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Commons Chamber

Volume 406: debated on Tuesday 3 June 2003

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House Of Commons

Tuesday 3 June 2003

The House met at half-past Two o'clock

Prayers

[MR. SPEAKER in the Chair]

Oral Answers To Questions

Health

The Secretary of State was asked

Accident And Emergency Services

1.

What advice he has given to hospital trusts in respect of measuring the 2004 accident and emergency four-hour wait targets. [116524]

We have issued detailed guidance on how to measure the number of patients attending accident and emergency departments, and the number of those patients seen, treated and admitted or discharged in four hours or less from arrival. All trusts with an A and E department are required to measure and report these numbers.

But patients are no better off for being treated in other parts of the hospital while being taken off the four-hour wait times, and they are still being treated on trolleys. The recent BMA survey showed that both before and after the monitoring period in March, A and E departments met much lower thresholds. Doctors are worried that the process is distorting clinical priorities. Does not the Minister share my concern that hospital trust administrators are finding ever more inventive ways of treating targets rather than patients?

No, I do not. The hon. Gentleman knows that the Royal Cornwall hospital, part of his local trust, is taking positive steps towards the A and E target and exceeding it, because of the new medical assessment unit that is in place and because of the £2 million that the trust has put in to establish a new ward. People should not wait longer than four hours in our emergency departments. His trust and trusts around the country are making tremendous progress on the target that we set for the end of 2004.

In an emergency, a four-hour wait for a liver to turn up for a transplant can be too long. Will my hon. Friend ask the Crown Prosecution Service to stop the prosecution against a senior ambulance driver for ferrying a liver, and will he consider the possibility of amending the law to exempt transplant vehicles?

I have sympathy for my hon. Friend's constituent. Clearly, the case is before the court and it would be wrong of me to comment on it at the Dispatch Box. We wait to see what determinations are made.

Is not the Minister embarrassed about the number of trusts that are forced to cheat to meet the target? Is he not concerned that the British Medical Association survey showed that a majority of respondents in A and E felt that the measures taken

"had distorted clinical priorities … and many said that waiting times for patients with the most serious conditions had increased."
It was also reported that there were concerns that
"patients were being rushed through A & E, inappropriately admitted, or transferred to the wrong department."
Does not that make the target a sham, undermine confidence in statistics, undermine the Government's credibility, and involve the distortion of clinical priorities and resource allocation? Should he not stop it now?

The hon. Gentleman knows that the BMA surveyed only 30 per cent. of its members. Only the Liberal Democrats could think that that was a majority. It is not a majority, and indeed the BMA did not survey all trusts. There has been tremendous performance towards the A and E target that we set for the end of next year, because of the hard work, dedication, innovation and commitment of nurses and doctors in our A and E departments across the country. There has been investment and the target has focused and concentrated minds. The hon. Gentleman should make a distinction between the extra resources and capacity that go into trusts to achieve that milestone and those targets, and the fiddling, which is a disgraceful accusation to make of nurses and doctors across the country.

My hon. Friend will be aware that A and E services have been monitored over many years by community health councils, which are due to abolished at the end of August. Could he explain to the House why CHC staff received a letter this weekend indicating that they will not be made redundant within the three-month period as they expected, and what the statement that the Department is to make later this week will tell us about the future of CHCs and their replacement bodies?

My hon. Friend is right that by independent monitoring, CHC staff made a great contribution to our A and E departments through casualty watch. There are on-going discussions with the Association of Community Health Councils for England and Wales and CHC members about that. I shall make a statement in due course about the issues that my hon. Friend raises.

The Minister must accept that the entire monitoring exercise on A and E was a charade. The hospitals knew when they were to be measured, and they knew that they had to meet the Government's targets or they would be punished, because this is the "Targets R Us" Government. More importantly, the majority of doctors—not just those in the BMA—have said that the waiting time for those with more serious conditions went up during the monitoring period, and that operations were not scheduled at all or were cancelled. In effect, patients suffered so that Ministers could take credit. What does that say about the moral foundations of the Government's policy?

The milestone focuses minds. It means that hospitals across the country put in investment, resources and innovation to ensure that people are waiting no longer than four hours in our A and E departments. Does the hon. Gentleman want to return to the situation under the Tories, in which people were waiting six, seven, eight or nine hours in our A and E departments? Does he want to return to trolley waits in our A and E departments lasting 24 or 36 hours? Of course not. When he quotes the BMA, he is being selective. The chairman of the BMA's A and E committee said:

"Many of the doctors surveyed were proud of the level of service they provided in the week of monitoring"
and said that that is clearly dependent on continuing staffing levels. That is because of the investment that the Government are putting in. The hon. Gentleman knows that and he should support our A and E doctors and nurses, not seek to undermine them.

What fantasy is this—the idea that no patients are waiting more than four hours? Simply because the Government fiddle a survey, it does not mean that that is what is happening in the real world. In the real world, extra staff were taken on, staff were asked to work longer shifts and patients were shifted from one part of the system to another. It is not us who are undermining the staff, but the Government, with their constant interference and imposition of targets on them. The targets are now the only thing that matters, irrespective of their effects on doctors, nurses or patients in the system, and no matter what the distortions of clinical priorities. As long as Ministers are kept happy, that is the main thing. We have seen the waiting list figures fiddled and the star ratings distorted, and while the Prime Minister struggles with his 45 minutes to Armageddon and the Chancellor plays fantasy economic growth, the Secretary of State is doctoring the casualty figures. Is it any wonder that in this country it is not only Cabinet Ministers who feel that they are being duped?

It was a milestone set for the end of March. That is very straightforward. The target is for the end of the year, next year. There has been improvement month on month in our A and E departments since September. As to the hon. Gentleman's suggestion that that figure for the end of March was not sustainable, we saw average improvement in April as well.

Will the Minister reflect on the fact that, if we are trying to ensure sensible use of A and E services and maximise throughput, the corollary is that minor injuries units must be effective? Like many hon. Members, I am concerned that minor injuries units that are seen, rightly or wrongly, as a substitute for some withdrawn A and E services, should have the maximum availability in terms of hours. Will he please address that issue and, in particular, consider the Orsett hospital in Thurrock, where the minor injuries unit is not open to a sufficient extent in terms of compensation for my constituents?

I shall undertake to do that. My hon. Friend will know that minor injuries units and walk-in centres make a tremendous contribution to emergency services and should sit alongside mainstream A and E services, medical assessment units, clinical decision units and a lot of other initiatives to ensure a quick throughput in our A and E departments and across the board.

Digital Hearing Aids

2.

If he will make a statement on the provision of digital hearing aids. [116525]

Over the next two years, we are investing £94 million to make the benefits of digital hearing aids fitted as part of a modernised service available more widely on the NHS. All NHS hearing aid centres in England will be providing digital hearing aids by April 2005.

I am glad to hear it, but my constituents are concerned that they have to pay for digital hearing aids, while in wealthier places on the mainland, they are available free on the NHS. Will the Minister explain why she wrote on 27 May:

"If the services commissioned by a PCT…do not meet the needs of a particular patient, then GPs do also have freedom to refer elsewhere using the Out of Area …arrangements",
while my health trust and PCT both confirm that the nearest pilot site is Winchester and that there is no referring outside area?

That is why it is important that everybody, wherever they live, gets access to digital hearing aids on the NHS. St. Mary's hospital in the hon. Gentleman's constituency is keen to take part in the modernising hearing aids scheme, and by April 2005 it will have the opportunity to do so. His constituents, along with those in the whole of England, will, for the first time, be able to get their digital hearing aids not by going private, but through the NHS.

My hon. Friend will be aware that there are some 2 million hearing aid users and perhaps another 2 million who should be using hearing aids. Will she take it from me that to move in three or four years from a position in which no digital hearing aids were available on the NHS to one in which they are 100 per cent. available is a highly commendable achievement? Does she accept that that speed of progress is related to the training and availability of audiologists; and will she assure the House that appropriate training and recruitment of audiologists is taking place to complement the measure?

My hon. Friend, who has some expertise, is absolutely right. It is important that we not only introduce new hearing aids, but support that with a modernised service so that people can have the checkups and preparation that are necessary to make the best use of digital hearing aids. We can do that, first, by helping staff to work in a different way and, secondly, by increasing the number of audiologists. My hon. Friend will be pleased to know that from this September, three additional degree courses for audiologists are starting, with more to follow in coming years. Those courses, which are funded by the Department of Health, will ensure that we have the staff in place to match the extra investment that will make the service available to people using the NHS in England.

Given that the principal logjam is in gaining access to an NHS audiologist, what progress is being made in giving private hearing aid dispensers access to the NHS contract for digital hearing aids?

I am interested not in encouraging people to go out of the NHS privately, but in enabling people within the NHS to get digital hearing aids for free. That is why we have started private sector pilots in Leeds and Shrewsbury that use capacity in the private sector to ensure that more NHS patients get digital hearing aids, and why we are developing a national framework contract to allow us to use capacity in the private sector for NHS patients.

The hon. Gentleman's question highlights the difference between Members on this side of the House and those on the other side. He, like the hon. Member for Woodspring (Dr. Fox), wants to encourage people to pay and get out of the NHS; we want to encourage people to get the service that they deserve in the NHS, and that is what we will do.

Mental Health

3.

If he will exempt from prescription charges people with mental health problems in need of continuing care or treatment. [116526]

Improving services for people with mental health problems is a priority for the Government. We aim to help those who may have difficulty in paying prescription charges, rather than extending the exemption arrangements. By using a prescription prepayment certificate, no one need pay more than £32.90 for four months, or £90.40 for 12 months, for all the NHS medication that they are prescribed.

I thank my hon. Friend for that answer. However, what does she make of the report by Mind and Health Which? on the hidden costs of mental health, which found that 83 per cent. of people with experience of mental distress had not received the care or treatment that they needed and felt that they could not cope with life or recover, and that 59 per cent. of them were unable to afford the treatments and drugs that were on offer? Does not that represent a lack of boldness?

The report is an excellent piece of work that is based on service users' experience. The Minister of State, my hon. Friend the Member for Redditch (Jacqui Smith), will meet representatives from Mind tomorrow to discuss the report's findings. It covers not only medication and prescriptions, but psychological therapies, art therapy and complementary therapy.

On access to prescriptions, if more people got pre-payment certificates they would find that a tremendous help in meeting the costs of medication. It is important to try to expand the non-drug treatments that are available in the range of mental health services. We are doing a great deal of research into therapies involving psychological counselling, and to get more capacity into the system we have 1,000 people training to be able to provide those non-drug therapies within the NHS.

Is the hon. Lady aware of the survey conducted by the Depression Alliance which showed that up to 50 per cent. of those suffering from mental problems are now turning to herbal medicines, and to aromatherapy in particular? Does she not think that it would be helpful if the certificates to which she referred could encompass herbal medicine and aromatherapy, to help those affected? Is she not also absolutely ashamed of the Food Standards Agency report on vitamin supplements, which has caused such confusion? Does she agree that many doctors prescribe and encourage patients to take vitamin supplements, and that the idea that the whole nation is on the same quality of diet is absolutely ridiculous?

The hon. Gentleman is fully aware that primary care trusts can now commission a whole range of therapies, because they have the resources at the front line of the service. He is also aware that there has to be a proper evidence base for those therapies to be provided. Continuing to raise the game of complementary practitioners is an important part of the service and increasing regulation. In the mental health field, a whole range of therapies is beginning to be evaluated, and the involvement of people with mental health problems in arts projects, for example, is proving extremely helpful in alleviating some of their problems and symptoms. So this is not just a matter of traditional complementary therapies; a whole range of alternatives is beginning to be offered under this Government to people with long-term mental health problems.

Will my hon. Friend assure the House that the Government will take note of the Mind report's recommendations and consider implementing them? Where gaps in provision are found—perhaps research needs to be commissioned to identify them—will the Government take steps to ensure that those gaps are filled?

As I have said, the Mind report is an extremely useful piece of information based on service users' experience. I would draw Members' attention to its recommendation on ensuring that, in accordance with the Mind prescribing protocol, people with mental health problems are involved in the clinical decisions about the kind of medication that should be prescribed. Time and again, we have found that when we get expert patients involved, the medical outcomes are much better. The Mind protocol is an excellent piece of work and we shall certainly look at all the report's recommendations to see what we can take up.

Hospital Trust Deficits (Worcestershire)

4.

If he will make a statement on the measures being taken to tackle the deficits of (a) the Worcestershire acute hospitals trust and (b) the South Worcestershire primary care trust. [116527]

The West Midlands South strategic health authority is currently working with both trusts to ensure a return to financial balance at the earliest possible opportunity. This will be helped by an increase of more than 30 per cent. in the resources available to the South Worcestershire primary care trust in the period 2003 to 2006.

I thank the Minister for that answer. Despite the increase in resources of which he speaks, however, the South Worcestershire primary care trust is consulting on a range of painful options involving cuts in the local health service, including downgrading the minor injuries unit at Evesham community hospital, and the Worcestershire Acute Hospitals NHS Trust is suffering in a real struggle to bring its large cumulative deficit back into balance. On three occasions, Ministers have refused to answer my parliamentary questions on when the hospital trust will be obliged to write off its cumulative deficit. It is important for the doctors and nurses at the hospital to know what cuts in their services might be threatened, in order to bring the deficit down. I would ask the Minister—[Interruption.]—I have asked this question three times before; this is the fourth time. When will the hospital trust be obliged to write off its cumulative deficit?

I understand the hon. Gentleman's concerns about the health service in his constituency. He will know that NHS regulations require trusts to restore financial balance within three years of the deficit arising, and that is the time frame within which his local trust must operate. I hope that that answer is helpful to him. As he is not being partisan today, I would like to offer him this comment in an equally non-partisan spirit. I hear his concerns about the resources going into his local NHS—we all do, on this side of the House—but I would simply ask him to reflect on the plausibility of his critique, given that his party voted against the resources going into the national health service at all. I hardly think that he is in a position to bemoan the lack of resources going into the NHS in Worcestershire when he and his hon. Friends voted against the increases.

Will my right hon. Friend conduct an urgent review of the services provided by Worcestershire acute hospitals trust and South Worcestershire primary care trust to see exactly what the impact of a 20 per cent. cut in funding would be on those services?

I am not sure that I need to carry out a thorough review to decide that. Such a cut would be devastating for the NHS in my hon. Friend's constituency, and the one sure way to prevent it from happening is to make sure that that lot never get returned to office.

What response does the Minister plan to make to the highly critical report from the president of the Royal College of Surgeons, which has just been issued, on the situation at the new Worcestershire hospital?

I have not had the chance to read the report, but, like all reports written by the president of the Royal College of Surgeons, I will study it very carefully indeed.

Foundation Hospitals

5.

How candidates for membership of governing boards of foundation hospital trusts will be chosen; and if he will make a statement. [116528]

The Health and Social Care (Community Health and Standards) Bill states that members of each NHS foundation trust board will be chosen by election. Direct elections will help to ensure that NHS hospitals work more closely with the local communities they serve.

I am grateful for that reply. Although I have no objection in principle to my right hon. Friend's plans to devolve power within the NHS, I still struggle to understand his proposals on accountability. How will candidates be selected? Will they nominate themselves or will they be chosen in some other way, as yet undecided? Is there not a danger that, if we are not careful, we shall end up with foundation hospitals that are less rather than more accountable to the public they serve? I know that that is not what he is aiming at.

My hon. Friend is right about that. The principle is that we want to ensure that local staff and local members of the community have a greater say in how local hospitals such as his own, which have applied to become an NHS foundation trust, are run. That must be right. If we are to achieve more responsive local services, with the best will in the world, that cannot be imposed from Whitehall or from the top down. There has to be a much greater local element of accountability than there has been to date.

On the provision for how people will be elected, obviously, the NHS foundation trusts are a membership-based organisation and we want to ensure, as far as we can, that as wide a swathe of the local community as possible become members of NHS foundation trusts. I think that my hon. Friend is aware that the Bill provides for secret postal ballots from among the members who will be involved in direct elections to the hospital governing board. He is also aware that local members of staff will have an opportunity to be represented on the governing body, so, for the first time, local staff and local members of the community will have a direct say in how the hospital is being run.

