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Commons Chamber

Volume 198: debated on Wednesday 13 November 1991

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House Of Commons

Wednesday 13 November 1991

The House met at half-past Two o'clock

Prayers

[MR. SPEAKER in the Chair]

Private Business

London Underground (Safety Measures) Bill Lords

Order for Third Reading read.

To be read the Third time tomorrow.

London Underground (King's Cross) Bill

Order for consideration read.

To be considered tomorrow.

Commercial And Private Bank Bill Lords

Order for Second Reading read.

Read a Second time, and committed.

Oral Answers To Questions

Scotland

Defence-Related Employment

1.

To ask the Secretary of State for Scotland if he will make a statement on the level of defence-related employment in Scotland.

Direct employment in Scotland associated with Ministry of Defence expenditure on equipment stood at around 14,000 in 1989–90. This was the equivalent of 9·5 per cent. of such employment in the United Kingdom, a proportion which has been constant since 1987–1988. In addition, at 1 July 1990, a total of 19,300 service personnel and 12,300 Ministry of Defence civilian employees were deployed in Scotland.

How does the Minister intend to protect employment and help diversification at GEC-Ferranti and Yarrow? Will he focus on the Ministry of Defence decision to do away with 2,000 infantry soldiers' jobs in Scotland? In particular, will he reflect on assurances given by the Secretaries of State for Scotland and for Transport that the amalgamations of the King's Own Scottish Borderers, the Royal Scots, the Gordon Highlanders and the Queen's Own Highlanders will be further reviewed? Now that both the Secretary of Stale for Defence and the Prime Minister have comprehensively rubbished those assurances, will the Secretary of State for Scotland have to eat humble pie again or will he stand up for Scotland and make this a resignation issue?

My right hon. Friends the Secretaries of State for Scotland and for Defence have spoken in complete unison on this. [Interruption.] The position is perfectly clear. There is no intention to review the proposals that have been announced, but there are at least two years before the first amalgamations and if military circumstances change, there is time for a reassessment of present plans.

On the hon. Gentleman's other point, it is worth saying that with 9 per cent. of the United Kingdom population, Scotland will retain 15·8 per cent. of the infantry, 13·6 per cent. of the armoured forces and 18·8 per cent. of the artillery. On the readjustment of industry, at my right hon. Friend's request Scottish Enterprise has established a defence industries initiative to help businesses and local enterprise companies exploit existing defence markets and develop diversification strategies. I hope that that move will be welcomed by the entire House.

My hon. Friend will be aware of the concern of my constituents who work at the Royal Navy workshop at Almondbank because of the present review of helicopter servicing. Will my hon. Friend assure my constituents and the House that the Conservative party and Ministers in Scotland are fighting to ensure that that workshop, which has a record of excellence and can carry out plating work which saves the Government millions of pounds on buying replacement parts, will continue because of its record and not for sentimental reasons?

I am aware of my hon. Friend's expertise on this subject and his concern about it. My hon. Friend the Parliamentary Under-Secretary of State for Defence Procurement is present on the Front Bench and will have noted what my hon. Friend has said.

Almondbank is one of a number of helicopter facilities. A Cabinet Office efficiency scrutiny team is examining the structure of those facilities and will report early in the new year. I can assure my hon. Friend that I shall take a close interest in this matter. I shall also ensure that the merits and advantages of Almondbank, to which my hon. Friend rightly referred are taken fully into account.

I thank the Minister for clarifying the Scottish Office position. I now understand that there will be no review of the future of the Scottish regiments unless there is a dramatic change in circumstances or a change in the strategic requirements of the country. How does he reconcile that with the rather desperate hints given by the Secretary of State in recent weeks as he vainly tried to rally his troops in the recent by-election? Is it not the case that after all the hype and hopes that were insinuated in the debate, the Scottish Office is toeing the Ministry of Defence line?

Does the Minister accept that there is an atmosphere of crisis within the defence contracting industry in Scotland? Does he accept the make-or-break significance of the next round of type 23 frigate orders for Yarrow and the central importance of GEC-Ferranti? Will we have regular reports of what the diversification unit set up by Scottish Enterprise is doing, its remit and the kind of results it is recommending?

First, as I understand Labour party policy, which is a matter of some difficulty, the hon. Gentleman's party would cut defence expenditure by about £5 billion per year.

On the hon. Gentleman's first question, I am not responsible for what the press say about particular matters. I repeat our position, which has been made absolutely clear by my right hon. Friends. There is no intention to review the announcement on the Scottish regiments, but there is at least two years until the first amalgamations and the hon. Gentleman will be aware that the Scottish ones will take place at the end of the process. If military circumstances change, there is time for a reassessment of the present plans.

I fully appreciate the importance of GEC-Ferranti as an employer in Edinburgh and Lothian. Yarrow is also a major employer, not only in the constituency of the hon. Gentleman but throughout the west of Scotland. The hon. Gentleman will be aware—[HON. MEMBERS: "Get on with it."] that I have discussed the frigate orders with the shop stewards. I believe that a meeting has been arranged between the hon. Gentleman and the Secretary of State.

I realise the importance of such matters in Scotland, but may I ask for crisper questions?

Clydeside Against Pollution

3.

To ask the Secretary of State for Scotland if he plans to meet a delegation of members of the campaign for Clydeside against pollution.

The Parliamentary Under-Secretary of State for Scotland
(Lord James Douglas-Hamilton)

:Neither my righ hon. Friend nor I have any plans to meet a delegation of members of the campaign for Clydeside against pollution.

The Minister may recall that it is almost a year since I first raised in the House the matter of the proposed incinerator in Renfrew. Since then the community of Renfrew—and, in fact, the entire Clyde valley community—have had the prospect of a toxic waste incinerator hanging over their heads like a black cloud. Will the Minister now come to my constituency and meet representatives of this responsible campaign group to discuss the prospect of a full public inquiry into the matter?

The Secretary of State has a quasi-judicial role, as planning matters may be involved and there could be a planning appeal to the Secretary of State.

The hon. Gentleman says that they should be involved. I am saying that there could be an appeal to the Secretary of State and that therefore it is not appropriate to have a meeting. However, as I am conscious of the strong feeling that the hon. Lady has registered on behalf of her constituents, I assure her that before a plant can be registered for an incinerator it must comply with the emissions standards enforced by Her Majesty's industrial pollution inspectorate. Those standards must be in accordance with the Health and Safety at Work, etc. Act 1974 and the Alkali, etc. Works Regulation Act 1906. Over and above that, the Environmental Protection Act 1990 brings more stringent procedures into force in 1992 and will apply to the subject.

The hon. Lady also asked about a public inquiry. At this stage I can only say that, as the statutory procedures are being correctly followed in all respects, a public inquiry would not be appropriate.

Fish Conservation

4.

To ask the Secretary of State for Scotland when he next expects to meet representatives of the Scottish fishing industry to discuss the conservation of fishing stocks.

My noble Friend the Scottish Fisheries Minister will meet the Scottish Fishermen's Federation on 18 November.

At the meeting on 18 November, will there be a clear discussion about the eight-day tie-up regulations which, one year on, are now seen as the most hated and despised aspect of the conservation policy, bringing financial hardship, fear and life-threatening situations to our coastal communities? If the Government are not prepared to abolish that most ineffective policy, will they at least consider flexibility in the application of the rules, taking particular account of men who are kept on shore because of bad weather or boat maintenance?

There will be a discussion at the December Fisheries Council about the best means of reducing fishing effort in 1992. The eight-day tie-up has been an agreed method within the Community during the current year. If the hon. Lady has any proposals, I am sure that my noble Friend would be interested to hear them. We are not absolutely committed to the eight-day tie-up rule and would be prepared to discuss other means of reducing fishing effort, but they would have to be agreed with our European Community partners.

I am glad that we are concentrating on conservation. Will my hon. Friend consider, in the light of our efforts on set-aside in agriculture, that the principle of decommissioning is very similar? I thank my hon. Friend for the Government's efforts to reduce the pressure on drift netting in the North sea, which will have a good impact on salmon fishing in Scotland. That will help our tourist industry and many other rural economies in Scotland.

I am grateful to my hon. Friend and agree that the measures taken in respect of drift netting will boost salmon interests in Scotland. We remain open to suggestions on decommissioning. It need not necessarily reduce fishing effort, but it is about making people in the fishing industry unemployed. Our objectives are to secure the long-term interests of the fishing industry by ensuring effective measures to secure stocks.

A radical conservation measure which would enjoy the full support of the fishermen affected would be a weekend ban on prawn fisheries on the west coast. It would not cost the Government money, would have the support of fishermen and would be extremely effective in terms of conservation.

I shall ensure that my noble Friend the Scottish Fisheries Minister is aware of the hon. Gentleman's suggestion. I am sure that he will consider the hon. Gentleman's representations, which are always carefully put and taken seriously.

Ayrshire South Hospital

5.

To ask the Secretary of State for Scotland what was the total number of responses to the consultation process regarding the application for trust status for Ayrshire South hospital; and how many were for or against.

Eight hundred and five written responses, including 579 pre-printed slips from local newspapers, were received. A petition was also submitted.

Opinions ranged from outright support to outright opposition, with many respondents expressing concern or seeking information about particular aspects of the application.

That answer is a disgrace. I asked how many responses had been received because we knew, from the responses that we had received, that the vast majority of the people of Ayrshire are totally opposed to the opting out of Ayrshire South hospital. That opinion is absolutely in line with that expressed by the people of Kincardine and Deeside who thoroughly rejected opting out at the ballot box. If the Secretary of State is able to give an honest answer at the Dispatch Box, will he tell us that if he genuinely surveys the objections and sees that the vast majority of the people of Ayrshire object to opting out, he will give democratic and fair-minded consideration to the consultative process and, at best, abandon the idea of opting out or at least postpone it for the foreseeable future?

I do not doubt that the majority of opinion as expressed in the submissions was opposed to the opting out process, although it is impossible to categorise opinions in the way that the hon. Gentleman would wish. Much though I understand the worries expressed by residents of the district to be served by the hospital, one must also take account of the basis of their concern, and the misinformation which has caused their alarm. I must take account of the quality of representations as well as the sheer quantity. The application is measured against four clearly published criteria which include patient care, the competence of the management, the involvement of professional and clinical staff and the financial viability of the application. That is the basis on which I shall consider the application, and I will do so carefully.

