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Commons Chamber

Volume 174: debated on Wednesday 13 June 1990

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House Of Commons

Wednesday 13 June 1990

The House met at half-past Two o'clock

Prayers

[MR. SPEAKER in the Chair]

Private Business

Hythe, Kent, Marina Bill

Ordered,

That the Committee on the Hythe, Kent, Marina Bill have leave to visit and inspect the areas affected by the proposed works and their environs, provided that no evidence shall be taken in the course of such visit and that any party who has made an appearance before the Committee be permitted to attend by his agent or other representative.—[The Chairman of Ways and Means.]

Oral Answers To Questions

Foreign And Commonwealth Affairs

South Africa

1.

To ask the Secretary of State for Foreign and Commonwealth Affairs if he intends any change to the policy of Her Majesty's Government on the subject of sanctions and South Africa; and if he will make a statement.

Our policy is unchanged. We want to see the abolition of apartheid and the peaceful transition to a democratic multiracial system in South Africa. We shall maintain our policy of encouragement and pressure on all sides to enter into negotiations on a new constitution. I welcome the decision of the South African Government to lift the state of emergency, except in Natal.

Does the Secretary of State accept that there is widespread recognition in South Africa that sanctions have been one of the key contributory factors to the present and welcome change in the position of the South African Government? Does he further accept that the appropriate response from the Government and European Community would be to retain the present structure of sanctions until the remaining legislation and obstacles to negotiations are finally removed, and to respond, as and when negotiations develop, to the creation of a new constitution by the removal of sanctions during that period? Prompt action would be inappropriate.

We are not planning to remove all sanctions, but we see the need to give practical proof that we are encouraging President de Klerk in the dramatic steps that he is taking, at great risk to himself and his party, towards a new South Africa without apartheid. I believe that those moves are irreversible.

Is my right hon. Friend encouraged by the successful talks that are taking place between the business community and the mass democratic movement ill South Africa, including the African National Congress? Does he agree that the need is to maintain pressure on the South African Government for the speediest possible reforms? It is only through political reform and change that we shall lay a sound economic basis for the future of South Africa, as all sides wish.

The right mix of pressure and encouragement must be achieved. The business community in South Africa is well placed to do that. It has recognised for a long time that an apartheid South Africa is bad for investment and bad for the prosperity of all South Africans.

The Foreign Secretary said that the Government are not planning to remove all sanctions, yet the Prime Minister said in the House:

"I believe that there is now no place for sanctions"'.—[Official Report, 22, May 1990; Vol. 173, c. 167.]
It is not our job to drive a wedge between the Prime Minister and the Foreign Secretary, but will he use his considerable skills to reconcile what are, on the face of it, fundamentally different propositions?

The Prime Minister has often defended, at the European summit and in the House, the step-by-step approach that we are practising. We are moving step by step to encourage the South Africans as they move, while maintaining pressure on them. The sanctions issue is becoming yesterday's argument. It is no longer the most effective means of pressure. The pressures that we have exercised have shown themselves to be effective.

Middle East

2.

To ask the Secretary of State for Foreign and Commonwealth Affairs what initiatives are currently being considered to help advance the peace process in the middle east.

My recent visit to the middle east has convinced me more than ever of the urgent need for direct dialogue between Palestinians and Israel. I can see no other starting point for a genuine peace process. We shall continue to work for that with our friends in the region and elsewhere. The grim alternative to dialogue is extremism and more killing.

I thank my right hon. Friend for his reply. If the United States withdraws from dialogue with the Palestine Liberation Organisation for not condemning the attack on an Israeli beach, shall we support the United States? Does my right hon. Friend agree that, with Iraq and Libya heading towards having a nuclear arsenal and with the Israelis having an extreme Government, we should be encouraging world opinion to bring about peace in that part of the world?

I entirely agree with my hon. Friend's second point. We must not forget, as the other problems in Europe and South Africa yield to treatment, that the problem in the middle east is getting worse and more poisonous.

On my hon. Friend's first point, we have urged the PLO to condemn the attack on the beach in Israel. It is important that the United States should remain fully engaged in the peace process, which means maintaining the contacts that have led to the understanding with the PLO about the Baker plan.

Given the gross violations of human rights that occur regularly on the west bank and in Gaza—the most recent of which was the throwing of grenades into a United Nations clinic yesterday—does the right hon. Gentleman think that this is the most appropriate time for the Prime Minister to co-sponsor an Israeli state of the art exhibition at the Barbican centre in October? Does not he think that it would be much more helpful if the Prime Minister made it clear that she regards the failure by the Israeli forces to behave properly on the west bank and in Gaza as a stopping point on any further co-operation between this Governent and Israel?

My right hon. Friends the Prime Minister and the Minister of State and I have never been slow to condemn the excessive use of force by Israeli security forces in dealing with the intifada. I hope that the hon. Gentleman and all friends of the Palestinian cause are prepared to condemn individual terrorist attacks. It is not enough simply to say that they are against terrorism.

Although new settlements on the west bank do not help the peace process, does my right hon. Friend agree that it is worth while pointing out that Soviet Jews emigrating to Israel are not moving to the west bank in sizeable numbers, contrary to what we sometimes read in the world press?

There is some dispute about the figures. If east Jerusalem is included among the occupied territories—we certainly include it—the situation is different. We need from the new Government of Israel—I very much welcome the fact that there is a new Government—a clear statement and practical measures to ensure that Soviet Jews do not settle in the occupied territories. We welcome the fact that they are able to leave the Soviet Union.

Will the right hon. Gentleman join me in condemning the attempted terrorist attack in Israel a few days ago? Will he join me also in welcoming the statement made after that attack by the PLO, in which it said that the PLO

"oppose and denounce any military action that targets civilians"?)
I am interested in the fact that the right hon. Gentleman welcomes the formation of a Government in Israel who are totally opposed to any genuine peace process. Will he send a message to the new Israeli Government that the peace process is more vital than ever? Will he make it clear that a policy of settlements in the occupied territories is unacceptable to both sides of the House?

I have already made the second-to-last point clear in my previous answer. I believe that a Government in Israel is better than no Government. The peace process has been completely stymied for weeks because there has been no Government. I hope that, now that there is a Government, all the friends of Israel can begin to persuade them that they should play a positive part in the peace process.

While I was in the middle east, I condemned the attack on the Israeli beach. I note what the PLO has already said; I just wish that it would go that much further because that would make it much easier for the United States to remain constructively engaged, which I believe is crucial.

Order. I think that this will help hon. Members who are concerned about not being called. I draw their attention to the fact that I am constantly being urged to speed up Question Time, and that is what I am seeking to do. Moreover, I am today giving some precedence to those who were not called during questions on the Prime Minister's statement yesterday.

Short-Range Nuclear Weapons

3.

To ask the Secretary of State for Foreign and Commonwealth Affairs when he next intends to discuss the future of short-range nuclear weapons with the United States Secretary of State.

I met Mr. Baker and other NATO colleagues at the North Atlantic Council meeting held at Turnberry on 7 and 8 June. NATO agreed at that meeting that negotiations on United States and Soviet short-range nuclear weapons systems in Europe should begin shortly after a conventional forces in Europe agreement is concluded.

We shall continue to keep in close touch with the United States on this subject as we prepare for the NATO summit in London from 4 to 6 July.

Does the Foreign Secretary accept that the best thing to do with these relics of the cold war would be to return them to the United States of America? If he is not prepared to do that, will he tell the House against whom he anticipates the weapons ever being deployed?

My hon. Friend the Member for Welwyn Hatfield (Mr. Evans) mentioned the problems in the middle east. As so many nasty regimes in that area still possess very nasty weapons, would not it be a mistake for us to throw down our arms at this stage?

What we agreed at Turnberry—as has been agreed many times before and as will be agreed many times in the future—is that the 16 NATO allies need an appropriate and sensible mix of nuclear and conventional forces at the lowest level consistent with our security needs. That mix of forces, under an integrated command, is designed to deter attack on our area from any quarter.

Can the right hon. Gentleman explain how it was that a few days before President Bush announced that there would be no modernisation of short-range nuclear weapons, the Prime Minister was alone in NATO in continuing to advocate the modernisation of such weapons? Will he ask the Prime Minister to stop doing what she was doing yesterday—that is, jabbering on about the NATO flexible response strategy, given that the intermediate nuclear forces treaty and the American decision not to modernise short-range weapons mean that that strategy is dead?

Not for the first time, the right hon. Gentleman is confusing two issues. He is confusing the follow-on to Lance, which is what President Bush has abandoned—he consulted my right hon. Friend the Prime Minister in Bermuda before making the announcement—and the general position of NATO, which my right hon. Friend continues to emphasise. I do not know what the Labour party's position is, but our position is the one that I have just stated: we need a sensible mix of conventional and nuclear weapons, including weapons below the strategic level, to protect our security.

Nuclear Non-Proliferation Treaty

4.

To ask the Secretary of State for Foreign and Commonwealth Affairs what consultations he intends to have with other Governments in advance of the non-proliferation treaty review conference.

The United Kingdom is one of the three depositary powers of the nuclear non-proliferation treaty, and we consult regularly with the other depositary powers and other interested parties.

Following the successful military use of chemical weapons in the Iran-Iraq war, should not we be even more terrified at the prospect of countries such as Argentina, Iraq and Pakistan—to name only three—developing nuclear weapons? Is not the best contribution that the British Government can make in this matter to hasten progress towards a comprehensive test ban treaty? Only if the nuclear weapons states make progress in that direction can we have the maximum impact against the proliferation of nuclear weapons in third-world countries.

I share the anxiety that the hon. Gentleman expressed in the first part of his question. We were interested in President Mubarak's initiative for the middle east. The extension of the non-proliferation treaty would he the best way of carrying the matter forward, in the middle east and elsewhere. On the partial test ban treaty, the hon. Gentleman will know the Government's position, which was shared by the Labour party when it was in power: as a nuclear state, we must have the right to test our weapons to ensure that they work.

Is my right hon. Friend aware of the great concern in this country and throughout the democratic world about the prospect of some of the tinpot military dictatorships in the middle east acquiring a nuclear and biological weapons capability allied to a long-range delivery system? Is not it time for us to work closely not only with our European partners and our American allies, but with the Soviet Union, so that those countries are effectively persuaded not to go ahead with those programmes in the year ahead?

I agree with my hon. Friend that the only way to avoid what would be a very unstable and inefficient attempt to set up a complex deterrent system in the middle east would be the spread of the nonproliferation treaty. That is the objective of our diplomacy.

Does the Foreign Office accept that the greatest possible nuclear flashpoint has now moved from Europe to the middle east? Amid all the hope and excitement in eastern Europe, the Soviet Union and South Africa, will the Foreign Office make it a priority to secure a settlement in the middle east that will stop that flashpoint becoming a reality?

I agree with the right hon. Gentleman. There are perhaps two dangerous flashpoints at the moment—one in Kashmir and the other in the middle east. My right hon. Friend the Secretary of State has already conveyed the sense of urgency that the Government feel about progress in the middle east.

Drugs Trade

To ask the Secretary of State for Foreign and Commonwealth Affairs what steps he has taken to assist the international community to strengthen its offensive against the drugs trade.

The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs
(Mr. Tim Sainsbury)

We are vigorously pursuing action internationally against drugs. We hosted the recent world ministerial drugs summit in London, and are playing a leading role in United Nations and European Community anti-drugs co-operation. We have expanded our overseas drug-related assistance programmes, and have so far signed 15 bilateral agreements or arrangements for tracing, freezing and confiscating the proceeds of trafficking.

I am grateful to my hon. Friend for his reply. I know his deep concern about the international drugs trade. Can he confirm that we are unlikely to make much progress in tackling that evil trade until we have the fullest possible international co-operation among as many countries as possible.?

I very much agree with my hon. Friend about the need for international co-operation. One of the very welcome aspects of the world ministerial drugs summit was that 127 countries unanimously agreed on the need for international co-operation to counter drugs trafficking.

Does the Minister agree that we shall not make progress in fighting that evil trade until we seriously address the problem of crop substitution? The economies of many third-world countries are heavily dependent on the production of marijuana and cocaine. Will the Minister assure the House that the Foreign Office is continuing its support for the sugar protocol?

I am sure that the hon. Lady recognises that alternative development or crop substitution is one of the important ways in which that trade can be countered. That is only one way, but it is something which we recognise as important. Indeed, our support for the United Nations fund for drug abuse control, which plays a leading role in alternative development, is evidence of our support for crop substitution and alternative development. Indeed, we are the fifth largest donor to UNFDAC.