I welcome the Secretary of State saying that he wants to encourage the widest possible membership of foundation hospitals. In that spirit, will he consider extending membership to all people on the electoral roll in the relevant area? If he does not want to go that far, will he tell the House what active measures he will take to promote wide membership, which many of us would welcome?

The right hon. Gentleman makes a fair point. It is important that the membership of NHS foundation trusts is as large as possible, representing the local community. There are a number of options, and one is to achieve that through advertising in the local media, which would encourage local people to become members. Alternative options include allowing people to register to become a member of an NHS foundation trust when they register, for example, to vote in a local election.

Can my right hon. Friend explain this to me? If a specialist hospital such as Christie in my constituency becomes a foundation hospital, who will be the electorate for membership of it?

As my right hon. Friend and I have discussed previously, the position of specialist hospitals is somewhat at variance with that of most district general hospitals, for example. [Interruption.] Although the hon. Member for Woodspring (Dr. Fox) laughs, he is the first to say that the NHS is not a uniform service. Indeed it is not. Specialist hospitals have a very different make-up and serve a very different catchment population from district general hospitals. That is why it must be right, as the Bill does, to allow some flexibility in the governance structure.

Specialist hospitals, in part, serve the local community, and members of the local community would have the right to become members of the NHS foundation trust. Equally, the vast majority of users of a hospital such as Christie are drawn not from the local community, but from patients and, due to the hospital's excellent services, those patients come from not only the north-west, but across the whole country. That is why the Bill gives flexibility—precisely so that patients and the public can be represented on the governing body of such organisations.

Will the Secretary of State reflect on criticism from the Labour-dominated Select Committee on Health? It said that the plans for the constituencies to elect the governing boards would be determined by unelected NHS organisations. As a result, the Committee said that the board of governors would function simply as focus groups, advisory panels or talking shops. On reflection, does the Secretary of State not think that it would have been better to be more consistent in deciding on the constituency bodies that would elect governing boards, and thus to avoid confusion, anomalies, disappointment and a system that prevents the boards from carrying out their functions effectively?

That sounds suspiciously like a return to precisely the centralised control and Government intervention that the hon. Member for Woodspring warned us against a moment ago. The hon. Member for West Chelmsford (Mr. Burns) is a member of the Select Committee as well as a Conservative Front Bencher—[HON. MEMBERS: "Surely not!] Indeed he is.

That is one way of putting it, although I am not sure it is the most appropriate.

Obviously we will consider the Select Committee's recommendations extremely carefully. Indeed, we are already doing so in Committee. It must be right, however, for local people to have a greater say in the running of their hospitals.

There is a straightforward choice. We can do what we have done for so many years under both Conservative and Labour Administrations, and presume that if we parachute people on to the governing boards of NHS hospitals we will create more locally accountable services; or we can do what we propose to do, and ensure that the democratic principle, which is good enough for social services, also applies to the way in which we run our health services, so that people have an opportunity to decide who is running the local hospital.

Primary Care (Elmet)

6.

What expansion of primary care facilities are (a) under way and (b) planned in the Elmet constituency. [116529]

A significant amount of investment is being undertaken in East Leeds primary care trust—some of it at the Allerton Bywater and Kippax health centres in my hon. Friend's constituency, where new facilities are planned for the coming year. Other PCT investment will improve and expand primary care facilities in the area, and increase the range of services available to local people.

I am glad to learn that, as we speak, work is in progress in my home village of Allerton Bywater. Perhaps my hon. Friend has been furnished with the list including Wetherby and Swillington, whose health centres are also to be improved. Does she agree that, although hospitals may be considered more glamorous, we should never lose sight of the fact that the facilities provided by PCTs, and those who work in them, should be a Government priority when it comes to investment?

My hon. Friend is absolutely right. For most of us, PCTs are the front door to the NHS, and it is from them that we and our families receive most services. It is through them that the NHS has an impact on our lives. That is why the extra £1 billion that the Government are investing in primary care over the next three years is so crucial. It will have an impact on my hon. Friend's constituency and on the constituencies of all Members, regardless of whether they voted for the money in the first place.

Primary Care Trusts

7.

If he will make a statement on NHS primary care trusts' deficits at the end of 2002–03. [116530]

Audited accounts for primary care trusts for the year 2002–03 will not be available until the autumn. Local health services, however, received an average cash increase of just under 10 per cent. for that financial year.

What comfort can the Secretary of State give Stockport PCT, which reports that it is rolling forward a deficit of £2.5 million into the current year and is now committed to a programme of £6 million of financial reductions in that year? My constituents face reductions in access to magnetic resonance scans, ophthalmology services and minor surgery, and my GPs face a £600,000 reduction in their prescribing budget. Will the Secretary of State ensure that Stockport's health service has the resources that it needs to restore those services to my constituents?

My understanding is that at the end of this financial year, Stockport primary care trust will deliver a balanced budget. Secondly, over the next three years it will receive increases of 9.13 per cent., 8.88 per cent. and 8.57 per cent. Those are cash increases for the local PCT—which, of course, is a lot more than the Liberal Democrats ever promised for the health service.

The extra resources given to PCTs are very welcome indeed, and as my right hon. Friend will know, the GP contract is out for voting among GPs. That is an important part of the Government's plan for improving primary care, but I ask him to reassure my GP colleagues that the GP contract really is a step forward in improving recruitment and retention, and to ensure that the extra resources given to PCTs really will find their way through to GP surgeries. The worry remains that some of the money given to PCTs never gets as far as it should, and that GPs and their patients do not get the benefit that they ought to.

My hon. Friend makes an extremely good point, and I know from my discussions with GPs and primary care organisations that this issue is a real cause of concern for them. However, there are guarantees that the money will get through—presuming, of course, that GPs decide to vote yes in a ballot that the British Medical Association will be holding. My hon. Friend will be aware that the new contract negotiated between the NHS Confederation and the BMA represents a real step forward not just for GPs but for NHS patients—not least because it guarantees a 33 per cent. increase in funding for primary care services. Such funding is long overdue and will make a real difference to GP surgeries throughout the country.

The Secretary of State will know that many of these debts and deficits are the result of past mismanagement by a small number of NHS trusts and health authorities. Does he think that the burden of that should be borne by local service users or spread more evenly over the whole of the NHS?

The hon. Gentleman raises an important point. As he is aware, the way out of the financial difficulties that arose in his own area, for example, was for it to borrow NHS resources from other areas that underspent on their budgets in a particular year, so it cannot be right simply to wipe the slate clean, thereby penalising those areas that have managed their budgets properly. We need the right incentives in place to ensure that, in all parts of the country, financial management is always given the priority that it deserves. Equally, as the hon. Gentleman is aware, we are making extra resources available, through the NHS bank, to areas such as Avon, Surrey, Sussex, Bedfordshire and Hertfordshire, in which particular financial difficulties have arisen.

Has the Secretary of State had a chance to read the letter from Dr. Neil Coleman of the Avenue Medical Centre, in Slough, a copy of which I sent to him? Dr. Coleman says that it would be possible to state that if the new contract can work in his practice, with high disease prevalence, it can work in any practice throughout the country. He also volunteers the Avenue as a pilot programme for the new contract. Could the Secretary of State spread this enthusiasm to other areas, in order to develop the contract?

I will do my best. Although there has been controversy about the new contract, when GPs see the detail they will understand how they will benefit. Of course, their surgeries will benefit and there will be additional financial investment, but like most people working in the national health service, family doctors are after an improvement in services to patients. Crucially, that is precisely what this contract offers.

Mri Scans

8.

If he will make a statement on waiting times for MRI scans. [116531]

A patient's clinical condition will determine how long they may have to wait for a scan. Emergency cases need to be seen immediately; other cases will be carried out as quickly as possible, depending on the clinical priority of all patients waiting to be scanned.

In my local district general hospital there are 800 sick people, all of whom have been waiting for more than eight months for a diagnostic scan. How much credibility does the Minister attach to the staff's explanation that although early diagnosis is crucial in avoiding life-threatening diseases, it is given low priority by health service administrators because such diagnosis means more patients, longer waiting lists and missed targets? Will she investigate this potentially serious distortion of clinical priorities?

Early diagnosis and early treatment are top priorities for the Government, because it has been shown that they result in much better health outcomes for patients. That means increasing capacity, and I can tell the hon. Gentleman that the New Opportunities Fund has provided for 57 extra MRI scanners and cancer plan funding for 50 extra MRI scanners and 50 CT scanners—a vast improvement in the amount of modern equipment in our NHS, which will enable many more scans to be carried out. In 2001–02, the last year for which figures are available, an extra 73,000 scans were carried out in this country to secure early diagnosis and much better treatment. Capacity is improving, and the hon. Gentleman's local hospital was provided with a new CT scanner in April this year, which should go some way towards improving the local position.

I thank my hon. Friend for her advice and for outlining an interesting programme to the House. However, I know of patients in my constituency who are diagnosed early, but for whom it takes months rather than weeks to have the MRI scan. Is she satisfied that the equipment is being used to its full advantage, and if not, will she ensure that it is?

My hon. Friend makes an important point. As well as making more equipment available, we also need trained and qualified staff to operate it, and we have increased the number of radiotherapists in training by 55 per cent. We are also working on programmes to enable assistant and advanced practitioners to carry out procedures that were previously carried out only by radiologists. A report published today on pilot programmes carried out across the country shows that radiographers can extend their skills and make a real contribution to shortening waiting times for patients, which is so important.

Ninety-five per cent. of patients attending hospitals for scans require diagnostic imaging services that are delivered by radiographers. However, last year the Audit Commission found that 250,000 patients had to wait up to five months for MRI scans, with an estimated national shortage of 5,000 radiographers. Since then, the Royal College of Radiologists believes that the position has deteriorated. Given that new recruits are simply not entering the profession, that too many radiologists are leaving early and that the Society of Radiographers has just become the first health service union to vote against "Agenda for Change", which would have meant a working year that was three weeks longer without extra pay, how on earth is the Minister going to meet her new recruitment targets by 2004 and bring down waiting times for scans without counting it as yet another top priority?

The hon. Gentleman has a cheek, in view of the cuts in training places—not just for radiographers, but for GPs, doctors, nurses and a whole range of services—that took place under the Conservative Government. We are not only turning around those cuts but securing growth in the service. Radiotherapy training places are now up by 55 per cent. from 1997 levels. Furthermore, radiographers are welcoming the new ways in which they can extend their skills. [Interruption.] If the hon. Gentleman listens to the information that I am providing, he might learn something. I urge him to read, in detail, the report on radiography published today, which shows that projects on skills mix have enabled advanced practitioners to interpret X-rays. They can now put the markers on the X-rays, which identify where breast lumps are, and other practitioners can carry out basic radiotherapy. It is not just about increasing capacity, but reforming and redesigning how the service works, using imagination and creativity, which the hon. Gentleman lacks.

Is not one way of improving services that require expensive machinery such as MRI scanners to extend the hours of operation, assuming that we can secure the staff to carry out those tasks?

As usual, my hon. Friend makes a good, practical, down-to-earth and common-sense suggestion. The Audit Commission found that the majority of machines were being used for more than 10 hours a day, but we can do much more to achieve round-the-clock working. Through "Agenda for Change" and the changes to the pay system for consultants, we need to ensure that we have flexibility in the system so that we can make maximum use of our theatres, diagnostic equipment and the new investment that the Government are putting in to the national health service.

Respite Care

9.

What assessment he has made of the need for greater provision of respite care. [116532]

Carers make an enormous contribution to our country and to those for whom they care. We have supported carers through new legislation and by increasing funding to provide support and services. In particular, the carers grant will more than double to £185 million by 2006. That will provide 130,000 more short breaks for carers.

I thank the Minister for that answer, but does she agree with Mencap that those who care for young people—who may need more attention as they grow older—need more help in the form of respite care? Will she try to assess the unmet need and also talk to ministerial colleagues in Northern Ireland about the situation there?

The hon. Gentleman makes an important point. I am aware of Mencap's work, and it is partly why this year the learning disability task force—on which Mencap works with us, in the person of its chief executive, who plays an important role—has been asked, along with the implementation team that works to develop the points set out in "Valuing People", to concentrate on how we can ensure that the general progress that we are making for carers includes those caring for people with learning disabilities. They, too, need access to the better services and deserve the support that can be provided.

The hospice movement provides terminal and day care, as well as the respite care to which the question refers. Have the Government moved closer to the commitment by successive Governments to match the amount raised by voluntary funding with contributions from the taxpayer? Many adult hospices are struggling. Staunton Harold hospice in north-west Leicestershire closed some months ago, and it was a major provider of respite care for that area and for south Derbyshire.

I strongly agree with my hon. Friend about the important role that hospices play in respite care. That is why we have increased funding for palliative care, through NHS funding, by an unprecedented amount. We have also ensured that when the money goes into the system—the extra £50 million, for example—it gets through to benefit those who provide that important service in hospices and more widely through palliative care.

What is the Minister doing to make carers aware of the provision of respite care, so that they can take advantage of it? What education is she providing about carers assessments, which ensure that their needs are met?

The hon. Gentleman will know that under the Carers and Disabled Children Act 2000 carers can receive an assessment of their needs. He makes an important point about the need to provide better information. We support Carers UK financially, to help it to run its helpline. We also support the learning disability helpline, alongside Mencap, to which about a quarter of the callers are carers. We also support some innovative ways of reaching carers, including the ring-around carers scheme, which uses telephone conferencing to ensure that carers are aware of their new rights to assessments and their ability to access some of the increasing investment that is being made to support them.

Millions of people care for their relatives and friends 24 hours a day, seven days a week and 52 weeks a year. They save the state millions, if not billions, of pounds, and ask for little in return. Does the Minister agree that the least that we can do is to provide respite care for those carers at the time that they deem that they need it?

My hon. Friend makes a very important point. He is right: carers make a massive contribution to this country and to the people whom they serve. In fact, six carers out of 10 have suggested that short breaks are often their most effective support. To enable us to provide such breaks, the Government have doubled the amount of money going through the carers grant. In addition, we must make sure that the provision is more flexible. That is why we issued regulations—I think just last week—to develop the short-break voucher scheme. It is now easier for local authorities to issue carers with vouchers for their breaks, so that carers can take breaks at times, and with providers, that are more flexible and useful for them. However, my hon. Friend is right. The Government will do all that we can to support carers and the vital work that they do in our communities.

Gp Contracts

10.

When he expects the new GP contract to come into force. [116533]

13.

If he will make a statement on the contract for GPs. [116536]

The general practitioners committee of the BMA is currently balloting GPs on the new general medical services contract. Subject to approval and the passage of the necessary legislation, we hope to begin implementation of the new contract next year. The new contract will bring significant benefits to both doctors and NHS patients, by rewarding improvements in care and by widening the available range of primary care-based services. The new contract will also mean that expenditure on primary care will rise from £6.1 billion this year to £8 billion by 2006.

I thank the Minister for that answer, but will he admit to the House that negotiations on the GP contract have been a complete and utter shambles? Last year, 66 per cent. of GPs threatened to resign if a new contract was not negotiated successfully, and the Minister was able to ensure that the BMA would ballot members only by inserting a minimum practice guarantee. How long will that guarantee be in place, and who will decide when it is no longer necessary?

No, the negotiations have not been a shambles. The contract was negotiated by two parties, the BMA and the NHS Confederation. The result has been a good deal for GPs and for NHS patients. I hope that the hon. Lady will join me in urging GPs to endorse the contract, because of the significant benefits that it will bring. We have made it clear that there will be no time limit on the minimum practice guarantee. It is not part of the new arrangements that any practice should lose out financially. Quite the opposite: there are significant financial benefits for GPs, and reciprocal benefits for patients. The hon. Lady should exhibit her usual good grace and welcome what is an important development for primary care, in her constituency and in the NHS as a whole.

