcies and pending bankruptcies in the horticulture industry are disturbing? Is he aware that unless something akin to longer-term security in respect of the energy element is forthcoming from the Government, the basis of our horticulture industry could be destroyed during the next few years?

I consider the horticulture industry to be sufficiently sophisticated to notice the difference in the way in which we tackled the Dutch subsidy problem as opposed to the method adopted by our predecessors.

"Coal And The Environment"

13.

asked the Minister of Agriculture, Fisheries and Food what is his policy towards the recommendations in the Flowers report "Coal and the Environment" which affect his responsibilities.

Our general policy is to try to ensure that agricultural land losses are kept to a minimum and that the interests of agriculture and the coal industry are properly balanced. My officials are participating in the interdepartmental discussions on the recommendations in the report.

Does my hon. Friend agree that farmers suffer a grave injustice because they cannot claim compensation for consequential loss in the event of coal mining subsidence? In the light of the Flowers report will my hon. Friend urge my right hon. Friend to amend the voluntary code at an early date?

I am aware of my hon. Friend's concern that those affected by mining subsidence should be properly compensated, but while I am concerned to safeguard the interests of the agriculture industry, compensation for subsidence is a matter for my right hon. Friend the Secretary of State for Energy, as my hon. Friend will know.

Intervention Foodstocks

14.

asked the Minister of Agriculture, Fisheries and Food if he will give the latest figures for stocks of intervention foodstocks in terms of the number of days of consumption.

Foodstocks—including animal feeding stuffs—held in intervention in the European Community in terms of days' consumption are:

days
beef
butter14½
cereals28
olive oil82
skimmed milk powder140

Does my right hon. Friend agree that these stocks are not excessive in relation to the total consumption of the EEC, and that in this day and age it is better to have a surplus than to have a shortage?

I endorse what my hon. Friend has said. When one sees what is happening in other countries, one realises that consumers, in particular, always benefit more from surpluses than shortages.

At the same time, does the Minister agree that a more accurate and objective indication of a surplus would be in respect of the percentage of annual production? In that regard, does the right hon. Gentleman agree that throughout the EEC there is at least a 20 per cent. surplus of dairy products and milk production?

We are concerned about continuing surpluses in particular products. As the hon. Gentleman knows, we have taken certain steps in recent price fixings to try to put some restraints on increases in production. I put the question back to the hon. Gentleman: would he rather have 5 million tonnes, as we have in intervention in the Community, in cereals, as against the 50 million tonnes shortage that Soviet Russia is experiencing?

Does the Minister expect the stocks to increase or to decrease over the next 12 months? As he has firmly rejected the export of surplus butter to Russia, where should the surpluses go?

If my hon. Friend understood a little more about agricultural production he would realise that this problem happens all over the world, and the effect on surpluses depends on world trade and prices. There are other factor, which are impossible to predict at this stage.

As the Minister accepts that we have these surpluses of foods, does he think that his Department can prevail on the Department of Education and Science to take advantage of them to help local authorities, which are in the shameful position of having to end school meals?

I had hoped that the hon. Gentleman would welcome the fact that this Department has negotiated support for school milk. I am glad to say that many local authorities have taken advantage of that.

Commodity Prices

16.

asked the Minister of Agriculture, Fisheries and Food if he will make a comparison between the current United Kingdom market price and world market price for(a)wheat, (b)beef,(c)butter and(d) sugar.

With permission, Mr. Speaker, I shall publish the information in theOfficial Report; but my hon. Friend is aware that world prices fluctuate substantially—for example, only a short time ago the world price of sugar was 40 per cent. above the Community price.

Does my right hon. Friend agree—we shall see later in theOfficial Report—that for most of these commodities the European prices are much higher than world market prices? Inasmuch as the United Kingdom is a net importer of European foodstuffs, is this difference in price not a heavy tax on the British consumer over and above our net budget contribution? Would my right hon. Friend—on a slightly different matter—

On the general scene of food prices, I am sure that my hon. Friend will be pleased to know that during the period of this Government farm gate prices have increased at only half the rate of inflation in general. With regard to the Community agriculture budget, whereas under the Labour Government this went up by more than 200 per cent. , under this Government it has gone up by only 26 per cent.

Has the Secretary of State for Foreign and Commonwealth Affairs drawn the Minister's attention to the publication known as "The Budget Problem"? Does he agree with it when it states that Britain

"buys food from other member states at Community prices which are higher than world prices because of the price support mechanisms of the CAP and …the resulting cost to Britain is not matched by equivalent gains on the industrial side"?

If the right hon. Gentleman agrees with that, why the hell do we not get out?

I know that that has been the constant view of the hon. Gentleman, but perhaps he should reflect on what my hon. Friend the Member for Bristol, North-West (Mr. Colvin) said. There may be many people in the Socialist economies of Eastern Europe who would prefer to have the surplus problems of the CAP to the shortages of the Soviet Union.

Following is the information:

£Tonne

United Kingdom price*Estimated world pricer†
Wheat11374·7
Beef1,769·82923
Butter2,3071,224·1
Sugar405·9111·4

Notes:

* Average United Kingdom market prices for week ending 11 September 1982.

Wheat: First hand buying price for all types.

Beef: Certified cattle converted to deadweight using a killing-out percentage of 53·8

Butter: First hand price for sweet cream, salted, 10 kg cartons.

Sugar: Refined, granulated, in bulk: 50 kg paper sacks.

†"World prices" have been taken as minimum offer prices of imports underlying the calculation of the variable levies and have been calculated by subtracting the common levy in ecus applicable on 16 September 1982 from the appropriate threshold or guide price in ecus. The beef price is

also adjusted for duty. These "world prices" have been converted from ecus at the market rate used for calculating MCAs on 16 September: £1·183075 ecus.