Political Union

6.

To ask the Secretary of State for Foreign and Commonwealth Affairs what progress has been made in formulating the United Kingdom position on political union; and if he will make a statement.

We are active in all those Community discussions. I set out our views in some detail in the debate in the House on 11 June.

With regard to subsidiarity, my right hon. Friend will be aware of the necessity to protect the best features of our national and local democracy. What assurance can he give the House that that will amount to more than crumbs from the European Commission's table?

I listened to my hon. Friend's particularly interesting speech on that theme on Monday, and I commend it to the House. The powers of the European Community are not vested in the Community and then, as it were, the Community lets us have some crumbs from the table. It is the other way round. In the treaty of Rome, the treaty of accession and the Single European Act, this country, this Government and this Parliament have given certain clearly defined powers to the Community. Therefore, those powers cannot be increased without the same process and amendment of the treaties.

Does the Secretary of State recognise the inconsistency of European politicians who speak about political union and who, at the same time, use every opportunity to restrict movement within the European Community? Does he deplore the partitionist policy of the Dublin Government in forbidding their citizens to have day-trip shopping in Northern Ireland? Does he condemn the decision of the Dublin Government yesterday to defy the European Court, which condemned the 48-hour shopping restriction?

The right hon. Gentleman is right. There is an occasional and lamentable gap between the Europe of phrases and the Europe of facts, and it is part of our job in this country to try to bring the Europe of facts into line. I assume that bonfires are burning on the mountains of Mourne today as a result of the European Court's decision against the Republic. I am sure that the Irish Government will pay proper, due regard to the findings.

No one is quite sure what is meant by European political union. If further powers are to be given to European institutions with regard to the initiation of policy, will my right hon. Friend undertake on behalf of the House that, if there is to be further policy initiation by the European Community, it should be done by elected bodies and not by the civil service or Treasury?

We now know more clearly what political union does not mean. Thanks to the answers to questions that my right hon. Friend the Prime Minister put at Dublin, it does not mean doing away with our basic national institutions or powers of peace and war. What will happen under that heading is a search for greater effectiveness of the Community's institutions, and part of that is democratic accountability. We believe that there is a stronger role in that process for national Parliaments —not just this House—across the Twelve. It is encouraging that that view is held increasingly in other member states as well.

I am sure that the whole House will be gratified that the Prime Minister has been able to save the monarchy at one fell swoop in her discussions at Dublin. Is the Foreign Secretary aware of the speech made by the Secretary of State for Trade and Industry last Tuesday, when he advocated a future Europe of two speeds, with Britain at the second and lower speed? On Thursday, the deputy Prime Minister advocated an integrated Europe, with Britain not in an outer circle, in the same way as Austria, and incapable of influencing events that are going on there. Is the Foreign Secretary in the Ridley camp, the Howe camp, or has he a tent of his own?

The hon. Gentleman will achieve even greater performance in his political career if he actually studies the texts that he describes before manufacturing differences that do not exist. My right hon. Friend the Secretary of State for Trade and Industry is not suggesting that Britain should in some way be in a secondary position. What we are doing is maintaining a central position by active, constructive and, I hope, agile thinking in all the discussions. It is not in our interests that we should be left behind or be negative in the discussions.

Latin America

7.

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the United Kingdom's relations with the Latin American countries.

We have excellent relations with the countries of Latin America, and strongly support the return to democracy in the region.

Is my hon. Friend aware of the widespread unease in Latin America because of our concentration on events in eastern Europe? What reassurance can my hon. Friend give our Anglophile friends in Latin America that that concentration will not lead to a reversal of the growing interest that we are now showing in the region?

I am happy to have this opportunity to reaffirm our interest in the region and to assure my hon. Friend that in no way does our interest in important events in eastern Europe detract from the importance that we attach to our relations with Latin America. Indeed, I draw his attention to the fact that several distinguished Latin American leaders, including the Presidents of Mexico and Colombia, and the President-elect of Brazil, have recently visited London.

What agile thinking are the Government giving to the speech in the western Amazon of President Collor de Mello who, unlike President Sarney, is in favour of debt-for-nature swaps?

I assure the hon. Gentleman that we give a great deal of thought to the assistance that we can give to protect the environment, particularly the tropical and rain forests of Latin America and Brazil. Debt-for-nature swaps is one issue which has been raised and one suggested way of achieving better protection which will certainly receive consideration.

Will my hon. Friend assure the House that he will apply ever more agile thinking, particularly in terms of economic support and ensuring that the European Community is outward looking, to ensuring economic stability, without which political developments cannot be successful?

We certainly attach the greatest importance to economic stability and progress towards greater prosperity in the region because that is an important way of supporting democracy. The European Community is taking an active interest in seeing what it can do to promote trade in the region. Recently it reached an agreement with central American countries to that end.

Middle East

8.

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the latest progress towards the release of British hostages held in the middle east.

The recent release of two American hostages is a welcome development. We very much hope that it will be followed by the release of all hostages in Lebanon. Those events show that Iran and Syria can, if they wish, use their influence effectively to bring about the release of hostages. We urge them to persevere. The holding of hostages, whether in Lebanon or elsewhere, is wrong in itself and in no one's interest.

Will the Minister acknowledge that, besides British hostages, nationals of many countries are held captive in the middle east? Does he agree that incarcerating innocent individuals will not solve the many difficult problems of that region? Will he consider convening a conference in London, under United Nations supervision if necessary, to try to reach common agreement that the tactic of kidnapping individuals for political reasons will be abandoned and that all captives will be released?

The hon. Gentleman is right. The House, with its natural concern for British citizens, concentrates on them, but many other people are held, and more Lebanese than any other nationality. I am interested in his suggestion. It is already against all international and national laws to hold hostages. I doubt whether such a conference would take us much further forward, but we rule out nothing and try to discuss these matters in every available forum.

Does my right hon. Friend agree that, in efforts to assist the hostages, the best way of pursuing parliamentary relations and diplomacy with Iran is through a properly constituted parliamentary exchange with the Iranian Majlis which should consider not only the hostages but all aspects of our relations, including hostages?

I am aware of the suggestions for a parliamentary delegation. That could help. Those who are concerned, including my hon. Friend, are in touch with the Foreign Office about it.

Is not the taking of hostages a most barbaric action which causes immense strain and torture, first and foremost to the victims, but also to their loved ones who, month after month and year after year, simply do not know whether the person is alive or dead and, if alive, under what circumstances? Does the Minister agree that with or without a delegation to Iran or any other action, it is essential that the Government, together with the Opposition in this Parliament, make it clear that there can be no appeasement of those who are responsible for kidnapping? If there were such appeasement, it would undoubtedly be an incentive for further kidnapping.

I agree wholeheartedly with the first part of the hon. Gentleman's question. I have spent many hours with the families of the British hostages—both the Waites and the McCarthys. I pay tribute to Mr. McCarthy senior, who is one of the most remarkable people I have ever met. The hon. Gentleman is right that there can be no question of appeasement in any of these matters. But it is vital to see whether genuine misunderstandings can be removed and to improve background relations if we can. None of those who hold hostages, whether Israel, which took Sheikh Obeid last year, the Hezbollah groups or others, advance their cause by so doing.

Does my right hon. Friend agree that agile thinking is needed when considering the problem of hostages? Does he agree that the way to do so is to develop stronger links with Iran and, preferably, eventually to re-establish full diplomatic relations with that country? Only through that process shall we be able to put pressure on those in the Lebanon who hold British hostages and eventually persuade them to release their hostages.

Yes, but we should remember that Iran broke relations with us. We believe that we have some legitimate complaints against Iran, including the problems with Mr. Rushdie and Mr. Cooper and the influence which we know that Iran can now exercise over hostage groups. None of that means that we should not explore the signals that are being sent from Iran. We welcome what Mr. Moussavian said recently in the interview with The Sunday Times. My right hon. Friends the Prime Minister and the Foreign Secretary made it clear that there was no question of the British Government or the British people wishing to insult Islam or any other of the great religions.

Antarctica

9.

To ask the Secretary of State for Foreign and Commonwealth Affairs what representations he has had expressing concern about non-scientific activities in the British Antarctic territory.

10.

To ask the Secretary of State for Foreign and Commonwealth Affairs what measures he is taking to ensure that the environment is protected in Antarctica.

We have received representations from many hon. Members and members of the public. We fully support and comply with the relevant obligations under the Antarctic treaty system and the Antarctic minerals convention, which offer the best possible means of protecting the Antarctic environment.

Does the Minister accept that any commercial exploitation of mineral reserves in Antarctica would cause intolerable environmental damage? Does he agree that the Government's position to date will have the practical effect of allowing industrial diggers to slip in via the back door? Will he give the House a categorical assurance that he will support the creation of a world park for Antarctica to give some protection to that last unspoilt corner of the planet?

I fear that the hon. Gentleman has not studied either the provisions of the minerals convention, the history which led to its being on the table, or the widespread support for it of most of the nations that are parties to the Antarctic treaty. Our objective is to achieve the best possible protection for the Antarctic environment. In the absence of a minerals convention, there is nothing to protect the Antarctic against mineral exploitation and exploration. I hope that the hon. Gentleman wants that protection to be in place as soon as possible.

Does the Minister accept that we have before us a proposal from the French and Australian Governments for a wilderness reserve and a proposal from the West German Government for a 50-year moratorium? Both are enlightened and workable solutions. Why do not we support them? Is not it time that we were on the side of the goodies just for once?

I repeat my answer to the hon. Gentleman. If he studied the history of the Antarctic treaty system and the protection that it has provided to the Antarctic for 30 years, and if he would realise that it has taken about 10 years to arrive at an agreement on the minerals convention—in the absence of a minerals convention there would be no protection for the Antarctic environment—he would surely welcome that convention coming into force as soon as possible. We can move on from that to a comprehensive further package of environmental protection which we look forward to discussing at the next meeting in Santiago later this year. The hon. Gentleman must be aware that other proposals that have been put on the table by no means command unanimous support and, therefore, cannot be implemented. In the absence of the implementation of such proposals, surely a minerals convention that can command support is worth having.

Does my hon. Friend agree that we must not have the sort of deadlock that occurred over the problem of fishing for whales when almost all the whales in the southern hemisphere were slaughtered? I fully realise that my hon. Friend will take a compassionate view of this matter because we are the party of environmental protection. This could be the first major environmental issue for the Conservative party. There must be a compromise. Some part of Antarctica must be preserved for nature and for future generations.

I assure my hon. Friend that the minerals convention provides the strictest regime of environmental protection anywhere in the world. It is by no means a charter to allow the exploration or exploitation of mineral resources. Indeed, it is not known whether there are substantial mineral resources in Antarctica. The convention provides for exploration to be carried out only with the consensus of the parties to the Antarctic treaty, who would give priority to ensuring that environmental protection was built into any action that might be taken.

Does my hon. Friend agree that if the minerals convention is not supported, the Antarctic treaty system may collapse? If that happens, the whole continent of Antarctica will be open to exploitation by other countries.

My hon. Friend makes an important point. I am sure that we all agree—at least I hope we do—that it would be disastrous if the Antarctic treaty system collapsed, especially given its success over the past 30 years in providing protection to the Antarctic, keeping peace in the region and eliminating territorial disputes. The minerals convention would add substantially to the protection of the Antarctic environment. I hope that we shall see its early agreement and then move to a comprehensive package of environmental protection.

Why does not the Minister now accept that, as we predicted when we opposed the Antarctic Minerals Act 1989, Australia, France, New Zealand and other countries will never sign the minerals convention because it is a prospectors' charter? Therefore, at the very least, at Santiago in November will the Minister support the German compromise for a long-term moratorium on mineral prospecting in Antarctica? If he does not, the United Kingdom will once again be totally isolated and the Prime Minister's "green mantle" will be shown up for the fraud that it is.

I seem to remember that the attitude of the Labour party to that Act was inconsistent. It changed its mind during the Act's passage. The hon. Gentleman seems to have overlooked the fact that 19 countries support the minerals convention. Therefore, it is wrong to talk about isolation and even more in error to refer to the minerals convention—which, as I said, provides the most stringent regime of environmental protection anywhere in the world—as in any way a charter for mineral exploitation.

Horn Of Africa

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement about the situation in the Horn of Africa.