Will the Secretary of State confirm that he has already decided to refuse the trust application from the Royal Scottish National hospital at Larbert arid to suspend the applications from Foresterhill and Ayrshire South hospitals, designating them as shadow trusts, whatever that means? When will the Secretary of State make a decision and give us an answer on that most important issue? Rather than procrastinating with shadow trusts, why does he not do what the incoming Labour Government will do and abandon the ill-conceived, ill-considered, useless and unwanted ideas about trust hospitals?

I have not reached a conclusion on any of the applications before me. I am giving them the most careful and thorough consideration, and I shall reach a decision and announce it as soon as I can. I certainly shall not follow the example of the last Labour Government's handling of the health service. We have achieved a dramatic improvement as a result of the extra funding that we have put into the health service in the past 12 years.

No, I did not call the hon. Member for Carrick, Cumnock and Doon Valley (Mr. Foulkes) and I know that the hospital is in his constituency, but perhaps he will be patient.

Tourism

6.

To ask the Secretary of State for Scotland what is his estimate of the value of grants under section 4 of the Development of Tourism Act 1969 in the current year; and if he will make a statement.

The Scottish tourist board estimates that in 1991–92 payments under the section 4 scheme of capital assistance will total £3·5 million. I am satisfied, and this has been confirmed by a recent independent review, that that support is effective in generating investment and jobs.

My hon. Friend's answer will be widely welcomed by the tourist industry not just in Scotland, but throughout the United Kingdom, but will he say a little more about the results of the independent review to which he referred? Can he assure me that, if he has not already done so, he will send a copy of that report to our right hon. and learned Friend the Secretary of State for Employment?

Yes, I can confirm that that review showed that there was a clear need for section 4 support in Scotland. During the period 1983–84 to 1989–90, the scheme assisted 902 projects, disbursed £31·6 million of board funds at constant 1990 prices, and produced total tourism investment of £197·2 million at 1990 prices. I know of my hon. Friend's interest in the matter, following the report of the Select Committee on Employment, and I can give an assurance that if the consultants' report to which I referred has not yet reached the Department of Employment, it will do so as soon as possible.

Has the Minister read the reports in today's press of record numbers of passengers passing through Scottish airports? Will he confirm that most of them are tourists, many of whom are travelling north for a last glimpse of a rare species on the point of extinction in Scotland—Scottish Tory Members? Will he further confirm that he and his right hon. and hon. Friends in the Scottish Office have been recommended for a Scottish tourism award for their determination to self-destruct in Scotland?

I have been described as many things, but that is the first time I have been described as a tourist attraction. The hon. Gentleman is absolutely right to refer to the increased numbers of passengers going through Scottish airports-especially Glasgow airport, following the Government's excellent decision to allow transatlantic flights from that airport.

Will my hon. and attractive Friend congratulate Perth and Kinross district council on the dynamic quality of its work in attracting vast benefits to Scotland and Scottish industry by means of its policy of twinning with Pskov in Russia and Haikou on Hainan island in China, this year bringing to Perth the most valuable exhibition of icons in the world? [Interruption.] I should tell Opposition Members who are giggling, and who will also benefit from this, that the council is also twinning with Cognac.

I am sure that my hon. and learned Friend is right to praise Perth and Kinross district council. Perth has many colourful attractions for tourists, it enjoys a high quality of life and I am sure that it will continue successfully to attract national and international tourists.

Patients Charter

7.

To ask the Secretary of State for Scotland what is the total cost of the launch of the patients charter in Scotland.

The cost of the production and launch of the patients charter to date is £29,316. We expect to stimulate significant improvements in NHS performance, particularly on waiting times, as a result.

Does the Secretary of State agree that the staff of the national health service are dedicated and caring and have achieved many of the aims spelt out in that glossy document? Does he agree that what they need is support and proper resources so that they can carry out their work, not what has been happening over the past 12 years—continual restructuring and reforms which do the service no good and break up the comprehensive national health service that we all know?

I entirely agree with the hon. Lady's complimentary remarks about the quality of the staff in the health service. That is why I particularly welcome the enthusiastic way in which they have embraced the patients charter and the accompanying document on internal management in the health service, "Framework for Action".

As for resources, the hon. Lady will know that we spent about £3 billion on the health service in Scotland last year, which is more than £600 per head for every man, woman and child in the country and represents an increase of about 38 per cent. over and above the cost of living in the past 12 years. Resources are there in plenty; what we are now achieving is an improved application of those resources. That is what the patients charter is about, and that is why it is so warmly welcomed.

To an Englishman like me, it is a source of astonishment that Scots should intransigently oppose any kind of change in the health service. No one has done more to advance the frontiers of medicine than the Scots, yet the Opposition oppose any sort of change. Do not the Scots realise that with better techniques, new medical discoveries and more efficacious drugs many more people would be treated if only the health service were to change?

There is a great deal in what my hon. Friend says, and the pride which I and my fellow Scots have in the health service in Scotland is a reflection of the achievements of the past 12 years and the resources that we have put into it. As a result, 900,000 more patients were treated last year than in 1979, and that has resulted in in-patient waiting lists being 21 per cent. lower than in 1979.

In total, how much does the Scottish Office intend to spend this year on thinly disguised party political propaganda, including vacuous glossy charters? Will he confirm that last year the Scottish Office spent £2·6 million on advertising alone, which is 10 times the figure for 1979? Why should the Tory party not pay for its own advertising out of party political funds rather than constantly using taxpayers' money to try to get its message across? The figure of £2·6 million is equal to almost £300,000 per Tory MP in Scotland. Is the taxpayer getting value for money?

There is no question of the Government using public funds for party political purposes, and I am astonished that the hon. Gentleman should suggest that. Of course, the Scottish Office runs a number of public information campaigns and I am quite sure that the hon. Gentleman would want us to do that to encourage the improvement of health in various ways. The patients charter is aimed at improving the quality of the delivery of health care in Scotland and at making patients aware of their rights, thereby helping to improve even more the delivery of the health service.

Heart Specialists

8.

To ask the Secretary of State for Scotland what plans he has to increase the number of heart specialists working in national health service hospitals in Scotland.

We have increased funding for the cardiac services this year by a quarter bringing the total to £20 million.

Physicians are concerned at the fact that heart patients sometimes have to wait between three months and a year for surgery. Some patients do not even get the chance of surgery because they have waited too long. There is great concern that in a hospital such as Stobhill a patient with heart warning signs can receive angiography examinations within a week, but in places such as Ayrshire and Argyllshire physicians have to keep patients waiting longer on medication. Surely that is unfair. If we had more specialists and more facilities, heart patients could be dealt with in a proper manner.

Half the patients who require heart surgery are dealt with immediately, but the hon. Gentleman is right to say that some patients have to wait. Whether a patient needs to be admitted immediately is a clinical decision. The number of patients being treated has risen enormously, and 3,000 heart patients are now receiving surgery. We have expanded the programme in terms of the number of centres where treatment is provided, and at the beginning of next year we shall carry out the first heart transplant operations in Scotland. Therefore, there has been a major expansion. We are also expanding capacity, especially through Greater Glasgow health board which is using the private sector so that an extra 120 patients may be treated. I am acutely aware of the importance of what the hon. Gentleman says and I hope that it may be possible to make further progress in expanding the programme. I hope that the hon. Gentleman recognises that there has been a major expansion.

Is the Minister aware that over the past year some Scottish health boards have issued letters to general practitioners instructing them to refer only urgent cases for essential treatments such as physiotherapy and to hold the rest on file? Does that mean that there is now a waiting list to go on to the waiting list?

I am not aware of that, but if the hon. Gentleman would like to provide me with details I shall certainly look into the matter. The hon. Gentleman has clearly studied this issue and will know that three quarters of all patients in Scotland are dealt with within four weeks and that half are dealt with immediately. The record of the health service is improving dramatically and waiting lists are now very much shorter than they were when the Government first took office. Every Labour Government has left office with longer waiting lists.

Renaval Programme

9.

To ask the Secretary of State for Scotland what recent discussions he has held with representatives of district councils and European Commission officials concerning the implementation of the RENAVAL programme; and if he will make a statement.

There have been a number of discussions about the implementation of the RENAVAL programme between Scottish Office officials, representatives of the local partnerships, which include district councils, and officials of the European Commission.

Why has there been such a lamentable delay in the implementation of the RENAVAL programme? Is it not the case that those responsible for the disgraceful delay are to be found in St. Andrew's house? Many projects and organisations, such as the Clyde ports authority, Inverclyde district council and community groups, are seeking assistance in developing economic and community projects. The Auch mountain glen project, which would restore a local beauty spot, has remarkable local support, but it is being thwarted by the obduracy of the Minister and his officials. They should play the game by my constituency.

I reject the hon. Gentleman's criticism, and I can reassure him on the present position. The revised projects for the RENAVAL programme for Fife and Strathclyde were recently agreed. The European Commission has said that: it hopes that the projects will receive formal approval by the end of the year. I will send the hon. Gentleman a copy of the Strathclyde programme, which will be worth some £20 million ecu, which is £15 million.

Ardrossan-Saltcoats-Stevenston Bypass

10.

To ask the Secretary of State for Scotland when he is going to announce the start of the Ardrossan-Saltcoats-Stevenston bypass; and if he will make a statement.

The preparation of the Ardrossan-Saltcoats-Stevenston bypass scheme is continuing. A public local inquiry may be required to consider the remaining objections to the scheme. Negotiations are however continuing with the affected parties.

Once the scheme is fully prepared it will be considered for a construction start in the light of the competing priorities and level of available resources.

I suppose that I should be happy with that response. I have waited 20 years for a decision on the Ardrossan-Saltcoats-Stevenston bypass, and I am sure that the Minister will give me a favourable result before I retire at the next election. Will the Minister confirm that he has received the results of the review of the trunk road system in Scotland and that the bypass, once it has been approved, will be given first priority in this list of trunk roads?