The Minister will know that the ballot result is expected on 20 June, and that the Standing Committee considering the Health and Social Care Bill will conclude proceedings on 19 June. If he intends to use the Bill as a vehicle for primary legislation to implement the contract, will he extend the time available in Committee, so that the provisions can be scrutinised by a Committee of this House, rather than only in another place?

I wish that it was in my gift to extend the time available for consideration in Committee, but it is not. The Bill has to be reported by 19 June. With the best will in the world, there are some things that I cannot do, and unfortunately turning back time is one of them. I wish that I could do so. Given that the House has decided that the Bill must come out of Committee on 19 June, and that the ballot result will not be in until 23 June, in fact, our only opportunity to debate the measures and table amendments will come when the Bill returns on Report. That is what we intend to do.

Will my right hon. Friend accept that some GPs in Burnley believe that they need better premises to take full advantage of the new contract and to offer the full range of primary care treatment, as the Government intend? Does he accept that there is a shortage of funds, and that some GPs are being told that they will have to wait five or six years before they can offer that range of treatment? Will he perhaps meet me to discuss the possibility that additional money might be made available to get the contract accepted and to meet the Government's treatment requirements?

I am grateful to my hon. Friend and I will certainly look into the situation in Burnley that he described. However, I echo the point made earlier by my hon. Friend the Minister of State: because of the additional investment that we are making available to the NHS, the primary care estate—the building blocks in primary care—will receive an additional £1 billion of investment over the next few years. That will help to transform many GP surgeries up and down the country. I agree with my hon. Friend—if that is what his GPs are saying—that if we want to provide the best possible quality primary care services, we must provide the best possible primary care buildings, and that is precisely what the Government are doing.

The Minister will be aware that he has already been accused by GPs of meddling in the negotiations over the proposed contracts and that his intervention at the time of the emergency conference in May was reported to have swung a crucial vote against the negotiating teams, so now that the ballot is actually going ahead, will he confirm whether he is planning to intervene again to impose the contract unilaterally if the vote goes against?

The hon. Gentleman has waited 55 minutes to ask what is probably the most puerile question that we have heard from the Opposition Front Bench. I made no such interventions. He should not believe everything that he reads in the press, for heaven's sake.

Hospital Service Providers

11.

What steps he is taking to speed up financial flows in the NHS to hospital service providers. [116534]

As my hon. Friend is aware, local primary care trusts now control 75 per cent. of the total NHS budget. In deciding where to spend that resource, it is important that PCTs do so in partnership with local hospitals and strategic health authorities. To that end, local negotiations over this year's budgets in most parts of the country are now complete.

I am grateful to my right hon. Friend for that answer, but he will of course understand that specialist hospitals, such as those in the north-east in Newcastle and Sunderland and on Teesside, may have dealings with up to 20 primary care organisations, some of which are quite slow in paying, with resulting problems; and that every improvement in those specialist services may have to be signed up to by up to 20 of those primary care organisations, with all sorts of slowing down of innovation and improvement. What can he say to hospitals in that position, which want to move on and to be sure that the money for service improvements is there?

My hon. Friend is well aware, not least from his own close working relationship with the health service in Newcastle, that specialist hospital trusts, such as the Freeman and the Royal Victoria Infirmary in Newcastle, provide a range of services, which are, as he rightly says, not just district general hospital services, but more specialist tertiary services as well. Inevitably, therefore, those hospitals are in negotiation with a number of primary care trusts. In such situations, what normally happens is that one local PCT has the responsibility of becoming the lead commissioner and acts on behalf of a number of local PCTs. If that is not happening in my hon. Friend's area, I shall gladly look into the matter. He might also like to be aware that the NHS bank will shortly be conducting a review of how money flows around the system, precisely to ensure, first, that it gets to the front line, and secondly, that it does so in a timely way that does not jeopardise the provision of front-line patient services.

Does the Secretary of State agree that one of the keys to speeding up financial flows is the balance between management and front-line staff? Can he confirm his Department's figures showing that the number of qualified nurses in the NHS is 266,170? Is it true that, for the first time, that number has been overtaken by the 269,080 managers and support staff'?

I think that the hon. Gentleman is trying to count as managers and bureaucrats people in professions such as painters, decorators, gardeners and cleaners. With the best will in the world, not even he could believe that those people are bureaucrats.

Health Care Assistants

12.

If he will make a statement on the regulation of health care assistants. [116535]

The Government are committed to consult on proposals to regulate support workers, and that consultation will be taking place in the near future. The consultation will identify those categories of staff whose clinical practice needs to be of a high standard in order to ensure patient safety. The proposals cover a range of options, including full statutory regulation of those staff, and the Government will decide on the way forward in the light of responses to the consultation.

I thank the Minister for that answer, but I view the lack of urgency with which the Government are approaching the question as quite disappointing. Does he not accept that the increased use of such assistants without proper regulation exposes patients to risk and assistants to exploitation?

Regulation of health care workers in Scotland is a matter for the devolved Parliament, but generally, we will be making proposals. It is right that we think carefully about them when other issues, such as "Agenda for Change", are continuing in the rest of the United Kingdom.

Waiting Lists

14.

What assessment he has made of the impact of treating patients from Wales on English waiting lists. [116537]

The provision of NHS services to Welsh patients by English NHS trusts is a matter for local NHS commissioners. The maximum waiting time for English patients will be six months for in-patient treatment and three months for an out-patient appointment by 2005. The setting of targets for Welsh patients is, of course, a matter for the National Assembly for Wales.

May I thank my right hon. Friend for that reply? However, I was hoping that he might have been able to tell me whether there was any capacity on the English side of the border for even more Welsh patients to be treated, given that the incidence of illness in Wales is much higher than it is in England.

I agree with my hon. Friend. It is obviously important that the NHS provides an integrated service across the border between Wales and England. If there is spare capacity in NHS hospitals in England, it is right and proper that NHS patients who live in Wales should have access to it when that can be agreed. In fact, that is precisely what is happening. The number of Welsh patients treated in English trusts is increasing substantially and is up from 26,000 in 2000–01 to 37,000 last year.

Points Of Order

3.31 pm

On a point of order, Mr. Speaker. I am sure that you will have noticed in the recess that a number of well publicised and highly damaging allegations have been made relating to weapons of mass destruction and the intelligence information available about them. The serious suggestion is that the House has been deliberately misled. These accusations, which could not be raised in the House until today because of the recess, strike at the heart of the integrity of both the Government and our intelligence services. So damaging are they that presumably the Government would wish to take the earliest opportunity to come to the House to deal with them. I understand that the Prime Minister returned to this country at 11 o'clock this morning. Have you, M r. Speaker, received any request from him to come to the House urgently today, as he should, to clear the air on these matters?

I understand from the Prime Minister that he will make a statement tomorrow in which the right hon. Gentleman can question him on these matters. Prime Minister's Question Time will also take place tomorrow, so the Prime Minister will come to the House tomorrow.

Further to that point of order, Mr. Speaker. Can you confirm, as you have said to the House before, that were the Prime Minister to ask to make a statement at, say, 7 o'clock this evening, you would automatically grant it, following precedent? Certainly the official Opposition would be more than happy to accommodate the Prime Minister were he to make that request. However, you said that he would make a statement tomorrow, so can you clarify whether it will cover the very serious questions raised by my right hon. Friend the Member for Devizes (Mr. Ancram), or would the Prime Minister's statement not more likely be about the G8 summit in which case it is possible that questions about Iraq and related matters might just be out of order?

I think that Opposition Front Bench Members are ingenious enough to be able to ask questions about Iraq, even on a statement about the G8 summit, and not be found out of order by myself.

Order. Let me answer the point raised by the shadow Leader of the House. As the right hon. Gentleman knows, the business on which we are about to embark is protected business, so I would not allow it to be interrupted. Therefore, we are talking about tomorrow.

Further to that point of order, Mr. Speaker. Can you therefore confirm that, in the event of the Prime Minister making a statement tomorrow on the Evian summit, you will allow questions on any aspect of the Iraq conflict to follow, so that there can be full scrutiny of the Prime Minister's position on this matter?

On a point of order, Mr. Speaker. You have often told us that statements should be made first to the House of Commons, not outside the House of the Commons. I do not suppose that you have had time to see that the BBC News website says, "No 10 rejects Iraq weapons inquiry". It continues:

"Downing Street has rejected growing calls for an inquiry into its pre-war claims about Iraq's weapons of mass destruction."

I do not know who this "Downing Street" is, but the person who answers for Downing Street in this House is the Prime Minister. Should we not hear from the Prime Minister rather than from spokesmen for Downing Street—the Alastair Campbells? We should hear from the Prime Minister in the House of Commons first rather than reading about things on web pages.

The hon. Gentleman is correct: there are lots of people in Downing Street, but we are getting the Prime Minister from Downing Street tomorrow.

On a point of order, Mr. Speaker. Tomorrow is a Liberal Democrat Opposition day and although no one would be more delighted than I for them to be put to the end of the agenda, is it not important that Opposition days should be protected and not interrupted or intervened on by Government statements? Surely if Government statements can be made during Government business time, that is when they should be made. Today is a classic example of that.

Further to that point of order, Mr. Speaker. I am grateful to the hon. and learned Member for Harborough (Mr. Garnier) for his anxiety about our interests, but it might serve the advantage of the House for me to say that the Liberal Democrats hope to give the House the opportunity to debate issues relating to Iraq during the Opposition day tomorrow.

On a point of order, Mr. Speaker. On 26 February, at column 272 of Hansard, I specifically asked the Foreign Secretary whether regime change was the objective of the Government's policy, which he denied. Could he perhaps be asked to come instead and answer that charge now, if the Prime Minister is too busy?

On a point of order, Mr. Speaker. During the mini-recess, the Health and Safety Executive produced its important and, indeed, damning report on the Potters Bar train crash. The train was on its way to my constituency and that of my right hon. Friend the Member for South-West Norfolk (Mrs. Shephard). The report needs to be discussed. I shall not be able to raise it during tomorrow's statement on the G8, so why has the Secretary of State for Transport not been asked to make a statement to the House today on that vital report?>

I can understand the hon. Gentleman's anxiety. He is entitled to pursue that matter with the Secretary of State for Transport, and I expect that he will do that.

Fire Services Bill (Programme) (No 2)

3.37 pm

I beg to move,

That the Order of 8th May 2003 (Fire Services Bill (Programme)) shall be varied as follows
Proceedings in Committee, on Consideration and Third Reading
  • 1. Paragraphs 3 and 4 of the Order shall be omitted.
  • 2. Proceedings in Committee and any proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion five and a half hours after the commencement of proceedings on the Motion for this Order.
  • 3. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion six and a half hours after the commencement of proceedings on the Motion for this Order.
  • The measure will amend the order of 8 May so that the House will have ample time to consider the provisions of this short Bill. The previous order did not specify the duration of proceedings in Committee, on consideration—if any—and on Third Reading, except to allow that proceedings in Committee and on consideration would be brought to an end one hour before the moment of interruption.

    The Government are conscious that many hon. Members of all parties have an interest in the Bill. We therefore propose that the order of 8 May be varied so that the House may be guaranteed sufficient time to consider the Bill. The proposed variation therefore provides that proceedings in Committee and any proceedings on consideration be brought to an end five and a half hours after the commencement of proceedings on the motion for this order. At least one hour further will be allowed for proceedings on Third Reading.

    3.38 pm

    I am, frankly, a little mystified. The Minister's statement, when taken at face value, is very interesting but, by my calculations, we have gained precisely an extra nine minutes of debating time out of which we must take the time to debate the motion. As the Minister knows, we are not generally supportive of programme motions—we voted against motion No. 1—and I shall reiterate a couple of points.

    We have said from the outset that we will support emergency legislation if it effectively removes the burden that the fire dispute is placing on our troops, ensures public safety and ensures that our emergency services are ready and able to respond to the increased threat of terrorism.

    We have said that we will support not only a Bill that achieves that, but the unusual parliamentary arrangements for its consideration if the Government accept amendments that allow it to fulfil those purposes. If, however, the Bill is not an effective emergency measure of short duration to deal with the present crisis by the time that it completes its passage through this place, it cannot be justified because it is a draconian measure that gives the Secretary of State powers to impose settlements in a way that would not usually be acceptable. In addition, it goes against the grain of everything that the Government have said about devolving power and decision-making responsibility to local fire authorities in their attempt to reform the fire service. The Bill will recentralise on a massive scale and give the Secretary of State huge power to impose a settlement.

    If the Bill itself is not justified then neither is the special parliamentary passage that is being made available for it. I hope the Minister accepts that there is a problem with taking all the remaining stages of a Bill at one sitting of the House. It is normal practice to consider the details of a Bill that need to be addressed during the Committee stage and for Opposition Members, and I suspect in this case some Labour Members, to consult outside bodies and to review what the Committee decided before it is considered further. That will clearly not be possible today because we will move straight from the Committee stage to Report or Third Reading, which places us in some difficulties.

    In our opinion the special procedures to deal with the Bill are justified only if it is an emergency measure of short duration which addresses the immediate and present problem, but in those circumstances it is surely not justified to curtail the debate further by placing a time limit on it. Surely it is necessary to allow the House as much time as it needs. I will urge my hon. Friends to vote against the programme motion.

    Has my hon. Friend noticed as I have, that no fewer than 14 of the amendments tabled for consideration in Committee have been tabled by Labour Back-Bench Members, notably the hon. Member for Hayes and Harlington (John McDonnell)? Does my hon. Friend agree that in responding to his points, it would be helpful for the Minister to say whether he has had any prior consultation with the hon. Member for Hayes and Harlington?

    I am grateful to my hon. Friend for raising that. It might be very interesting to know whether such prior consultation has taken place. I suspect from the comments that the Minister and the Deputy Prime Minister made on Second Reading and from what I recently read in the press about the relationship between Government Front-Bench spokesmen and the hon. Member for Hayes and Harlington (John McDonnell), that it is unlikely that cosy fireside chats have taken place. No doubt the Minister will alert us if something is going on that we should know about.

    I would be grateful if the Minister were to explain what he meant in his opening remarks. Perhaps I am missing something, but it is not obvious to me that we have gained any significant debating time.

    3.44 pm

    Our problem with the programme motion is that it allows the Government to rush the Bill through at an unnecessarily fast pace. If the Fire Brigades Union conference accepts the settlement in about a week's time, as it may do, the Bill is unnecessary. The timing of that conference means that there is certainly more time to consider the Bill's measures than the six and a half hours allocated for the remaining stages.

    The Government have indicated that if the FBU accepts the settlement on offer, they probably will not pursue the Bill further at that stage. There is therefore time to consider the Bill, since the Government are clearly not trying to get it on to the statute book in time for the conference.

    The Liberal Democrats will join the Conservatives in opposing the programme motion. The Bill is being pushed through at a tremendously fast rate and it is almost certain that there will not be sufficient time to consider all the groups of amendments. There are serious issues to be debated this afternoon—issues that are the subject of considerable disagreement across the House—but I am strongly of the opinion that they will not be reached.

    3.45 pm

    I rise to support my hon. Friend the Member for Runnymede and Weybridge (Mr. Hammond) and the hon. Member for Ludlow (Matthew Green) in their opposition to the programme motion. I have several reasons, which I shall advance briefly.

    First, I am bound to say that I am against programme motions per se. There is very little justification for them, and I do not believe that there is justification in the present case. One of the malign consequences of a programme motion is that it discourages participation by right hon. and hon. Members in discussion of the Bill, because they know that there will be limited time in which to speak. Frequently, they simply do not turn up, far less do they table amendments and new clauses. That is of particular importance when a Bill is taken on the Floor of the House. This is the only occasion on which the Bill will be subject to detailed scrutiny, yet because of the programme motion many right hon. and hon. Members who might otherwise have participated or made proposals for change have been discouraged from doing so.

    My next point follows on from the comments made by my hon. Friend the Member for Runnymede and Weybridge. We have, of course, the theoretical option of having a Report stage. Amendments have been tabled, some of which are Government amendments. We can hope that the non-Government amendments will be carried—that is possible—but we can be sure that the Government amendments will be carried because the Whips are here to ensure that they are. Consequently, the House has the option, in theory, of having a Report stage.