In both Ethiopia and Somalia fighting has continued between Government and rebel forces with consequent suffering for the civilian population. We have participated actively in efforts to promote negotiations which offer the only prospect of lasting solutions and of tackling the problems of famine, refugees and underdevelopment.

From the Minister's reply it is clear that he accepts—as, I am sure, does the whole House—that many people in both countries are still suffering from the effects of famine now and that it is likely that that famine will damage children, if they survive, for the rest of their lives. Will he redouble his efforts to bring peace to the area because only by ending the conflict can the problems of famine in the short term and of the long-term development of the area be tackled?

The hon. Gentleman is right that the underlying restoration of peace is vital. We welcome the steps that have been taken by Mr. Nyerere and President Carter to get talks going on Ethiopia. There now seems to be some hope of them making progress; the Ethiopians have accepted the idea of a United Nations observer and we hope that the Eritreans will respond.

Does my right hon. Friend agree that the only other country in the African continent that can assist with resources is South Africa, which is already doing what it can? Therefore, when Mr. Mandela visits my right hon. Friend and his colleagues in July [Interruption.]

Order. The hon. Gentleman has a right to put his supplementary question in the way that he thinks proper.

When Mr. Mandela visits my right hon. Friend in July, will he impress upon him that his sanctions policy is futile, and out of date and will deny the peoples in the Horn of Africa the assistance that they could get from a prosperous and economically strong South Africa, which is anxious to help them?

It is true that the most powerful economy of the continent should be governed by a just and proper constitution and that all the people should share in the ownership of the economic assets and in the political system that controls them. It is true also that those who seek to damage that economy for no other reason, as far as I can see, than to support an outdated position on sanctions are not helping the continent.

Cambodia

12.

To ask the Secretary of State for Foreign and Commonwealth Affairs what plans he has to review the Government's position on the seating of Cambodia at the United Nations when the matter comes before the credentials committee later in the current year; and if he will make a statement.

With our EC partners we are reviewing our policy towards Cambodia's representation at the United Nations. In doing so we shall be taking into account the efforts of a range of countries, notably the five permanent members of the United Nations Security Council, to achieve a comprehensive political settlement.

May I draw the Minister's attention to a report by Mr. Raoul Jennar on the situation in Cambodia in which he states that because of the termination of aid from eastern Europe the Government in Cambodia will not survive for more than six to 18 months, and that the only force capable of filling the vacuum is the Khmer Rouge? Will he give an undertaking that in no circumstances, in September or October when the decision arises in the United Nations, will we vote again for the coalition which contains the Khmer Rouge?

The hon. Gentleman will be aware that active negotiations are taking place to achieve a comprehensive political settlement. That is surely the right way to achieve lasting peace and stability in Cambodia. We hope that the negotiations, with the United Nations playing a leading role, will enable us to establish a supreme national council which would occupy the seat for Cambodia at the United Nations. We must not anticipate the outcome of the negotiations, but we cannot want them to fail.

Does my hon. Friend accept that it is offensive that the seat at the United Nations for the Cambodian people should be held by people who are at least the henchmen of Pol Pot? Will my hon. Friend do everything in his power to ensure that the United Kingdom and the international community stand up to those people, especially at a time when the offensive by the Khmer Rouge forces is getting closer to Phnom Penh?

I assure my hon. Friend that we have made clear on numerous occasions our repugnance for the Khmer Rouge regime. We have not supplied assistance to it of any kind at any time. The objective must be to achieve peace and stability in Cambodia through a comprehensive political settlement, and that is the end to which we are working with our partners among the permanent representatives at the United Nations. I hope that we shall succeed in time for a supreme national council to represent Cambodia at the United Nations.

Europe (Security And Reconstruction)

13.

To ask the Secretary of State For Foreign and Commonwealth Affairs what recent consultations he has held with other Foreign Ministers of the European Community concerning security and reconstruction in Europe.

My right hon. Friend has attended meetings with all or some European Community Foreign Ministers in Ireland on 19 to 20 May, in Copenhagen on 5 June and at the NATO meeting at Turnberry on 7 to 8 June.

Does my hon. Friend agree that the climate is now extremely positive and is based on a common recognition of the dual importance of the European Community as the motor for European economic reconstruction and of the Atlantic alliance as the necessary umbrella of security? Within and outside them, does my hon. Friend agree that political co-operation between the European states and the conference on security and co-operation in Europe process, bringing in the superpowers on the edge of Europe, is also extremely important?

My hon. Friend is right to draw attention to the different but sometimes overlapping roles of the various bodies. There is a growing consensus among member states that the Community's principal role must continue to be the economic one in which it has already been extremely successful. There is a strong view in NATO that it must remain the underpinning strength of the security system in the west. My hon. Friend is also right to draw attention to the possibilities for expanding and enhancing the role of the CSCE.

Given that the Government have done a deal with the French to locate the new European development bank in London, will the Minister support the application by the London borough of Newham to have that bank located in Stratford, or at least somewhere within the bounds of the people's republic? Will he acknowledge that the people of Newham have suffered so much and for so long under capitalism that we should at least gain some of the minor advantages of having the bank located there?

I am delighted to hear of the London borough of Newham's enthusiasm for this symbol of capitalism. No doubt Mr. Attali, the president of the new bank, will listen carefully to its request; but the location is a matter for the bank to decide, not us, although of course we are giving it every help in its search for premises.

Has my hon. Friend seen reports that yesterday President Gorbachev referred to a union of sovereign states as a possible solution to the problems arising between the Baltic republics—and other republics in the Soviet Union—and the central Soviet Government? Is not that a positive concept? Will the Government do what they can, in consultation with their Community colleagues, to support that idea in the Soviet Union?

The matter must be resolved between the Baltic republics and the Soviet Union. It is good news that there are signs of flexibility, and I hope that a dialogue can take place quickly to resolve what is, at the moment, an unhappy position.

German Unification

14.

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on Her Majesty's Government's current policy on German unification.

We warmly welcome the prospect of German unification. I am working with the Foreign Ministers of the United States, France, the Soviet Union, the two Germanies and others concerned to settle the external aspects of German unification as soon as possible.

What will be the status of a reunited Germany in relation to the European Community? Will a reunified Germany have to apply for membership of the Common Market, or will it automatically become a member?

East Germany proposes to join West Germany under article 23 of the Federal German constitution, which provides for such a move, and the European Community is taking account of that. If the hon. Gentleman has at the back of his mind the notion that Scotland could slip quietly out of the United Kingdom and quietly back into the European Community as a new and separate member, that is richly absurd.

In her statement to the House yesterday, my right hon. Friend the Prime Minister said that President Gorbachev had discussed with her the possibility of the Federal Republic of Germany's being called on to pay the costs of the repatriation of Soviet troops from the DDR under any withdrawal plan. Was any figure put to the Prime Minister, and was any discussion entered into with the Federal German Government about the matter?

That is not primarily a matter for us. As far as I know, no figure was put to my right hon. Friend the Prime Minister in that discussion. I would expect there to be contacts and discussions between the Soviet Government and the Federal German Government if that point were to be pursued.

Middle East

15.

To ask the Secretary of State for Foreign and Commonwealth Affairs what new initiatives Her Majesty's Government have taken recently to help the middle east peace process.

I refer the right hon. Gentleman to the reply given earlier by my right hon. Friend the Secretary of State.

Does the Minister agree that there has so far been a wholly inadequate response by Israel to the initiatives taken by the PLO leader in recognising that state and in restraining terrorism? In the absence of pressure from the United States, will he consider a European Community initiative to persuade Israel to pursue the path of peace?

Many times the general consenus in the House has been to urge a positive response from Israel to the steps that were taken in Algiers by the Palestine National Council and the PLO. We hope, although with some foreboding, that the new Government in Israel will make such a response. I do not rule out a role for Europe. Doubtless my right hon. Friend the Secretary of State will be discussing the middle east at the next meeting of Foreign Ministers.

Does my right hon. Friend accept that in the House and in the world there is a great feeling for world Jewry and the problems that they suffered in the great war? But does my right hon. Friend also accept that there is a feeling that the new Government in Israel are set upon a path that may drag us all into another conflict from which nobody could gain? Will he urge the new Government in Israel to accept that the Palestinians have a right to their place in the sun that shines on them all, as does every other people? If they do not adopt such an attitude the Israeli nation—the Jewish people—will lose a great many friends.

I would be a little careful about associating Jewish people with the policies of the state of Israel. We had our arguments with the previous Government of Israel, but there are many Jewish people, inside and outside Israel, on both sides of the argument. However, I thoroughly agree with my hon. Friend that the right of the Palestinian people to a secure home and to self-determination is as absolute as that of the inhabitants of Israel.

Antarctica

16.

To ask the Secretary of State for Foreign and Commonwealth Affairs what recent discussions he has had with the Governments of France and Australia on the future of Antarctica.

There have been no formal discussions with the French or Australians at governmental level. The French ambassador and Australian high commissioner called on me on 3 May to present their joint proposals for environmental protection in Antarctica, for consideration at the special Antarctic treaty consultative meeting in Santiago in November.

Does the Minister agree that many people in Britain and elsewhere are deeply suspicious of Governments such as ours who talk green, but who, in their next breath, promote multinational corporations which spill their oil across the seas and spoil wildernesses such as those of north America, Africa and Asia? Does he understand that the world needs an imaginative gesture, and that a continental wildlife park in Antarctica would be the right one?

I suspect that the hon. Gentleman knows that he is talking nonsense. Negotiations on the minerals convention began in 1982 and were concluded in 1988 by consensus of 33 countries, 19 of which—the majority—signed the convention. That convention will give unparalleled protection from mineral prospecting in the Antarctic; without it there would be no legally binding or enforceable protection for the Antarctic environment. I hope that the hon. Gentleman will welcome its coming into force at an early date.

Romania

17.

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on Her Majesty's Government's reaction to the outcome of the Romanian elections held on 20 May.

The elections were an important step towards democracy. However, much remains to be done if Romania is to develop into a truly free society.

All of us welcome the steps that Romania is taking towards democracy, but will my right hon. Friend make it clear to the Romanian Government that membership of the democratic family depends on there being truly free elections and a system of justice which ensures that people who are guilty of crimes under the former regime are called to account?

I agree with my hon. Friend on both points. We shall be watching what constitution the new constituent assembly in Romania—which is effectively what it is—now brings forward. We shall want to look at the gamut of protection of the rights of the individual, and so on.

Middle East

18.

To ask the Secretary of State for Foreign and Commonwealth Affairs when he next plans to meet a representative of the Government of Israel to discuss the middle east peace process.

We regularly discuss with the Israelis the urgent need for peace in the middle east. They are well aware of our view that direct negotiation between Israel and representative Palestinians is an essential first step.

Does the Minister agree that the formation of that extreme Government in Israel is deeply worrying—it is even supported by a party which calls for the expulsion of the Palestinians from the west bank and Gaza—that we need urgent action, and that the answer is for the United States to pressurise the Israeli Government into negotiations? Through the European Community, we could have a big new high-profile initiative to put pressure on America, which in turn could bring Israel to the negotiating table. Those matters are now very urgent.

I share the hon. Lady's sense of urgency. Let us see what the new Government in Israel propose. Let us hope that they surprise us. Some of their supporters, as the hon. Lady says, were hard line in their previous statements, but let us see what they propose. What is needed is the dialogue to which I referred, and every day that passes makes that dialogue more urgently required.

Staircase Refurbishment, Foreign Office

19.

To ask the Secretary of State for Foreign and Commonwealth Affairs what has been the cost of refurbishing staircases in the Foreign Office during the past 12 months.

Work on refurbishing the two important staircases in this grade I listed building has extended over the past 24 months at a total cost of £361,000.

I thank my hon. Friend for that reply. Is he aware that The Times stated that that work was costing £30 million which, translated into medieval terms, is vastly more than Michelangelo got for painting the Sistine chapel? If what my hon. Friend says is correct, The Times should be asked to insert a correction, but if The Times is correct, most taxpayers will be appalled at that sort of indulgence by the Foreign Office on a building which hon. Members hardly ever see, much less the taxpayer.

I assure my hon. Friend that the figure that I have given is the correct one. A much larger scheme of refurbishment is being undertaken in what are known as the Old Public Offices. It is the first major scheme of refurbishment since they were built some 130 years ago, it is much needed and it will bring many worthwhile benefits.

Ballot For Notices Of Motions For Friday 29 June

Members successful in the ballot were:

  • Mr. John Bowis
  • Mr. Tony Banks
  • Mr. Gerald Bowden.