I can tell the hon. Gentleman about the review, which was commissioned in 1989. The results of the study are being analysed and will assist in the development of our policy for the management and improvement of all Scotland's trunk road network. Once the results of the review have been analysed, an executive summary will be produced, setting out the key strategic results. This will be available on request and is expected to be completed in the next few months. As to negotiations with the statutory objector, these are being pursued and we shall do our best to reach a satisfactory conclusion on the hon. Gentleman's constituency project.

Youth Unemployment

11.

To ask the Secretary of State for Scotland if he will make a statement about the level of youth unemployment in Scotland.

In July 1991, the latest date for which information is available, there were 73,887 people aged under 25 years unemployed in Scotland. This represents 10 per cent. of the United Kingdom total compared with 14 per cent. in July 1989.

Is the Minister aware that I have been asking this question, mostly of him, for the past 13 years and that that reply reflects how serious is youth unemployment in Scotland? Much of the real figure is concealed by half-baked schemes concocted by his Department, which do not reveal the real position. Do we not need to have real training for real jobs on the same basis as our major European competitors, notably the Germans? If we do not have that, we shall not be in a competitive position in the future.

The hon. Gentleman will no doubt welcome the fact that unemployment in his constituency fell last month, as it did throughout Scotland. [Interruption.] The hon. Gentleman should wait to see the figures. As to the general point, we give a guarantee of a training place for all 16 or 17-year-olds who are not in full-time employment or education. As far as I know, that guarantee is given by no other European country. The current 300,000 youth training places in the United Kingdom compare with the lamentable 7,000 or so under the last Labour Government.

Opposition Members are always doughty fighters when claiming that they wish to preserve youth employment. Has my hon. Friend reflected on the likely effect of Labour's policy to establish a minimum wage of £3·20 per hour for every 16-year-old—and, indeed, on the effect on recruitment to the armed forces if defence spending were reduced by 50 per cent? That seems to be what Opposition parties want.

I believe that, in that last instance, my hon. Friend is referring to the policy of the Liberal Democrats. He is, however, entirely right about the effect that a national minimum wage would have on jobs, especially jobs for young people. According to a number of independent commentators, up to 1·2 million jobs could be lost.

Opposition Members are tired of the current complacency about youth unemployment. A guarantee is of value only if it is honoured. In Tayside, 533 young people are now unemployed; in Central region, 500 are unemployed. These are the 16 to 18-year-olds to whom the Government have given a guarantee.

The shortage of jobs is especially bad in traditional craft apprenticeships, in which many young people wish to work. Lothian now has 3,000 unemployed youngsters; that is 22 per cent. up on last year's figure. Strathclyde has a shortage of more than 3,000 opportunities. All that is concealed beneath a cloak of commercial confidentiality. The Minister is walking away from the problem, and he must stop doing so. Let us have a full independent review of the extent of youth unemployment in Scotland, and end the Government's complacency.

I am going to answer. Today I checked the position in every local enterprise company. The hon. Gentleman mentioned Central region. It is clear that Forth Valley Enterprise is well on schedule towards ensuring that its end-of-year target is achieved. The hon. Gentleman also referred to Lothian; there are sufficient places on Lothian and Edinburgh Enterprise Ltd. to meet demand. Scottish Enterprise Tayside currently has 2,800 young people in training, and nearly 1,500 have entered the scheme since I April.

The guarantees will be met by local enterprise companies throughout Scotland. What the hon. Gentleman says about me does not concern me; but, if he is calling the local enterprise companies liars, I suggest that he repeat that outside the House.

Nhs Trusts

12.

To ask the Secretary of State for Scotland if he will make a statement on the future of NHS trusts.

15.

To ask the Secretary of State for Scotland what representations he has had supporting the principle of hospitals becoming trusts outside the national health service; and if he will make a statement.

NHS trusts form an important part of the national health service, providing services to patients free at the point of delivery. I am at present considering applications for trust status from three Scottish hospitals.

Does the Secretary of State accept that, as my hon. Friend the Member for Kincardine and Deeside (Mr. Stephen)—whom I am pleased to welcome to the House—will confirm, 100 per cent. of those who voted in the Kincardine and Deeside by-election voted against the opt-out of Foresterhill? Does the right hon. Gentleman accept that it would be contrary to the interests of patient care to force through a proposal that is opposed by consultants, nursing staff, general practitioners, patients and the general public? Will he now listen to the people of Scotland, abandon the current policy and pursue policies that have the support of the people?

On behalf of my hon. Friends, I am happy to welcome the hon. Member for Kincardine and Deeside (Mr. Stephen) to the House, and to congratulate him on his success in the by-election. We look forward to his participation in our affairs, and wish him a fulfilling time during his time in the House—however long or short that may be.

I have already spelt out in great detail the criteria that I shall apply when considering Foresterhill's application for trust status. It is a complex and detailed process, which deserves such treatment. Of course I take account of feeling in the area; but, as I said earlier, I also take account of the way in which feeling has been influenced by the misleading statements that have been put about over recent months.

I have no doubt that trust status for hospitals can be an enormous success, as it has proved to be south of the border. It can create the opportunity for local management to bring the delivery of health care closer to the people whom it serves, and give it freedom to run its own affairs. I shall take careful account of all aspects of the application before reaching a decision.

I am surprised at the remarks of the hon. Member for Gordon (Mr. Bruce). In my constituency the Rutherglen Liberal Democrats supported the privatisation of care for the elderly.

When will the dogmatic Secretary of State for Scotland realise that the people of Scotland see NHS trusts as the thin edge of the wedge for privatisation of the health service, and that they do not want them?

Far from being dogmatic, our objective is to achieve the best possible delivery of health care through a health service that continues to be free at the point of delivery to patients. There is mounting evidence from south of the border that trust status has helped the hospitals that have achieved it to improve their delivery of health care and to expand the services that they can offer. If that is the case I imagine that more Scots will wish to take advantage of trust status. I read with interest in today's edition of The Courier and Advertiser, Dundee that the Dundee royal infirmary and Kings Cross hospital are beginning to consider the possibility of applying.

Will my right hon. Friend confirm to those who indulge in unnecessary and unwarranted smear campaigns that NHS trust hospitals are treating 10 per cent. more patients than were being treated a year ago? Will not people in Scotland quickly benefit from having several NHS trust hospitals?

I am grateful to my hon. Friend for his view of the position south of the border. I was interested to see that the mid-Cheshire hospitals are increasing their eye services by up to 50 per cent., that for Manchester central hospitals a day-care centre for cataract surgery has opened, and that in south Devon 67 new posts are to be created. Plainly, many of the hospitals south of the border that have applied for trust status are making considerable advances in the delivery of patient care.

The right hon. Gentleman has said that in reaching his decision he would have to take account of the quality of the representations. Does he think that such an argument will help him, given that the objections, come from the doctors, nurses and auxiliaries, who are themselves the health of the hospital, and who will be responsible for its continuing health? Is the right hon. Gentleman aware of the theory that he would be happy to drop the whole unhappy business, but that his Minister responsible for health takes a different view? Is it right that the future of the hospitals should depend on an undignified ideological tug-of-war in the Scottish Office bunker? When will the right hon. Gentleman summon up the courage to make a decision on the applications?

The hon. Gentleman overlooks the fact that the applications originate from the people who run the hospitals, because of the advantages that are to be had, through local management, for local people. That must be borne in mind. There is nothing doctrinaire about our approach to the matter. We are concerned to continue to build on our magnificent record in improving the delivery of health care. As I have said, I shall consider each application on its merits and according to the criteria. I shall make an announcement as soon as I reach a decision.

Tower Blocks

13.

To ask the Secretary of State for Scotland what proposals he has for assisting councils to increase security in high tower block housing.

My right hon. Friend takes the question of security in high-rise housing very seriously.

Expenditure needs, including measures to improve security in high-rise tower blocks, are taken fully into account in the distribution of housing revenue account capital allocations and housing support grant.

Is the Minister aware that most people who live in that type of accommodation do not believe that the Government take the problem seriously enough, and that we now urgently require either a direct grant or an allowance for capital borrowing to provide concierge-type services in high tower blocks in Glasgow and other parts of Scotland? Is the hon. Gentleman aware that old people in places such as Ibroxholm Oval are now sitting in their houses paralysed with fear, because they are the targets of the criminal element in our communities? They are the most vulnerable people. They are afraid to stay in in case their doors are kicked in, but they are also afraid to go out in case their homes are done in while they are out. Will the Minister pay more urgent attention to the problem? It now requires Government action.

I am well aware that two of the three tower blocks in Ibrox in the hon. Gentleman's constituency—Iona court and Broomloan court—have concierge services that are working extremely well. The further expansion of that excellent scheme has a great deal to recommend it, but the hon. Gentleman must make representations to Glasgow district council, which has been allocated more than £101 million this year in respect of housing revenue account for capital investment. I should also make it clear that, in recent days, we have allocated further sums of more than £9 million for Scotland, in addition to the £4 million allocated for specific projects for homelessness, which we think will also assist. I recommend that the hon. Gentleman take the matter up with his council.

Does the Minister agree, therefore, that the concierge scheme introduced by Glasgow district council, involving controlled entry and video surveillance, is proving successful in the 80 blocks in which it has so far been operated? Is not it a disgrace, however, that the concierge service has been developed entirely out of Glasgow district council resources and that no money for it has come from the Scottish Office? Is not it also true that, next year, its further development will be restricted to three more blocks, whereas there are 170 tower blocks in Glasgow in which it has not yet been developed? Is not it now time that the Minister acted to solve the problems of high-rise blocks?

We shall, of course, take these matters into account before making the provisional allocations in December. The hon. Gentleman is absolutely right to say that the schemes have been highly successful, but I take issue with him on his assertion that the matter should be taken out of the hands of the district council and placed in the hands of the Scottish Office. It is much better that the district council should have the responsibility for choosing its own priorities. I repeat that I shall bear in mind the hon. Gentleman's remarks before we make our allocations.

Nurses

14.

To ask the Secretary of State for Scotland how many student nurses qualified in Scotland last year; and how many secured permanent employment within the national health service.

