House of Commons
Thursday, May 10, 1945
The House met at a Quarter past Two o'Clock
Prayers
[Mr. SPEAKER in the Chair ]
Oral Answers to Questions
Industrial Reconversion
Building Trade Workers
asked the Minister of Labour on what principles he will act in choosing under Class B of his demobilisation scheme the 60,000 building trade workers whose release has been officially promised almost immediately after the end of the fighting in Europe.
The building trade workers referred to will be selected on the basis of the Service records of pre-enlistment occupations, and in age and service order, until the agreed number is reached. The release of these men in Class B will proceed simultaneously with releases in Class A, but their numbers will be restricted in any period to a small proportion of the latter.
Is not the right hon. Gentleman aware that that really does not answer the uncertainty in which serving men are placed? The serving man wants to know whether, as a building trade worker, he is to be released under Class B or not, and, if so, what priority there will be for each class of tradesman. Can my right hon. Friend clarify that position?
I cannot add any more to the answer, except that as Class A comes out there will be about 10 per cent. of releases available for Class B. They will be selected in the manner I have indicated.
How will the selection be made? Will the War Office, the Navy and the Air Force make their own selection, or will employers be entitled to apply for the release of men whom they specially require?
Obviously, if a body of men is coming out to be under direction, in those special circumstances, individual employers cannot apply.
Cannot?
Cannot apply. The men will not come back to individual employers but will be used for this special purpose of building houses. Secondly, the men will be asked if they are willing to enter into this contract and they will not be forced to do so.
Does this apply to those serving in Burma?
Yes. The whole question of release, and the object of the release scheme, is an endeavour to treat all theatres of war on terms of equality.
Can the right hon. Gentleman give us any indication how soon the releases will commence?
I must have notice of that question.
If the men are not coming back to individual employers, as the right hon. Gentleman has just said, what happens about their entitlement to reinstatement in civil employment?
That is kept alive.
Resettlement Leave Period (Employment)
asked the Minister of Labour why in the booklet "Release and Resettlement" adequate publicity has not been given to the proposal that Service men and women during the period of paid leave, following release, will be free to find their own jobs and not be directed by his Department.
I would refer the hon. and gallant Member to page 8 of the booklet, wherein it specifically states that men and women on release in Class A from the Forces will be able to obtain employment where they wish, and that during their period of resettlement leave they will not be required to take employment under any powers of the Ministry of Labour and National Service which may then be gen- erally in force. It further states that if they have obtained a job during their period of paid leave, they will not be withdrawn from it.
Is my right hon. Friend aware that the booklet has something like 50 pages of detail where direction is concerned, but only four and a half lines where the freedom of the worker is concerned?
Freedom can be expressed in one word.
Disabled Ex-Servicemen (Light Work)
asked the Minister of Labour if he is aware that Mr. Richard Hardy, of Golborne, Lancs., an ex-Serviceman with three young children and a 30 per cent. disability pension, by medical evidence fit only for light work, applied for employment at a place of which he has been informed and was told by the labour officer that light work was for girls and therefore he could not be employed at that factory; and will he take steps to ensure that disabled ex-Servicemen will have precedence before physically fit persons.
My first report does not bear out the circumstances as indicated in the Question, but when I have completed my investigations I will write to my hon. Friend.
May I ask the right hon. Gentleman whether there is a schedule of jobs for men who are in this position?
I would like to go into this case a little more deeply, because I do not know exactly in what category this man comes, until I read the report.
Labour Supply Inspectors
asked the Minister of Labour if it is proposed to utilise the services of the labour supply inspectors during the transition period from war to peace production; and, in view of the experience gained by this section in regard to the sub-division and reallocation of labour, etc., will he consider its continuance, with any necessary modifications, as a permanent peace-time service to industry.
Yes, Sir. The labour supply inspectors have made a valuable contribution to the war-time mobilisation of labour and I shall certainly utilise their services during the change-over. The number of inspectors required in the future and the period for which they will be needed will, of course, depend on the nature and extent of the work available for them.
In view of the right hon. Gentleman's known interest in welfare work, will he consider whether these inspectors can be used in connection with welfare in works of all kinds?
I will take it into account.
Workers' Reinstatement (Prosecutions)
asked the Minister of Labour how many of the 63 employers prosecuted for refusing to reinstate workers when directed by the Board of Appeal were convicted; what was the maximum sentence imposed; and in how many cases has the employee been reinstated.