Bills Presented

Ban Of Imports (Child Labour)

Mr. Jimmy Dunnachie, supported by Mr. Allen Adams, Mr. Jimmy Wray, Mr. Frank Haynes, Mr. Jimmy Hood, Mr. Alan Meale, Mr. John Hughes, Mr. Frank Cook, Mr. Don Dixon, Mr. George Galloway, Mr. Keith Vaz and Mr. Mike Watson, presented a Bill to prohibit the sale of imported goods, the manufacture of which has involved child labour; And the same was read the First time; and ordered to be read a Second time on Friday 20 July and to be printed. [Bill 162.]

Statutory Instruments, &C

With the leave of the House, I will put together the Questions on the four motions relating to statutory instruments.

Ordered,

That the Education (Recognised Awards) (Amendment) Order 1990 (S.I., 1990, No. 1085) be referred to a Standing Committee on Statutory Instruments, &c.
That the draft Double Taxation Relief (Taxes on Income) (Netherlands) Order 1990 be referred to a Standing Committee on Statutory Instruments, &c.
That the draft Double Taxation Relief (Taxes on Income) (Italy) Order 1990 be referred to a Standing Committee on Statutory Instruments, &c.
That the farm and Conservation Grant (Variation) Scheme 1990 S.I., 1990, No. 1126) be referred to a Standing Committee on Statutory Instruments, &c.—[Mr. Kenneth Carlisle.]

Beaches And Coastline (Regulation)

3.32 pm

I beg to move,

That leave be given to bring in a Bill to regulate and control beaches and coastline; and for other purposes.
I am presenting the Bill today because of my experience in my constituency, which has extensive beaches and coastline, where during April a voluntary organisation, made up of 500 volunteerss, collected 3,000 plastic bags and burned 20 tonnes of timber. In a month when the European Commission has confirmed that it is beginning legal action against the United Kingdom Government in the European Court of Justice because of dozens of polluted beaches which have failed the EC minimum standards, it is salutary to remember that an EC directive on pollution was introduced in 1975—15 long years ago. Despite that intervening period, we now find that 109 beaches in the United Kingdom fail the sewage test, and that other hazards have been highlighted.

The Bill will address the environmental concerns—and who is not an environmentalist now after witnessing the Prime Minister's indecent haste to become green? I remind hon. Members that in 1982, at the height of the Falklands crisis, the Prime Minister said:
"When you've spent half your political life dealing with humdrum issues like the environment, it is exciting to have a real crisis on your hands."
We have a crisis every day on our hands. One therefore has to doubt the Prime Minister's political integrity while she demonstrates touching faith in her Secretary of State for the Environment who has been hauled before the European Court of Justice.

My Bill seeks to amend the Merchant Shipping Act 1988 (Commencement) (No. 1) Order 1988 in order to tighten up the penalties for dumping at sea. The Marine Conservation Society claims that dumping at sea is the main source of marine litter and that an estimated 500,000 plastic containers are dumped daily from merchant ships alone. It is also estimated that more than 100,000 marine mammals and 2 million sea birds are killed each year, due to eating or becoming entangled in marine debris.

My Bill would also institute more and better testing than the United Kingdom now undertakes under the EC directive. There are no standard virus tests. In the absence of such tests, my Bill would provide for testing for salmonella and the various enteroviruses, since these are the most serious risks to people's health that scientists hve demonstrated. The Government are not testing for these viruses on most beaches. Where tests have been carried out, the Government have not included the results for the percentage of beaches that have passed the test.

My Bill would also introduce, for sewage disposal, secondary biological-chemical treatment for all towns with a population of more than 5,000. According to the "Nature- programme in March 1989, the Prime Minister said:
"No raw sewage is discharged round Britain's coasts."
I, like many other hon. Members, could take the Prime Minister to my constituency and show her that that statement is not true.

There are many questions that one has to ask. Why, as we approach the 21st century, are 300 million gallons of sewage—much of it completely untreated—entering the seas around Britain? The debris is sickening to environmentalists. Dr. Mark Woombs, of the Knotts End study centre near Morecambe, where children come to learn about the environment, said in the Observer magazine of a few weeks ago:
"Children come here to learn the difference between biodegradable and non-biodegradable matter. Instead, every time one of them comes back with a small green object which they think is a rare plant species. Unfortunately, I have to tell them what it is—a decomposed turd."
My Bill would make it mandatory for signposts to be placed on all designated beaches detailing whether it had passed or failed the bathing water quality standards in the past year. The Bill would also provide for carrying out a proper national survey of the health effects of bathing in contaminated waters. It would also contain a provision for the allocation of £2·5 billion for a capital investment programme to bring Scotland's water and sewerage standards up to those contained in the EC directive. We are keen to ensure that the Scottish water industry receives equality of treatment with that in England and Wales, which received a Government cash injection of £1·02 billion and was allowed to write off £4·5 billion in the run-up to privatisation. It is important that Scotland should be treated in the same way.

I am aware that expense is always uppermost in the Government's mind, but the criterion should be quality, not cost. If, in their privatisation of British Gas, the Government could spend £350 million on telling the British public all about Sid, they can spend a fraction of that sum on telling people that bathing in contaminated water is no good whatsoever for their health. Just like he Government's statements, the odd green pellets that people pick up on the beach are not what they seem at first sight. That is why the need for the Bill is paramount, and that is why I commend it to the House.

Question put and agreed to.

Bill ordered to be brought in by Mr. John McFall, Mr. Alun Michael, Mr. Frank Haynes, Mrs. Maria Fyfe, Mr. George Foulkes, Dr. Norman A. Godman, Dr. Kim Howells, Mr. Brian Wilson, Mr. Thomas Graham, Mr. Paul Flynn and Mrs. Alice Mahon.

Beaches And Coastline (Regulation)

Mr. John McFall accordingly presented a Bill to regulate and control beaches and coastline; and for other purposes: And the same was read the First time; and ordered to be read a Second time upon Friday 6 July and to be printed. [Bill 161.]

Orders Of The Day

British Nationality (Hong Kong) Bill

Not amended (in the Standing Committee), considered.

New Clause 12

Governor's Annual Report

'The Governor of Hong Kong should submit to the Secretary of State an annual report on the discharge by the Governor of his functions under this Act.'.— [Mr. Peter Lloyd.]

Brought up, and read the First time.

3.39 pm

The Parliamentary Under-Secretary of State for the Home Department
(Mr. Peter Lloyd)

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

With this it will be convenient to consider new clause 1—Governor's Annual Report—

'The Governor shall submit an annual report to the Secretary of State on the operation of any scheme made under this Act.'

The Government tabled new clause 12 having seen and approved the intention behind the Opposition's new clause 1. In Committee, we had a useful discussion about how Parliament could keep an eye on the way in which the selection procedures flowing from the Bill and the Orders in Council to follow were progressing under the direction and management of the Governor. In Committee, I said that periodical reports from the Governor to the Home Secretary that would be available to Parliament would be useful.

Both new clauses put that suggestion into legislative form. I hope that Opposition Members will not press their proposal but will support the Government's new clause in preference because it is slightly broader. For instance, new clause 1 would probably not cover registration for wives and spouses. New clause 12 would, by contrast, cover every aspect of the Governor's functions under the legislation. I believe that that extra reach would be welcomed by the House.

I am grateful to Opposition Members for their initiative in taking me at my word in Committee and tabling new clause 1, thus providing the Government with an incentive to table new clause 12. I commend it to the House.

I am grateful to the Minister for tabling new clause 12. As he said, it is probably an improvement on new clause 1 in the name of my right hon. and hon. Friends and myself. It would be useful for the House to be kept informed as to how any scheme introduced by the Bill operates and for the Governor to report formally, as well as informally and through other channels, on how the situation in Hong Kong is progressing.

As the Minister said, new clause 12 covers slightly more points than were raised in Committee. It is not just the operation of the points scheme that I want the Governor to consider. It may assist the House if I outline two or three considerations that I believe the Governor should take into account.

The Bill is about the stability of Hong Kong and how the United Kingdom should best behave and react to the changing circumstances there. Individuals and groups of people in Hong Kong are not catered for under the Bill, and we should become more concerned about them as we move towards 1997. The question of spouses will probably be more conveniently dealt with under a later group of amendments, but there are other aspects that the Governor could usefully consider.

The Minister himself mentioned the operation of the points system. The Committee dealt with it at some length, and it is not my intention to cover that ground again, though other right hon. and hon. Members may want to do so. Suffice it to say that we have some reservations about the operation of the points system. In particular, we believe that it will cater for only a narrow section of the people living in Hong Kong—those who have other choices before them. People who are left behind or who will not qualify under the points system will feel that the Bill does nothing to reassure them.

I should like the Governor's annual report to include an indication of how the system is working in respect not only of its application but of its effect on the population of Hong Kong as a whole.

I should be particularly interested to know whether the jobs left vacant by people leaving Hong Kong are filled by others. A newspaper report two weeks ago indicated that about 40 people applied for each vacancy in the Administration. If that is so, we should be aware of it, so that we can keep our eye on the general position in Hong Kong.

3.45 pm

There are two or three other categories of people not dealt with in the Bill but upon which we touched in Committee. The first group is those with no effective nationality. You, Mr. Speaker, were not able to select our new clause that dealt with this point, and, although it is not my purpose to raise the matter now by another means, I think that I can legitimately touch on the point in this debate, because we are discussing matters that the Governor should take into account when preparing his report.

In Committee, we raised the plight of people who will have no effective nationality after 1997. They are mainly of Indian descent. I know that the Confederation of Indian Organisations has been in touch with the Minister, and that in response to that meeting he wrote to the confederation as follows:
"British nationals have the specific parliamentary assurance given on a number of occasions that if, against all expectation, any solely British national with no claim to Chinese nationality came under severe pressure to leave Hong Kong, the Goverment of the day would be expected to consider with considerable and particular sympathy their case for admission to the United Kingdom. We stand by that assurance."
For the avoidance of doubt, I gave an assurance on behalf of the Labour party in Committee that in the event of our being the Goverment at the time we would give these people the same consideration, unless their position had been dealt with elsewhere.

I mention those people because it is all very well to offer them sympathy and assurances, but that may not be of immediate help to them. The Opposition remain concerned that these people, whom the Chinese do not regard as Chinese for obvious reasons, may find themselves in a difficult position, especially if there is any upheaval or internal division in Hong Kong at or about the time that it passes to Chinese control.

Indeed, these people are excluded from holding high office under the terms of the agreement with China. I should he grateful if the Minister would give an assurance that the Governor will report on their plight, because if they are in difficulty Parliament should be aware of that, earlier rather than later, so that we can, if necessary, do something about it.

I need hardly remind the House that it is now about 20 years since the east African Asian British passport holders were given assurances following upheavals in east Africa, yet many of them are still waiting to come to this country under the terms of the assurances given by successive Governments. Many of them live in Hong Kong, and this loose end in British immigration law is unsatisfactory; people are given assurances and told they will be dealt with under an informal or even a formal system but outwith the mainstream immigration regime, yet they find themselves left in the unsatisfactory state of having only travel documents. That is what British overseas citizenship is: it does not give the right of abode anywhere other than in Hong Kong. If these people find themselves in difficulty in Hong Kong, we have an obligation to them.

The Government have said that an assurance has been given to these people, but I submit that it is not much of an assurance. The Select Committee that went to Hong Kong last year specifically raised this problem and recommended that the Government deal with it.

I mentioned two other categories with whom the Governor should deal. First, the House should be kept informed of the way in which section 4(5) of the British Nationality Act 1981 works. As the Committee heard, 180,000 people are in Crown service in Hong Kong. There have been 540 applications for citizenship under this section of the Act, of which only nine have been granted because only nine qualified under the terms of that subsection.

The Minister gave an assurance in Committee that section 4(5) would work alongside this measure, and I think that the Governor should report each year on the operation of the subsection and on whether any amendments to it need to be made. This is especially important, since Crown servants are to be relied on to keep Hong Kong going and sometimes put themselves in difficult positions because of that, so we should not turn our backs on them.

Finally, the Governor must deal with the issue of children. In Committee we did not manage to persuade the Government that children who are wholly dependent on parents but who are not minors should in some circumstances be granted citizenship so that they will not be left behind. I have in mind, for example, a family with three children, two aged 14 and 12 and one perhaps aged 19. If the 19-year-old were dependent on his or her mother or father—perhaps he was handicapped, or just living in the family unit, as children do in all parts of the world—it would be manifestly unfair if that family had to come to this country and leave one child behind. If the object of the Bill is to provide assurances and to anchor people in Hong Kong, it seems an odd way of anchoring people if one child must be left behind.