    I agree that some of the Government amendments are pretty trivial. Some of the non-Government amendments—mine, for example—are not, and if they were carried right hon. and hon. Members would want to have proper time to reflect on them and to take representations from outside the House before proceeding to Report. However, we are to proceed forthwith to Report and then Third Reading, concluding at 10 o'clock or thereabouts. That means that the House will not consider in detail any amendments made in Committee, or if it does it will be uninformed consideration because we have not had time to take representations from outside.

    I have a further point. I tabled three new clauses, the object of which was to prevent industrial action by fire brigade members. They were not selected. Now, as you know, Mr. Deputy Speaker, I would not dream of complaining about that—after all, you would be the first to tell me that Mr. Speaker never gives reasons for not selecting amendments and that it would be impertinent of me to raise the point. All of that, I willingly concede. However, some might suppose that the reason my new clauses were not selected is that they lay outside the long title of the Bill—that is possible. On reflection, it might have been possible to construct the new clauses so as to bring them within the long title; they would then have been capable of being tabled on Report. However, because I learned only today, at 1 o'clock or thereabouts, that I had had the misfortune not to have had my new clauses selected, and because we are to proceed forthwith to Report, I am unable, barred, precluded, disqualified from tabling significant amendments for proper discussion by the House.

    It is surely right that Members of Parliament have the opportunity on Report to consider whether or not FBU members should have a right to go on strike. However, the effect of the motion is to prevent me having an opportunity to table new clauses in a proper form. That is a lamentable betrayal of democracy and yet another example of the ill effects of the motion.

    3.50 pm

    A guillotine is, of course, a denial of the rights of Members to represent their constituencies and to express their views. It is an abrogation of freedom of speech. At the heart of all this is a Government intent to exercise total control over the business of the House, as they have been doing since they first came into office. I agree with my hon. Friend the Member for Runnymede and Weybridge (Mr. Hammond), who spoke from the Opposition Front Bench, and with my right hon. and learned Friend the Member for Sleaford and North Hykeham (Mr. Hogg). Their points are true and just.

    I ask the House to reflect on the fact that in this Session 23 Bills have been subject to the guillotine, or, as we call it now, a programming motion or whatever. All but three have been opposed by Opposition Members and by Labour Members on Divisions. In addition to the 23 Bills that were subject to the guillotine, 10 motions, including the one before us, were applied. Twenty-three Bills, in the short time since November, equals half the number of Bills that were guillotined by Baroness Thatcher during her time as Prime Minister.

    Labour Members well know that Baroness Thatcher's guillotining of Bills, of which I was a vigorous opponent, was considered to be a major authoritarian and almost autocratic instrument of her control over the House. Yet, within six months of the start of the Session the Government have already guillotined half the number of Bills that were guillotined during 11 years. It is intolerable. That is the truth of it. One day, Labour Back Benchers will wake up and understand that there is almost no purpose in their being here if they can be denied the right to speak on matters of great importance.

    The fire service is undoubtedly one of those matters. It has given rise to what the Deputy Prime Minister insists is emergency legislation. Those are the pieces of legislation that require caution and proper examination. Yet we have the twenty-third Bill of the Session experiencing its second guillotine motion. I ask the House to consider whether that does us justice in the face of the genuine anxieties and beliefs of our constituents. The motion is intolerable and it should be opposed.

    3.53 pm

    We have heard a huge amount of largely synthetic indignation, which comes all the more curiously when it is realised that we moved the second motion as a precautionary measure, knowing that 3 June was the first day back to the House after the short recess, and that there were the possibilities of private notice questions, statements and other business, including, as we heard, several interventions in the form of points of order, that could well have taken up rather more of the time of the House. As a sensible and entirely reasonable move, which we discussed with other parties through the usual channels, we suggested that there should be arrangements to ensure that the House had a full six and a half hours to discuss six groups of amendments to a two-clause Bill.

    I say to Opposition Members that, put in that context, much of the rhetoric that we have heard appears to be little more than that.

    I will give way in a moment. I know that the hon. Gentleman has strong feelings on these matters. Before he intervenes, I put it to him that there is a world of difference between the application of a guillotine motion to a large and complex Bill, with the result that it will not receive detailed consideration, and a programme motion that is designed to ensure orderly consideration of a very short Bill that can be considered properly and fully within the time available, and that is what we are considering this afternoon.

    It is not good enough to be quite so dismissive by speaking of a two-clause Bill. The Minister will remember that Maastricht was the subject of a two or three-clause Bill, and that that had huge ramifications. The present Bill also has ramifications. As the right hon. Gentleman well knows, it gives the state enormous powers.

    I am only surprised that the hon. Gentleman should want to rake up in his party's psyche the uncomfortable memory of the Maastricht treaty. Many of us feel genuine sympathy for the wider issue of the need for proper time for consideration. Many of us felt unhappy about the old arrangements, under which Bills were considered at enormous length for several weeks, and then inevitably a guillotine had to be applied, or they would not have completed their passage.

    The purpose of timetabling is to ensure that there is a proper, orderly process in which all parts of the Bill can be considered. That is what we are doing. This is a two-clause Bill. There are six groups of amendments. There is more than adequate time to consider them, and if we were not spending so much time on the programme motion, we would be able to give more time to the details of the Bill.

    I offer my sympathy to the right hon. and learned Member for Sleaford and North Hykeham (Mr. Hogg) on his failure to prepare his three new clauses in a form that allowed them to be considered. I am sorry that he feels that he has been precluded, debarred and prevented from tabling new clauses. I think it is simply the way in which he drafted the new clauses that is to blame.

    The hon. Member for Runnymede and Weybridge (Mr. Hammond) knows only too well that the Bill is a short-term measure. It is not designed to be in place for long-term strategic purposes. It is necessary because of the circumstances relating to the fire dispute, which have been discussed at considerable length in previous debates in the House, many on statements from my right hon. Friend the Deputy Prime Minister. We have always made it clear that we would introduce the measure if necessary, to ensure that a line can be drawn under the dispute. That is why the Bill has been prepared. There has been close consultation with Opposition parties all the way through the process. The purpose of taking the Bill through in one sitting today has been discussed fully and does not justify the criticism levelled by the hon. Gentleman.

    I am interested to hear the Minister's assertion that the Bill is to be a short-term measure. He knows that the first group of amendments is led by an amendment tabled by me and my right hon. and hon. Friends to ensure that that is the case, but I am afraid I have missed the Government amendment delivering a similar outcome, if that is the Minister's intention.

    I am sorry that the hon. Gentleman was not paying attention in the Second Reading debate when I made it clear in my winding-up speech that we would consider carefully the option for making this a time-limited Bill. We always made it clear that our intention was to introduce the measure to deal with the unhappy short-term situation existing in relation to the fire dispute. That was the reason for introducing the measure and the reason for timetabling it. I hope that hon. Members will accept that there is good reason.

    I am afraid that that sort of rhetorical blather does not meet the needs of the case. If it is the right hon. Gentleman's intention to table the measure only for use in the short term, and in light of the existence of the precedent of the Electronic Communications Act 2000 introduced by his Government, can he explain the absence from the Bill of a sunset clause?

    I am sorry that the hon. Gentleman, who knows a great deal about rhetorical blather, has not had sufficient time to read the Order Paper and to realise that in the next group of amendments we will consider that very issue. I suggest that we would do the House a service if we now brought an end to proceedings on the programme motion and proceeded to the substantive matters. I urge the House to support the motion.

    Question put:

    The House divided: Ayes 284, Noes 184.

    Division No. 213]

    [3:59 pm

    AYES

    Ainger, NickDavey, Valerie (Bristol W)
    Alexander, DouglasDavidson, Ian
    Allen, GrahamDavies, rh Denzil (Llanelli)
    Anderson, rh Donald (Swansea E)Davies, Geraint (Croydon C)
    Anderson, Janet (Rossendale &
    Darwen)
    Dean, Mrs Janet
    Denham, rh John
    Atherton, Ms CandyDhanda, Parmjit
    Atkins, CharlotteDismore, Andrew
    Bailey, AdrianDobbin, Jim (Heywood)
    Baird, VeraDobson, rh Frank
    Battle, JohnDonohoe, Brian H.
    Bayley, HughDowd, Jim (Lewisham W)
    Beard, NigelEagle, Angela (Wallasey)
    Begg, Miss AnneEdwards, Huw
    Bell, StuartEllman, Mrs Louise
    Benn, HilaryEnnis, Jeff (Barnsley E)
    Bennett, AndrewFarrelly, Paul
    Benton, Joe (Bootle)Field, rh Frank (Birkenhead)
    Berry, RogerFisher, Mark
    Best, HaroldFitzpatrick, Jim
    Belts, CliveFitzsimons, Mrs Lorna
    Blackman, LizFlint, Caroline
    Boateng, rh PaulFollett, Barbara
    Borrow, DavidFoster, Michael (Worcester)
    Bradley, rh Keith (Withington)Foster, Michael Jabez (Hastings
    & Rye
    Bradley, Peter (The Wrekin)
    Bradshaw, BenFoulkes, rh George
    Brennan, KevinFrancis, Dr. Hywel
    Brown, Russell (Dumfries)Gardiner, Barry
    Browne, DesmondGerrard, Neil
    Bryant, ChrisGibson, Dr. Ian
    Buck, Ms KarenGilroy, Linda
    Burden, RichardGoggins, Paul
    Burgon, ColinGriffiths, Win (Bridgend)
    Burnham, AndyGrogan, John
    Cairns, DavidHain, rh Peter
    Campbell, Alan (Tynemouth)Hall, Mike (Weaver Vale)
    Campbell, Mrs Anne (C'bridge)Hall, Patrick (Bedford)
    Caplin, IvorHamilton, Fabian (Leeds NE)
    Casale, RogerHanson, David
    Caton, MartinHarman, rh Ms Harriet
    Challen, ColinHarris, Tom (Glasgow Cathcart)
    Chapman, Ben (Wirral S)Havard, Dai (Merthyr Tydfil &
    Rhymney)
    Clark, Mrs Helen (Peterborough)
    Clark, Dr. Lynda (Edinburgh
    Pentlands)
    Healey, John
    Henderson, Doug (Newcastle N)
    Clark, Paul (Gillingham)Henderson, Ivan (Harwich)
    Clarke, rh Tom (Coatbridge &
    Chryston)
    Hendrick, Mark
    Hepburn, Stephen
    Clarke, Tony (Northampton S)Hesford, Stephen
    Coaker, VernonHewitt, rh Ms Patricia
    Coffey, Ms AnnHill, Keith (Streatham)
    Coleman, IainHinchliffe, David
    Colman, TonyHope, Phil (Corby)
    Connarty, MichaelHopkins, Kelvin
    Cooper, YvetteHowarth, rh Alan (Newport E)
    Corston, JeanHughes, Beverley (Stretford &
    Urmston)
    Cousins, Jim
    Cranston, RossHughes, Kevin (Doncaster N)
    Crausby, DavidHumble, Mrs Joan
    Cruddas, JonHurst, Alan (Braintree)
    Cummings, JohnHutton, rh John
    Cunningham, Jim (Coventry S)Iddon, Dr. Brian
    Cunningham, Tony (Workington)Ingram, rh Adam
    Dalyell, TamIrranca-Davies, Huw

    Jackson, Glenda (Hampstead &
    Highgate
    Olner, Bill
    O'Neill, Martin
    Jackson, Helen (Hillsborough)Organ, Diana
    Jamieson, DavidOsborne, Sandra (Ayr)
    Jenkins, BrianOwen, Albert
    Johnson, Miss Melanie (Welwyn
    Hatfield)
    Palmer, Dr. Nick
    Picking, Anne
    Jones, Helen (Warrington N)Pickthall, Colin
    Jones, Lynne (Selly Oak)Pike, Peter (Burnley)
    Jones, Martyn (Clwyd S)Plaskitt, James
    Jowell, rh TessaPollard, Kerry
    Joyce, Eric (Falkirk W)Pond, Chris (Gravesham)
    Keen, Ann (Brentford)Pope, Greg (Hyndburn)
    Kemp, FraserPound, Stephen
    Khabra, Piara S.Prentice, Ms Bridget (Lewisham
    E
    Kilfoyle, Peter
    King, Andy (Rugby)Primarolo, rh Dawn
    King, Ms Oona (Bethnal Green &
    Bow
    Prosser, Gwyn
    Purchase, Ken
    Knight, Jim (S Dorset)Purnell, James
    Kumar, Dr. AshokQuin, rh Joyce
    Lammy, DavidQuinn, Lawrie
    Lawrence, Mrs JackieRammell, Bill
    Lazarowicz, MarkRapson, Syd (Portsmouth N)
    Lepper, DavidRaynsford, rh Nick
    Leslie, ChristopherReid, rh Dr. John (Hamilton N &
    Bellshill
    Levitt, Tom (High Peak)
    Lewis, Ivan (Bury S)Robertson, John (Glasgow
    Anniesland
    Linton, Martin
    Lloyd, Tony (Manchester C)Roche, Mrs Barbara
    Love, AndrewRooney, Terry
    Lucas, Ian (Wrexham)Ross, Ernie (Dundee W)
    Luke, Iain (Dundee E)Ruane, Chris
    Lyons, John (Strathkelvin)Ruddock, Joan
    McAvoy, ThomasRussell, Ms Christine (City of
    Chester
    McCabe, Stephen
    McCartney, rh IanSavidge, Malcolm
    McDonagh, SiobhainSawford, Phil
    MacDonald, CalumSedgemore, Brian
    MacDougall, JohnShaw, Jonathan
    McFall, JohnSheerman, Barry
    McGuire, Mrs AnneSheridan, Jim
    McIsaac, ShonaShipley, Ms Debra
    McKechin, AnnSimpson, Alan (Nottingham S)
    Mackinlay, AndrewSmith, Angela (Basildon)
    McNulty, TonySmith, rh Chris (Islington S &
    Finsbury)
    Mactaggart, Fiona
    McWalter, TonySmith, Jacqui (Redditch)
    McWilliam, JohnSmith, John (Glamorgan)
    Mallaber, JudySmith, Llew (Blaenau Gwent)
    Mann, John (Bassetlaw)Soley, Clive
    Marris, Rob (Wolverh'ton SW)Southworth, Helen
    Marsden, Gordon (Blackpool S)Spellar, rh John
    Marshall, David (Glasgow
    Shettleston
    Squire, Rachel
    Starkey, Dr. Phyllis
    Martlew, EricSteinberg, Gerry
    Meacher, rh MichaelStewart, Ian (Eccles)
    Merron, GillianStinchcombe, Paul
    Michael, rh AlunStoate, Dr. Howard
    Milburn, rh AlanStrang, rh Dr. Gavin
    Miliband, DavidStringer, Graham
    Miller, AndrewSutcliffe, Gerry
    Mitchell, Austin (Gt Grimsby)Taylor, rh Ann (Dewsbury)
    Mole, ChrisTaylor, Dari (Stockton S)
    Moonie, Dr. LewisTaylor, David (NW Leics)
    Moran, MargaretThomas, Gareth (Clwyd W)
    Morgan, JulieTimms, Stephen
    Morley, ElliotTipping, Paddy
    Morris, rh EstelleTodd, Mark (S Derbyshire)
    Mountford, KaliTrickett, Jon
    Mudie, GeorgeTruswell, Paul
    Mullin, ChrisTurner, Dennis (Wolverh'ton SE)
    Munn, Ms MegTurner, Dr. Desmond (Brighton
    Kemptown)
    Naysmith, Dr. Doug
    Norris, Dan (Wansdyke)Twigg, Derek (Halton)
    O'Brien, Bill (Normanton)Twigg, Stephen (Enfield)

    Tynan, Bill (Hamilton S)Winterton, Ms Rosie (Doncaster
    C
    Walley, Ms Joan
    Ward, Claire Woodward, Shaun
    Watts, David Woolas, Phil
    White, BrianWorthington, Tony
    Whitehead, Dr. AlanWright, Anthony D. (Gt
    Yarmouth)
    Wicks, MalcolmWright, David (Telford)
    Wright, Tony (Cannock)
    Williams, rh Alan (Swansea W
    Williams, Betty (Conwy)