Common Agricultural Policy

17.

asked the Minister of Agriculture, Fisheries and Food if he will make a statement on any progress made to reform the common agricultural policy.

A number of measures have been taken, and that is why under the previous Government, Community agricultural spending increased by over 210 per cent. , while under this Government the increase has only been some 20 per cent:.

Since it is possible for us to obtain dairy products from other countries more cheaply than we have been obtaining them under the intervention price scheme, what is now the Government's attitude? Are they seeking to abandon the CAP or do they think that they can bring about some real reform in the next Session?

Many measures and changes that have taken place have resulted in a dramatic improvement in cost savings. If the hon. Gentleman wishes to rely on the cheapest price that he can obtain in world markets for particular commodities, he should not argue in the same breath for full employment and stability. We have a stable food supply and a stable agriculture, and the contribution towards reducing inflation has been considerable.

Prime Minister

Engagements

1.

asked the Prime Minister if she will list her official engagements for Thursday 21 October.

This morning I presided at a meeting of the Cabinet and had meetings with in nisterial colleagues and others. 1M addition to my duties in the House I shall be having further meetings later today.

Is the Prime Minister satisfied with the disruption that her miserable Ministers, who are acting against the country, have caused to the police, Telecom workers and steel workers and the miners? Is not the right hon. Lady prepared to take some action against this disruption, and what will she do about the militants in her police force who disrupted the Home Secretary's meeting last night? Will she take time off today to listen to the new record "How does it feel to be the mother of 1,000 dead?". Will she take—

That is rather a lot of questions. The police have had a very good deal from this Government and I thought that the performance yesterday evening by the Metropolitan Police Federation was disgraceful. I do not believe that it will have found favour with the vast majority of the Metropolitan Police force, and I think that it have done it a great deal of damage The hon. Gentleman mentioned various other subjects With regard to competition, it serves the British consumer better than nationalised monopolies. With regard to steel, just a few moments before I came to the House I learnt that agreement had been reached in the Community in Brussels on the limitation on steel exports to the United States. That is expected to take effect from 29 October. Once again our Ministers have done a good job.

Will my right hon. Friend find time today to consider the recent reports that the Home Secretary is about to submit to the House new regulations regarding immigration? In the meantime, will my right hon. Friend give the House an assurance that no final decision will be reached before we have a full debate in the House on the matter?

I understand that the new immigration rules will be required when the new British Nationality Act takes effect. It is my right hon. Friend's intention to publish a White Paper next week, which will contain draft immigration rules. The White Paper, subject to agreement with my right hon. Friend the Lord President, will be debated for a whole day in the House. Final decisions on the new immigration rules will not take place until after that debate.

In view of the statement that the right hon. Lady has just made about the steel industry, and in view of the mounting crisis in that industry, even if the agreement with the EEC forms the basis for a settlement with the United States, will it not still cause a big injury to the British steel industry? What steps will the Prime Minister take to assist the industry in its immediate crisis?

Obviously if the EEC has reached agreement as reported, and countervailing duties are therefore not imposed, the situation will be much better than it would otherwise have been. I agree with the right hon. Gentleman that there is still a great steel crisis the world over. We have to recover our home market, much of which was lost as a result of the disastrous 13-week steel strike in 1980, when those who had loyally purchased from the British Steel Corporation found that their source of supply was not reliable and had to go elsewhere for steel.

Britain's home market is suffering more than any other from steel imports and yet the British Government do less than any other Government about it. What steps will the Prime Minister take to try to deal with increasing steel imports, which threaten to close further major plants unless something is done to stop them?

The Prime Minister praises the agreement between the EEC and the United States. Will she confirm to me and the country that that agreement involves further injury to the British steel industry?

Does the right hon. Gentleman recognise that he objects to the United States taking steps against imports, and at the same time wants us to take steps against imports? The two do not add up. Britain acts with the Community on steel and we must continue to do so. We must learn to compete in terms of our home market and exporters. Strikes cost jobs and the right hon. Gentleman has been the strikers' friend.

The right hon. Lady must face the facts about an industry which she is steadily ruining. Does she not understand that there is a great difference between the position in the United States and here? In the United States about 1 per cent. of the industry is affected by imports, whereas here the figure is about 30 per cent. The United States took some action to deal with the problem, but the British Government have taken no action to protect British industry.

One-third of our gross domestic product is exported, so if we start protectionism in Britain as a general principle we shall lose jobs in every export industry in the country.

Will the Prime Minister find time today to study the speech by the director-general of NEDC, in which he called for a truce over the frontiers of ownership and instead a concentration on efficiency?

I saw the speech. I wondered whether the director-general made the same speech when so many nationalisation measures were introduced. It would have been better if he had made the speech then.

Has my right hon. Friend seen the reports in today's papers about the Polish refugee, Josef Samek, who, after 41 years, was reunited with his daughter who lives in my constituency and who believed him to have died in a Soviet labour camp? Is my right hon. Friend aware that the period that Josef Samek is being allowed to stay in Britain has been reduced from six to three months? Will my right hon. Friend ensure that he will be allowed to remain in Britain with his family for as long as he wants to?

As my hon. Friend knows, we had a general rule that Polish people here at the time of the military takeover were allowed to stay and were not made to return to Poland, where they might have had a terrible time. If my hon. Friend provides details of the individual case, we shall consider it sympathetically.

Q2.

asked the Prime Minister if she will list her official engagements for Thursday 21 October.

I refer the hon. Gentleman to the reply that I gave some moments ago.