I said that family unity and the way in which minor children are referred to in the immigration rules and regulations needs consideration, because the United Kingdom is no longer in harmony even with EC regulations, where the age is 21 and not 18. That must be considered specifically with Hong Kong in mind, although clearly it might have other repercussions.

We are told that Hong Kong is a special case, and I accept that, but the Bill remains deficient in many respects. Many people living in Hong Kong have a need to be looked after rather than a pure economic need, or are in a position where it would be economically more advantageous to keep them in Hong Kong. I am concerned that I am continuing to hear reports that many of the people who will qualify under the Bill will also qualify to go to Canada, Australia and other countries. We are forgetting, or leaving behind, those who may find themselves in difficulty as we approach 1997.

Lest there be any misunderstanding, I reiterate that it remains the hope and wish of every hon. Member that conditions in China and Hong Kong will continue to improve, that the problems of 12 months ago will not recur and that the same transformation will take place on that side of the world as has taken place in Europe, particularly eastern Europe, over the past few years. We must guard against the possibility of things not going as we wish.

If new clause 1 is not accepted, I hope that the Governor will deal with those points, in recognition of the fact that there are genuine concerns among those who care not only about Hong Kong but about how the scheme will work, particularly in relation to those people whom it will not directly affect.

I endorse the comments of the hon. Member for Edinburgh, Central (Mr. Darling). The House hopes that circumstances will change and will evolve on mainland China, rendering the fallback positions enshrined in the Bill either irrelevant or unnecessary.

I am grateful to you, Mr. Deputy Speaker, for allowing me to speak to the new clause, which deals with the functions and duties of the Governor. It is an improvement to a certain extent, because it at least improves the channels of accountability to the House. None the less, I have grave misgivings about its workings and the criteria that the Governor will be asked to bear in mind. It is difficult to set yardsticks by which we measure our definition of the great and good residents of Hong Kong. Many hon. Members find that exercise morally excruciating and difficult to reach a firm view about, because we are being asked to do something that has proved virtually impossible in previous immigration laws and Acts of citizenship, not only in Britain but in other parts of the world.

Does not it also introduce a wholly new idea and basis for immigration? It does not say that people may come to Britain because of their attachment to it, their desire to serve it or to throw in their lot with its people; it allows them to come here precisely because they are, or may be, useful to Hong Kong.

My hon. Friend makes a powerful point, but there is a piece of hard data that goes a long way towards answering his question. We see from the criteria that 50 points out of a total of 800 are to be awarded for "British links". Presumably that is the measurement by the Government and the Governor of the strength of loyalty that these citizens may have to the United Kingdom. I should have thought that, with a measure of 50 points out of 800, we can already see the pitfalls that lie in wait for anyone who tries to establish measures by which these people will be seen as worthy citizens of the United Kingdom should things go wrong in the colony.

The concept of loyalty is an equally difficult concept to enshrine in these criteria and one that I have never seen in any legislation. I am talking about the broader loyalties of a Foreign Secretary in conjunction with the Governor to those who may be under threat in the colony of Hong Kong if things go wrong and about a couple of loyalties which will not enter into the Governor's consciousness but which Conservative Members must maintain—loyalty to our party's manifesto and supporters, and loyalty to the nation. As our party has said many times, we want good community and intra-community relationships to exist and the surety that there will be an end to primary immigration.

We in this country have a moral obligation to those who will be under threat if the mainland Chinese do not honour the traditions and liberties of Hong Kong residents. Amendment No. 42, which may be discussed later in greater detail, expresses a genuine intention to define those people who may be at risk. It refers to people being
  • "(a) in the opinion of the Governor, likely to be in danger of reprisals for services rendered to the Crown before 30th June 1997,
  • (b) liable to become stateless after the transfer of sovereinty over Hong Kong on 30th June 1997."
  • Estimates have been made of the number of people in the so-called "sensitive" categories, including one estimate of 6,300 people. I do not know of any of my hon. Friends who do not recognise the Government's moral responsi-bility to those people. We may be talking about people who have served in the intelligence service or have been members of certain branches of the police force; but what about the people from more mundane professions who may be in a sensitive position if the mainland Chinese so deem it?

    Is a schoolteacher any less of a good citizen or any less loyal to his fellow citizens in Hong Kong or to his links with the United Kingdom than a wealthy employment and wealth creator in Hong Kong? Who is more worthy? How many times have we had debates in the House about the relative merits of certain categories in society? Do we not talk many times about the extent to which we could not create wealth in this country and the extent to which there would not be rich entrepreneurs and job providers if there were no decent trainers and educators to provide the human feedstock and the skills required to generate a dynamic economy?

    My hon. Friend wisely, caringly and sympathetically outlined the relative problem that schoolteachers may face. Perhaps I may illustrate his point. Schoolteachers in Hong Kong probably now teach versions and elements of British history. We have a changing regime in China; it is to be hoped that it will become more benign, but it may remain much as it is at the moment. If that happens, the teaching of British history in schools in Hong Kong may be regarded by the Chinese authorities as subversive. Although a teacher who has been teaching history under the existing regime may not be as wealthy or potentially as useful in the United Kingdom as some other citizens, he or she may be at a greater risk than them after 1997 if the Chinese Government develops as we hope they will not but as they could in adverse circumstances.

    4 pm

    Before the hon. Member for Coventry, South-West (Mr. Butcher) answers that intervention, I should point out that it seems to go very wide of the new clause. The hon. Gentleman must not raise points that may have been raised on Second Reading or allude, as he did a moment ago, to amendments that are to be called later.

    I am grateful to you for your guidance, Mr. Speaker. I should reassure you and my hon. Friends that I have undertaken not to detain the House for more than 10 minutes, so it would not be in my interests to stray too far from the new clause.

    Having noted the point made by my hon. Friend the Member for Northampton, North (Mr. Marlow), I return to the criteria. A major problem lies at the heart of those criteria, which create a set of excruciatingly difficult dilemmas for the Governor, no matter how often he reports to the House through the Foreign Secretary. He is being asked to create lifeboats for key people in Hong Kong, but Hong Kong is a vessel full of people. What signal will the Governor be giving to the generality of the people of Hong Kong if he says, "Lifeboats are available only for 50,000 citizens"? How is that supposed to improve the morale of the ship's complement? That is the Governor's difficulty, and that is why I shall have grave difficulty in supporting the Government in the Lobby tonight.

    The criteria are muddled. They illustrate the central moral dilemma that we have unnecessarily imposed upon ourselves, having already constructed criteria in the British Nationality Act 1981. If the proposals remain unchanged, in two or three years' time my hon. Friends on the Front Bench will have to live with some of the idiocies that the criteria entail, and although the controversy about the Bill may not be great this afternoon, the Bill will provide a framework in which we may face immense problems in three or four years' time. At that point, it will be too late for the House to reconsider its moral responsibilities, its loyalties or the practicalities of the Bill. I know that my hon. Friend the Minister is genuine in his intentions, and I hope that, even at this late stage, he will consider the dilemma with which he will be confronting his successors as we move towards 1997.

    As long as it remains the responsibility of the Government to look after all the people of Hong Kong, it will be possible for Britain to take a decision about their future that may benefit them, without regard to the present provisions. It will be possible for the Government to reverse their decision and for legislative provision to be made to back up any change of course that may be necessary between now and 1997.

    We must address ourselves to the limited scope of the scheme and to its adequacy and consider whether the Governor's annual report on his functions, as provided in the new clause, would make a significant contribution. In my view, it is an acceptable new clause, but it does not go very far because it confines the Governor to reporting on his functions under the Bill.

    The Governor's functions, according to the Bill, are no doubt capable of causing great trouble in respect of all those people who will be disappointed by the fact that they are excluded from the scheme for which the Governor and the Government will be responsible. None the less, those people are concerned about their future. If the Governor's report is intended simply to record how the scheme has operated, it will not tell us a great deal about Hong Kong or its political needs. It will certainly not greatly serve to underpin the Governor's difficult position in that country.

    The new clause does not deal with the point raised by the hon. Member for Edinburgh, Central (Mr. Darling) about the difficult position of people who may well prove to be stateless following 1997. Those people may not enjoy the security of a right of abode in this country or the right to a proper passport entitling them to a right of abode anywhere or a right to be recognised as citizens of the People's Republic of China. They are not specifically provided for in the Bill. The Governor will have no duty to report on that predicament.

    The hon. Gentleman has referred to stateless people in Hong Kong. Will he be kind enough to give us his impression of how many such people there are in Hong Kong, how they got to Hong Kong in the first place, and to what extent, given the different categories of people who are stateless in Hong Kong, the British Government and the British people have any responsibility for them?

    Many are recent immigrants and some arrived in Hong Kong a long time ago. Many have come from the Indian sub-continent and there are many thousands of them. Representations have been made to many Members of this House about their predicament. They are not catered for specifically and the Government have not made any provision that will reassure them. That is a serious matter, and it is shown by the fact that the People's Republic of China, in its treaty arrangement with this Government, has not undertaken to recognise those people even as citizens of the People's Republic. The anxieties of that section of the community, for whom we have responsibility, are real and legitimate.

    The hon. Gentleman is implying that some of the stateless persons in Hong Kong are possibly illegal immigrants. If that is the case, to what extent do we have responsibility for them?

    If I had felt that that was the case, I would not have implied it; I would have said it. Those people are in Hong Kong and they are legally resident there. However, they do not enjoy a proper prospect of citizenship following 1997. It is frankly deplorable that a British Government, at the end of empire, should walk out on those people. I am addressing the matter in the context of the requirement of a report from the Governor about his functions. I stress that that report will be narrow and will not enable us to consider what else should and must be done.

    The hon. Member for Northampton, North (Mr. Marlow) must be aware that we are not debating a fallback position. The provision will come into operation immediately. It does not depend on a change of circumstances in Peking or anywhere else. It is being brought forward now to deal with the present concern of the people of Hong Kong that Hong Kong's economy will be disrupted and the prospects of prosperity undermined if there is an exodus of people in sensitive positions in industry and commerce. Those people want the scheme on which the Government will be required to report to be drawn up quickly. They do not want to wait to see what is coming down the pike or to see whether the Peking Government become like Governments in eastern Europe. They want an assurance now. That is what the Governor will be reporting on.

    This proposal is not a great concession. It is a narrow point. Although it is not something that I would dream of opposing, we must regard it for what it is—a pretty thin concession.

    I welcome the new clause. Without any offence to my right hon. and hon. Friends, I have no fear about the effect of any of the measures in the Bill on British immigration policy. That is no part of my argument, and even though I have had representations from my constituents, I hope that I can take as honourable a view as I took at the time of the issue of the Ugandan Asians.

    We are dealing with the annual report of the Governor and the way in which he will discharge his functions when the Bill becomes an Act. Therefore, we must recognise that the Bill is a response by her Majesty's Government to events in Peking last year as they were perceived in Hong Kong to be likely to affect the welfare of the territory in future. People in Hong Kong would have been less than human had they not been undoubtedly alarmed and concerned about what was going on in the north and the likely implications for their life style in future.

    Although my hon. Friend the Minister is a Home Office Minister, I hope that he will accept that the Foreign and Commonwealth Office cannot be totally divorced from either the contents of this legislation or the Governor's report. I hope that my hon. Friend the Minister will agree that relations between Hong Kong and the People's Republic of China—and, equally important, relations between her Majesty's Government and the People's Republic of China—are an essential fact of life and must be an essential component of the Governor's report to the House, as proposed in the new clause.

    The report and the legislation flow directly from the 1984 joint agreement. That is the basis of legislation determining the relations of the future status of Hong Kong. Under that agreement, the British and Chinese Governments are committed to maintaining the stability and prosperity of Hong Kong. My concern about the legislation has always been that, rather than maintaining stability, it may do just the reverse.

    There will undoubtedly be further changes in China between now and 1997. I hope that my right hon. Friend the Member for Blackpool, South (Sir P. Blaker) will allow me to make two points that he has made succinctly and forcefully many times, and which are of fundamental importance to the way in which we look to the future of Hong Kong.

    First, there never has been any form of democratic regime in China. There probably in our lifetimes—

    I shall refer to that point in a moment.