In the year ending March 1991, 2,917 students in Scotland qualified for registration as first level nurses. Approximately 4,500 qualified nurses have secured employment in the national health service in Scotland during that period.

Is not it clear that many qualified nurses are not getting jobs in the health service? That is disgraceful because we know that, if resources were made available to extend the Royal hospital for sick children in Edinburgh and provide the promised new hospital in Leith, many more nurses and other medics could be employed to provide the service that they are trained to provide. If the Government claim that the health service is safe in their hands, will they do something about it and provide the resources, so that hospitals—particularly in the Edinburgh area—are given the back-up that they deserve?

I suspect that the hon. Gentleman had framed his supplementary before hearing my answer to his question, in which I made it clear that the number of nurses who were employed during that period was far greater than the number who qualified. The hon. Gentleman will be aware that, under this Government, the number of nurses employed in Scotland has increased by one third. That is a magnificent record. Moreover, their pay has increased by 40 per cent., whereas it went down by 25 per cent. when the Labour Government were in office.

National Health Service Trusts

16.

To ask the Secretary of State for Scotland what meetings he has had with hon. Members on each of the proposals for setting up national health service trusts.

There have been no formal meetings with hon. Members on proposals for setting up national health service trusts.

Why is the Secretary of State afraid to meet Ayrshire Labour MPs? Is it because we will point out that the consultants, general practitioners, radiographers, physiotherapists, occupational therapists, the Ayrshire local health council, all four district councils and the four Members of Parliament who bothered to make a submission were against the proposal to opt out—that all those 200 submissions were against it? It is an insult to all the people who made the submissions for the Secretary of State to suggest that all those professionals are accepting misleading statements and that the quality of their submissions is not as good as those of the handful of people in favour. Will the right hon. Gentleman now throw off the veto of his Minister of State and have the courage to meet us to argue and discuss the case?

Neither I nor my colleagues are afraid of the hon. Member for Carrick, Cumnock and Doon Valley (Mr. Foulkes) or his hon. Friends who represent Ayrshire, however much they may frighten each other. There is a statutory procedure laid down for the consultation process. I am in no doubt about the hon. Gentleman's views as he has tabled parliamentary questions on the matter, he took part in the debate on the regulations on 1 May, he spoke in the Scottish Grand Committee on 9 July and he submitted his views in the consultation process. It would be inequitable to those who take a contrary view to that of the hon. Gentleman if I were to see him exceptionally, in addition to all the other representations that I have received from him, now that the consultation period is over and I am reaching a conclusion on the matter.

Hypothermia

17.

To ask the Secretary of State for Scotland what assessment he has made of the resource implications for the health service in Scotland of the incidence of hypothermia in the winter months.

The NHS is very conscious of the potential for an increased incidence of hypothermia in the winter months and health board plans take account of the need to provide a higher level of services in winter.

I thank the Minister for his reply, but is it not about time that something was done to help senior citizens and the long-term sick? Every year we read about people who have died as a result of hypothermia or from a disease caused by hypothermia, but nothing is done. Every year people are asked to write in and beg for money. Is it not time that the Government got off their behinds and made it compulsory for a payment to be made every year to every senior citizen in this land?

The Labour party cannot hold a candle to the Government's record in terms of helping elderly people with the costs of heating. The hon. Gentleman would do well to familiarise himself with the keep warm this winter campaign run by the Scottish Office which has received every support from local authorities the length and breadth of Scotland.

Nhs Trusts

18.

To ask the Secretary of State for Scotland if he will list the hospitals in respect of which he has received an expression of interest in opting out or establishing a national health service trust.

Three hospital units have applied for NHS trust status—South Ayrshire, the Royal Scottish national hospital and the Foresterhill hospitals group. In addition, formal expressions of interest have been received from the Victoria infirmary, Glasgow, the West Grampian hospitals unit, the Princess Margaret Rose hospital in Edinburgh, and Lothian college of nursing and midwifery.

Can the Minister justify the payment of more than £234,000 of public money to accountants, bureaucrats and consultants to prepare opting-out submissions when that money can be better used to reduce waiting lists or to make a donation to the appeal for the Royal hospital for sick children in Edinburgh instead of being used to propagate Tory party propaganda which is not wanted by the people of Scotland and which would damage the health service in Scotland? What possible justification can the Minister have for that other than his trying to pursue a policy which is completely discredited north and south of the border?

The moneys provided for the preparation of NHS trust proposals are in addition to the moneys provided for patient care. If the hon. Gentleman were interested in patient care, instead of opposing NHS trust proposals in principle, he would look at the merits of the proposals and decide whether they should go ahead on the basis of the interests of patient care—and that is precisely what my right hon. Friend will do. If the hon. Gentleman cares to consider examples from south of the border, he will see that trusts there are cutting waiting lists, employing more doctors, treating more patients and providing a wider range of services at times convenient to patients. It is sheer dogma by the Labour party to reject them out of hand without even considering individual applications.

May I endorse most vigorously what my hon. Friend has just said about the benefits of NHS trusts operating within the health service. There are two trusts in my constituency that offer improved patient care and have taken on more staff. Is it not time that Scotland was able to enjoy the benefits of improved patient care that NHS trusts offer patients in England and Wales?

My hon. Friend is right. I hope everyone in Scotland understands the position of all the Opposition parties. Even if an NHS trust can be demonstrated to be in the interests of patients to reduce waiting lists and provide a better quality of service, they would reject it because they put politics before patients.

Scottish Government

19.

To ask the Secretary of State for Scotland what recent representations he has received on the subject of Scottish government; and if he will make a statement.

A range of representations has been received on the subject of Scottish government.

Now that the Government's risible rump of 10 Scottish Members of Parliament has been reduced to the nefarious nine, and now that the Secretary of State for Scotland arid virtually every one of that nefarious nine trembles on the edge of the abyss of a total political wipeout in Scotland, will the Government finally see the sense of coming to the negotiating table and talking about Scottish government? If not, how few Tory Members do there need to be in Scotland before it is accepted that the status quo is no longer tenable?

This Government will fight the next general election as a Conservative and Unionist Government. On the by-elections, Iangbaurgh strongly suggests that the Labour party will not have the chance to implement its half-baked proposals for a Scottish Assembly, as proposed by the Scottish Constitutional Convention—it would increase taxes, be a constitutional impossibility and lead to constant feuding between Westminster and Edinburgh. That is no answer to Scotland's problems or opportunities. Of course, there is a constitutional choice for the people of Scotland—it is between the Union and independence.

Points Of Order

3.32 pm

On a point of order, Mr. Speaker. I rise as a result of the intervention by the hon. Member for Cannock and Burntwood (Mr. Howarth). I was here from half-past two. The hon. Gentleman came in just five minutes ago. I stood up for six questions, not least for question No. 3, in which I have a constituency interest. In the light of the by-election result in Scotland and the fact that we have an opportunity only once a month to put our constituency interests, I appeal to you not to hear frivolous comments from Conservative Members but only real issues that concern Scottish Members of Parliament.

Order. I do not need any help. This is a United Kingdom Parliament. The hon. Member for Cannock and Burntwood (Mr. Howarth) has as much right as anyone else to ask a question on a matter of general interest to the whole House of Commons. I am aware that it is not possible for me to call every Scottish Member at Scottish Question Time, but I thought that it was fair today—I hope that the House will agree—to get as far down the Order Paper as I possibily could.

We managed to get down to question No. 19, and the hon. Member for Dundee, East (Mr. McAllion) had already asked a question. That was not bad.

Further to that point of order, Mr. Speaker. Would it be appropriate to remind the hon. Member for Dumbarton (Mr. McFall) that this is the United Kingdom Parliament? If he wants home rule for Scotland, he can have it, and then we will have home rule for England as well.

Further to that point of order, Mr. Speaker. Is not the difficulty in which you are placed the fact that there are now only four Government Back-Bench Members representing Scotland, and 63 of different parties on the Opposition side of the House? Frankly, Mr. Speaker, if you are obliged to continue to apply the archaic rule in total contradiction of the balance of the parties in Scotland, this place will look increasingly irrelevant to the people of Scotland.

Order. Let me deal with one point at a time, please. I must keep a balance in this House. Hon. Members from Scottish constituencies have as much right as an hon. Member from an English constituency to raise a question on defence or any other matter—[Interruption.] And they do. Equally, the whole House will have seen for itself how far we have moved down the Order Paper today and that I have called a number of English Members on hospital trust matters.

Further to that point of order, Mr. Speaker. I think that there is a general recognition on the Opposition side of the House that you have a difficult job at Scottish Question Time. I recognise that it is difficult to balance interests. That difficult situation is made infinitely worse and more galling to colleagues who have been rising repeatedly, question after question, without success, when a Conservative Member swans in, three quarters of the way through Scottish Question Time, and is instantly called.

The hon. Member for Cannock and Burntwood (Mr. Howarth) was not instantly called.

Order. Perhaps those hon. Members who have raised points of order have done a service to the hon. Members who wish to take part in the ballot. If I take one more, two more Members can sign the book.

As a Back Bencher, I need the opportunity of raising questions at Scottish Question Time. It is lamentable that the Government have not set up a Select Committee on Scottish Affairs, which could help us to deal with Scottish matters.

I had better take one from a Conservative Member now. I call a Member from Cornwall. [Laughter.]

Is not the root cause of your difficulties about the complaint that has been raised, Mr. Speaker, Scotland's gross over-representation in this House on matters relating to other parts of the United Kingdom?

This, of course, is the United Kingdom Parliament—many of us think that that is exactly the problem. However, as you have some discretion in these matters, Mr. Speaker, and while we wait for the Scottish electorate to remove the remainder of the Scottish Conservative party from this House, would it not be appropriate for you to give priority to Scottish Members at Scottish Question Time?

If the hon. Gentleman looks at Hansard tomorrow, he will see that I have done exactly that.

Order. We have a very heavy day ahead of us. I shall have to put a 10-minute limit on speeches, and the hon. Member for Tayside, North (Mr. Walker) might be affected by that.

Very well: I shall trade the hon. Gentleman a point of order for a speech.