Will the Prime Minister take time to keep up to date with the work of the European Court of Human Rights and the European Convention on Human Rights? Does she regard the convention as having an important part to play in guarding civil liberties now that it has stood so firm in defence of the three British Rail workers and seems to have persuaded the Home Secretary that he must extend to women citizens the same rights in relation to foreign husbands as men citizens enjoy in respect of their wives?

The hon. Gentleman will have heard me say earlier that a White Paper is to be issued next week, which will be debated in the House before final decisions on new immigration rules are taken. The closed shop case would not have arisen but for the disgraceful legislation by the Labour Government, which the hon. Gentleman's party supported.

Does my right hon. Friend agree that the TUC unions which are proposing another day of action in support of National Health Service workers would be better advised to say publicly that they will accept pay settlements lower than the National Health Service settlement? Does my right hon. Friend further agree that the best way to help the low-paid and families is to increase child benefit by more than the rate of inflation?

My hon. Friend never misses an opportunity to plead that cause. I agree that it would be best if the National Health Service strike were ended now. That would be better for the patients, better for the reputation of the country and better for all those who hope to achieve orders from overseas and whose interests the strike damages.

Can the Prime Minister explain why we should believe that the economy will become much better with the fall in inflation when the Chief Secretary to the Treasury, for example, has been saying the same thing for the past two years and more and the situation has gradually worsened?

Many right hon. Members in the Labour Government said that the most important aspect was a fall in inflation. We heard that again yesterday. We must have a fall in inflation if we are to compete with other industrialised countries, as the right hon. Gentleman knows. He will be aware that in spite of being now much more competitive with overseas countries we have still a long way to go before output per man in Britain equals that in the United States, Japan, Germany and France.

Does my right hon. Friend share my regret that the European Community should send so much of its butter to the Soviet Union at heavily subsidised prices when our own people cannot afford to buy it? Will my right hon. Friend use her considerable powers to influence our colleagues on the Continent to change the rule?

As my hon. Friend knows, Britain has voted firmly against subsidising food exports from the Community to the Soviet Union and will continue to do so.

Q3.

asked the Prime Minister if she will list her official engagements for Thursday 21 October.

I refer the hon. Gentleman to the reply that I gave some moments ago.

Is the Prime Minister aware of the proposed closure of the Wood Green and Southgate hospital in my constituency, which takes patients from Finchley, and which is being closed because of the Government's refusal to fund one-third of the wage rise for Health Service workers this year? In the light of that closure and other closures being contemplated, will the Prime Minister give a categoric assurance to the House that the Government will fund the whole of any increase to Health Service workers next year from the Treasury and not decide, as Ministers are discussing, to fund none of it?

The hon. Gentleman raises two points. It came out firmly in yesterday's debate that the resources available to the National Health Service as a whole are 5 per cent. more in real terms this year. Therefore, the only question is the distribution of that increase over and above what the Labour Government provided in accordance with priorities which all Governments must make and which every responsible person in the House and elsewhere should be prepared to make.

Next year's public expenditure figures have not been published. It would be reasonable, however, to expect some increase in efficiency in the National Health Service in view of the encrmous increase in numbers employed in the Health Service.

Will the Prime Minister bear in mind that steel is a vital subject? Would it not be unfortunate if tomorrow's strike were to let in our competitors and take away our orders? Could the unfair competition from Spain be looked at again? Is the Prime Minister aware of the steel committee of the OECD? Will the Government refer our problems vis-a-vis Europe and the World to that committee following the meeting of the International Iron and Steel Institute in Tokyo, where the heads of the steel industry got together and provided much information for all Governments?

I agree with my hon. Friend that if we have more strikes they will cost jobs. Strikes besmirch this country's reputation overseas. They stop investment and orders that would otherwise come here, and cost not only the strikers' jobs but jobs in other companies.

We must continue to work with the EEC on steel. The best thing we can do is to buy more British goods, assuming that their quality and suitability are equal to that of overseas goods. If people bought more British goods many of our problems would be solved.

Order. We were one minute late in starting. I shall allow one more supplementary question.

Will the Prime Minister explain why the Government are subsidising unnamed private steel consortiums, and giving vast sums of public money to buy out and close private steel firms such as Manchester Steel Ltd. in my constituency, with the loss of 810 jobs and a vital industry?

While the steel market is falling world-wide, and we are not competing as well as we should, we have to make the best possible arrangements for jobs as a whole I believe that that is what is happening.

Business Of The House

3.31 pm

Will the Leader of the House state the business for next week?

The Lord President of the Council and Leader of the House of Commons
(Mr. John Biffen)

The business for next week will be as follows:

MONDAY 25 OCTOBER—Consideration of Lords amendments to the Employment Bill.

Motions on the Homosexual Offences (Northern Ireland) Order and on the Planning (Amendment) (Northern Ireland) Order.

TUESDAY 26 OCTOBER—Consideration of Lords amendments to the Transport Bill.

Motion relating to the British Gas Corporation (Disposal of Offshore Oilfield Interests) Direction 1982.

WEDNESDAY 27 OCTOBER—Remaining stages of the Industrial Development Bill (Lords) which is a consolidation measure.

Motions relating to the Education (Assisted Places) (Scotland) Regulations, to the Education (School and Placing Information) (Scotland) Regulations and to the Meat (Sterilization and Staining) Regulations.

The Chairman of Ways and Means has named opposed private business for consideration at 7 o'clock.

THURSDAY 28 OCTOBER—The House will meet at 2.30 pm for Prorogation.

The new Session will be opened on Wednesday 3 November.

I recognise that the right hon. Gentleman arranged the business before we had heard the Prime Minister's replies about the steel industry. Will he have further conversations, through the usual channels, to see whether we may have a debate on the steel industry next week? The Prime Minister does not seem to appreciate that the agreement that has been made between the EEC and the Americans—if it is concluded—involves a further cut in British steel exports to the United States of America and an intensification of the crisis in the British steel industry. It possibly threatens further jobs in that industry.