    There has never been any form of democratic regime in China, and the welfare, stability and prosperity of Hong Kong have never depended upon there being any form of democratic regime in China. However bestial one may perceive Chinese Governments to have been from time to time—it is quite arguable whether the present Government are more or less bestial than their predecessors—it is a fact of life that has always governed relations between Britain and China and between Hong Kong and China.

    Secondly, as the hon. Member for Birmingham, Erdington (Mr. Corbett) has said from a sedentary position, there has never been any form of democracy in Hong Kong. Many of the unelected people—sometimes rudely known as "fat cats"—who purport to speak for the 5 million or 6 million people of Hong Kong probably have rather less knowledge of how the hawker in the back streets of Hong Kong thinks or what his concerns are than we may sometimes be led to believe.

    On the Governor's report, we must recognise that the commitment of both Governments to prosperity and stability relate not only to how we and the people of Hong Kong regard the influence of this agreement on their lives, but how the people of China—the Government of China, in particular—regard the effect of this legislation on their commitment to the maintainance of prosperity and stability.

    I hope that my right hon. Friend the Member for Blackpool, South will agree that some people who recognise the essential truth may have doubts about the following proposition. My right hon. Friend would agree that the welfare of the people of Hong Kong has always been best served when there have been good relations between the British and Chinese Governments. There has never been advantage to the welfare of the people of Hong Kong when Britain and China have been at loggerheads.

    If one accepts that proposition, I am bound to say that the fact that the Bill was produced without any consultation between the British and Chinese Governments, or without the Chinese Government even being informed of Her Majesty's Government's intention to introduce the legislation, is not the best way to ensure the maintenance of good and stable relations between the two countries on which, at the moment and for the foreseeable future, the welfare of the people of Hong Kong depends.

    I am worried that the issuance of passports under the Bill will deprive many Hong Kong citizens of their rights as Chinese citizens. I hope that I am not out of order if, in the light of the wording of the new clause, I remind the House of certain aspects of the two memoranda relating to passports and status which were attached to the 1984 agreement. I have the impression that not every hon. Member is entirely familiar with them.

    4.15 pm

    The first was submitted by the British Government and includes the following proposition:
    "All persons who on 30 June 1997 are, by virtue of a connection with Hong Kong, British Dependent Territories Citizens (BDTCs) under the law in force in the United Kingdom will cease to be BDTCs with effect from 1 July 1997, but will be eligible to retain an appropriate status which, without conferring the right of abode in the United Kingdom, will entitle them to continue to use passports issued by the Government of the United Kingdom."
    The Chinese Government's brief response includes the following:
    "Under the Nationality Law of the People's Republic of China, all Hong Kong Chinese compatriots, whether they are holders of the 'British Dependent Territories Citizens' Passport' or not, are Chinese nationals.
    Taking account of the historical background of Hong Kong and its realities, the competent authorities of the Government of the People's Republic of China will, with effect from 1 July 1997, permit Chinese nationals in Hong Kong who were previously called 'British Dependent Territories Citizens' to use travel documents issued by the Government of the United Kingdom for the purpose of travelling to other states and regions."
    As both the British and Chinese Governments signed and accepted those memoranda, it is inconceivable that a British or Chinese Government could have introduced this legislation without recognising that they influence at least the spirit and, quite possibly, even the letter of the 1984 agreement. What has always worried me about the legislation and the way in which it has been handled is that, in the eyes of the Chinese Government, the British Government appear deliberately to have abused both the spirit and the letter of the 1984 agreement. That does not serve the people of Hong Kong well.

    The Government have said that their objective in the Bill is to keep people, particularly influential and important people, in Hong Kong. Many people who oppose the Bill fear that it will have the opposite effect. So far, the Chinese authorities have made straightforward statements, but if they make it clear that if any Hong Kong Chinese who accepts British citizenship under the provisions of the Bill will not be allowed to stay in Hong Kong or China after 1997, it will drive people out of Hong Kong.

    Is it appropriate or right to allow a Governor in his report to react to circumstances in China which would lead him to believe that the provisions already in the Bill would cause people to leave Hong Kong, having the completely contrary effect to the Government's intention? Should he include that in his report and, if so, should Parliament be able to do something about it?

    My hon. Friend makes a sound point. It is likely that the Chinese Government would deduce that people who take up their right to passports are, in effect, giving up their right to Chinese nationality, and therefore face the choice of either remaining in Hong Kong stateless or coming to the United Kingdom. Nobody is likely to want to take the chance of remaining in a country stateless. There is a real risk that the Bill will encourage people to leave Hong Kong.

    My anxieties have nothing to do with my views on British immigration policy. I am worried about the effect of such an event on Hong Kong. There have always been many people leaving Hong Kong regularly for elsewhere in the world.

    I will answer my hon. Friend the Member for Northampton, North (Mr. Marlow) first, and then I shall give way.

    There has always been a regular outflow of people. Clearly, it is bound to fluctuate from time to time, but inevitably the constitutional changes that will take place in 1997 will create a great deal of uncertainty. In his annual report the Governor should address the likelihood that, when the Bill becomes an Act, instead of a regular flow of people from Hong Kong, there will be a risk of creating a flood. I d o not use that word to be abusive or to imply that there will be a flood of people to Britain. However, there could be a flood or haemorrhage of people from Hong Kong all at one go.

    If one is trying to maintain the stability of a territory, in what worse way could one go about it than introducing legislation that risks creating a sudden haemorrhage of large numbers of people at one time?

    Does my hon. Friend agree that the last thing that the Chinese Government want—my hon. Friend is far closer to the Chinese Government than I could ever be—is to get rid of the people who are making the enterprise culture in Hong Kong work? It is pretty obvious to me that the Chinese Government are looking forward to a wonderful community that will produce vast amounts of money. I do not accept the argument that the more British passports we issue, the more people will be frightened away by a Chinese Government—quite the reverse. The Chinese Government will know that we have hand-picked those people as part of the enterprise culture, and they will do everything in their power to retain them. After all, if Hong Kong is not a thriving port, it is nothing but a little barren rock.

    My hon. Friend is probably closer to the authorities in Taiwan than I am ever likely to be, but that need not preclude our agreeing from time to time on certain matters.

    In a moment. My hon. Friend must let me answer the point made by my hon. Friend the Member for Southampton, Test (Mr. Hill) first, because it is important.

    With respect to some of the Ministers, not at the Home Office but at the Foreign Office, one of the problems is that they were not around when the joint agreement of 1984 was being negotiated, let alone the months and years leading up to it when everyone knew that negotiations had to take place and all sorts of silly phrases such as "leaseback" were in the air. My hon. Friend will remember it. It is probably not too indiscreet of me to say now that I wrote my book called "All change, Hong Kong" in 1983 and had copies scrutinised verbatim by both the Foreign Office and the Chinese Government. Things needed to be said at that time which neither Government felt able to say, and I was the fall guy who said them.

    My hon. Friend the Member for Test is right: the spirit of the 1984 agreement is that, basically, Chinese pride was deeply wounded by our acquisition of Hong Kong, and the ambition of successive Chinese Governments, many of whom were far more vitriolic about Hong Kong than the Communist Government have been since 1949, was the return of sovereignty. As my hon. Friend said, they wanted sovereignty to be returned but Hong Kong to be left as it was.

    The Chinese are not altruistic. That is the last thing that one could accuse them of being. They are self-interested, and they want to retain the wealth and the benefits that they receive from Hong Kong. Their desire and that of the British Government to maintain stability is enshrined in the wealth and benefits that come from Hong Kong. Of course, my hon. Friend is right: the last thing that the Chinese wanted to do, or want to do now, is to drive away from Hong Kong the very people on whom its prosperity depends. My hon. Friend is perhaps implying that, by this legislation, we are likely to further the departure of people from Hong Kong rather than to still it. I believe that that is the point that my hon. Friend made, and it could well be true.

    I wish to take up with my hon. Friend a relevant point. Has not a feature of Hong Kong life since 1984 been the way in which a considerable number of people, without offence to the Chinese authorities, acquired alternative rights of abode in the traditional immigration reception countries of the United States of America, Canada and Australia? Is it not important that the Governor's annual report tells Parliament what is happening about that trend? Many of us fear that, instead of acquiring rights of abode in those countries which have traditionally always welcomed immigrants, people will turn their attention to emigrating to Britain.

    My hon. Friend has a point. Given the remarks made by my hon. Friend the Member for Test, I suppose that I should have declared my interest as the chairman of the British-Chinese parliamentary group. As a member of the Select Committee on Members' interests, I am not sure whether I should have done that earlier. However, I hope that the hon. Member for Workington (Mr. Campbell-Savours) will not give me too hard a time as I continue my speech.

    My hon. Friend the Member for Wolverhampton South-West (Mr. Budgen) has made a valid point. Recently in Hong Kong, discussing among other matters the one that he has just raised, I discovered that the lowest going price for a passport was $HK50,000 for a passport for the Dominican Republic. Perhaps, in the report that the Governor produces to Parliament, he should also produce an annual chart of the going rate for a passport for any given country. There is nothing particularly new about that.

    One aspect to which my hon. Friend did not allude but which certainly concerns me—perhaps the Governor could turn his mind to it—is whether, under the Bill, we shall create a market for jobs with British passports. There is a market in just about everything else in Hong Kong, and I cannot see any reason why jobs that carry the likely right to a passport, under the Bill, will not have a price. Personally, I have never discovered anything in Hong Kong that does not have a price.

    Does the hon. Gentleman believe that the Chinese authorities would ever know the identities of those who could not manage to secure a right of abode in the United Kingdom?

    I had not considered that, but it is an interesting question. I do not know, but I suppose that one would have to look into the procedures. The hon. Gentleman should address to the Minister the question whether all the applications will be handled in total secrecy and how that secrecy is to be maintained. The retention of such secrets in a place like Hong Kong may not be easy—

    I am more than happy to give way to my hon. Friend if other hon. Members do not think that I am taking up too much time.

    I believe that the hon. Member for Workington (Mr. Campbell-Savours) was looking at and referring to me when he made his intervention. Whether or not the Chinese authorities come to know about those who will have the right of abode under the provisions of the Bill—and they probably will—what is more important than that—

    Well, what is more important than that is that those people who do receive the right of abode will go through their lives with the assumption that the Chinese authorities will get to know that information?

    That is a somewhat esoteric point, which I had not been going to cover and on which I have no information, because there can be no information. That is an additional concern, but I am anxious—

    Will my hon. Friend ask the Minister to assure us on that point, because it is exceedingly important that we know? The Minister is sitting on the Treasury Bench and he should know.

    I am not joining an attempt to filibuster the Bill. I do not like the Bill—[interruption] I do not wish to be unkind. The House voted to give the Bill its Second Reading and I gather that the mood of the House is to allow the Bill to pass, but I am anxious to put on record some of my thoughts and worries, which should concern other hon. Members, which, I am sure, bother Sir David Wilson and which I hope he will be minded to include in his report.

    The last two or three points that have been made have related to the sort of place that Hong Kong is. It is a mercurial place, with one of the most irresponsible presses in the free world, for which sensation and rumour are the order of the day.

    I am sorry that my hon. Friend the Minister of State is not in his place. When he was last in Hong Kong, having read the South China Morning Post and other newspapers and believed what was in them, he thereupon made a statement about how many passports the French and West German and other Governments would offer the citizens of Hong Kong. I must advise him that it must be quite some time since any Minister from the Foreign and Commonwealth Office can have achieved such a swift response from friendly Governments, remonstrating at what a British Minister had said. Even the Canadian Government were constrained to object to the British Government about what my right hon. Friend the Minister of State had said.

    Therefore, I hope that care will now be taken by Ministers and that they will recognise that, although we do not have to like or admire the Chinese, we must recognise the facts of life and that they are there and will assume sovereignty. Their good will and their interpretation of this legislation are of vital importance to the people of Hong Kong. Therefore, the British Government and the Chinese Government must stay in contact. They must talk to each other and keep each other informed of their thinking.

    I have expressed in answer to an intervention my fear that the Bill will create a haemorrhage of people from Hong Kong, the very haemorrhage that the Bill is supposed to stem. I hope that I am wrong. In my view, those in Hong Kong who have clamoured for the Bill have taken a major step, some wittingly and some unwittingly, to undermine relations between Britain and China over the 1984 agreement. If I may say so, they do not and have not served well those for whom they purport to speak and by whom they have never been elected.

    I am extremely concerned about the Bill. I hope that everything that I have said turns out to be entirely wrong. I believe that, in itself, it is an undermining of the 1984 joint agreement, upon which Hong Kong's future undoubtedly ultimately depends.