Thank you, Mr. Speaker. I am raising a point of order because my understanding is that this is the United Kingdom Parliament, which has representatives from all over the United Kingdom. The cornerstone of our democratic system is hon. Members' right to ask questions and to have those questions answered. Can you confirm, Sir, that you keep a record of the questions that have been asked and that, although the Scots comprise less than 9 per cent. of the United Kingdom population, their representatives regularly ask more than 9 per cent. of the questions that are raised in the House?

I must now bring this matter to a conclusion. I do indeed keep a list of questions, but I advise hon. Members representing Scottish constituencies that the next time we have Scottish Questions those hon. Members who have been called today will not stand quite such a good chance of being included next time.

Ballot For Notices Of Motions For Friday 29 November

Members successful in the ballot were:

  • Mr. Derek Conway
  • Mr. Gavin Strang
  • Mr. John Bowis

I do not think that I need any more points of order. I have taken my final point of order this afternoon. The Clerk will now proceed to read the Orders of the Day.

Orders Of The Day

Asylum Bill

Order for Second Reading read.

Let me finish this first, please.

I have selected the amendment in the name of the Leader of the Opposition. In view of the pressure to participate in the debate, I shall put a precautionary limit of 10 minutes on speeches between 7 and 9 o'clock. If hon. Members who are called before 7 o'clock keep broadly to the time limit, it may be possible, in the interests of the whole House, for the occupant of the Chair to relax that limit later in the debate.

I am sorry to detain you and the House, but this is an important matter of order which affects the Bill. Later this month, the Commission for Racial Equality will consider instigating a judicial review against the Government's proposals to withdraw the green legal aid form in cases of political asylum and immigration. What opportunity will be given to a Law Officer to give advice to the House on the matter? The Home Secretary has told the Commission that he cannot give advice on the matter. There is widespread anxiety that the Bill may be a clear breach of the Race Relations Act 1976.

The hon. Gentleman can raise those matters when I call him in the debate, as I hope to do. The Law Officers may attend the Standing Committee. That is a normal procedure.

3.40 pm

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

The Bill deals with the treatment of asylum seekers and procedures for determining their claims. As I made clear to the House on 2 July, the numbers of people seeking asylum pose major problems both in Britain and throughout the world. There have been more than half a million applications for asylum in Europe this year. Germany estimates that it will receive about a quarter of a million applications. The United Kingdom total, including dependants, will exceed 50,000–10 times the figure only three years ago. By the end of October we had received some 38,800 principal applications during this calendar year.

The United Nations High Commissioner for Refugees has estimated that there are 17 million refugees and asylum seekers in the world. A phenomenon of that order cannot be ignored. It is not scaremongering or playing the numbers game to recognise and respond to changes on that scale. On the contrary, it would be a gross irresponsibility for the Government to ignore them and pretend that numbers do not matter.

On the continent, political movements are already emerging which thrive on the flow of refugees and exploit naked nationalism. In France, Le Pen's party seems to have 30 per cent. support in opinion polls. Young fascists march in Germany and chant the slogans of the 1930s. In Austria this week, a far right-wing party has just won 22 per cent. of the votes, campaigning on a slogan of "Vienna for the Viennese". Those are disturbing trends, with resonances from the darkest period of European history. We must ensure that such movements are not given the opportunity to develop in our own country.

We have been working at improving race relations in Britain for over 30 years, under successive Governments. Some of the speeches by politicians of all parties on the continent in recent months would be simply unacceptable from a politician in Britain. I draw some comfort from that fact, because it reflects our maturity in dealing with such matters. But we must keep working at it. One of the most important messages that we must give to everyone in our country is that we have in place proper, fair and effective policies to deal with the unprecedented flow of asylum seekers.

No, I want to get into my speech. I shall give way to the hon. Gentleman and to my hon. Friend in a moment.

I remind the House of the measures which the Government have already taken, and of four in particular. First, we have increased by five times the staff who determine asylum claims to over 500 during this financial year; 330 are already in post. Secondly, we have increased from £1,000 to £2,000 the charge under the Immigration (Carriers' Liability) Act 1987 for bringing improperly documented passengers to Britain. Thirdly, we have placed document specialists at Lagos airport. A second team is currently working at Moscow airport, which has become a major transit point for people without proper documents. Plans are well advanced for similar exercises elsewhere. Fourthly, we intend to increase the provision of detention places by 290.

The right hon. Gentleman will recall that, when his predecessor introduced the Immigration Act 1987, he talked about providing a better customer service from Lunar house in Croydon. Does he not share part of the responsibility for the Government's failure to allocate more resources to deal with asylum applications at least four year ago when the problem first arose? Does he accept that what he has announced is not sufficient to deal with the applications from asylum seekers, let alone with other immigration applications which are bottling up Lunar house?

We are increasing resources constantly, not only at Lunar house but also in the naturalisation department in Liverpool, which is an aspect of that. We doubled resources in 1989, and as soon as I became Home Secretary, I realised that that was one of the most important issues that I would have to deal with. I therefore put in hand increases which are now in place.

Does my right hon. Friend recall the case of one Viraj Mendes? He will be aware that I have taken a great interest in Sri Lanka since I have been in the House. Is he aware that that gentleman hoodwinked the nation for about eight years and that in the end his wife made it clear that the man was entirely bogus? Is he aware that the Church was totally taken in, and everyone in Sri Lanka in the end made it absolutely clear that the man was bogus? When he returned to Sri Lanka, he returned to safety and, according to the latest reports, he is now in Germany. In those circumstances, my right hon. Friend's proposals are greatly to be welcomed, to ensure that Tamils who are genuine and need asylum can be properly considered.

I could not agree more with my hon. Friend. He specified the details of that case precisely. One of the most important points was that, after a long process when every possible avenue had been carefully and scrupulously explored, when Mr. Mendes was returned to Sri Lanka he suffered no persecution whatsoever.

In reviewing the measures that have been introduced in the past few years, my right hon. Friend referred to carriers' liability. He will recognise that that is causing substantial problems for a number of carriers. Could he review the way in which the regulations work and their impact on some carriers?

We are providing a great deal of advice and training for officials of different carriers—and not merely for British Airways, because we do not expect airline officials to be immigration officers; that is not their function. However, it is entirely right that we should ask them to check whether documentation is correct. I remind the House that we are not alone in doing so. Virtually every other country in Europe does it, Canada and America do it—fines in America are $5,000, and in Canada the penalty is $3,000—because all countries recognise that airlines have responsibility in that matter.

There appears to be bipartisan agreement that bogus asylum seekers should be dealt with, but there is a good deal of concern among voluntary societies and practitioners. Could my right hon. Friend make it clear that, during the passage of the Bill, he and his colleagues will have consultations with those who make representations to ensure that their worries about links between people with different claims and the causes of large-scale immigration are considered together?

Yes, I shall certainly give that undertaking. We have already received a considerable number of representations. My hon. Friend the Minister with responsibility for immigration matters met a delegation from various refugee groups yesterday. We shall certainly continue to receive representations during the passage of the Bill.

Will the Home Secretary admit that the problem of bogus applications, and there are some, is entirely the responsibility of the Government, in that the enormous delays in processing applications, which cause great fear for real refugees, have encouraged bogus organisers of fraudulent claims, such as the friend of the hon. Member for Hayes and Harlington (Mr. Dicks)? I wrote a long time ago to his Department and asked it to move against him and the Department failed to do so. There is a simple remedy: speed up the processing, and we will not have the problem. We do not need any other changes or legislation. The Government's inefficiency bears the whole responsibility.

I hope that the hon. Lady will vote for the Bill, because its purpose is to speed up the process. It is an absurdity to say that we are responsible for bogus applicants. Can the Government be held to blame for such claims as this—a Turkish Cypriot claiming asylum on the basis that her mother did not get on with her husband and was trying to break up her marriage? That is the sort of claim that one gets. I do not want to make too much of them, but there are bogus applications and they are completely clogging up the system.

To get the balance right, I give way to my hon. Friend the Member for Southend, East (Sir T. Taylor).

In view of the serious situation that my right hon. Friend has outlined and the excellent policies that he is introducing to deal with it, can we have a clear assurance that the Government will resist any proposals at the Maastricht discussions to transfer immigration control to Brussels or the European Economic Community?

I have already made our position on that extremely clear. I am wholly opposed to a transfer of competence to the European Community on matters of asylum and immigration. That is our negotiating position. The matter is rather tangential to this Bill, but I am glad to clarify the position.

To respond to the phenomenon of asylum seeking is not in any way racialist. This is not about discriminating against non-white applicants. Eastern Europe remains a major cause for concern. Despite the growth of democracy there, the number of people from eastern Europe seeking asylum in the west has increased significantly. Nearly half of Germany's huge total of asylum seekers are European.

Last week, the right hon. Member for Birmingham, Sparkbrook (Mr. Hattersley) accused me of being unduly alarmist when I referred to the figure of 7 million Russians wanting to leave the Soviet Union. That was not my figure; it was given by a senior Soviet spokesman at a conference in Vienna that I attended with other Ministers of the Interior at the beginning of this year. He surprised and alarmed us all by saying that, following the liberalisation of exit controls, he expected that up to 7 million Soviet citizens would want to work in the west. Many might seek to use the asylum route and, indeed, it would be naive to think otherwise.

I was appalled when, in his party conference speech, the right hon. Gentleman said that we were preparing to play the race card in this matter. He has flirted with that theme. He has ducked, bobbed and weaved with it, but he is clearly embarrassed by it now. His hon. Friend the Member for Edinburgh, Central (Mr. Darling) has not attempted to get into this murky area. He has not followed the right hon. Gentleman's grubby lead.

As I said at the Conservative party conference, I want to make it clear that our policy is colour blind. It applies to people wheresoever they come from, whether Africa, Asia or eastern Europe.

The trouble with the right hon. Gentleman is that he has been searching for a way to do nothing about this problem. He would prefer to turn a blind eye to the problem of asylum seekers around the world. When he appears on television or in the media, he pooh-poohs and belittles it, and gives the impression that we are exaggerating the problem. He will not face up to the problem.