    Tellers for the Ayes:

    Wills, Michael

    Joan Ryan and

    Winnick, David

    Mr. Jim Murphy

    NOES

    Ainsworth, Peter (E Surrey)Cotter, Brian
    Allan, RichardCurry, rh David
    Amess, DavidDavies, Quentin (Grantham &
    Stamford)
    Ancram, rh Michael
    Arbuthnot, rh JamesDavis, rh David (Haltemprice &
    Howden)
    Atkinson, Peter (Hexham)
    Bacon, RichardDjanogly, Jonathan
    Baker, NormanDonaldson, Jeffrey M.
    Baldry, TonyDoughty, Sue
    Barker, GregoryDuncan, Alan (Rutland)
    Baron, John (Billericay)Evans, Nigel
    Barrett, JohnEwing, Annabelle
    Beggs, Roy (E Antrim)Fallen, Michael
    Beith, rh A. J.Field, Mark (Cities of London &
    Westminster)
    Bellingham, Henry
    Bercow, JohnFlight, Howard
    Beresford, Sir PaulForth, rh Eric
    Blunt, CrispinFoster, Don (Bath)
    Boswell, TimFox, Dr. Liam
    Brady, GrahamFrancois, Mark
    Brake, Tom (Carshalton)Gale, Roger (N Thanet)
    Brazier, JulianGarnier, Edward
    Breed, ColinGeorge, Andrew (St. Ives)
    Brooke, Mrs Annette LGibb, Nick (Bognor Regis)
    Browning, Mrs AngelaGidley, Sandra
    Burnett, JohnGoodman. Paul
    Burns, SimonGray, James (N Wilts)
    Burnside, DavidGrayling, Chris
    Burt, AlistairGreen, Damian (Ashford)
    Butterfill, JohnGreen, Matthew (Ludlow)
    Cable, Dr. VincentGrieve, Dominic
    Calton, Mrs PatsyGummer, rh John
    Cameron, DavidHague, rh William
    Campbell, rh Menzies (NE Fife)Hammond, Philip
    Carmichael, AlistairHarris, Dr. Evan (Oxford W &
    Abingdon)
    Cash, William
    Chidgey, DavidHawkins, Nick
    Chope, ChristopherHeath, David
    Clappison, JamesHeathcoat-Amory, rh David
    Clarke, rh Kenneth (Rushcliffe)Hendry, Charles
    Clifton-Brown, GeoffreyHermon, Lady
    Collins, TimHogg, rh Douglas
    Conway, DerekHolmes, Paul
    Cormack, Sir PatrickHoram, John (Orpington)

    Howard, rh MichaelRobinson, Peter (Belfast E)
    Howarth, Gerald (Aldershot)Roe, Mrs Marion
    Hughes, Simon (Southwark N)Ruffley, David
    Jack, rh MichaelRussell, Bob (Colchester)
    Jenkin, BernardSalmond, Alex
    Johnson, Boris (Henley)Sanders, Adrian
    Keetch, PaulSayeed, Jonathan
    Kennedy, rh Charles (Ross Skye &
    Inverness)
    Selous, Andrew
    Shephard, rh Mrs Gillian
    Key, Robert (Salisbury)Shepherd, Richard
    Laing, Mrs EleanorSimmonds, Mark
    Lait, Mrs JacquiSimpson, Keith (M-Norfolk)
    Lamb, NormanSmith, Sir Robert (W Ab'd'ns &
    Kincardine)
    Lansley, Andrew
    Laws, David (Yeovil)Smyth, Rev. Martin (Belfast S)
    Letwin, rh OliverSoames, Nicholas
    Lewis, Dr. Julian (New Forest E)Spelman, Mrs Caroline
    Liddell-Grainger, Ianspicer, sir Michael
    Lidington, DavidSpink, Bob (Castle Point)
    Llwyd, ElfynSpring, Richard
    Loughton, TimStanley, rh Sir John
    Luff, Peter (M-Worcs)Steen, Anthony
    McIntosh, Miss AnneStreeter, Gary
    Maclean, rh DavidStunell, Andrew
    McLoughlin, PatrickSwayne, Desmond
    Maples, JohnSyms, Robert
    Marsden, Paul (Shrewsbury &
    Atcham)
    Tapsell, Sir Peter
    Taylor, Ian (Esher)
    Mawhinney, rh Sir BrianTaylor, John (Solihull)
    Mercer PatrickTaylor, Dr Richard (Wyre F)
    Mitchell, Andrew (Sutton
    Coldfield)
    Tredinnick, David
    Trimble rh David
    Moore, MichaelTurner, Andrew (Isle of Wight)
    Moss, MalcolmTyler, paul (N Cornwall)
    Murrison, Dr. AndrewTyrie, Andrew
    Oaten, Mark (Winchester)viggers, Peter
    O'Brien, Stephen (Eddisbury)Waterson, Nigel
    Osborne, George (Tatton)Watkinson, Angela
    Page, RichardWebb Steve (Northavon)
    Paice, JamesWhittingdale, John
    Pickles, EricWiddecombe, rh Miss Ann
    Portillo, rh MichaelWiggin, Bill
    Price, Adam (E Carmarthen &
    Dinefwr
    Williams, Hywel (Caernarfon)
    Williams, Roger (Brecon)
    Prisk, Mark (Hertford)Wilshire, David
    Pugh, Dr. JohnWinterton, Ann (Congleton)
    Randall, JohnWinterton, Sir Nicholas
    (Macclesfield)
    Redwood, rh John
    Rendel, DavidYeo, Tim (S Suffolk)
    Robathan, AndrewYoung, rh Sir George
    Robertson, Angus (Moray)Younger-Ross, Richard
    Robertson, Hugh (Faversham &
    M-Kent)

    Tellers for the Noes:

    Robertson, Laurence (Tewk'b'ry)

    Mrs. Cheryl Gillan and

    Robinson, Mrs Iris (Strangford)

    Mr. Mark Hoban

    Question accordingly agreed to.

    Orders Of The Day

    Fire Services Bill

    Considered in Committee.

    [SIR MICHAEL LORD in the Chair]

    Clause 1

    Powers Of The Secretary Of State

    4.15 pm

    I beg to move amendment No. 35, in page 1, line 2, after 'instrument', insert

    'within eighteen months of the commencement of this Act'.

    With this it will be convenient to discuss the following amendments:

    No. 31, in page 1, line 2, leave out from 'instrument' to 'fix' in line 4.
    No. 34, in page 1, line 6, at end insert—
    '(1B) The Secretary of State may by order made by statutory instrument give specific or general directions to fire authorities about the use or disposal of property or facilities.'.
    No. 17, in page 2, line 18, at end insert—
    '() No order shall be made under this section more than two years after the commencement of this Act, except for the purpose of revoking provision contained in a previous order.'.
    No. 22, in clause 1, page 2, line 20, leave out from `(1)(a)' to end of line 21 and insert
    'may only be made if a draft of the statutory instrument has been laid before and approved by a resolution of each House of Parliament but such a draft shall not be laid for approval unless not less than 14 days previously each House of Parliament shall have debated a draft of the statutory instrument.'.
    No. 23, in page 2, line 20, leave out from `(1)(a)' to end of line 21 and insert
    'may only be made if a draft of the statutory instrument has been laid before and approved by a resolution of each House of Parliament'.
    No. 28, in clause 2, page 2, line 25, at end insert—
    '(1A) This Act can only come into force on a date when the following conditions have been met:
  • (i) The Secretary of State has published a report to the House of Commons, stating his view that the Fire Services Act 2003 is compatible with Article 6 of the European Social Charter.
  • (ii) The Secretary of State has published a report to the House of Commons, stating his view that an order under the Fire Services Act 2003 would not violate Article 8 of the International Labour Organisation Convention Number 151.'.
  • No. 29, in page 2, line 25, at end insert—
    (1 B) This Act shall cease to have effect fifteen months after the date on which it comes into effect.'.
    No. 2, in page 3, line 9, at end insert—
    '(4A) The powers conferred by this Act shall cease to have effect eighteen months after the date on which it comes into effect.'.
    No. 16, in clause 2, page 3, line 9, at end insert—
    '(4A) This Act shall come into force on such a day as the Secretary of State shall by order appoint.
    (4B) An order under subsection (4A) above shall be subject to affirmative Resolution by the House of Commons.'.

    This broad group of amendments deals, first, with the duration of the powers to be granted to the Secretary of State, and the Committee is spoilt for choice. Amendment No. 29, which was tabled by the Liberal Democrats, proposes that the powers should last for 15 months, whereas amendment No. 17, which was tabled by the hon. Member for Manchester, Central (Mr. Lloyd) and is, I understand, supported by the Government, proposes two years. We find ourselves, perhaps untypically, between those two extremes, as we suggest 18 months in amendments Nos. 35 and 2.

    There is broad agreement that the Bill must be seen as a short-term, defined-life measure to deal with a particular situation in which the country finds itself at this moment. We made it clear on Second Reading that we view the short term and the long term quite differently. We can accept measures to deal with the immediate short-term problems that have arisen in the circumstances in which we find ourselves, but certain matters will have to be dealt with differently over the longer term.

    Let us consider the immediate situation that the country faces. The fire service dispute has dragged on for a year; lives are being put at risk and a burden is being placed on the military when our forces are already substantially overstretched, with other potential tasks hurtling at them seemingly from every corner and continent of the world at every moment. So, there are two issues there, but it is also clear that the fire dispute is having a negative impact on the Government's plans to prepare the country properly to defend itself against possible terrorist attacks at home. Nobody in the House can tolerate that.

    In relation to anti-terrorist preparations, the Deputy Prime Minister said on Second Reading:

    "If the FBU will not co-operate, the Government will take action to provide that protection against terrorist attack by whatever means necessary."—[Official Report, 8 May 2003; Vol. 404, c. 858.]

    That implies that if the Fire Brigade Union did not begin to co-operate in the deployment of decontamination units, the Government would take other steps. Will the Minister let the Committee know whether any progress has been made on the important issue of the training and deployment of those decontamination units?

    We see the Bill, If it has a role, as a time-limited, effective measure—it will be effective, however, only if other amendments, which we and others have tabled, are accepted—to end the dispute, lift the threat of strikes and create a breathing space in which to consider in a less pressurised atmosphere the future organisation of our fire services.

    The Bill is not about fairness or any other abstract concept; it is about public safety, which should be the No. 1 consideration of any Government.

    Indeed, the imposition of a settlement by the Secretary of State, unilaterally, is a draconian measure that can be justified only in extreme circumstances. We are prepared to acknowledge that the present circumstances are extreme and could justify extreme measures, but if that is the case the measures must be presented effectively, and deliver the objectives that have been set out.

    On Second Reading, the Deputy Prime Minister referred repeatedly to an arbitrated settlement. This is, of course, no such thing. The Bill proposes giving the Secretary of State power to impose a settlement that he has devised; he is in no sense an independent or impartial arbitrator. The Bill represents a huge step back from the decentralisation of the fire service that is embraced by the Government's modernisation agenda.

    We are in a strange position. A few weeks ago we were asked to vote on the repeal of section 19 of the Fire Services Act 1947, as a result of which the Secretary of State would no longer be involved in, for example, sanctioning the closure of individual fire stations. Now, we are effectively asked to reinstate a power under the 1947 Act that was abolished in 1959—to return the Secretary of State's right to impose a settlement relating to pay and to terms and conditions of employment.

    These measures can, however, be justified because of the public safety issues that have arisen—because of the terrorist threat in the short term, and because of the impact on the military, which, given its current overstretch, cannot provide adequate cover during an ongoing dispute in the fire service. The Deputy Prime Minister himself told us that in the event of a future dispute military cover would be reduced from the 19,000 troops that were available during the strikes before Christmas to only 9,000, with 250 fire appliances—or "goddesses", as the Deputy Prime Minister likes to call them—and some 300 further specialist vehicles. Just 250 pumps would be available to cover the entire United Kingdom.

    On Second Reading, the Deputy Prime Minister said that the powers that he seeks will enable him to secure a pay and modernisation deal. I reaffirm the Conservatives' strong support for the Bain agenda, linking higher pay to improved productivity; but that agenda will be delivered effectively only if the Bill is amended. It is clear that whether it succeeds or fails, it seeks to settle the current dispute by means that would normally be judged unacceptable because there is no element of independent arbitration. For that reason if for no other, this must be seen as an emergency measure—and an essential feature of an emergency measure is its limited duration. It must, in fact, be limited to the duration of the emergency.

    One of the challenges that face us is the task of estimating the likely duration of the present emergency. That task has a number of facets, perhaps the most prominent being the need to deploy large numbers of British troops for peacekeeping duties in Iraq. There is also the possibility that as the war on terrorism unfolds, British troops will be called on for missions elsewhere in the world.

    The duration of the Bill should be limited so that more complex—and perhaps, in the longer term, more acceptable—solutions can be adopted, with the benefit of mature consideration: far more consideration than we are able to devote to all the Bill's remaining stages in a single afternoon. We believe that 18 months is probably an adequate initial period for the existence of the proposed powers, although the Government could of course seek to extend it at some future time.

    Perhaps the Government intend to support amendment No. 17 because it specifies a different period—two years—or because they find the face of its mover slightly more amenable. If they can make a case for a two-year period, we would certainly accept it and withdraw amendment No. 35. Desperate efforts have been made behind the scenes, involving a roll of sticking plaster and a pair of scissors, and I am sure that it is purely coincidence that it is the chairman of the Labour party trade union liaison committee who happens to have tabled amendment No. 17.

    We want the White Paper that the Government have promised to map out a long-term solution to these problems. I doubt whether anybody in this place regards the measures and powers in the Bill as a satisfactory long-term solution to the big issues facing the fire service. We expect the White Paper to map out options in terms of mechanisms for a fair pay determination system in the fire service, and to address the question of the use of strikes as a bargaining tool in an emergency service that is of such vital importance to the safety and security of our communities.

    The latest version of the draft agreement—the employer's offer—has become a bit more than an offer; it has been discussed at such length by the two sides that it is in fact the draft of an agreement. The previous draft contained a reference to the White Paper, but it has been expunged from the current draft, which appears to internalise the whole process of developing a mechanism for pay determination and dispute resolution within national joint council procedures. Perhaps the Minister can explain to the Committee the significance of that. We are all waiting with bated breath for the White Paper, but it seems that its significance is being eroded by the minute. I would be greatly reassured if the Minister could confirm that it will address the issues of pay determination, dispute resolution and the possibility of a no-strike environment.

    Perhaps the Minister could also tell us when we are likely to see the White Paper. On Second Reading—on 8 May—the Deputy Prime Minister said that we would see it shortly, but the Minister said a few hours later, at the end of the debate, that it would be published in the very near future. I rather felt on that day that we were edging towards it by the hour, but here we are, on 3 June, and still no sight of it. I should be interested to know whether the Minister expects that we will see it before or after 12 June. That might be a fact of some significance, given that the FBU recall conference is meeting on that day.

    It is on the basis that a White Paper and a subsequent new fire service Act are coming that we are willing to support this Bill—provided that it is amended to ensure that it is workable and effective. On that basis, consensus has emerged—on both sides of the House, I am delighted to say—in favour of a sunset clause. It would be good if the Minister could confirm that, notwithstanding the changes to the draft agreement, the Government are still going down the route whereby the White Paper will set out the long-term mechanisms for resolution of these issues. The reintroduction of a draconian power, relinquished in 1959, cannot be allowed to be anything other than a temporary measure. This Bill has to be a step on a clear route map to a longterm solution that is both fair to firefighters and secures the safety of the public at all times.

    Amendments Nos. 31 and 34—our amendments, Mr. Lord—are essentially drafting changes to accommodate the imposition of a time limit through the mechanism in amendment No. 35, and need not detain the Committee.