    4.30 pm

    First, I welcome the new clause. A number of hon. Members, including myself, urged on Second Reading that an annual report should be presented. I am grateful to the Home Office and to the Government generally for tabling and introducing the new clause. I agree with the hon. Member for Caithness and Sutherland (Mr. Maclennan) about its limited purpose and narrow intentions. Nevertheless, it provides an important peg and an opportunity for the House in the years to come, especially between now and 1997, to monitor political events and developments in Hong Kong.

    I wish to dwell for a short while on the mechanics of the presentation of the report and the opportunities for the House to perform a monitoring role. The report will be presented to the Secretary of State for the Home Department. We have had an annual debate on Hong Kong over recent years and I assume that the report will be an important part of the papers available to us when we debate Hong Kong in the future.

    If the annual report is to be presented to the Secretary of State for the Home Department, it seems that that will not provide the full parliamentary scrutiny that I would like. I suggest that the Government and all the parties represented in the House consider the possibility of setting up a joint committee of the Select Committees on Home Affairs and on Foreign Affairs, which would be charged with the responsibility for monitoring political, social and economic events in Hong Kong. That would enable the Select Committee machinery to produce reports for the information of the House, and would provide the important information that Members will require when they come annually to debate the report that will be presented by the Governor and other matters relating to the affairs of Hong Kong.

    The Select Committee on Home Affairs will be able to make inquiries about the annual report, but I am concerned that there appears to be no machinery to enable either the Foreign Secretary or the Select Committee on Foreign Affairs to have a locus. The House must do everything in its power to build confidence and try to reinforce confidence in the minds of the people of Hong Kong, who remain extremely anxious about their position during the years before 1997, by creating new extra-governmental institutions that will provide powers and opportunities to hon. Members to express concerns and anxieties as we proceed to 1997. If my suggestions were adopted, we would have a regular and sustained opportunity to ring the alarm bells if hon. Members or Select Committees were alarmed about anything.

    The hon. Member for Christchurch (Mr. Adley) has great knowledge and experience of Asia, especially China and Hong Kong, and I bow to that experience. I listened intently to what he said, and agreed with much of it. However, I must emphasise what has not been emphasised in earlier debates, and certainly not today: the haemorrhage is already here. Every week 1,000 people are leaving Hong Kong, and recent events have done nothing to strengthen their confidence about their well-being and safety, and that of their families, up to and after 1997.

    I do not know when the hon. Gentleman last checked the figures, but I did so six or eight weeks ago. In the 10 months after the events of June last year, there was a marginal decrease in the number of people leaving Hong Kong. I hear what he says, but if he checks the facts and figures he may find that the alarming totals of which he has spoken are not borne out in reality.

    I was in Hong Kong in April, when we were given that figure of 1,000 people a week. I have just consulted my hon. Friend the Member for Workington (Mr. Campbell-Savours)—who was in Hong Kong a fortnight ago—and he has confirmed that that figure is about right. We must not quibble about 100 either way; we should agree that substantial emigration from Hong Kong is now taking place. The Bill is an attempt to stem that haemorrhage now and in the foreseeable future. It does not serve us well to dwell on the minutiae of the spirit of past agreements between China and Britain when we are dealing with events after 1997.

    To some extent it is not real emigration. Many people are simply trying to establish a right of abode in other countries. Having established that right, they often return to Hong Kong to carry on their business activities. There is a name for those people in Hong Kong—astronauts. In the main, they go to Canada to establish a right of abode—while safeguarding their short-term private interests—and then return to pursue their commercial activities. Their loyalties often remain to the colony, where they want to stay in the long term.

    My hon. Friend is right. Let me reassure the hon. Member for Christchurch and others that, even if passports giving the right of abode are issued under the legislation—I understand the matter is being dealt with urgently—the first passports are to be issued later this year; there is no guarantee, and there should be no fear in the minds of hon. Members, that all 50,000 plus their dependants will seek to come to the United Kingdom. In my opinion, and in that of many other people whom I have consulted, not all those entitled to right of abode would wish to exercise that right. They would go to Canada, America, Australia and elsewhere, where they would be admitted.

    The hon. Gentleman said that there was great urgency over the issue of the passports. What is the great urgency?

    The great urgency stems from the men and women in Hong Kong who still have vivid memories about what happened in mainland China last year and vivid recollections of what has been happening in China during the past 12 months, and they marked that in their tens of thousands in Hong Kong a few days ago. Their anxieties are about whether they will be able to live in peace and security in Hong Kong after 1997 when the sovereignty of Hong Kong is handed to China.

    To pick up the point made by my my hon. Friend the Member for Workington, many of the people who are now seeking to leave Hong Kong are going abroad to obtain the right of settlement and of abode. The only way in which they can qualify for that is to leave Hong Kong to settle temporarily in one of a number of countries to obtain nationality and a right of abode which they will wish to exercise only if life in Hong Kong becomes intolerable after 1997.

    The hon. Gentleman may be using the word "urgency" in an odd sense. He means that the people of Hong Kong are extremely anxious, not that the problem is urgent. As he rightly says, the problem will not arise until 1997, and in the meantime the people of Hong Kong have found another method of dealing with it—establishing a right of abode in other countries. Therefore, the problems cannot be urgent in the sense that some great disaster will befall those people if passports are not issued this year, next year or the year after. In fact, they do not need them until 1997.

    The right hon. Gentleman is either being particularly obtuse or is seeking to continue his campaign which fizzled out on the night of the Second Reading debate when the votes were counted.

    The urgency is to get under way the scheme that is enshrined in the Bill and to make the passports available to stop the haemorrhage that is now under way. That is why I say that the matter is urgent. That is the view that I expressed on Second Reading to explain my unwillingness to oppose the Bill even though I recognise its fundamental defects. I abstained on Second Reading and I shall be supporting various amendments tonight, but I will not oppose the Bill on Third Reading.

    If I am to fulfil my promise not to detain the House for any length of time I must conclude by welcoming the new clause. I hope that it will be carried. If the Minister intends to reply to the debate, I hope that he will at least say that he is willing to consider my suggestions about the procedures of the House strengthening and reinforcing the confidence that lies at the heart of the Bill and in the minds of the men and women of Hong Kong and perhaps to have further discussion about how they may be fulfilled.

    Before you, Madam Deputy Speaker, came to the Chair, Mr. Speaker was being extraordinarily kind in allowing the debate to run quite wide, I think on the basis that almost anything that might be raised at this stage might go into the Governor's report if such a report were to be made. However, I do not want to take undue advantage of that and at this stage I have only two points to make about the new clause.

    I preface my remarks by saying that since the House gave the Bill its Second Reading on the night when 80 members of the governing party either voted against the Bill or deliberately refused to support it, events have moved on a little, particularly in one respect. During that debate—I do not know to what extent it influenced any of my right hon. and hon. Friends—we were told by Ministers that the Chinese Government were not upset by the measure and were quite content. The very next day a spokesman for the Chinese Government made it plain, as my hon. Friend the Member for Christchurch (Mr. Adley) said, that the Chinese Government are bitterly opposed to it and regard it as a breach of the accord which was reached between the two Governments, and so it clearly is.

    4.45 pm

    It is no good my hon. Friend shaking his head. The Chinese Government, who are at least as likely to have it right as this Government, regard the measure as a breach of the accord. There is no doubt in my mind that that is so. Certainly it was completely wrong for Ministers to tell the House that the Chinese Government did not regard it as a breach. After all, the only people who can say whether the Chinese Government do or do not regard it as a breach are the Chinese Government themselves, and they made their position plain.

    My hon. Friend the Minister shakes his head. I think that I can confirm to my right hon. Friend the Member for Chingford (Mr. Tebbit) that the Chinese Government consider the measure to be a breach of the agreement, in the spirit and possibly in the letter, and that was why I read out in detail the two memoranda.

    Will my right hon Friend comment on a point on which the hon. Member for Bradford, West (Mr. Madden) would not give way? There is one point that we should put on the record, and it should also be part of the Governor's report, because he is responsible, as her Majesty's Government's representative in Hong Kong, for maintaining that stability.

    The hon. Gentleman referred to the thousands of people in Hong Kong who were demonstrating. That is their right. But under the 1984 agreement there is a vital clause of desperate importance to the people of Hong Kong, and that is that, between 1990 and 1997, the Chinese Government will not interfere in the day-to-day running of Hong Kong and meddle in its internal politics. Equally, there is a commitment that the people of Hong Kong will not meddle in the politics of China. The temptation for the latter to do so is immense, but the danger of their doing so is equally immense. Therefore, I hope that my right hon. Friend will agree that within the Governor's report we should have an indication that he is doing his best to make the people of Hong Kong aware of the risk that they run by constantly seeking to have their cake and eat it.

    I am sure that my hon. Friend is right. There is a real risk that, if the Government of China see what they believe to be constant breaches of the accord on what may be broadly called our side—the United Kingdom Government and the Government of Hong Kong—they will not feel unduly bound to stick to it themselves, and that would be a great pity. In the post-war era, every agreement that we have made with the Chinese Government has been kept. They may not have liked it at times and they may have made it plain that they did not like it, but they have stuck to their word. I regret that that Government should now see this Government, of which I was a member when the accord was made—the Government whom I support—as being in breach of an accord that has been entered into solemnly.

    I did not intend to intervene in my right hon. Friend's speech, but I must do so to make it clear that the Government are quite certain and know very well that this measure is not in breach of the joint agreement and accord, and a close inspection of the quotations read by my hon. Friend the Member for Christchurch (Mr. Adley), which I hope will be reproduced in Hansard, will demonstrate that.

    The Minister gives the Government's view. That is not my view. Perhaps more importantly, it is not the view of the Government of China, altough on Second Reading we were told that it was the view of the Government of China.

    Before he moves on to other issues, why is the right hon. Gentleman seeking to apologise for that gang of geriatric murderers? Does he not recognise that many people in Hong Kong and elsewhere believe that the massacres which occurred in China last year were an excellent reason why Britain should have called an end to the accords over Hong Kong and 1997? Does he not realise that so many people were outraged by those events that they will dismiss his comments now as an obscene apology for geriatric murderers, who should not be given an inch, and that we should defend the interests of the men and women of Hong Kong in every way that we can?

    I do not wish to provoke the hon. Gentleman into getting to the stage where he is asking my right hon. Friend the Foreign Secretary to declare war on the Government of China, which would appear to be the logical extension of his remarks. I hope that he is keeping a tally of the number of people who have been shot dead in the present civil disturbances in the Soviet Union, as well as those who were shot dead in the disturbances in Tiananmen square a year or so ago.

    May I proceed for a moment? I do not wish to get into a debate with any hon. Member about the regime in China.

    Perhaps the hon. Gentleman will contain himself for a moment. I do not wish to get into a debate about the communist regime in China. If the hon. Gentleman thinks that I support any communist regimes anywhere in the world, he is looking at the wrong man and the wrong side of the House. However, I do not wish to be distracted further down that road. I want to follow up some of the remarks made by the hon. Member for Bradford, West (Mr. Madden) concerning the impact of the proposed report by the governor and how we would deal with it in the House.

    Such a report would be a nice thing to have. It will make a nice piece of work for someone to write an article about in The Times or even talk about on Sky television where perhaps it would get a larger audience—[HON.MEMBERS: "What about the Evening Standard?"] Yes, even the Evening Standard—there are many newspapers which are well worth reading.

    How will the report be useful to us in the House? Let us suppose that the Governor's report contains material which we regard as a suitable subject not merely for debate but for a critical debate or even for a vote. What would we vote on? What would be the motion? What effect would it have?

    Indeed, as the hon. Gentleman says we could have a take-note debate, but that is all that we would be able to do about it.

    Although I welcome the new clause, we should not have any misunderstandings that it will make any difference whatsoever to anything that the Governor does in the name of this House, as we have no control over him if we enact the Bill in its present form.

    Will my right hon. Friend consider a suggestion for how we might discover the attitude of the Chinese Government? It seems that there have been many suggestions in newsprint about what they believe, and whether the Bill constitutes a breach of the 1984 agreement. If my hon. Friend the Under-Secretary of State is correct, it is easy for him. Our Government are in constant touch with the Government of China. He could produce a document from the Chinese Government, duly authorised by them explaining that they do not regard the right of entry, which will be granted by the Bill, as in any way a breach of the 1984 agreement. We need not correspond through newsprint. If what my hon. Friend the Under-Secretary says is true, the Chinese Government will be open, and will say so in an official communication.