Faced with the evidence that we have, any responsible Home Secretary would act as I have acted. For the right hon. Gentleman to oppose the Bill and underestimate the problem that faces us shows that he is completely unsuited to hold this office. I suggest to him that he should overcome his natural sloth and complacency. [Interruption.] The only race card being played is being played by the right hon. Gentleman.

I give way to my hon. Friend the Member for Wolverhampton, North-East (Mrs. Hicks).

Does my right hon. Friend agree that it is a question not of being racialist but of being realistic? Is there not some hypocrisy when the Opposition talk of problems of unemployment and housing, yet suggest that we add to them—[Interruption.]—by advocating an open-door immigration policy that will mean more people coming to our constituencies and competing for homes and jobs? The people of Wolverhampton, all colours and creeds, live daily with that reality. May I assure the House that my right hon. Friend has their full support and that they are completely opposed to the right hon. Member for Birmingham, Sparkbrook (Mr. Hattersley)?

My hon. Friend should know that I will deal with the interaction between immigration policy and asylum seeking later. It is realistic to recognise that there is a significant problem with which we must deal and that it is right to do so.

I have given way a great deal, and I must pursue my speech.

It is clear that many people are now using asylum claims as a means of evading immigration control. As numbers rise, a decreasing proportion are found to qualify for refugee status. In 1980, in the United Kingdom, 64 per cent. of claimants were recognised as refugees. Last year, the figure was about 25 per cent. In Germany, it was less than 5 per cent.

I am anxious to find common ground in the country on this matter and I strongly suggest that it is important that that common ground is found. My view is shared by the United Nations High Commissioner for Refugees. His director of international protection, Michel Moussalli, wrote in "Refugees" magazine—the UNHCR publication—in May:
"The majority of people coming as asylum seekers into Europe are not refugees but economic migrants."
He also said that they
"clog up the asylum procedures which cannot function normally any longer. This in turn proves to be an attraction to many destitute persons abroad, who feel that if they apply for refugee status in a Western country, they will be taken care of by the social welfare system of that country for a year or two, or even longer, while their claims are being examined."
Those are the words of the international protection director of the UNHCR, and he has touched upon an important point.

Applicants benefit from delays in determination systems and the complicated review procedures after the initial decision. That pattern is repeated across Europe; that is why we must ensure that we reduce and not add to the delays when we change our system and introduce new rights.

I have given way a great deal, and I must pursue my speech.

The category of "refugee" is defined in the 1951 United Nations convention. It is important to recognise the philosophical background to that definition. There is a basic assumption in international law—and in common sense—that a state will protect its citizens. That is the very reason for the existence of states. The 1951 convention is about citizens whom a state is actively seeking to harm. It is not enough to say that most asylum applicants are deserving because they come from "unstable" or "strife-torn" countries. It is not enough that a state is unlucky or incompetent in its economic, social or foreign policies—that jobs or food are scarce, or that it is at war with itself or with its neighbours.

By the 1951 convention, the international community has singled out the persecution of the individual on racial, religious or political grounds as the cause for special concern. I repeat clearly today that the Government will continue to honour their commitment to people in that category. We have followed that noble tradition over the centuries, and that category certainly exists.

When considering measures to resist the exploitation of our procedures by manifestly unfounded applicants, we should not forget the clearly well founded applicants—genuine refugees who often have harrowing stories of suffering, degradation and torture. We will continue to respond sympathetically to their needs.

Is the Home Secretary aware that the argument is not about bogus asylum seekers? Those claimants undermine the claims of genuine asylum seekers, and no one would wish to defend them. However, does the right hon. Gentleman recognise that profound disquiet has been expressed about some of the proposals in the Bill, particularly the fast-track ones? The letter published in The Times today from the Archbishop of Canterbury and the Cardinal Archbishop of Westminster expresses the profound disquiet among many people who are concerned about genuine asylum seekers. If the Bill is not amended, those genuine claimants will undoubtedly be penalised. Will the right hon. Gentleman take that on board?

The hon. Gentleman anticipates what I am about to say. I shall deal with that point in a few moments.

I was dealing with the definition of refugees under the 1951 convention, and concentrating on the well-founded fears of persecution. There is considerable pressure for people all over the world to migrate, for all sorts of reasons. But why should the inevitable response to a problem in one country be permanent emigration to the other side of the world? Should all the 17 million refugees whom the United Nations have identified be allowed to come to Europe if they so choose? The closer refugees remain to their own countries, the easier it is to organise their return when conditions allow. If repatriation is not possible, the United Nations considers that integration and settlement within a refugee's region is the next best alternative. Resettlement outside the region should be considered only in the last resort.

For example, why did more than 600 Angolans apply for asylum here in October alone? Angola has its problems but it has no ex-colonial links with this country. Angolans tend to speak Portuguese rather than English, and Angola directly borders four other countries. In 1969, the Organisation of African Unity agreed a convention under which member states undertook obligations for refugees in their own regions, which goes considerably further than the United Nations convention. Do Angolans really need to enter Europe in such numbers?

We are not washing our hands of the problem. The United Kingdom plays a full and honourable part, financially and diplomatically, in alleviating the suffering of refugees in regions close to their own countries. Last year, we spent some £60 million helping refugees and displaced persons overseas. The House will recall that we took a strong lead in the international effort to help the Kurds in Iraq. In that context, asylum-seeking in the west is, in many ways, a damaging and distracting sideshow. It consumes many times the global budget of the UNHCR in supporting a self-selecting minority, without addressing the real problems that lie behind the asylum-seeking flows.

I remind the House that the United Kingdom and other developed countries of Europe must assist and support the developing economies, especially in eastern Europe, to ensure that people will want to stay and strengthen those economies themselves. Yesterday's leader article on Austria in The Times concluded:
"The Community must itself look east and rebuild by free trade those shattered economies if the migration on which far-right reaction feeds is to be stemmed".

If my hon. Friend will forgive me, I must resume my speech. I have not given way to Opposition Members—[Interruption.] As there is acclamation for my hon. Friend, I am delighted to give way.

Does my right hon. Friend agree that the opportunity for this country to help support genuine refugees abroad through various aid programmes is not helped by the fact that, according to a headline in The Times today, bogus refugees bleed Britain of £100 million through benefit fraud? Has he seen the comments of a DSS officer in the same article that benefit fraud is now a national sport and that bogus asylum seekers think that the way in which this country hands out so much money is hilarious?

Like the hon. Member for Walsall North (Mr. Winnick), my hon. Friend anticipates a point that I shall come to. I shall deal with that matter in a moment. I shall deal with both points in my own way and in my own time.

The central purpose of the Bill and the rules that we have published for consultation are to speed up the determination process and to ensure that genuine cases are promptly identified and that rejected applicants leave the country. The Bill gives new rights of appeal.

With great respect, I must continue; I have given way a great deal.

Clause 1 defines a claim for asylum in terms of a potential breach of the United Kingdom's obligations under the 1951 convention. Clause 2, which is one of the more controversial clauses, deals with fingerprinting. The Government have been criticised on that provision, so I wish to explain why we think that it is necessary.

Clause 2 provides for the fingerprinting of all asylum applicants because more than half of those who apply at ports have disposed of their travel documents and other forms of identification before they arrive in the United Kingdom. Many of those documents are destroyed on the aeroplanes. Increasingly, applicants in this country who have been here for some time present themselves without documents and freely admit that they have passed on their documents after entering illegally——

I can help the hon. Lady on that point. As the House knows, most asylum applications are made by people resident in this country—some 75 to 85 per cent. are made by people who have been living in this country as visitors, students or tourists for some weeks, months or years. When they seek to claim refugee status, they do so in two ways: they go to Croydon and claim it, or they apply by post. If they write in and apply by post and do not include their passport, we have no means of knowing their real identity——

I am now coming to the question that the hon. Member for Birmingham, Ladywood (Ms. Short) shouted out a moment ago, and I must ask her to contain her natural enthusiasm for knowledge. I am just about to answer.

In order to deal with applications by post, on I November we introduced a new system, under which those applicants who cannot establish their identity by sending their passports are called for interview. It may interest the House to know that, of the first batch of 130 interviews arranged, only one of the applicants has so far turned up.

No, I shall continue and develop my argument.

The House will know that most asylum applications are made by people who have already entered the United Kingdom and then seek to extend their stay. We have uncovered a number of cases in which individuals have made multiple applications in false identities.

I am coming to that. The anxiety of Opposition Members to learn bad news seems to be almost unchallenged.

Other countries have the same experience, and a number of them, including France, the Netherlands and Switzerland, already take fingerprints from all asylum applicants and make systematic comparisons. On introducing such systems, they found that between 5 and 20 per cent. of applications were multiple. We are finding the same problem. Eight asylum applicants arrested in August were found to have made 100 asylum and social security applications between them. One applicant had 49 identities and another had 34. One suspect was found in possession of 14 Department of Social Security payment books.

They are.

A forgery kit was found which included falsified letters from the Home Office, Angolan, Gabonese and Burkina Faso birth certificates and Gabonese authenticating stamps. More than 100 cases are under investigation. Clearly, measures are needed to tackle that problem. There are 56 north London addresses under investigation at present. One address in Gravesend which was under investigation was the source of 47 asylum applications—[Interruption.] Opposition Members want the information, but they do not like it when I give it to them. A further 600 files are under suspicion—[Interruption.] If Opposition Members say that it is not a problem and the matter should be tucked away, that shows their attitude to asylum-seeking.

There are other problems relating to identity. A case was brought to me only this morning of an Angolan——

The Secretary of State is not talking about the Bill.

I am talking about clause 2.

An Angolan/Zairean entered this country illegally, sought asylum and was given it. During the following Department of Social Security inquiries, it was established that he had been given asylum in France in another name and under another identity. The determination of identity, therefore, is very important.

There is now a clear practical need for fingerprinting powers in this country. There is no question, as some have suggested, of our seeking to criminalise asylum seekers. The system will be operated by the immigration department entirely separately from police records.

Clause 3 contains provisions to modify the duties on local authorities under the homelessness legislation in relation to asylum seekers. These measures will be fairer to people on local authority waiting lists, while continuing to provide protection for asylum seekers in genuine need. It is illogical that someone whose right to remain in the country permanently is still under question should be able to secure permanent accommodation in this way and even acquire the right to buy.