Tomorrow's strike is the result of the sense of desperation felt in the industry that is produced by the Government's policy and failure to do less than any other country in Europe to protect the steel industry. I urge the right hon. Gentleman to have discussions through the usual channels to seek a debate on that subject next week before the position deteriorates further.

I ask also for a statement next week on Britoil. There are conflicting stories in the newspapers and elsewhere about how the operation is to be mounted. The Amersham International precedent still leaves a bad taste in everyone's mouth, and I hope that the right hon. Gentleman will arrange for a statement on that subject to be made next week.

I do not know whether the Prime Minister proposes to make a statement to the House about her visit to the Far East.

The Prime Minister shakes her head. After such visits, the Prime Minister normally makes a report to the house. There were many matters that arose during that tour that should have been reported to the House. Will the right hon. Gentleman assure us that we shall have a full six days for discussion on the Queen's Speech? A host of industrial matters are crowding for discussion. The steel industry is only one of them. Other industries are threatened by Government policy and the general position. I trust that the right hon. Gentleman will allow the opportunity for a full debate on the Queen's Speech.

I shall take in reverse order the points that the right hon. Gentleman makes. I acknowledge that there is great interest in having a full debate upon the Queen's Speech as it gives an opportunity to discuss a range of domestic economic issues, including the steel industry. I am happy to confirm that there will be a six-day debate as he requests.

My right hon. Friend the Prime Minister has given a written answer which sets out the points covered by her Far Eastern tour. I am certain that that answer can be supplemented during the debate on the Queen's Speech.

I take account at once of the right hon. Gentleman's anxieties about Britoil. Those anxieties are not confined to the Opposition. I shall do my best to ensure that a statement on that matter is made next week.

I recognise the right hon. Gentleman's anxiety to have a usual-channels discussion about the talks that have been conducted over the past 24 hours by my right hon. Friend the Secretary of State for Industry. I know that the House will want to be apprised of what is decided. I shall certainly see what can be done.

Will the right hon. Gentleman be putting down a motion to give more than one and a half hours for the consideration of the Homosexual Offences (Northern Ireland) Order in view of its great importance to that Province and the unique nature of the legislation? If he does not put down such a motion, does he understand that it will be taken as yet another instance of the cold and unremitting hostility of the Government to that Province and its people?

The hostility is in the eye of the beholder. It is proposed that the motion shall be taken on Monday evening following the normal rules of procedure for a 90-minute debate. It is a matter which has been widely discussed by the Northern Ireland Office—

by my right hon. Friend the Secretary of State for Northern Ireland and his Ministers with those in the Province. I am certain that there will be a constructive debate if there is a constructive attitude of mind.

Following the publication of the Treasury's comment on the report from the Treasury and Civil Service Select Committee on efficiency and effectiveness in the Civil Service and certain other much more controversial comments, will my right hon. Friend arrange a debate on the Civil Service early in the new Session?

I cannot make any such arrangement for next week, but I shall bear in mind my right hon. Friend's point.

Because of the evident anxiety felt by police officers about the sudden announcement of a 4 per cent. pension contribution increase, will the Leader of the House arrange for a debate on the prayer on that matter tabled by my right hon. and hon. Friends?

Will the right hon. Gentleman also make arrangements for the bound copies of Hansard to be supplied more regularly to the Prime Minister so that she can see that my party consistently opposed the closed shop provisions in Labour Government legislation and attempted to persuade the Conservative Party to do so?

I shall certainly look into the first point raised by the hon. Gentleman, but I cannot give such an undertaking for next week. On the second point, I am certain that the hon. Gentleman, as a political advocate, does not have to rely on bound copies of Hansard to secure his point of view.

In view of the controversy in Wales surrounding the possibility of health expenditure cuts, especially following yesterday's announcement by South Glamorgan area health authority, and in view of early-day motion No. 703 standing in the names of myself and of all four Opposition parties in Wales—

[That this House condemns the proposals outlined in the Welsh Office paper entitled 'Health Service Resources in Wales, 1983–84', dated 23rd August 1982, which implies cuts in health authority expenditure in Wales of £56 million; notes that the Welsh Health Authorities Chairmen Meeting, held on 24th September at Brecon, has reacted strongly against these proposed cuts, and has indicated that they would imply the closure of hospitals at such speed as would make the normal consultation procedure impractical, would dramatically increase waiting lists for in-hospital treatment, and would require the shedding of staff to an extent that would cause the deterioration of the health service in Wales; furthermore, this House expresses grave doubts as to whether the area health authorities in Wales will be able to meet their statutory duties if such cuts are imposed upon them or to limit the effects of the cuts to non-priority areas; and concludes that the cuts in area health spending outlined in this document are unacceptable to the people of Wales and instructs the Secretary of State for Wales to issue a clear and unequivocal withdrawal of these proposals.]—will the Leader of the House find time for a statement to be made next week by the Secretary of State for Wales on the status of the document "Health Service Resources in Wales, 1983–84" that the Welsh Office produced on 23 August?

I shall draw that point to the attention of my right hon. Friend the Secretary of State for Wales.

does my right hon. Friend recall early-day motion No. 531, signed by 150 hon. Members?

[That this House welcomes the report of the Overseas Student Trust as a basis for an enduring policy for overseas students' fees; recognises its recommendations as a responsible balance between British interests and obligations, and the needs of overseas students; urges Her Majesty's Government to accept in particular the recommendation that students from British dependent territories should pay the home level of fees thus removing the anomaly by which a student from, for example, Hong Kong or the Falkland Islands, can be asked to pay up to12 times as much for a course as a student from the European Economic Community; and supports the proposal that concessionary levels of fees should be considered for Cyprus.]