    I do not want to be taken too far down that line, but it is quite clear that if the Government of China heard the accusations made by their own spokesman in the press saying that the Bill is in breach of the undertaking, naturally, as a Government having friendly relationships with our Government, they would have been the first to make a statement correcting it, and would have sent a telegram to the Foreign Office—I am not sure whether the Foreign Office communicates with the Home Office about such matters—setting the record straight. It could have been laid upon the Table and we would all have been comforted by it.

    I really do not want to detain the House over this issue, but I will give way.

    The hon. Member for Bradford, West made an impassioned denunciation of the old men in Peking, and we all agree that on the Richter scale of beastliness, it would be hard to find anyone who registers more than they do at the moment. But surely that is not the point. Our responsibility is to the people of Hong Kong and to the real world. The Chinese Government are the people with whom we have to deal, like it or not. Of course we all wish that the Government of China were more like the Government of Luxembourg, but they are not and we have to deal with matters as they are.

    That is absolutely true. There is little chance that by berating those old men in this Chamber we will do anything to bring a beneficial change in China. As my hon. Friend says, it will make matters worse.

    One other subject has been mentioned in connection with the amendment which I do not think was covered very well by the Labour amendments which have been selected; that is the position of people who may become stateless after 1997. I am not clear about the attitude of the Government towards those people. It would be helpful to all of us if the Under-Secretary were to make the Government's stance absolutely clear. Is it that, if any such persons are left stateless after 1997, they will be automatically granted either British citizenship or rights of abode, or do the Government have some other position?

    The hon. Member for Caithness and Sutherland (Mr. Maclennan) said that many such people had come from the Indian sub-continent. If that is where they came from, they might have a right to return.

    As I understand the position in regard to people who went to Hong Kong from the Indian sub-continent, they gave up any rights that they might have had to return when they agreed to take British citizenship offered in Hong Kong. I think that it is far from satisfactory that the British Government should now be taking a position whereby those people will be left with no proper passport or home following 1997, unless amendments are made to the Bill.

    My hon. Friend has a good point. If those people were induced by the British Government to go to Hong Kong by the issue of a document which deprived them of their nationality and will prevent them from returning to the countries from whence they came, it seems, even to me—I am not notably soft on immigration issues—that there is a case for saying that they should be found a home. Perhaps my hon. Friend the Under-Secretary can give an estimate of the numbers concerned, and we could deduct that from the numbers which would otherwise be admitted under the provisions of the Bill.

    Those people who are properly resident in Hong Kong can apply for British dependent territory citizenship now. In 1997 British dependent territory citizens of Chinese descent will automatically become Chinese citizens. There is a question mark beside those who are not of Chinese descent. If they do not become Chinese citizens—that is a matter for the Chinese Government—they will be British overseas citizens, carrying a British overseas passport which will enable them to travel round the world to every country where there are residents who hold such passports. They will not have the right of abode in the United Kingdom, but they will have the right of abode in Hong Kong, and that will be guaranteed to them under the joint agreement.

    I am grateful to my hon. Friend for making it clear that they will not be left as flying Dutchmen—perhaps flying Hong Kongmen would be a better expression—for ever circling the world and never being allowed to alight anywhere. If my hon. Friend can assure me that under the terms of the agreement the Chinese Government accept that they will have a right of abode in Hong Kong, it seems to me that there is no need for us to make specific provision for them. In the event of the Chinese Government not carrying out the undertaking, for some reason, there would be an emergency. We could deal with it in the way in which we always deal with emergencies. I am most grateful to my hon. Friend for clearing up that point.

    5 pm

    I intend to speak on the two subjects raised by my right hon. Friend the Member for Chingford (Mr. Tebbit). The first related to urgency. I agree with the hon. Member for Bradford, West (Mr. Madden) that the matter is urgent because of the brain drain, which has grown worse, in absolute numbers, compared with a couple of years ago. If one talks to representatives of British companies operating in Hong Kong, or with interests or investments in Hong Kong, it immediately becomes clear that they are beginning to feel the damage that is caused by the acceleration of the brain drain.

    I have been told of key managers leaving Hong Kong to go to Australia, Canada and the United States. We are familiar with the recent raid by Qantas Airways in an attempt to take away 250 mechanics from the Hong Kong aircraft engineering industry Fortunately, the raid was unsuccessful, or had very limited success. That is an example of what we shall face in the future if we do not do something about it now. It is essential, therefore, that Parliament should pass the Bill.

    The hon. Member for Workington (Mr. Campbell-Savours) referred to the fact that many Hong Kong Chinese go to Canada or other countries to get the right of residence there, either through themselves or their families, and that many of them come back to Hong Kong. I know that many want to return to Hong Kong, but many of them, I fear, having established residence in Canada and having sent their children to school in Canada—for example, in Vancouver, which is a very agreeable city—find it much more difficult to return to Hong Kong and work there than they had expected when they left to go to Canada. We should not be too encouraged about the numbers who return to Hong Kong in those circumstances.

    That is why this Bill is important. It provides a passport for 50,000 heads of families without their having to go and reside in another country for several years, with the consequence that most of them will not return to Hong Kong.

    I ask my right hon. Friend to transpose himself and think of himself as a successful Hong Kong Chinese citizen who is quite well-to-do and who has enough money to take his family with him, after having been offered a British passport. If he were to take the view that life after 1997 under a Hong Kong Chinese Government would be unacceptable and not in the best interests of his family, would he wait until 1997, or would he get out now so that he could re-establish himself and his family and his children's education at the first possible opportunity?

    I should certainly stay. I do not see why my hon. Friend thinks that I would want to exchange 15 per cent. income tax for 40 per cent. income tax, or that I should want to exchange the agreeably warm climate of Hong Kong for the sometimes chilly climate of England. My hon. Friend is right off the rails.

    I refer the hon. Gentleman back to the question of emigration to Canada. The reason why people are going to Canada now and returning in the way that the right hon. Gentleman does not suggest that they are, but which I know they are, is the nature of the Canadian scheme. They have to go now. If they had the option of delaying their emigration to Canada, they would surely do so. It is not that they go to Canada uniquely to establish a right of abode; often they set up businesses in Canada and then return to their businesses in Hong Kong. Frequently those companies intend to trade.

    I agree with the hon. Gentleman's main point, although our assessment of how many people return to Hong Kong is different.

    My second point relates to the Eurasians and Indians in Hong Kong. The Under-Secretary of State knows that I have been in correspondence with my right hon. Friend the Home Secretary on the matter. I do not intend to repeat everything that I set out in that correspondence. It is right, however, that the matter should be raised, since I hope that I shall receive reassurance on the point from my hon. Friend at the end of the debate.

    My hon. Friend the Under-Secretary has already explained that the people to whom I refer will have neither British passports nor Chinese passports: they will have British national (overseas) or British dependent territories citizen passports. The Eurasians and the Indians are concerned that they will not have a right of abode elsewhere. They fear—whether they are right or wrong I do not say—that after 1997 they will not be so generously treated as they were during the period of British rule.

    I have received representations from Mr. Eric Ho, a distinguished former senior civil servant, the president of the Welfare League which looks after the interests of the Eurasians. He refers to the great loyalty to the Crown and to this country of the Eurasians in Hong Kong. He quoted an extract from the dispatch by General Maltby after the capture of Hong Kong by the Japanese in December 1941.

    General Maltby said:
    "In closing my despatch I wish to pay especial tribute to the Hong Kong Volunteer Defence Corps … To quote examples seems almost invidious, but I should like to place on record the superb gallantry of No. 3 (Eurasian) Company at Wong Nei Chong Gap".
    That is a striking example of the loyalty that the Eurasian population of Hong Kong have always had to this country. Mr. Ho estimates that only 1,000 passports would be required, not for heads of families but for individuals, to provide for the needs of the Eurasian population.

    Will my right hon. Friend address his mind to a point that keeps worrying me during the debate: that 50,000 passports will largely go to 50,000 influential, articulate people who know their way around? Is my right hon. Friend willing to contemplate the following proposition: if by giving such an advantage to people who are in a position to apply we thereby destroy the atmosphere for the remaining 5 million Hong Kong citizens who are not so articulate and well connected, shall we be serving all the people of Hong Kong well?

    That is not my assessment of the likely effect on the morale of those who remain in Hong Kong. It is a difficult problem, but I believe that we are right to do what we are planning to do. In my view, it would be possible to put the figure a little higher than 50,000 heads of families, but that proposal is not before us.

    On Second Reading, my right hon. Friend referred to the Tootal case. He said that it wants to bring 25 heads of household to this country. Given the number of managers who are eligible, and given also the number of applicants that there are bound to be, it is most unlikely that all 25 managers will be successful in their applications. How can my right hon. Friend take the view that that will be good for the morale of the Tootal work force, let alone for the work forces of other companies, if that should prove to be divisive? What about the other managers that Tootal has not chosen for selection but who consider that they should be selected? The proposal will be totally divisive when it comes to the management of work forces in Hong Kong. It cannot possibly have the result for which the Government hope.

    Since the Second Reading debate I have had conversations with Mr. Geoffrey Maddrell, the managing director of Tootal, on that precise point. My hon. Friend is wrong to say that Tootal wants to bring 25 managers to this country. Tootal wants them to stay in Hong Kong, and that is what they want to do; indeed, most of them are working in south China. However, Mr. Maddrell acknowledged that there would be a problem if all the 25 are unable to obtain passports. Nevertheless, he believes that it is preferable that some of them should obtain passports rather than that none of them should. That, I believe, is a tenable position.

    Reverting to the question of the Indians, it has been suggested that they were induced by a former British Government to Hong Kong, but that was not the reality. After the second world war, they made a choice between going for British nationality in Hong Kong or for Indian nationality. The Indian population has played a distinguished role in Hong Kong, particularly in commerce, and has been important to the colony's economy. The hon. Member for Caithness and Sutherland (Mr. Maclennan) suggested that there are many thousands of Indians in Hong Kong, but he was overstating the case.

    My right hon. and learned Friend the Home Secretary says in a letter to me:
    "If, against all expectations, any solely British national with no claim to Chinese nationality came under severe pressure to leave Hong Kong, the Government of the day would he expected to consider with considerable and particular sympathy their case for admission to the United Kingdom."
    He was referring explicitly to the Eurasians, but I believe that he was intending a similar assurance to be given in relation to the Indians. Can my hon. Friend the Minister reaffirm that assurance, and perhaps go further in his response today?

    I cannot go beyond my right hon. and learned Friend's assurance, because it was intended to cover, as my right hon. Friend the Member for Blackpool, South (Sir P. Blaker) said, Eurasians and other Asians—the ethnic minorities in Hong Kong who may not have Chinese citizenship after 1997. Who they will be is unclear because those who have Chinese citizenship is not something for us to determine—it is a matter for the People's Republic of China.

    Those belonging to the ethnic minorities who are not included and who are legitimately in Hong Kong not only have the opportunity of becoming British overseas citizens, as I described earlier, with their situation guaranteed under the joint declaration, but my right hon. and learned Friend the Home Secretary has made it clear—and I am happy to repeat now—that if pressure is put upon them despite the joint declaration and their rights under it, and if it became difficult for them to lead their lives in Hong Kong, we would look most carefully at any claim to right of settlement here, outside the rules.

    I am by no means satisfied that those who will have British overseas passports and British overseas status after 1997 will be welcome in Hong Kong. The Chinese are not noted for their welcome of other ethnic groups within their own society. I have no reason to believe that the Chinese Government will take a particularly sympathetic view of the presence of the Indian members of the Hong Kong community after 1997.

    It is unfortunate that the Government have come to the House today without being able to give precise figures for how many such people there will be. We have a duty to bring them here if we have to do so, so I fear that we may expect substantial extra numbers after 1997, over and above those catered for in the Bill, to whom we shall have to offer homes in this country. It is important for the House to know how many people there may be, and that that estimate should be incorporated in the overall total being considered today, rather than have us return to those people at a later stage—as I warn the House we shall inevitably have to do.

    It is extremely important that my right hon. and learned Friend the Home Secretary reports regularly to the House, as the hon. Member for Bradford, West, (Mr. Madden) suggested, when the Governor reports to him. Nothing in the Bill says that he has to do so. I should like a categorical assurance from my hon. Friend the Minister that the Home Secretary will report at least annually in detail to the House on what he has been told by the Governor. That is the least assurance that the House should seek.