Of the 63 employers who were prosecuted either for terminating the employment of workers without permission or for failing to comply with the directions of a national service officer to reinstate, there were 47 convictions, nine cases were dismissed under the Probation of Offenders Act subject to the payment of costs by the employers, six cases were dismissed and one was withdrawn. The maximum penalty inflicted was a fine of £50 with £8 8s. costs. I regret that information as to the number of cases in which the employee was reinstated is not readily available and the time necessary to extract it from the records would not be justified.
Does not the Minister find some difficulty in arriving at the identity of the employers when, as in the case of a noted capitalist supporter of the Common Wealth Party, one individual holds 36 directorships?
War Workers (Transfer to Civilian Production)
asked the Minister of Labour if, when selecting workers for release from munitions industries on redundancy, he will give every facility for the release of skilled workers needed to re-establish and maintain plant and machinery required for important civilian production.
Yes, Sir. That is my policy. I had to transfer such skilled workers from these industries in order to build up war production. As reductions are made in the labour force of munitions industries, it is essential that skilled workers who are needed to re-establish and maintain plant and machinery in important civilian industries should be released for this purpose, and resettled as soon as possible. Both sides of industry have agreed to co-operate with me in the selection of workers required for priority vacancies which would include work of this kind.
Will the Minister bear in mind that he will be transferring skilled workers; and will he see to it that it is done in keeping with the wages at present paid to those skilled workers, and also have regard to the localities to which they are transferred?
I am afraid I could not guarantee, when men are transferred to civilian industry, to maintain all the wages they have earned on war work. They must have the rate for the job, as agreed between the trade unions and the employers. With regard to returning them to a particular locality, we are giving them an opportunity to return home, and as I announced last week, paying lodging money until they find accommodation in their home town.
asked the Minister of Production whether, having regard to the present change of circumstances in Europe, it is possible now to make an all round percentage cut in war production and thereby release men and women on munitions to return to the clothing and furnishing factories in view of the shortage of supplies urgently needed in the homes of the people.
My hon. Friend's Question raises the general issue of continued production of munitions. I had intended to make a general statement to the House on this subject early next week, but if my hon. Friend would care to put down a Question for answer on Wednesday next I will then take the opportunity of dealing with the position generally. Meanwhile I can assure my hon. Friend that the importance of manning the clothing and furniture industries is fully recognised by the Government.
Could I ask the right hon. Gentleman if the needs of the export trade have also been given the same serious consideration?
Yes, Sir.
Questions
Military Service (Higher Age Groups)
asked the Minister of Labour if he has any statement to make as to the future call up of men over the age of 30 for the Forces.
As I indicated in my reply to the hon. Member for Stoke-on-Trent (Mr. Ellis Smith) on 12th April, men born in 1914 or earlier are not now being called up, except in so far as they may be required to meet the demands of the Forces for tradesmen or specialists, or for other special reasons.
Could my right hon. Friend ask the Service Departments to make known, as widely as possible among the Forces overseas, the explanation he gave last Thursday?
Certainly. I will see that it goes over.
Young Persons (Employment on Licensed Premises)
asked the Minister of Labour why his Ministry concurs in the employment of young persons under 18 years of age as barmaids and barmen on licensed premises.
I have no power to prevent young persons from entering employment which is within the law.
While this type of employment may be suitable for older people, does the Minister consider it quite desirable for young people?
It is not for me to express an opinion on this matter. The parents are really responsible. We tender the best advice we can from the juvenile employment service. Parliament has not given us power, and I do not suppose it ever will, to prohibit persons from going into employment.
Hospital (Nursing Staff)
asked the Minister of Labour if he is aware that owing to the withdrawal of trained nurses a hospital was left recently with five trained nurses out of an establishment of 18 to attend over 200 patients some of whom were fresh from the operating theatres; and whether, in view of the danger to patients being left in the hands of partially trained personnel, he will endeavour to leave in each hospital a reasonable minimum of nurses trained for the care of the acutely sick and major surgical cases.
If the hon. and gallant Member will furnish the name of the hospital I will certainly have inquiries made.
In view of the changed war situation, will the Minister be able to do anything to alleviate the nursing position?