When will there be an opportunity to discuss this matter now that four months have elapsed since the report was made?

I am sure that my hon. Friend, with all his skill and ingenuity, will be able to raise this subject in the debates on the Queen's Speech which will clearly include a range of topics such as this.

Since the Prime Minister's visit to Hong Kong caused dismay in the colony and damaged our relations with China, is it not incumbent on her to come to the House to make a statement and to answer questions on that subject?

Will my right hon. Friend give serious consideration to whether there should be a statement or possibly a full debate on the expenditure of over £81 million of public money on the De Lorean car company, especially as its collapse has had such an impact on suppliers in the West Midlands and two companies in my constituency?

I am sure that my hon. Friend will join me in welcoming the news that the Public Accounts Committee is to examine this matter. I shall, of course, draw the attention of my right hon. Friend the Secretary of State for Northern Ireland to the point that my hon. Friend makes.

Will the Leader of the House say when the Government's response to the recommendations contained in the Shackleton report will be published? Will the House have the opportunity to discuss the report and the Government's response?

No. I shall, however, consider the point that the hon. Gentleman makes. I shall be in communication with him.

Does my right hon. Friend intend to allow the press to have a copy of the Queen's Speech in advance of its delivery with a "Stop" notice on it? If so, will he let me have a copy if I promise not to leak it?

In the real world, I have a much more passive role in all these matters than my hon. Friend supposes.

Will the right hon. Gentleman give serious consideration to the request by my right hon. Friend the Leader of the Opposition for a debate on steel next week? It is not only a question of the EEC agreement concealing certain misunderstandings and even incipient threats to British steel from across the Atlantic. The chairman of British Steel is also expected to announce, long before the Queen's Speech and the debate on it, the conclusions of his current review. The chairman is not merely wrestling with demand, as the Prime Minister seems to think, or even the future configuration of British Steel; he AS considering whether there will be a steel industry at all.

The hon. Gentleman speaks on this topic with all the authority of an hon. Member representing a Sheffield constituency. He will understand, I am sure, that I cannot go beyond the answer that I gave the Leader of the Opposition.

Before the onset of winter, will the right hon. Gentleman consider arranging a debate on fuel prices and fixed standing charges for electricity and gas as they affect the aged poor? These people are terrified about the prospect of another winter like last winter.

Order. I propose to allow questions to run until 4 pm in the hope that all those wishing to put questions will be accommodated.

On the issue of trade policy, on a basis wider than that relating to steel, will my right hon. Friend arrange to have repeated in the House the statement made yesterday in the other place by the Secretary of State for Trade who seemed to imply that the Government were moving towards a change of policy in respect of the protection of this country's vital interests? Is it not desirable that his statement should at least be repeated if there cannot be a debate before the House prorogues?

I am certain that my right hon. and noble Friend made a very important speech earlier this week. I cannot believe that a Queen's Speech debate can take place without a great deal of it being devoted to trade topics.

Is the Leader of the House aware of early-day motion No. 707 relating to the privatisation of the National Maritime Institute?

[That the transfer of the undertaking and assets of the National Maritime Institute to NMI Ltd., as set out in the Treasury Minute dated 30 September 1982, be not proceeded with until long-term arrangements beyond 1987 have been agreed with the Shadow Board of NMI Ltd. and with the Institution of Professional Civil Servants for the capital and revenue support for fundamental research into the areas of maritime technology, ocean engineering and civil engineering aerodynamics, that are of strategic national importance, on terms and conditions no less favourable than those enjoyed by competing foreign establishments.]

I appreciate that there is no obligation on the Government to have a debate on the issue on the Floor of the House. However, will the right hon. Gentleman draw to the attention of his right hon. Friends the immense importance of strategic research by that institute in key areas related to the long-term future of this country and see that arrangements are made for safeguarding it?

The hon. Gentleman makes a serious, albeit contentious, point. I shall ensure that the appropriate Secretary of State is made aware of his views.

Will the Leader of the House find time for an urgent debate into the horrifying death of Lucy Gates who lost her life while in the care of the local authority? Is he aware that the urgency of a debate is magnified by the refusal of the council of the London borough of Bexley to publish the results of the inquiry that has been held into the little girl's death?

I cannot give any guarantee of Government time for a debate on that subject next week. I am sure that the hon. Gentleman will be the first to acknowledge that it is exactly the type of topic that can be pursued with success and vigour by a Back-Bench Member.

Is my right hon. Friend aware of early-day motion No. 705:

[That this House congratulates the Electrical and Engineering Staff Association, a section of the E.E.P.T.U., on its decision not to support the 24-hour strike in the steel industry on 22nd October on the grounds, first, that the strike can only damage the industry further and, secondly, that the TUC Steel Committee did not fully consult with members before calling for action; asks the Government to consider urgently the steps requested by the Electrical and Engineering Staff Association to help British Steel, notably, effective licensing and monitoring of foreign imports, tighter EEC Regulations and investigation of unfair subsidies; and urges the Trades Union Congress not to call for any further damaging national strikes without fair and secret ballots of all trade union members affected.]

It shows that many of my hon. Friends would also welcome support for a debate on the steel industry to show their backing for the brave stand of the Electrical and Engineering Staff Association in deploring the strike later this week that can only do even more damage to the steel industry. Does my right hon. Friend accept that many hon. Members would welcome a debate in order to point out that American steel workers cost an average of $amp;23 an hour and are earning four to five times more than a British steel worker, without, in many cases, any corresponding increase in productivity?

I note my hon. Friend's desire for a debate on the steel industry. I admire the manner in which he has given a trailer of his speech, should he be called to make one.