    Amendments Nos. 22 and 23, tabled by my right hon. and learned Friend the Member for Sleaford and North Hykeham (Mr. Hogg), propose that orders under subsection (1)(a) shall be made by affirmative resolution of both Houses following a debate. Amendment No. 16, tabled by the hon. Member for Hayes and Harlington (John McDonnell), in, perhaps, a curious alignment with my right hon. and learned Friend, is designed to achieve a similar objective. In view of the draconian nature of the power being exercised and the undoubted level of interest of the Committee in the detail of the order that the Deputy Prime Minister will lay, the requirement for an affirmative rather than a negative procedure—and, indeed, for a debate on the Floor of the House—is not unreasonable. I look forward to hearing my right hon. and learned Friend's speech putting the case for that proposition and also to the Minister's response.

    4.30 pm

    Amendment No. 28 looks like another example of Liberal Democrat enthusiasm for curbing the sovereignty of this Parliament at every opportunity and making it subject to external constraints. The Liberal Democrats are apparently concerned that the Bill's powers may not be compatible with the European social charter or the International Labour Organisation convention. I am not clear about whether that is so, but I point out to the hon. Member for Ludlow (Matthew Green) and his colleagues that this is, by consensus, a short-term emergency measure—

    My right hon. Friend asks "What colleagues?" with some reason. I am sorry to see the hon. Member for Ludlow in such splendid isolation, but I am sure that, when the time comes, he will deliver mightily on behalf of his party.

    I know not whether these powers contravene the European social charter or the International Labour Organisation convention; quite honestly, when the issue is one of public safety, I care not either. I take the view that the public safety of this country's citizens is the main issue of concern in Committee today and I suspect that the hon. Member for Ludlow may learn to his cost that that, rather than compliance with some obscure treaty, will be the issue of principal concern to the good people of Ludlow.

    We want to ensure that we move as soon as possible from an emergency powers regime to a longer-term, more equitable and more sustainable arrangement that delivers the same objectives. I am usually all in favour of constraining the Secretary of State's powers, but I recognise that the Bill does not provide for normal circumstances and that substantial powers are being bestowed on the Secretary of State for a specific reason, so the constraints advocated by the Liberal Democrats are not helpful and will hinder the delivery of the objectives that the Bill is designed to achieve.

    I hope that in replying to the hon. Member for Ludlow on amendment No. 28, the Minister for Local Government and the Regions will do better than he did in response to the hon. Member for Kingston and Surbiton (Mr. Davey), who raised a similar point on Second Reading. On that occasion, the Minister said:

    "On the European social charter, the Bill does not affect the right to strike, nor does it seek to prevent collective bargaining. On the International Labour Organisation convention, article 8 says that a settlement shall be reached through negotiations between the parties. That is our objective—to achieve precisely that negotiation."—[Official Report, 8 May 2003; Vol. 404, c. 921.]

    That may be his objective, but it is not the Bill's purpose, which is to impose a settlement. I do not support the attempt of the hon. Member for Ludlow to impose further constraints, but the Minister will have to do better than he did on Second Reading in addressing the substantive issue.

    If I understand my hon. Friend correctly, he is saying that it would have been more candid of the Government to admit that they might be in breach of article 8, but to say, in the light of the pre-eminent consideration of public safety, "What of it?"

    That would certainly be my inclination, but no doubt the Minister will try to have his cake and eat it by saying that the Government are not in breach, but that if they were he would put public safety first. I have spent enough time opposing the Minister on various occasions to be able to predict, to some extent, what he is about to say.

    I owe you an apology, Sir Michael, for addressing you by your former title earlier. I have had to make a similar apology to my hon. Friend the Member for Macclesfield (Sir Nicholas Winterton) on several occasions.

    I am glad that consensus has emerged on the need for a sunset provision for the powers bestowed by the Bill. I shall listen to the Minister's remarks, but I am optimistic that the first of the three conditions for our support for the Bill, which were set out by my right hon. Friend the Member for Haltemprice and Howden (David Davis) on Second Reading, will be fulfilled this afternoon. The Government have accepted the need for a sunset clause, in one form or another, and we will be magnanimous about whether it comes into force in 18 months or two years. The important fact is that the Bill is seen as a temporary, short-term response to an immediate problem.

    I was intrigued by the debate on the programme motion, when my right hon. Friend the Minister was challenged on the concept of a sunset clause. I was about to stand up and tell him, "Minister, I am your sunset", but being the sunset for the Labour Government is a task rather bigger than I wish to take on, no matter how much the Opposition might like to see that.

    I normally listen with enormous respect to the hon. Member for Runnymede and Weybridge (Mr. Hammond), as one of the more reasonable faces on the Opposition Front Bench, and he is normally clear and concise. He mentioned the emergence of a consensus today, but I must tell him that I shall ensure that a copy of his speech is sent to the general session of every trade union as soon as I can lay my hands on it. One of the very real differences between the modern Conservative party and almost everybody else could be seen in the words that he used and those that he nearly said.

    I shall attempt to shade in the gaps in a moment. Historically, Conservative Governments have tried to honour and protect our international treaty obligations. They were seen as the very centre of what one nation commits to fellow nations, and signing up to such treaties was not seen as a restraint on the rights of Parliament. Indeed, such matters are gifted by Parliament to the Executive to perform on our behalf. The idea that abrogation of our obligation under the International Labour Organisation treaty should be dismissed as irrelevant, or as something that we can trample all over, is outrageous. I hope that the hon. Gentleman will reflect on that.

    The ILO exists to protect employees all over the planet and, in fair societies, it protects good employers against rapacious employers. As Winston Churchill put it many years ago, we need to ensure that the worst employers do not drive down standards for the better ones. I hope that the hon. Gentleman will reflect on whether the Conservative party wishes to stake its name on ripping up international treaties on labour law or anything else. The signals that he has given will be read widely as showing that the Conservative party is still in retreat from the rest of the world and, especially, from the rest of Britain.

    The hon. Gentleman was right to say that the Bill introduces draconian powers. I have enormous misgivings about it, as do many Labour Members. It will remove the ability of fire service personnel to take part in proper negotiations, and that will not help to resolve the dispute, in either the long term or the short term. If the Bill becomes law, it may not even contribute to the process of dispute resolution, but instead be massively counter-productive.

    A modernised fire service must be able to deal with conventional emergencies and with the greater difficulties arising out of, for example, terrorism. It is in everybody's interest that fire service personnel can negotiate properly in connection with the changes that take place. In the end, it is not possible to impose an operating structure on any service—

    Order. I hesitate to interrupt the hon. Gentleman, but he is making something of a Second Reading speech. I remind him that he must speak to the amendments before the House, and especially to the one in his name.

    I am sorry, Sir Michael. I was trying to respond to the comments of the hon. Member for Runnymede and Weybridge, and I thought it necessary to set out the context for the amendment tabled in my name.

    The Bill has a role in the narrow sense that the most important development in the fire services dispute will take place, not on the Floor of the House this evening, but during next week's recalled Fire Brigades Union conference. I profoundly hope that the union will accept the recommendation by its general secretary and executive, and that we can move away from the period of dispute.

    I hope that my right hon. Friend the Minister for Local Government and the Regions will repeat today what he and my right hon. Friend the Deputy Prime Minister have said before—that the Bill will become unnecessary and redundant if the dispute is resolved. Such a statement would have great importance, as it would amount to the sunset clause that everyone wants. It would not set an expiration date in 15 or 18 months, or two years, but apply in a matter of days.

    I accept the general principle that this country should honour its international obligations, unless there is an extraordinarily compelling reason not to do so. However, does the hon. Gentleman accept that, if either the social charter or the ILO convention had the perverse effect of denying this House's right to pass a Bill such as this for a short period to attend to a specific problem, it would be equally perverse for this House to acquiesce in such an arrangement?

    I am sure, Sir Michael, that you want this exchange to be as rapid as possible. Most international treaties to which this country is a signatory contain emergency provisions that detail the circumstances under which it is possible and necessary for the Government to abrogate certain rights. These are difficult matters, and require enormous caution. All hon. Members expect such powers to be used with restraint, even in the most extreme circumstances. It is important to put on record the fact that restraint is exactly what was displayed by the FBU and its members while the conflict in Iraq was going on. At that time, industrial action was—de facto, if not de jure— suspended. That is very important, as rational people do not seek to exploit national emergencies. I hope that Opposition Members will join me in paying tribute to the FBU for the restraint that it showed in that period. The spirit of the FBU's response to the conflict was consistent with what the hon. Member for Buckingham (Mr. Bercow) asks me to endorse.

    4.45 pm

    The hon. Gentleman has drawn the Committee's attention to the fact that the FBU recall conference takes place next week, and he is trying to elicit from the Minister for Local Government and the Regions a commitment that the Bill will, in effect, be scrapped if the conference accepts a settlement. Is it not a curious use of scarce parliamentary time to take up a whole day to push the measure through when it is clear that in 10 days' time we may find that it is otiose? In those circumstances, does not the Bill look more like a negotiating tactic than a genuine piece of legislation?

    That question is probably not best addressed to me, given that I have already expressed reservations about the Bill. Perhaps the official Opposition will join me and others in hoping that there will be a proper settlement that is honourable for the FBU and the people who work in our fire services and, of course, for the Government.

    My reason for going along with the Government is that I recognise the steps that the Deputy Prime Minister and the Government have taken during recent weeks to try to bring an end to the issue. That view has also been placed on record by Andy Gilchrist, the general secretary of the FBU. In the end, the whole House should see the issue not as some polemical political game—I regret that there were shades of that in the hon. Gentleman's speech—because it is far too serious for us to be playing party politics and seeking political advantage. This is genuinely a moment for the nation to reflect on the role of Government, and to call on the employers and employees in the fire service to operate in that spirit, as the FBU is now doing.

    On my hon. Friend's point that the legislation is unnecessary and redundant, has he seen an article in Progress—which, as he knows, is the magazine for true believers—in which the Secretary of State for Trade and Industry, whom I remember well when she was a Bolshevik, indicates that the Labour Government risk being thrown from power because they are losing the trust of ordinary people? Is the measure not an example of the Government contributing to that loss of trust by introducing unnecessary and redundant legislation that is widely seen as anti-trade union?

    I confess that I have heard of the magazine progress, although it has not yet got past my letterbox, or at least not long enough for me to read it.

    My hon. Friend will be aware of the old adage about political literature: it has to be good enough to be read between the letterbox and the bin. Progress, alas, has not, for whatever reason, made it to that state. Perhaps, as at Passover, certain doors are marked as not to be called at and, for Jehovah's Witnesses and the purveyors of Progress, my door is marked with secret symbols that I do not yet understand. If so, I am only too grateful to those who marked my door.

    My right hon. Friend the Minister indicated that he was aware of my hope that the Government would make clear the value of the Bill if there is a proper end to the dispute when the recall conference takes place next week. If we have to revert to using the measure, we shall be in extremely troubled waters. It would pay all of us to use today's debate as an opportunity not to muddy the waters but to lower the political temperature. My right hon. Friend tried to do that during his Second Reading speech and I know that he will do so again today.

    I hope that he will resist the voices of those who want to raise the temperature. The Bill is not of itself draconian, but it will be seriously unhelpful and set a difficult precedent for Labour Members at least to stomach. That is why we need a sunset clause.

    I place on record my great concern at the remarks of the hon. Member for Runnymede and Weybridge, which should be weighed carefully by all hon. Members. He sought from my right hon. Friend the Minister comments about the role of a ban on strikes in the emergency services. I hope that the official Opposition will now begin to flesh out their views, because we know where they are going. They would seek a ban on industrial action by those working in the fire service. That would be totally unacceptable not just to Labour Members but to many people throughout the country.

    Mr. Hammond rose—

    Before the hon. Gentleman intervenes, may I invite him to make clear how the Opposition would circumscribe those powers? Which trade unions and groups of employees do the Opposition consider part of the emergency services? To whom would a ban on industrial action apply? What sort of penalties would the Opposition impose on those who sought to take industrial action, limited or otherwise? How would those penalties operate? For example, would those in the fire services or elsewhere who took industrial action be jailed? It would be helpful to get answers to those questions on the record.

    The hon. Gentleman correctly identifies—it did not take much detective work— that we propose that, if the Bill is going to work, it must have a power for the Secretary of State to impose a no-strike provision. However, our target is specifically and exclusively the fire service in which there is a current dispute and a real threat to public safety. I will not fast forward to the fourth group of amendments, but I suspect that we will have this debate in some detail when we come to them.

    I heard what the hon. Gentleman said, but I am sure that he has read the Second Reading debate carefully and noted that the Minister for Local Government and the Regions specifically did not rule out the possibility of a no-strike arrangement as part of the longer-term solution to the fire service settlement. He said that the White Paper would make the Government's thoughts clear. Perhaps the hon. Gentleman would like to press the Minister on that.

    I am grateful to the hon. Gentleman for his comments, and I shall come to his final point first. He should examine carefully the words of my right hon. Friend the Deputy Prime Minister, who was straightforward on Second Reading. I think that he ruled out the idea of a prohibition on industrial action. It is up to Conservative Members to press my right hon. Friend the Minister for Local Government and the Regions, but I take the view that such a prohibition would be unachievable. There are many practical difficulties attached to bans on industrial action.

    It is difficult to take seriously the idea that the Opposition would seek to ban strikes in only one part of the emergency services and that they would not use such a ban as a precedent for the rest. There is no logic to their position. It is ridiculous to suggest a ban for the fire service but not for other emergency services. That shows the difference between the Opposition's position and that of the Government and Labour Members.

    The sunset clause is designed for a difficult Bill that I do not want on the statute book. I hope that next week will see the end of the talk about the Bill. However, the hon. Member for Runnymede and Weybridge is suggesting that the Conservative party will campaign for legislation that would impose, come what may, a ban on industrial action by the FBU and those in the fire service. The Opposition are not seeking a sunset clause but a way to halt this Bill so that they could introduce something massively more draconian. That is the message that will go out today. There is a world of difference between the Government, who have their own view, and the Opposition who would seek to implement such legislation on a virtually permanent basis.

    I am sure that the hon. Gentleman knows from the national news yesterday about the large fire at Waitrose in Finchley that required the attendance of 100 firefighters and 25 pumps. Does he agree that, had the fire service been on strike, there would have been considerable difficulty in amassing 25 green goddesses to deal with the emergency? For that reason, while the Army is recovering after the war in Iraq, it is important that the fire service is not allowed to go on strike.

    That was a churlish remark because the FBU and the serving personnel who put out the fire in Finchley yesterday did not take industrial action during the Iraq crisis. Rather than again trying to increase difficulties, the hon. Lady should reflect on the fact that the best thing would be for the recall conference to bring the dispute to an end next week. Conservative Members do not want that to happen because they want to increase political difficulties. They want political advantage at the expense of the public because they hope, in their narrow way, that the Government are on the defensive. That approach cannot be in the nation's interest.

    The hon. Gentleman speaks from the Back Benches but I hope that the Minister recognises that the Opposition have tried to co-operate with the Government in dealing with the crisis. I have made it clear on many occasions—and I do so again—that Conservative Members fervently hope that the outcome of the 12 June recall conference is a vote for the employers' offer that is on the table. That would be the best outcome for everyone, and it is wrong for the hon. Gentleman to suggest that Conservative Members do not want that to happen.

    That is helpful because it means that I do not have to tell people up and down the land that the Conservative party wants to continue industrial difficulties or that it is in the habit of provoking such things and seeking political advantage from them. Of course, I shall still have to tell people that the official position of the Conservative party is to try to ban people in the emergency services from taking industrial action—it is well worth ensuring that that message goes out.

    I shall draw my remarks to a conclusion, entertaining though the debate has been for me. I hope that my right hon. Friend the Minister will make a further thing clear: the Bill must reach a conclusion in a finite time, even if it is successful. We can argue about different time periods but, frankly, I do not think that the periods on offer today are helpful or necessary because we will be in a very different situation after 15 months, 18 months or two years. I hope that we will find an answer to the problem in 10 days, not two years. Nevertheless, it is important for the Government to send a clear signal that they will dismantle the legislation. In that light, I hope that my right hon. Friend accepts the necessity of introducing a sunset clause.