It will be acute for some time, with all the casualties, and the claims made for India and Burma. With all the demands made for nurses, I am afraid that the situation will be acute for some considerable time, but I will do my best about it.
Ministry of Pensions (Temporary Staff, Pay)
asked the Minister of Pensions if he will consider increasing the rates of pay offered to clerical workers who are temporary civil servants at the new Department set up in Cheltenham, as the existing rates are causing dissatisfaction.
The rates of pay in question are the same as those paid to temporary clerical staff throughout the Civil Service who are employed in provincial centres, and were fixed in agreement with the recognised staff associations. I am satisfied that these rates of pay are appropriate to the duties performed.
Pensions and Grants
asked the Minister of Pensions if he will state the number of disabled men in receipt of 100 per cent. pension for total blindness arising out of the present war, including the Navy, Army, R.A.F. and Merchant Navy; and the number in the same category in the war of 1914–1918.
The numbers are 300 for the present war and 1,800 for the last war.
Is the right hon. Gentleman aware that blind people need more attention and more help than other injured persons; and will he be good enough to consider whether he ought not to make it a little easier for them by giving them a little help and a little higher pension than £2 a week, as they are in very straitened circumstances?
If such a disabled person is not able to work he gets supplementation. I am glad to say that there is happy co-operation between my Department and St. Dunstan's, who are paying special attention to these cases, and we are doing everything we can to train the men in a useful occupation.
asked the Minister of Pensions whether his attention has been called to the observations of the Pensions Appeal Tribunal in the case of the claim of Mrs. Victoria Ivy Kemp for a pension, as the result of her husband's death in Alexandria due to injuries caused by an Army lorry; and what action he proposes to take as the result of this case.
I am very glad to be able to state that Mrs. Kemp, who is the widow of a merchant seaman, has been paid by the ship-owners the full amount which would have been appropriate under the Workmen's Compensation Acts if her case had fallen within these Acts. Arrangements on these lines were made during the adjournment of the Tribunal hearing, but effect could not be given to them until the claim to a war pension had been finally disposed of.
As this is in the nature of an ex gratia payment, and does not attempt to deal with the principle raised in this case, which was commented upon very seriously by the Pensions Appeal Tribunal, will my right hon. Friend do something to alter the law, so that these appellants for pensions can get pensions as of right?
I do not agree that the statement made by the tribunal was anything like what my hon. Friend says. I have it here in full. The tribunal pointed out that there was a difference between death in an armed Service and this accident, which took place on shore when the man was away from his ship and off duty. I think we have settled this very satisfactorily for the widow, and I wish to pay my tribute to the Ministry of War Transport for the help they have given.
Does my right hon. Friend recollect that the tribunal said they thought it right to call the attention of those whose business it was—that is Parliament's—to these matters; and how can he say that their remarks were not something in the nature of censure?
The tribunal pointed out that this particular widow unfortunately fell between three stools, not two. I have done everything I could to see that she got on to one stool.
Burma (Oilfields)
asked the Secretary of State for Burma what is the Government's policy concerning the future disposal of the newly-liberated oilfields in Burma; and whether he is aware that indications that these may be handed back to foreign companies in this country for exploitation is causing concern amongst the Burmese.
Before the Japanese invasion the oilfields in Burma were operated by a number of companies none of which was a foreign company, which had rights under leases granted by the Government of Burma. On the complete liberation of Burma such companies will again be in a position to exercise their rights which have not expired and His Majesty's Government have no intention of preventing them from doing so.
Do I understand the expression "foreign companies" to include British companies?
There are no foreign companies operating in Burma.
Including British?
British Subjects, France (Exit Permits)
asked the Secretary of State for the Home Department how many British subjects ordinarily resident in France but now living in this country have applied for exit permits to return to France and how many permits have been granted; and what arrange- ments His Majesty's Government is making for such persons as have not yet been granted permits to return to France so that the accommodation they now occupy may be used for overcrowded Servicemen's families.
Two hundred and seventy-five British subjects have applied for exit permits to enable them to return to their pre-war homes in France, and 185 permits have so far been granted. My hon. and gallant Friend will appreciate that internal conditions in France are very difficult, and it must be for the French Government to decide how soon they can re-admit British subjects who were evacuated from France.
If I send my right hon. Friend particulars of the case in which an exit permit has been refused where the man still has a flat and a business in Paris will he expedite the exit permit?