Does the Leader of the House recognise the urgency of obtaining a statement from the Home Secretary on Operation Countryman? Is he aware of the considerable public disquiet over remarks made by the former chief constable of Dorset, the first head of Operation Countryman, that there had been some obstruction over inquiries into allegations of corruption in the police force? Will the right hon. Gentleman try to ensure that a statement is made by the Home Secretary before the new Session begins?

I shall certainly ensure that my right hon. Friend is made aware of the point made by the hon. Gentleman.

In view of what the Prime Minister has said, will my right hon. Friend confirm that the White Paper on the immigration rules to be issued next week will be more along the lines of a discussion document than a statement of Government policy?

The description "White Paper" means that it is bound to be a statement of Government policy. That it will give rise to plenty of discussion I have no doubt.

Would it not be for the convenience of the House if the specifically and exclusively Scottish business set down for debate next Wednesday was referred to the Scottish Grand Committee sitting in Edinburgh? Would it not also be for the convenience of the people of Scotland, who are suffering education cuts, to know that the Government intend to spend even more in support of private education?

The decision to have Scottish Grand Committee sittings in Edinburgh is one of such delicacy that it is better undertaken as a result of widespread consultation and agreement in this House rather than as a result of unilateral action on my part.

Would it be possible to have a debate next week or subsequently on the intimidation of trade union members? People who stop three-year-old babies having operations may find that their branch gets a letter from the union, but those who choose to work when they have been told to go on strike find that the intimidation is much greater, more personal and comes much quicker.

I note my hon. Friend's point. This is not the first time that he has made it. I have to tell him that there is no likelihood of Government time being made available next week for a debate of that character.

May I add my voice to the request already made by two of my hon. Friends for a statement from the Prime Minister on her glorified Far East tour? Is it not a fact that when she went to Japan she found them in a financial crisis and left with a flea in her ear and that she left Hong Kong in a constitutional mess? After she turned her back on the Chinese, they started talking to the Russians for the first time in 30 years.

I cannot helpfully add to what I said to the hon. Member for Warley, East (Mr. Faulds).

Will the Leader of the House ask the Secretary of State for Social Services to make a statement next week about the chaos and demoralisation in the NHS following the most recent reorganisation? This has nothing to do with the pay dispute. Is the right hon. Gentleman aware that thousands of senior nursing officers are still not aware, six months after the appointed day, whether they have a job. The demoralising effect runs through every hospital in the country. May we have a statement?

I will draw the hon. Gentleman's comments to the attention of my right hon. Friend the Secretary of State, but I am sure that the hon. Gentleman accepts that yesterday's debate went wider than merely the industrial dispute. Nevertheless, I will ensure that his remarks are passed on.

Will the Leader of the House keep in mind, at least for the new Session, the fact that we have not had a debate on the United Nations special session on disarmament and that the Madrid conference on European security is about to reopen? It would be good for his party to begin to show a little interest in disarmament, because it is a very big vote catcher.

I had not forgotten the topic and I knew that the hon. Gentleman would not let me forget it. May I suggest, in a friendly spirit, that he makes his speech in the debate on the Queen's Speech. There is more likelihood of his being able to put his views on the record then than there is that we shall have a specific debate on the matter.

Will my right hon. Friend give us an assurance that there will be an opportunity to debate the recommendations of the Hunt committee on cable broadcasting before the Government reach a decision on the proposals?

I am certain that it would he most appropriate for the House to consider that matter in the early stages of the general deliberations on the topic.

Will the right hon. Gentleman accept that, whatever may be his view of the effects in the Far East of the Prime Minister's pronouncements on the future of Hong Kong, a written reply on the matter is inadequate? Will he tell us the terms on which we are to expect the Prime Minister to make statements after such visits? In vew of her refusal to make a statement, what other opportunities will we have to discuss the important matters relating to the future of Hong Kong?

I believe that the hon. Gentleman will find that there are precedents for a Prime Minister to report in a written answer on a visit undertaken during a recess. However, there will certainly be every opportunity in the debate on foreign policy, within the ambit of the Queen's Speech debate, for all these matters to be considered further.

Has the Leader of the House forgotten that the first Order of the Day for next Wednesday is the Second Reading of my Scottish Parliament Bill, which is in the hands of the printers and ought to be available in the next few days? As it is a fairly simple, straightforward Bill, will the Government grant time for the Second Reading, Committee stage, Report stage and Third Reading on the Floor of the Howe next week so that we can have a Scottish Parliament passing Scottish legislation in the next Session, instead of the rubbish that has been passed by this Tory Government over the past three and a half years?

When the hon. Gentleman commends something as being simple and straightforward, it is consensus politics at its most dangerous.

Will the Leader of the House arrange for a statement on the De Lorean car company, in view of the recent serious developments? He knows that some of us have been following that matter for many years.

Secondly, the right hon. Gentleman, as a former Secretary of State for Trade, will know of the anxiety felt throughout the textile industry about the multi-fibre arrangement. As he knows, 18 agreements have been made, 19 are outstanding and there are serious questions whether the mandate will be retained for the remainder and whether contingency plans are being made to withdraw from the MFA if necessary. The textile industry AS beleaguered and is anxious for a statement and a debate in the House.

On the hon. Gentleman's first point, I will pass his remarks to my right hon. Friend the Secretary of State for Northern Ireland. The MFA negotiations are a matter of great concern and could suitably occupy a place in the debate on the Queen's Speech. I will, of course, draw to the attention of my hon. and learned Friend the Minister for Trade the points made by the hon. Gentleman.

Orders Of The Day

Criminal Justice Bill

Lords amendments considered.