We therefore propose two extra tests for asylum seekers who are waiting for their asylum applications to be decided. Do they have reasonable accommodation at the moment, even if it is only temporary; and is there any other accommodation to which they could reasonably go? The Bill provides that, if they meet all these tests, local authorities have to provide only temporary accommodation until the asylum applications are decided.

Order. The three hon. Members who are rising are seeking to participate in the debate. It might be better if the Home Secretary completed his speech and they then made their points during the debate so as to receive an answer from the Minister who will wind up.

I have given way generously, and I think that I should pursue my explanation of the Bill.

Clause 4 provides for the curtailment of any existing leave to be in this country in another capacity when an asylum application is refused. For example, when a person is admitted as a visitor and then applies for asylum, it will usually be inappropriate to go back to treating him as a tourist. Since an asylum application is a request to be dealt with outside the normal immigration rules, it is unreasonable to treat rejected applicants as if nothing has happened and allow the regular procedures to take their course. The Bill will allow simultaneous decisions to refuse asylum, curtail leave and deport. All the issues raised can then be addressed in a single appeal.

Clause 5 and schedule 2 set out new appeal rights for all asylum seekers before removal, regardless of immigration status. Immigration and refugee organisations have pressed for this change over a number of years. The clause gives everyone an appeal right, while avoiding exploitation of the system with repeated appeals on the same facts.

Appeals will be dealt with by nominated independent immigration appeals adjudicators. Applicants will be required to obtain leave from a special adjudicator before proceeding to an oral hearing of their case, and the procedural rules outlined by the Lord Chancellor will make it absolutely clear that an adjudicator will be required to grant leave for a full oral hearing unless he is satisfied that there is no arguable case. This procedure is necessary to ensure that cases that are manifestly unfounded do not clog up the system. For example, a young man arriving at Dover on the ferry from Calais can be sent back for his asylum claim to be examined there without undue delay.

I hope that, even at this moment, we can persuade the Home Secretary to stop saying that the Bill provides automatic rights to appeal. It provides no such thing. It provides the right to apply for an appeal, to ask for an appeal, to seek leave to appeal. That is quite different, and the Home Secretary should stop repeating the fallacy.

The right hon. Gentleman has not understood the Bill correctly. People applying for asylum have a right to appeal now, under the existing system. We are extending the right to appeal. For instance, if someone applies for asylum at one of our air or sea ports, he is examined by officials from the immigration department, who make a decision that is final. In future, it will not be final. Asylum seekers will be able to seek leave to appeal to an independent adjudicator, who must examine the case and deal with the appeal in one of two ways. In accordance with the Lord Chancellor's rules, he can say that there should be an oral hearing, if there is an arguable case. We expect that most cases will be like that. He will also address some cases that are manifestly unfounded, without an oral hearing. That will still be an appeal to an independent adjudicator, a procedure that does not currently exist.

Will the Home Secretary concentrate on the wording of the Bill and the rule, because they make it absolutely clear that the right is to apply for leave to appeal? The adjudicator, about whom the Home Secretary has said so much, is entitled to refuse leave to appeal. If that happens, in law no appeal occurs. The Law Society and the Bar are unanimous in that view. Everyone who has looked objectively at the Bill makes the obvious point that leave to appeal is not the same as an appeal. Whether or not the Home Secretary knows it, his explanation makes it absolutely clear that the person who might grant leave to appeal is entitled, on nothing more than re-reading the papers, to refuse leave. That is not an appeal.

I shall justify what I have said on the grounds of several cases. The right hon. Gentleman's interpretation is wrong. The Bar Council has not made the point that the hon. Gentleman suggests, although it has made other points. We are inserting a new right for those who make applications at the port to have their case determined by an official in the Home Office and to go to an independent adjudicator, who has the choice between granting a hearing or going through the papers and carrying out the appeal process himself. That latter process is needed for clearly unfounded cases. Therefore, an independent adjudicator looks at the case again. That is a second person looking at the case, but the right hon. Gentleman does not seem to be able to understand that, although I have said it three times.

My right hon. Friend is being most helpful in explaining the new system. Will he confirm that it is similar to cases in which there is an appeal on facts, the leave for which has to be granted by the Court of Appeal? In cases where there is a clear right of appeal on a point of law, because the adjudication was wrong in law, would there still be a right of appeal to the High Court on a prerogative writ? If there is, that is perfectly normal, and the same as a normal court case.

A later clause in the Bill makes it clear that there is a right of appeal to the Court of Appeal.

No. I am sure that the hon. Gentleman will be called to speak.

Under the draft procedural rules set out by the Lord Chancellor, which have been published for consultation, an application for leave to appeal must be made not later than two days after the applicant has received notice of the decision against which he wishes to appeal. We have received representations from refugee groups and others, and I have seen the letter from the archbishop and the cardinal in today's issue of The Times I am certainly prepared to consider those representations as the Bill is debated. Those who argue for an alternative procedure must be expected to demonstrate that it would not add to the scope for abuse and delay.

Clause 6 provides a further avenue of appeal on points of law to the Court of Appeal. That was mentioned by my hon. Friend the Member for Leicestershire, North-West (Mr. Ashby). That is likely to be relevant only in a minority of cases, but it will provide a specific means of resolving matters in which a real legal point is at issue.

Clause 7 puts on a statutory basis the existing administrative arrangements for requiring visas of passengers who are ostensibly planning to change planes at a United Kingdom airport without passing through immigration control.

I come finally to the draft immigration rules. They fit together with the Bill and the Lord Chancellor's procedural rules. The right hon. Member for Spark brook nods. They have to be seen as a complete package. Their provisions and the additional staff that we are recruiting will enable most cases to be resolved in three months, as against the current average of 20 months.

The asylum rules include, in paragraph 6, a list of criteria which may cast doubt on an applicant's credibility and may lead to refusal. Some immediate reactions to the rules have characterised these criteria as harsh and unsympathetic. Are those critics really saying that it is all right for asylum seekers to lie to us, to conceal relevant information, to destroy documents deliberately or to make multiple applications in different identities? Are they saying that, if we find them out in this sort of trickery, we should pat them on the head and pretend that it did not happen? Self-evidently, that would be absurd. It may be the case that genuine refugees will sometimes not immediately tell the whole truth, but that is something to look at in individual cases. One does not set up the system on the assumption that genuine applicants will lie.

Some critics quote the United Nations handbook on determining refugee status if they feel that there is some deficiency in our procedures. However, they do not always mention that the handbook places clear responsibility on the applicant to tell the truth and assist the examiner in full, to make an effort to provide evidence and to supply all pertinent information concerning himself and his experience in as much detail as necessary.

The asylum rules also make it clear that applications will be refused when an asylum seeker could have sought protection in a safe third country that he has been in before coming here. The aim is quickly to weed out cases where there is no question of the United Kingdom's obligations being engaged. This is fully in line with accepted international practice.

I hope that the hon. Gentleman will forgive me if I do not.

Our proposal on political activities is often misrepresented. The right hon. Member for Sparkbrook did so in the debate last week, and I heard him do the same on television today. We are not saying that asylum seekers must refrain from political activity while they are here, but if they indulge in political activity with the specific intention on enhancing a claim to asylum, the High Court has made it clear that we are not obliged to accept them as refugees.

In a particular case, ex parte B, an Iranian with no history of political involvement waited until he had been refused an extension of stay before joining an opposition party in the United Kingdom, and then had photographs of himself at a demonstration printed in his brother's newspaper. That is what we are up against. The court found that the Secretary of State was justified, having regard to his applicant's faith, in rejecting his application.

The underlying intention of all these changes is to give all applicants a proper opportunity to state their case and give genuine refugees who are entitled to the United Kingdom's protection early recognition of that fact. The option of exceptional leave will remain, but our aim is to use it only when there are genuine and compelling humanitarian factors.

The Government want to protect genuine refugees and will work for solutions to their problems, but domestic asylum policy is only part of that process. To achieve the wider objective, it is essential to preserve public sympathy for refugees—and public confidence in the fairness and firmness of our determination system is crucial to that.

Our asylum system must function within the context of our commitment to effective immigration control. The control has been distorted and strained by the growth in asylum numbers and by blatant misuse of asylum procedures. The Bill will play an important part in restoring a proper balance. I commend it to the House.

4.22 pm

I beg to move, to leave out from "That" to the end of the Question and to add instead thereof:

"this House, whilst reaffirming its determination to prevent bogus asylum seekers from entering the United Kingdom, declines to give a Second Reading to a Bill which, because of the arbitrary criteria against which asylum applications are measured and the inadequacy of the appeal system for those who are initially rejected, will result in the exclusion of men and women who have well-founded fear of persecution and death and is therefore in breach of this country's obligations under the United Nations Convention of 1951."
According to the Queen's Speech, the Bill is intended to do no more than improve the speed and efficiency with which the Home Office examines and determines applications for asylum. Were that its true purpose, and if that intention were properly reflected in its clauses, we would vote for Second Reading. Speed and efficiency in handling these applications are essential. Some of the delays that have characterised examinations have been intolerable and the Opposition have joined Amnesty International and other organisations to urge the Home Secretary both to improve procedures and to provide extra resources to deal with the applicants.

The announcement of extra resources is welcome. The nub of our complaint to the Home Secretary, however, is that the need for more speed cannot be made an excuse for the operation of less justice. In any case, it is by no means certain that the Bill's provisions will materially reduce the time that it takes to determine an asylum application. In my experience, delay is usually a result of the Home Office's failure to make a swift judgment. Yet the one stage in the whole procedure that is not given an end date in either the Bill or the attendant regulations is the date of the Home Office's eventual decision.

Let me make clear—beyond doubt, I hope—that bogus asylum seekers must be prevented from entering the country. That is an honourable and sensible objective, and our amendment reflects our determination to ensure that bogus asylum seekers are identified and denied entry. I am grateful to the hon. Member for Eltham (Mr. Bottomley), who intervened on the Secretary of State to put on record the existence of unanimity across the Chamber and between the parties on the need to exclude such bogus asylum seekers. Such objectivity secured the hon. Gentleman's removal from the Government.