    My hon. Friend the Member for Kingston and Surbiton (Mr. Davey) would have been speaking at this point but he is absent because he has had to attend the funeral of a close family member.

    The major amendments in the group would add sunset clauses to the Bill. There are three time periods on offer: our 15-month period, the Conservatives' 18-month period and the two-year period suggested by the hon. Member for Manchester, Central (Mr. Lloyd). The Government seem to be minded to accept one of the amendments and I suspect that they will err toward their friendly face on the Back Benches, although that will be more for party political reasons than because of specific differences among the seven-month range on offer. However, it would be welcome if they accept one amendment because it is better to have a sunset clause than not to have one at all. We will be grateful if they accept the purpose of such a clause.

    We would have welcomed its inclusion at the outset. Much of the debate on Second Reading was on that very issue and we could have moved on to more substantive matters had that become clearer earlier.

    5 pm

    It is obvious that a sunset clause is necessary. Ministers were reluctant to introduce the Bill. We do not blame them for that, and perhaps it should not even have reached this stage. The best sunset that it could have is for the FBU to accept the settlement on 12 June. I hope that the Government will say that they do not intend to proceed further with the Bill if that happens.

    I especially hope that the FBU accepts the settlement because one group in particular has been penalised by the dispute. The retained firemen—

    I did not mean to interrupt the hon. Gentleman mid-sentence. The Minister might decide to enlighten the House on the Government's position if the vote goes their way on 12 June, but simply getting the conference to agree to the settlement on offer is not the same as getting the settlement, with all its ramifications, implemented. I caution the Committee on taking the view that all problems will be solved in all areas if the conference agrees the offer on the table.

    There is broad agreement that the preferable solution is a negotiated settlement. The Bill is a draconian last resort and we do not want it pursued if it is clear that a negotiated settlement is proceeding. It is not in the interests of that negotiated settlement to rush the Bill through. The hon. Gentleman is in great danger of sending out the wrong signal to the firemen. We want them to take a rational and sensible decision on the offer on the table.

    The hon. Gentleman touched on the absence of the White Paper. The amendments relate to several aspects of the Bill and we would have welcomed publication of the White Paper. The imminence of the White Paper is apparently pressing every time it is spoken about, but we still have not seen it. I wonder whether its publication is being delayed until after the 12th. It would at least be open and accountable government if the Minister were to let us know that it will miraculously appear on the 13th after the FBU conference.

    Amendments Nos. 22 and 23—

    I am sorry to interrupt the hon. Gentleman, but he was about to mention retained firefighters before the hon. Member for Runnymede and Weybridge (Mr. Hammond) intervened. One has to accept that there is usually some rancour between the two unions, but it is my understanding that retained firefighters are strongly behind the FBU. Many of its concerns have received a degree of support from retained firefighters.

    I am grateful to the hon. Gentleman for bringing me back to that point. I was about to say that retained firefighters are some of the people who have suffered most from the dispute. They have not received pay award increases because they have been held back during the dispute. I am not sure where the hon. Gentleman has talked to retained firemen, but in my constituency, where all the firemen are retained, they have a bit of sympathy with some measures that the FBU has pursued, but they do not have sympathy overall with the way in which its leadership has handled the dispute. Not much has been said about the unfortunate position in which the Retained Firefighters Union finds itself. It cannot negotiate with employers and the FBU negotiates on its behalf. That is an odd situation because retained firefighters might not have the same concerns.

    I hope that the White Paper will herald a shift away from that approach.

    We have a great deal of sympathy for amendments Nos. 22 and 23, which would ensure that if the procedures were needed, an affirmative resolution of both Houses of Parliament and a debate on the Floor of this House would be required. Given what hon. Members on both sides of the House have described as the draconian nature of the Bill, that is a minimum requirement.

    The Conservative Front-Bench spokesman chose to rubbish amendment No. 28. The Conservatives appear to have spent more time discussing that amendment than any of the ones that they tabled, so they are clearly glad that the Liberal Democrats tabled it. Perhaps they got excited because the amendment contains the word "European"—it was probably a red rag to a bull.

    The purpose of amendment No. 28 is to draw attention to the fact that the Joint Committee on Human Rights has alerted to the Government to two potential conflicts arising from the Bill, the first with article 6 of the European social charter 1961. I acknowledge that, at the end of Second Reading, the Minister touched on the potential conflict with the International Labour Organisation convention, and to some extent he dealt with the European social charter, but I do not think that he has fully answered the concerns that have been raised.

    Under article 31(1) of the European social charter, restrictions or limitations are permitted if they are

    "prescribed by law and are necessary in a democratic society for the protection of the rights and freedoms of others or for the protection of public interest, national security, public health, or morals."

    On the face of it, it appears that the Bill does not conflict with article 6. However, because the Bill would not restrict the power to make orders to circumstances in which there is a public emergency or collective bargaining has failed to produce a satisfactory result it is possible that an order will be made that contravenes article 6. Perhaps it is not the Government's intention to use the Bill to make such an order, but a more detailed explanation from the Minister of why he does not share the Joint Committee's concerns would be welcome.

    The amendment also deals with article 8 of the ILO labour relations (public services) convention No. 151 1978, to which the UK has signed up. Exemptions from the guarantees provided in the convention cover high-level policy-making or managerial personnel, employees whose duties are of a highly confidential nature, and the armed forces and the police. There is no exemption for members of the fire services—they are not mentioned. The Government may argue that the article does not prevent them from imposing a solution if collective bargaining has failed to produce agreement, but the Bill will not restrict the use of the power to make orders in circumstances in which collective bargaining has been attempted but has failed to produce a satisfactory result within a reasonable time, so it is possible that an order will be made in circumstances that give rise to a violation of article 8 of the ILO convention.

    The Minister might say that those circumstances will not arise, but clearly the Joint Committee did not raise those concerns lightly. Until today, no substantive comment has been made on the Floor of the House about the two concerns.

    We were right to table the amendment, with a view to ensuring that the Government at least address the concerns that have been raised. We await the Government's reaction. Overall, the sunset clause is the most critical. We do not want the Bill to contain an open-ended power that can be used by the Government or future Administrations in unnecessary circumstances. We hope that there is agreement across the Floor of the House and that the Government have seen the light. Perhaps I should say that they see the light ending. We look forward to their acceptance of the sunset clause.

    I agree with my hon. Friend the Member for Manchester, Central (Mr. Lloyd) that it is important that we say nothing today that will jeopardise the opportunity of a negotiated settlement next week, despicable though the Bill is as an attack on trade union rights, but I will put that to one side.

    My amendment does not provide for a sunset clause, although I support amendments that contain such clauses. Indeed, I support the amendment tabled by my hon. Friend the Member for Manchester, Central.

    Amendment No. 16 provides a trigger clause. I remember my right hon. Friend the Deputy Prime Minister saying in the House that he was the only Secretary of State to introduce a Bill that he did not want to see implemented. He said that in the hope that the negotiations would lead to a settlement before there was a need to introduce legislation, to finalise it and eventually to gain Royal Assent. I drafted an amendment in that spirit.

    Before the Act is implemented, my amendment would require the Secretary of State to return to the House with an order that the House would have to determine by affirmative resolution. Obviously, negotiations would continue. The Secretary of State would have the opportunity to return to the House with a report on the progress of those negotiations, on the basis of whether they were satisfactory for the employer and employee and for the Government overall, and therefore representatives of the community overall. My amendment is in the spirit of the Deputy Prime Minister's approach to this legislation. Indeed, my right hon. Friend was applauded for his conciliatory approach during the debate that took place in May.

    I do not disagree with the hon. Gentleman's premise that it would be good to determine the order by affirmative resolution. I can assure him that whatever he does, when the order is made by negative resolution, he can be certain that the official Opposition will pray against it, whatever it says, good or bad, to ensure that there is a proper debate.

    I welcome the hon. Gentleman's comments. We should ensure that we should have a debate whenever we can.

    The purpose of my amendment is to enable my right hon. Friend the Deputy Prime Minister to report back to the House. We can then determine whether the Bill is necessary and whether it should be enacted and implemented. It would provide an opportunity for the Government to get off the hook, because the Bill has ramifications that go wider than the fire service. Indeed, it has ramifications for overall trade union rights. It could set a precedent—not, I hope, for this Government—for other Governments who may wish to introduce legislation to impose settlements in other disputes. As soon as we go down that slope, we start to undermine some basic human rights that the Labour party has campaigned for since its inception. Other parties that are represented in the House have also signed up to them in terms of national legislation and European-wide legislation.

    I will not press my amendment to a Division, but the purpose behind it is to try to help the Government to get off the hook, given the intemperate legislation that they have introduced, and to do so before that legislation is implemented. We hope that there is a settlement and that the proposed legislation will not be necessary. However, if the Government wish to proceed, I shall certainly support the sunset clause that has been proposed by my hon. Friend the Member for Manchester, Central.

    5.15 pm

    I support what the hon. Member for Hayes and Harlington (John McDonnell) has just said, at least in part, because I can sympathise with his amendment No. 16.

    I support the sunset clause. I hope the Government will accept the amendment moved by the hon. Member for Manchester, Central (Mr. Lloyd), which I understand is their intention. I am slightly surprised that such a provision was not written into the Bill, but on the principle of welcoming a sinner that repenteth, I suppose we should not be too churlish and grumble now, though I am very surprised that we are having a Committee stage on the Floor of the House rather than having the Prime Minister making a statement, as was requested in points of order, but that is a wider matter that I shall not address now.

    My amendment No. 23 is the standard affirmative procedure resolution. Amendment No. 22 is not, and I shall explain in a moment why I tabled it. We need first to understand the extensive nature of the powers set out in clause 1. There are three substantive powers in that clause on which we need to focus. First, it gives the Secretary of State a unilateral power to vary contracts of employment. In other words, the Secretary of State can by unilateral action change contracts of employment already in place. That is a wide power.

    Secondly, under clause 1(1)(b) the Secretary of State can direct the disposal of property of which he is not the owner. Again, that is a pretty wide power. Lastly, though perhaps not surprisingly given that it emanates from the Government, clause 1(2)(c) includes the power to impose charges on third parties. Those are extensive powers—the power unilaterally to vary a contract of employment, the power to direct the disposal of property and the power to impose financial burdens, all at the fiat of the Secretary of State. We need to ask ourselves what fetters and constraints are imposed on the Secretary of State. Precious few, is the answer.

    I recognise, of course, that the negative procedure is envisaged by the Bill, and I shall say a word about that in a moment. I acknowledge that the Bill contains provisions for consultation—consultation with lots of people, rather unspecified, but not with the House. The House is cut out of the process, save by the negative procedure, notwithstanding the fact that we are dealing with the variation of contracts, the disposal of property and the imposition of financial burdens. The one set of people who do not have a decisive say is us, the representatives of the people—not surprising, as I say, coming from this Government.

    Those are the problems that my amendments are designed to address. Amendment No. 23 is the standard affirmative resolution procedure—that is to say, the statutory instruments cannot become law unless they are approved in both Houses of Parliament. That, I should have thought, was the very minimum that the House would wish to require of the Government. However, it does not address the real problem.

    Affirmative resolutions are just affirmative resolutions of statutory instruments, and statutory instruments are not amendable. They can be rejected in their entirety or approved in their entirety. What the House does not have the power to do is to amend a statutory instrument, by adjusting its terms, deleting part of it or inserting something else in it. It is an extraordinarily imperfect method of controlling what is effectively legislation.

    That is the reason for my amendment No. 22. Very occasionally—I regret to say, very occasionally—Governments lay before Parliament a draft of the statutory instrument before Parliament is asked to vote on it, so that there can be a debate, sometimes 14 and sometimes 21 days before the substantive discussion. That gives hon. Members an opportunity to make a point about the statutory instrument and, hopefully, affect the outcome.

    That is a pretty miserable way of controlling government itself, but it is the only mechanism that parliamentary procedure currently allows. We should give ourselves the power to amend statutory instruments just as we amend Bills, but we have not done so and we must use the procedures that are available to us. Amendment No. 22 would use one of the few methods that is open to us.

    Using the amendment, I would wish to argue the case for imposing on members of the fire brigade unions a prohibition on the right to strike. I certainly think that that is a proper issue to discuss, as it was in respect of the police service. After all, the police regulations and the Police Act 1996—incidentally, their terms are replicated in new clauses 1 and 2, which were not selected for discussion—prohibit such action in respect of the police. I see no possible justification for members of the fire brigade to go on strike at any time. I think that it is very reprehensible indeed that, in pursuit of an industrial action, they should put at risk the life and property of their fellow citizens. I think that that is quite wrong.

    Does the right hon. and learned Gentleman see that argument as extending to other bodies, such as the ambulance service?

    I would not say no as a matter of principle, as I would regard each class on its merits. We are now talking about the fire brigade, to which I shall confine my remarks, but that does not mean that I would not make the same comment about other services in appropriate circumstances. I would treat each on its own merits.

    Will the right hon. and learned Gentleman think again about what he said about putting lives at risk? During the strike, adequate cover was provided and, to be fair, when FBU members were called upon, they broke the strike to avoid that outcome.

    I am perfectly prepared to accept that members of the fire brigade broke their strike and came out to help on a number of occasions, but one cannot seriously say as a matter of general principle that members of the fire brigade do not put at risk the lives of their fellow citizens or their property if they go on strike. That is the inevitable consequence of strike action and I happen to think that it is profoundly wrong. I think that this House should have a proper opportunity to debate that. Speaking for myself, I would like such prohibitions to be incorporated in statute law.

    My right hon. and learned Friend might want to remind the hon. Member for Meirionnydd Nant Conwy (Mr. Llwyd) of the fact that, on Second Reading, the Deputy Prime Minister himself said:

    "If the FBU calls for further strikes, lives will be endangered and property put at risk. "—[Official Report, 8 May 2003: Vol. 404, c. 859.]

    One does not have to be very bright to spot that, as it is the inevitable consequence of members of the emergency services going on strike. While individual members might break strike action on occasion, the inevitable and probably intended consequence is to put pressure on the Government. Those on strike put pressure on the Government by putting at risk the lives and property of their fellow citizens. I happen to think that that is profoundly wrong.

    I do not agree with the right hon. and learned Gentleman about the right to strike, which I think is a hard won right that we should preserve in this country. Nevertheless, does not his logic, which I shall accept for a moment, drive him to conclude that, if no right to strike is allowable in the fire service, no right to impose a settlement should be allowed on the part of a Government? If there is no right to strike, the fire service should have an independent decision-making process for agreeing proper wages and conditions for firemen and women.

    I start from the first proposition—that there should not be a right to strike. Let me say that when I was Prisons Minister, I argued the same in respect of prison officers, as I thought it entirely wrong for them to take industrial action. I also happened to be Police Minister some way back, and I am extremely glad that the Police Act 1996 and police regulations prevent police officers from going on strike. The same is true of the armed services—and quite right too.

    The question whether the Secretary of State should have a power unilaterally to impose a prohibition on the right to strike is another matter.

    The important point is that the House, not the Secretary of State, should decide the matter. Amendment No. 23 would at least provide for the affirmative resolution procedure to allow the House to give its support.

    I have gone a little wide of what I wanted to say—I am grateful for your indulgence, Sir Michael—in arguing vigorously the case against strike action by fire brigade members, which I feel very strongly about. In any event, these powers are important because they constitute both a unilateral variation of contracts of employment and a right to impose financial burdens and to dispose of property. That should be done only with the proper authority of this Committee. The measure would be imperfect even if the House accepted amendment No. 22, but it is the least that we could properly do, and I hope that right hon. and hon. Members will consider that.

    First, I record as a declaration of interest my membership of a trade union and say that we should fiercely defend the right to strike, which is so important for trade unions.