Clause 1

GENERAL RESTRICTION ON CUSTODIAL SENTENCES

Lords amendment: No. 6, in page 2, line 14, at end insert

"because it appears to the court that he is unable or unwilling to respond to non-custodial penalties or because a custodial sentence is necessary for the protection of the public or because the offence was so serious that a non-custodial sentence cannot be justified".

3.58 pm

I beg to move, That this House doth agree with the Lords in the said amendment.

Clause 1 provides that no court shall impose a custodial sentence on a young offender unless it is of the opinion that no other method of dealing with him is appropriate. The amendment elaborates on that provision by requiring the court to base its opinion on one of three possible grounds, which are the failure of non-custodial penalties, the need to protect the public, and the seriousness of the offence.

Amendments on these lines were debated at considerable length during the passage of the Bill through this House. The Government have throughout sympathised with the intention behind the amendments, but we take the view that they place no further effective restriction on the passing of custodial sentences on young offenders. That is because they reflect accurately the existing principles by which the courts already exercise their sentencing jurisdiction custodially.

Our preference would be to leave the courts to develop their sentencing practice according to the guidance that they will undoubtedly receive from the Court of Appeal on the basis of the application of the legislation to actual cases. Nevertheless, the Government do not seek to disagree with the Lords amendment.

As there are 295 Lords amendments to the Bill, I should assure the House that the Opposition Front Bench will not speak on them all. However, it is important to speak on those that make significant changes in the Bill, and amendment No. 6 is one of the most significant.

The Minister of State said that he had reservations about the amendment, and the Government voted against it in another place. So strong were their reservations that they became positive opposition. Fortunately, right prevailed and the Government were defeated on the first amendment debated in another place. Many other successes followed.

It is an important amendment because, although the Opposition have taken the view throughout the passage of the Bill that no offender under 17 should receive a custodial sentence, we feel that the amendment will help young people who are put into custody.

There must be a range of facilities, regimes and punishments—alternatives to custody—to provide education, training and preparation for the future. That will also serve to reduce the numbers held in custody, which is still over 44,000. We want to save as much money as possible by keeping as many people as possible out of custody.

Although the Government rejected the view that we should keep the under-seventeens out of prison and custody, the next best thing is to ensure, as I hope the amendment will, that unless the offence is extremely serious courts will take more time to satisfy themselves that the alternatives to custody will not be responded to by the young person concerned. The recidivism of young people who are sentenced to custody in borstals and detention centres is notoriously high. It is clear that for most of them custody is not a deterrent, because 76 per cent. of young people leaving detention centres, and 83 per cent. of those leaving borstals, are reconvicted within two years.

We therefore welcome the fact that courts will now have to apply their minds—far more, perhaps, than they do at present—to the nature and background of the young persons being sentenced. It will not be easy to make this assessment and judgment, but surely it is worth making every effort to decide whether that person is either unwilling or unable, by his or her nature, to respond to non-custodial penalties.

Let us put the first emphasis on non-custodial care and control and use custody only as a last resort when non-custodial penalties fail. That, after all, was the philosophy of the Children and Young Persons Act 1969, with its emphasis on prevention and welfare. We hope that the amendment will put that into practice.

In its reference to the necessity to impose a custodial sentence to protect the public, the Lords amendment echoes the view expressed by the Home Secretary, who said that custody and prison should be reserved for those who are a danger to the public. Among European Community countries, this country has the highest number of children and young people in custodial care. We lock up three times as many young people under the age of 17 as we did 20 years ago, yet there is no evidence that we are more successful than those other countries in reducing crime. The guidelines to the courts provided by the amendment could lead to a gradual shift from custodial to non-custodial care and a far more sensible approach to the treatment of young offenders.

The Minister and the House will be aware that, for the past 10 years or more, a fairly unanimous opinion has been expressed by all those who are concerned and knowledgeable about the penal system that we should shift the emphasis and resources away from custodial care to treatment in the community, and that that is particularly appropriate for young children and juveniles. Nevertheless, while making that commitment, the practice has been for an increasing number of younger and less delinquent young people and juveniles to be committed to custodial care.

It was for that reason that I and some hon. Members from both sides attempted in Committee to lay down strict statutory criteria which had to be complied with before the courts could impose a custodial sentence. Throughout the Committee stage, the Government resisted such amendments. They did not argue against the terms or the principles of the amendments either here or in the other place. The amendments that we are now discussing, which were made in another place, were eventually accepted on a Division against Government opposition. Therefore, I wholeheartedly welcome the amendments, which lay down detailed statutory criteria for the imposition of custodial sentences on young people, which were proposed in another place by members of the parliamentary all-party penal affairs group.

As I said, those amendments were carried on a Division against the wishes of the Government. It is fair to add that, although the Government opposed the amendments, they did not oppose them on their merits. They took the view that it was better for the Court of Appeal to lay down the criteria than to include them in legislation. Having lost the vote, the Government, to their credit, announced their acceptance of the principle underlying the amendments. If the criteria in the amendments are to be strictly adhered to in future and applied by the courts, they could have a significant impact, as my hon. Friend the Member for Halifax (Dr. Summerskill) pointed out, on the number of young people given custodial sentences.

There is a myth, to which Government spokemen sometimes give credibility, that courts resort to imposing custodial sentences only as a last resort: that it is only when all other options have failed and all other alternatives have been explored and found wanting that the courts resort reluctantly and unenthusiastically to custodial sentences.

The facts demonstrate that the practice is different. For example, Home Office studies have shown that more than one-third of young people received into borstals have not received a previot s probation or supervision order made against them. The percentages of those entering detention centres who have not had a previous probation or supervision order are even higher. The studies show that we are prepared to impose, and in fact do impose, custodial sentences on younger and less delinquent young people today than we did 10 years ago, even when we have not attempted to use non-custodial measures such as supervision or probation orders. The Home Office figures clearly demonstrate that fact.