Our objection to the Bill—and we hold this view with some strength of feeling—stems not from its effect on the bogus asylum seeker, but from its consequences for the genuine refugee.

Not yet.

If the Bill is passed, some men and women with a well-founded fear of persecution will undoubtedly be returned to imprisonment, torture and possibly death. What is more, the Bill's authors must know that. The best that can be said of them is that an obsession with unjustified claims has overridden whatever conscientious concern they ever had for genuine refugees.

Not for the moment.

We are not alone in our opposition to the Bill. This morning, the Archbishop of Canterbury and the Cardinal Archbishop of Westminster criticised it in exactly the same terms as our amendment. Being of a theological disposition, they dealt with the "whited sepulchre" aspect of the Government's proposals. They said:
"There is little virtue in proclaiming a willingness to open the door to genuine asylum seekers if the path to it is effectively blocked by provisions which obstruct rather than facilitate access to fair adjudication".
That amounts to the sin of the Pharisee.

I was struck by the comments made by the Home Secretary at the beginning and at the end of his speech. At the end, he announced that it was his duty to do what he could to maintain public sympathy for refugees. At the beginning, he regaled the House with Conservative club tittle-tattle about how many applications made five, and what abuses of the public system were common among refugees.

I was asked for that information by an Opposition Front Bencher, and I gave it to the House.

Many of the right hon. Gentleman's predecessors would have regarded such bar-room tittle-tattle as beneath them.

The Bill can be seriously examined only in conjuction with the related documents that the Home Secretary issued along with it—the new immigration rules and the asylum appeals procedure rules. The Home Secretary mentioned them in passing, in the last two or three minutes of his speech; however, they are in every respect crucial to the application of the Bill that he purported to describe. Together, they demonstrate the true nature of the Bill: it is arbitrary, partial and, in some respects, retrospective. I shall take the Home Secretary through the Bill's stages and its attendant documents, as he did not go through them himself, so that the House, and perhaps even the country, will really understand its consequences.

Will the right hon. Gentleman tell the House whether, if the Labour party came into government, he would repeat what that party did twice when it was last in government and grant an amnesty to those awaiting a decision on their applications—to illegal immigrants, in some cases? Such people would still exist if the Labour party came into power. Would the right hon. Gentleman grant a full amnesty, as the Labour party did before, or would he accept the law as it then stood and send such people back?

No. We shall introduce new rules, which I shall describe at the end of my speech. We shall certainly not indulge in the altogether unattractive practice of retrospective legislation.

That brings me to the next pont that I was about to make. Clause 1 defines an asylum seeker as a person whose claim is
"recorded by the Secretary of State as having been made".
That is when the processes that the Bill sets up begin, so I ask the Home Secretary a question. I hope that the right hon. Gentleman will listen to at least part of my speech; a little ritual abuse and the reading of a Home Office brief is not enough for the entire afternoon. I want to ask the right hon. Gentleman three or four questions, and as I complete each one I shall willingly sit down so that he can answer it straight away.

I have told the Home Secretary—apparently, he did not know before—that clause 1 says that an application begins when the Home Secretary accepts and registers such an application. Does that mean that all asylum seekers past and present will be subject to the provisions of the Bill as soon as it becomes law? Or will there be transitional arrangements for asylum seekers whose applications are outstanding?

If the Government intend to judge existing asylum seekers under the present law, it is no good the Home Secretary's telling us that the Bill will speed up the process. There are very many applications in the pipeline. If, on the other hand, existing applicants are to be judged under the new regulations, they will be subject to retrospective legislation that will deny them rights that existed when they made their applications. What is more, and perhaps worse, they will be judged according to the criteria governing the consideration of cases set out in the new immigration rules. Those rules are different from, and far harsher than, those that applied when the men and women now in the queue made their applications.

I shall mention three rules, each of which is in my view wholly unacceptable. The first rule requires immigration officials to doubt an applicant's credibility, and therefore probably to refuse his application, if the applicant
"has made false representations either orally or in writing".
A related provision requires the same reaction if the applicant has
"destroyed, damaged or disposed of any passport, other document or ticket relevant to his claim".
That requirement contravenes article 31 of the United Nations convention, which specifically accepts that many asylum seekers may have neither the time nor the opportunity to go through the complicated procedure of obtaining visas and the required travel documents. The rules—laid down by the United Nations High Commissioner for Refugees—are specific on that point.

The Home Secretary talked about the rules, but he did not quote the relevant and operative sentence, which reads:
"Untrue statements by themselves are not a reason for refusal of refugee status and it is the examiners responsibility to evaluate such statements in the light of all the circumstances of the case".
By ignoring that advice the Government breach the rules.

That is exactly what our draft rules say—that those factors will reflect on the credibility of the applicant. That does not mean that the applicant has to be refused. It means that those factors have to be taken into account, to reach a true judgment. That is exactly in line with the rules under the convention.

If that is the case, let us come to an agreement—which will move the argument a great deal further on—that a note should be added to the draft rule in question to the effect that, on some occasions, asylum seekers will not be able initially to give an honest explanation of their position. Let us add that specifically to the rules. Let us not merely say it here. Over the past 13 years, I have grown tired of being told, "Don't worry. The rules say one thing but you can trust Ministers to do another." In my experience, Ministers say one thing in the House and then apply the letter of the law rigidly and unyieldingly in dealing with cases, as I shall go on to show in respect of the Immigration (Carriers' Liability) Act 1987. That is why I want such a note written into the rules, and I look forward to hearing the Under-Secretary's answer to my request.

I want the Under-Secretary to confirm that the asylum seeker—pursued by the police and hunted by the security services—cannot queue up outside the British embassy and obtain the authorised papers. The idea that he can is so ludicrous that not even the Home Secretary can accept it. Equally, the Home Secretary ought to know that no British post abroad will issue visas for the purpose of asylum seeking. Many asylum seekers have to escape with no travel documents or with bogus travel documents. They are genuine, but, by definition, their papers are not. That was the case when refugees from Austria and Nazi Germany fled to this country before the war. Had the Bill been in force at the time, many of our most distinguished citizens would have been denied entry to this country in 1937, 1938 and 1939.

Another criterion against which asylum seekers will be judged is whether they had the opportunity to move to another part of the country of origin, which "might be safer". The House will note that the word used is not "safe" but "safer". That means not absolute protection but relative security. The House will also note that the words are not "will be" safer but "might be" safer. Let me ask the Home Secretary for his judgment on another point, therefore. If a Kurd in Baghdad has a genuine, well-grounded fear of persecution, is he entitled to come to the United Kingdom, or is he to be told under the rule that he should have moved into or towards a Kurdish enclave? Perhaps we may have an exact answer to that.

Yesterday, the Minister for Overseas Development was eloquent in her calls for help for the persecuted——

Perhaps the right hon. Gentleman will answer a question. Is any asylum seeker coming from Yugoslavia, parts of which are extremely dangerous, automatically a refugee? Is the fact that one comes from Yugoslavia the only thing that one has to show to demonstrate that one is a refugee, or would the right hon. Gentleman say that these matters depend on the circumstances of the particular case?

Of course I am not saying for a moment that everybody who comes from Yugoslavia can claim to be an asylum seeker. That is why I was careful to say—and I am sorry that the Under-Secretary did not follow me because the Home Secretary was asking him questions at the time—that the Kurd in my hypothetical case had a well-founded fear of persecution. I have no doubt at all, and it is much to my regret, that, in Serbia and Croatia, some individuals will have a well-founded fear of persecution. Having listened to the Minister for Overseas Development on the radio yesterday, and having studied the Bill and the rules accompanying it, I regret that I cannot see how a single Kurd with a well-founded fear of persecution, or a single Serb or Croation who qualifies under the United Nations convention of 1951, could possibly get into this country. Such people could not get a visa for the purpose and they would be turned back if they came here with forged or false papers. There is no way that we could offer them the sort of assistance that a humane and self-confident country should provide.

Let us look at some of the other rules. The Home Secretary referred to the fact that, last Tuesday, I asked him to justify paragraph 6, which requires an immigration officer to judge an applicant's credibility in the light of his political affiliation. I regard that as absolutely intolerable. Of course, we all agree that, if a man pretends to take up a position that he has not previously occupied, that should disqualify him—as part of the evidence—from being an asylum seeker, but that is not what the paragraph says. The paragraph says that, if he takes part in political activity while in this country, that fact may be held against him.

Although it may not be popular, especially on the Conservative Benches, I believe that if a Kurdish refugee in this country has a genuine claim to asylum, he is entitled to go to the Iraqi embassy and say that he believes that Saddam Hussein is an abomination. The idea that that may be held against him is quite preposterous.

I now realise that the situation is worse than I understood it to be. Paragraph 7 of the rules stipulates that the
"actions of anyone acting on behalf of the asylum applicant, whether or not with the applicant's express approval, may be taken into account"
when the applicant's acceptability is determined. That means that a Kurd in danger of his life may be sent back to Iraq, not because of anything that he says, does, believes in or has done in the past, but because of what others do or say on his behalf without his approval or knowledge.

The unacceptability of penalising one man for what another does is something that the Home Secretary should easily understand, because the problem is particularly relevant to him. When immigration officers broke their undertakings and returned an asylum seeker to Zaire before the case had been considered in court, the courts did not hold the Home Secretary responsible for the decision, because it was said that the decision was not taken with his express approval. Similarly, the Home Secretary made the same excuse after the Brixton break-out fiasco: he said that he had not done anything and did not know about it. Why should that rule apply to him when the asylum seeker is penalised for something he does not know about?

I give the Home Secretary credit for not understanding the Bill's most important proposals; otherwise I could describe his behaviour to the House only in unparliamentary language. The inadequacy of the appeal procedure, or, to be accurate, the so-called appeal procedure, is vital. According to the Bill, asylum seekers have no right of appeal. They have a right to ask leave to appeal, but that is quite a different matter. In consequence, the Under-Secretary of State's claims to the contrary are simply wrong. The appeal system is not extended; it is attenuated.

The Under-Secretary of State's letter in today's Independent confuses the issue even more. He has sent so many letters to newspapers that it can only be a matter of time before the Home Secretar