    I want briefly to speak in support of amendment No. 16 and the amendments tabled in the name of my hon. Friend the Member for Manchester, Central (Mr. Lloyd). The overall point is that we are spending an enormous amount of time debating these issues when we should be talking about the future modernisation of the fire service and the part that the pathfinder report can play in that. In that context, many hon. Members, including me, will listen carefully to every word that the Minister says in response to this group of amendments so as to judge whether the Bill may be unnecessary, given that a negotiated settlement may follow the conference that is taking place in Glasgow next Thursday. Firefighters, too, will listen carefully to his comments, especially in relation to the sunset clause and the affirmative resolution, to determine whether the Government intend to allow a negotiated settlement to be reached. Whatever happens, without such a settlement we will not have the necessary goodwill from everybody to take the agenda forward.

    I respect the generosity that my right hon. Friend the Minister extended towards Staffordshire MPs when he met us shortly before the recess. We told him how important it was that a negotiated settlement should be reached, irrespective of the Bill, and that, having met FBU members and the chief fire officer, we want to ensure that not only the FBU but the employers are able to advance the modernisation agenda. His response will be carefully scrutinised, and I await it with great interest.

    The amendments predominantly deal with the issue of whether the Bill should be time limited, which was raised by several hon. Members on Second Reading. At the time, I said that that could be considered in Committee, and so it has proved. As we have made clear on several occasions, the Bill is part of our strategy for dealing with the exceptional set of circumstances presented by the current fire dispute. It is not a vehicle for dealing with our longer-term vision for the fire service, which will be set out in the White Paper that we expect to publish shortly.

    I hope that hon. Members will understand that there are always timetable issues involved in the publication of important documents, but it is our intention to publish the White Paper in the very near future.

    5.30 pm

    As the Committee will know, we are committed to modernising the fire service, and the forthcoming White Paper will describe our proposed reforms in detail. I hope that it will be helpful to the Committee if I take a little time to describe how the Bill and the White Paper will complement each other. Before I do so, however, I want to make it quite clear to my hon. Friends that there is no wider application to any other industrial relations situation implicit in the Bill; it relates specifically to the current position in the fire service. That has been clearly stated by the Deputy Prime Minister and me on many occasions, and I want to make it absolutely clear to the Committee tonight.

    The powers that the Bill would confer would enable us to draw a line under the present dispute. The Bill should therefore be a temporary measure, designed solely to address the current dispute and its immediate aftermath. For the longer term, the White Paper will set out comprehensive proposals for a new framework for the fire service that I believe will give it a new sense of purpose and prevent the kind of stalemate that has characterised this industrial dispute. The hon. Member for Runnymede and Weybridge (Mr. Hammond) asked me whether the Bill would address some of the difficult issues that have been thrown up by the negotiations, and I can give him the assurance that he is seeking: we shall certainly set out proposals for a longer-term framework which should ensure a better future without the kind of unproductive stalemate that we have encountered in the course of the last few months.

    I should also say to the hon. Gentleman that there is absolutely no significance, so far as I am concerned, in the textual changes in the later stages of the employers' offer. The employers assure us that those changes are entirely compatible with their objective of ensuring the modernisation of the fire service while giving reassurance to worried members of the Fire Brigades Union that some of the wilder fears that have been expressed about some of the consequences are completely unfounded. Those assurances were used as a basis for changes to the document, to give reassurance. That is an entirely sensible and proper thing for the employers to have done, but it in no way changes the fundamental principle that the pay offer of 16 per cent. must be linked to modernisation, and that modernisation must achieve the necessary savings to ensure that the offer is affordable.

    I hear what the right hon. Gentleman says about the deletion of the reference to the White Paper, but does he not see at least a message, if not a specific significance, in the removal from paragraph 1.1 of the following words?

    "This is a package agreement, which integrates changes to modernise the fire service with associated pay rises, which depend upon the implementation of the entire package."
    Those words have been expunged. Is there no significance to that?

    We have made it quite clear to the employers on many occasions that the interim funding of £30 million that we have pledged to make it possible for them to meet the costs of this settlement—given that it will take some time for the benefits of modernisation to flow through and to meet the costs implicit in the offer—is the maximum that is on offer, and that we shall not meet any additional amount. The employers are quite clear about that, and hence about the fact that the offer has to ensure that savings can be made over that time scale to enable them to keep within their budgets. They have made it clear to us that they are satisfied that the latest offer achieves that objective, and of course it is in their interest to do so because, financially, they will have no other means of meeting the costs of the settlement.

    The White Paper will articulate the Government's vision for the fire service. It will set out the reforms that we have in mind to ensure that the service is well managed and efficient, serving the needs of the community and able to respond to the challenges of the 21st century. We intend to set out the legal, institutional and managerial changes required to deliver that vision. One of the keys to this is to set clear targets for fire and safety outcomes, to support local analysis of how these can best be achieved, and to insist on best value in the way in which services are delivered.

    In the context of this long-term approach, we are prepared to accept the principle that the Bill should be time-limited. However, we believe that the time limits of 15 months, as set out in amendment No. 29 tabled by the Liberal Democrats, or 18 months, as proposed in amendments Nos. 2 and 35 tabled by the hon. Member for Runnymede and Weybridge, are too short. I will explain why.

    Even when a settlement has been achieved, whether by agreement or by imposition, the new direction that modernisation requires will not be achieved overnight. It therefore makes sense to retain the powers that the Bill will confer until we can be reasonably clear about the fact that the improvements that we want to see are well on the way to being achieved.

    I will give way to my hon. Friend in a moment, but I want to make a little more progress. It is important for the time scale to be fully understood.

    A time limit of 18 months would last to around the end of 2004, assuming that the Bill receives Royal Assent this summer. That sounds a long time away and it might just allow sufficient time for any Bill introduced in the next Session—one designed to implement the White Paper policies—to come into effect, although that could not be guaranteed if the parliamentary passage of such a Bill were prolonged. With a 15-month time limit, there would be a serious risk of those powers lapsing before any Bill setting out our long-term strategic framework even received Royal Assent, let alone came into effect.

    We should also bear in mind the fact that the fire service pay settlement date is November each year. The deal now on the table would change that by bringing the date forward to July, but if it were not accepted—of course, the powers in the Bill are designed for a situation in which there is no negotiated settlement—we would face the possibility of having to make an award not only for November 2002 and November 2003, but perhaps for November 2004. If we were in that situation, it would not help to be working against an 18-month time limit that ran out in December or January, and certainly not a 15-month time limit that ran out in September or October.

    In any event, experience has taught us that we need a back-stop. Fire service reform and the legislation that that entails are Government priorities. The Bill should be a stop-gap that enables us to deal with the immediate future, but does not tackle all the long-term challenges. At the moment, there are grounds for optimism about the outcome of negotiations between the employers and the FBU. We may not even need to use these powers at all. As we have always made clear, that is our hope.

    I respond to my hon. Friends the Members for Manchester, Central (Mr. Lloyd) and for Stoke-on-Trent, North (Ms Walley) by saying that the Deputy Prime Minister and I have clearly indicated on many occasions that our objective is that there should be a negotiated settlement and that if that is achieved we will not need to use the powers in the Bill. That is a clear commitment. This is a stop-gap. We hope that it will not he necessary to use these powers.

    I would be grateful if the Minister clarified the distinction between not using the powers and abandoning the Bill, because it seems to me to he important. It is perfectly possible that on 12 June the offer will be accepted, but that we will find further down the line in some areas, although perhaps not all, that there are difficulties with implementing the changes in working conditions that are integral to the offer.

    The hon. Gentleman makes a perfectly fair point that is obviously in our mind. There have been worries over the past few months that agreements appeared to he on the verge of being reached, but were not achieved. There may well be areas that are less enthusiastic about reaching an agreement than others. I sincerely hope that an agreement is reached, that next week's recall conference votes decisively in favour of what is a good offer from the employers, and that there will be wholehearted commitment to implementing the agreement. Of course, it would be foolish of us to assume that that will be the case.

    As I have made clear, we believe that there is a need for provision to cope with the circumstances between now and the implementation of the Bill that will give effect to our White Paper proposals, which is why I have said that the 18-month and 15-month periods are probably too short. So I confirm our belief that this Bill should proceed to the statute book, but we do not intend to invoke its powers if there is a settlement and it is implemented in the way that we all hope it will be.

    Do not the Minister's remarks disagree with the Deputy Prime Minister's earlier statements? The Deputy Prime Minister said that, if there were a settlement, the Government would not need to proceed with the Bill.

    No. My right hon. Friend the Deputy Prime Minister has made clear on many occasions his earnest hope that he will not need to use these powers, which is different from saying that he does not want the Bill to be enacted. We believe that the Bill is necessary.

    Earlier, my right hon. Friend made it very clear that the Bill was intended to deal with the current dispute and its immediate aftermath. I understood him then to say that he needed it as a backstop for implementation of the White Paper. That surely flies in the face of the trust that we need in order to secure a settlement by agreement. I am sorry to return to this issue, but is the Bill intended to deal with the immediate dispute—which was my impression—or to enable the White Paper to be implemented?

    Let me try to explain. This is an important issue, and the two elements are closely related.

    The offer from the employers involves a settlement over two and a half years, during which modernisation will fund much of the cost of the firefighters' increased pay, which will be given in three stages. The two must go hand in hand. Without implementation, the employers would clearly find it impossible to meet the commitment to increased pay. That is why the period after agreement is closely, and rightly, associated with our current position.

    As I have made plain to the Committee, in parallel with that we intend to publish in the near future a White Paper providing a modern framework for the fire service. We recognise that the current arrangements, which date back to 1947, are out of date in many respects and need to be reformed. The White Paper will set out our vision for the future of the fire service. We intend to seek legislation at the earliest opportunity after that, but, as my hon. Friend knows, it cannot happen quickly.

    I am trying to answer the important question asked by my hon. Friend the Member for Bristol, West (Valerie Davey). I will give way in a moment.

    The implementation of the subsequent Bill is likely to take at least until the end of the 18-month period specified in the amendment. If it were delayed, there would be a hiatus between the lapsing of this Bill and the implementation of the new one. We do not think that that would be healthy or sensible. We think that the new framework for the fire service should be introduced as early as possible, but that the lapsing of this Bill should not precede that.

    I am trying to be constructive. Can my right hon. Friend explain why the combination of a sunset and a trigger clause does not satisfy his requirements and those of the Deputy Prime Minister? A sunset clause recognises that the Bill will lapse in due course. A trigger clause gives the Government an opportunity to say, "We will not implement this legislation unless we have a difficulty. Then we will come back to the House, explain the difficulty, and if necessary proceed to implementation."

    If my hon. Friend will bear with me, I shall deal with that when I deal with his amendment, which seeks to introduce such a trigger clause. He stressed that the amendment had been tabled in a constructive spirit, and I hope to respond in the same spirit.

    As I have said, we know from experience that recommendations to conference from the FBU executive are not always accepted. We would rightly be open to criticism from Members, and indeed from the wider public, if in 15 or 18 months we found ourselves facing further disruption and frustration, but without the powers in the Bill. A two-year time limit would, we believe, provide more certainty. I am pleased to say that we will therefore accept amendment No. 17, tabled by my hon. Friend the Member for Manchester, Central.

    In addition to providing a sunset clause to a realistic time scale, his amendment has the added benefit of permitting the Secretary of State to revoke orders made under the Bill after its order-making power has ceased to have effect, should that be necessary.

    5.45 pm

    Opposition Members have suggested that only the power to fix or to modify conditions of service should be time limited, so that the Secretary of State can continue to give directions to fire authorities about the use of property or facilities after 18 months have elapsed following Royal Assent. That is not appropriate either, for the reasons that I gave earlier. The White Paper and consequent substantive legislation will address the Secretary of State's relationship with the fire authorities in the round.

    I may have missed something, but although amendment No. 35 may have that effect, amendment No. 2 clearly states:

    "The powers conferred by this Act shall cease to have effect eighteen months after the date on which it comes into effect."

    I understand that point. The hon. Gentleman has two amendments in his name and they would have different effects. Amendment No. 35 would have the effect that I just described, so I hope that he will accept that our proposal is the sensible way forward.

    Amendments Nos. 22 and 23 deal with the parliamentary procedure for making orders under the Bill and are, as we heard from the right hon. and learned Member for Sleaford and North Hykeham (Mr. Hogg), alternatives. Both require orders made under clause 1(1)(a), on conditions of service, to be approved by a resolution of both Houses. However, amendment No. 22 would require that an order also be debated in draft by each House not even than 14 days before it was laid. I heard the justification advanced by the right hon. and learned Gentleman—that that would allow amendment of a statutory instrument that would otherwise not be possible. However, such orders would be made only in circumstances where there was a serious short-term need for action because of—as the hon. Member for Runnymede and Weybridge rightly pointed out—a potential risk to the public.

    The powers contained in clause 1(1)(b) in particular, relating to the deployment of equipment and appliances in the interest of public safety, would need to be used very quickly indeed. That is why, as the right hon. and learned Gentleman will understand, we have not made provision for parliamentary approval of those powers. If there were a process whereby the powers could be used to ensure that aerial appliances or other firefighting equipment that otherwise might not be made available could be made available in a hurry, he would find it difficult to justify a procedure involving two—

    Mr. Hogg rose—

    I shall give way to the right hon. and learned Gentleman in a moment; I am trying to explain my reason for not accepting his amendment. The public would find it odd that not just this House but the other House was expected to debate, on two separate occasions, whether it was appropriate for the Secretary of State to use those powers to ensure the deployment of fire appliances to protect public safety and save people's lives. I hope that the right hon. and learned Gentleman will accept that that rather elaborate procedure simply would not be appropriate in such circumstances.

    The right hon. Gentleman has focused on the power to order the deployment of facilities of various kinds. Of course, the argument that he advances does not apply to the power to

    "fix or modify the conditions of service",
    particularly remuneration. No such urgency exists there; perhaps he would care to confine his remarks to the power to deploy the facilities.

    With the greatest of pleasure, because, as the right hon. and learned Gentleman knows, in terms of the power to fix conditions of service there is a separate requirement—an obligation on the Secretary of State to undertake consultation. So there will be a full opportunity for the views of those most closely involved—including those working in the fire service, the employers and the public—to express their views before any decision is taken. I hope that the right hon. and learned Gentleman regards that as appropriate.

    We are openly seeking these powers on a temporary basis, so the procedures laid down will have only a limited life. As I have said, we will set out in the forthcoming White Paper our longer-term strategy.

    If amendment No. 16 were accepted, the Bill would be commenced by order, which would be subject to the affirmative resolution procedure. As currently drafted, the legislation would commence on enactment and the order-making powers would be immediately available to the Secretary of State. Subject to the Bill's other provisions—such as those on consultation, to which I have just referred—the Secretary of State would be able to make a pay award or give directions to fire authorities straight away. I believe that that is desirable, for the reasons that I have outlined.

    It would mean that firefighters could receive their pay award relatively quickly. The hon. Member for Ludlow (Matthew Green) rightly pointed out that many retained firefighters have not received a pay increase since November 2001 and, quite reasonably, feel aggrieved about it. Many have not been involved in the dispute, and with the prospect of continued protracted delay much can be said in favour of taking action to ensure that firefighters receive a pay increase relatively quickly.

    Secondly, in the event of further strikes, the Secretary of State might need to give urgent directions to a fire authority to ensure that property and facilities are available to those providing emergency cover in order properly to protect the public. The amendment would inevitably cause delay, frustrating the wishes of many firefighters to receive a pay award and placing the public at unnecessary risk.

    Amendment No. 28 deals with human rights, about which hon. Members are understandably concerned.

    I am incredulous about the process that the Minister suggests would encompass delay. He makes two specific points, the first of which is about the pay award. If agreement is reached next week, will the Secretary of State determine the pay award under the Bill, or will previous negotiation procedures apply? If the new legislation applies, we would have to wait for it to pass through the House of Lords before we could proceed with the pay award. I thought that current negotiations related to current negotiating practices and that an award could be agreed on that basis.

    Secondly, if disputes arise in future, are we suggesting that the Secretary of State would not have time to discuss the matter, produce a report and decide whether the legislation should be implemented? Disputes can arise without necessarily incurring delay. The Government are not suggesting real practical problems and the trigger mechanism would assist rather than obstruct the resolution of future disputes.