The figures also show that offenders who have not been subject to a previous attempt to deal with their difficulties or delinquency in the community are convicted of not particularly serious offences. For example, only one in five offenders under the age of 21 years given custodial sentences have committed serious offences involving violence, sex or robbery.

It is common ground among all parties that penal institutions do not reform or rehabilitate. They are largely ineffective in turning offenders into law-abiding, positive and constructive members of the community. Again, the figures on recidivism bear that out, with well over 70 per cent. of young people sent to penal establishments committing further offences within two years of their release. The evidence clearly shows that putting young people into penal establishments does them no good. Nor does it do anyone else any good. The real way to deal with their problems and difficulties and to turn them away from their lives of delinquency and criminality is to deal with their problems where they have their roots—in the community.

Thus, any measure, such as the one we are debating, that is designed to restrict the conditions under which a number of young people are put in custodial establishments is to be welcomed. These amendments should help to guard against what I believe is one of the greatest dangers in the Bill involving the new short detention centres. It is desirable in principle that young people may be sentenced for three weeks instead of three months, but it may have the potential of ensuring that more young people who otherwise might receive a non-custodial sentence will now be given a detention sentence. At least these criteria may prevent that and ensure that fewer young offenders receive custodial sentences in future.

Of all the changes that have been made to part I in this place and in another place, this amendment, in my view, is by far the most important and the only one which has any prospect of reversing the disastrous and inappropriate trend of the past 10 years of putting more young people in custody. For that reason alone, I welcome and endorse the amendment.

Question put and agreed to.

Lords amendment: No. 7, in page 2, line 18, leave out subsections (6) and (7).

I beg to move, That this House doth agree with the Lords in the said amendment.

With this it will be convenient to take Lords amendments Nos. 8, 246 and 273.

These amendments give effect to an undertaking which the Government gave on Report in response to pressure to provide that a court should always and invariably consider a social inquiry report before imposing a custodial sentence on a young offender. That created difficulties, because there could sometimes be cases in which a rigid requirement of that kind would be inappropriate. Such a case might arise where, for example, the court, after a long trial, had a great deal of information about the offender and his circumstances and where the offence was so serious that a substantial custodial sentence was unavoidable.

It would clearly be wrong if, in such circumstances, the court had to adjourn the case before passing sentence simply because that information did not happen to be in the form of a social inquiry report. After long debate, there was general agreement that a court should normally consider a social inquiry report before passing a custodial sentence on a young offender, but that it should be able to dispense with the requirement where, in the circumstances of the case, it thought such a report unnecessary. That is the provision which the new clause makes.

We took the opportunity offered by these amendments to rearrange slightly the opening clauses of the Bill. The new clause incorporates the provisions which appear in subsections (6) and (7) of clause 1, and those are accordingly deleted by amendment No. 7. Clause 1 sets out the general principle that a court may not impose a custodial sentence on a young offender unless it is of the opinion that no other method of dealing with him is appropriate. The new clause elaborates on that provision by providing that the court should usually consider a social inquiry report and that it must take into account any information before it which is relevant to the offender's character and his physical and mental condition. A magistrates' court must state and record the reasons for its opinion that no other method of dealing with the offender is appropriate and, if necessary, its reason for dispensing with a social inquiry report.

The clause improves and strengthens the Bill in a way that will be apparent to the House. I do not think I need say more.

My hon. and learned Friend thinks that we should agree with the amendment, and I shall take his advice. However, I have one slight misgiving which I should like to take this occasion to express.

When I was at university, a group of rowdies from the boat club got drunk, smashed up a restaurant and assaulted several people in the town. To everybody's surprise, they were sent to prison for a short while. That was an excellent idea. It helped to repair relations between the university and the town and it set a good example to other undergraduates who might have considered behaving in a similar way.

A social inquiry report on those young men would probably have concluded that they came from good backgrounds, with supportive families, and that that was errant behaviour and that they were unlikely ever to offend like that again. Yet that seems to me to be a good example of where a custodial sentence is appropriate.

I realise that if the courts think that a custodial sentence is necessary for the protection of the public they can still impose such a sentence without a social inquiry report, but the Lords amendment goes even further than the Bill towards discouraging all but the most strong-minded of magistrates' courts from imposing custodial sentences in any circumstances. As I say, I have a slight misgiving about that.

Question put and agreed to.

Lords amendment No. 8 agreed to.

Clause 4

CONSECUTIVE TERMS AND AGGREGATE PERIODS OF DETENTION

Lords amendment: No. 9, in page 5, line 15, leave out from "that" to " ; and" in line 17 and insert

"the only appropriate method of dealing with him is to pass a custodial sentence on him."

I beg to move, That this House doth agree with the Lords in the said amendment.

The amendment harmonises the wording of clauses 3, 4 and 5. Clauses 3 and 5 require a court, in dealing with an offender, to be satisfied that
"the only appropriate method of dealing with him is to pass a custodial sentence on him".
Clause 4, on the other hand, expresses the same provision in the words
"a custodial sentence would be appropriate for the offence."
The amendment deletes those words from clause 4 and replaces them with the expression used in clauses 3 and 5, which are in negative terms.

Question put and agreed to.

Clause 5

YOUTH CUSTODY: OFFENDERS AGED 15 TO 20

Lords amendment: No. 10, in page 6, line 19, at end insert—

"(2A) If a court passes a sentence of youth custody on an offender because it considers that his detention in a detention centre would be unsuitable because of his mental condition, it shall certify in the warrant of commitment that it passed the sentence of youth custody for that reason."

I beg to move, That this House doth agree with the Lords in the said amendment.

4.15 pm