I will look into the case on its merits.
Boy Scouts (Camping Restrictions)
asked the Secretary of State for the Home Department whether the restrictions placed upon the Boy Scouts may be among the first to be removed.
I am not at all clear as to what is meant by my hon. and gallant Friend's Question. If, however, he is referring to the camping restrictions imposed under Defence Regulations, these have been removed by the Order in Council of which I informed the House yesterday.
Local Government Elections (Free Postage)
asked the Secretary of State for the Home Department whether, in view of the large increase in the number of local government electors and in the cost of printing, etc., he will introduce legislation to provide for free postage in local government elections on similar lines to Parliamentary elections.
If candidates at local elections were to be granted free postage, the cost would have to be reimbursed to the Postmaster-General by the local authorities on whom falls the cost of local elections. The proposal of my hon. and gallant Friend could not, therefore, be considered without consultation with the local authorities, and I am not aware that there has been any widespread demand for this facility. Should the local authority associations make such representations I should be prepared to give them consideration.
Is there any reason why the cost of this should not be borne by the Treasury?
There is no reason at all why it should be borne by the Treasury. These are local elections, and the cost of local elections falls on the local people. Certainly it ought not to fall on the Post Office, which is a business concern. It is not its business to throw away free postages to all and sundry. That would shock my ideas about the management of a State undertaking.
As my right hon. Friend understands the principles of democracy, does he not think it right that poor candidates should not be prevented from standing for local government elections, because of the expense?
I am not unsympathetic to the proposal, and if the local authorities were to think favourably of it, and to make representations, I would certainly give it consideration.
Is the right hon. Gentleman aware that the Post Office, far from being a business concern, renders services to other Government Departments without payment?
Defence Regulation 18b
asked the Secretary of State for the Home Department how many British subjects, who were interned without trial, are still in custody and how soon he intends to release them or put them on trial.
asked the Secretary of State for the Home Department whether it is now proposed to withdraw Regulation 18B.
Replies to both these Questions are contained in the statement I made yesterday.
General Election
Service Voters (Postal Ballot Papers)
asked the Secretary of State for the Home Department how many men and women serving overseas he estimates will be unable personally to vote if there is an Election in June.
A person on the Service Register who is in a postal voting area and desires to vote by post at the General Election has to make application to the electoral registration officer, giving the address to which a postal ballot paper is to be sent, and in accordance with Section 25 (7) of the Representation of the People Act, 1945, the application must be received by the registration officer four clear days before the day fixed for nomination. The application forms for this purpose have been distributed, and while it is reasonable to suppose that a substantial number of completed applications will be received by electoral registration officers during May, some further time may elapse before they are received from members of the Armed Forces in distant theatres of operation like India and Burma.
It is impossible to estimate how many persons will wish to avail themselves of postal voting facilities, or how many completed applications will be received within the statutory time allowed before nomination day. I understand from Service Departments, whose responsibility it is, that every effort possible is being made to ensure that there is no delay in transmission by air mail of completed applications to electoral registration officers.
The right hon. Gentleman has not actually answered the Question which I asked—how many members of the Forces are abroad at the moment who will be unable to vote in June because of their absence?
The answer, I have indicated, is that I do not know.
Does not the right hon. Gentleman think it unfair that those who have fought to win the war should be absent from this country when its great future is being decided?
The movement of troops is not within the jurisdiction of the Home Secretary. I have done all I can to see that maximum facilities for voting are given, but I say on this subject, as I have said on other occasions, that it is only fair I should make it clear that the May register will, in many respects, be imperfect.
In view of the growing interest in the Forces in all theatres of war in the forthcoming Election, is the right hon. Gentleman satisfied that the arrangement he indicated during the proceedings on the Representation of the People Bill for the posting of the various election addresses of the candidates, is proceeding smoothly?
I think so, but the actual responsibility for transmission will be with the Service Departments. We are doing everything we possibly can at the end for which I am responsible for the electoral registration officers to be ready. Their problem is shortage of staff, which makes it very difficult for them.
Does this not indicate that the House is not in favour of a rushed Election?
Is my right hon. Friend aware that delay and further imperfections in the Register may arise from changes of Service address, which are fairly frequent, since the onus of notifying the registration officer of any change of address is on the soldier, and many soldiers do not realise it?
That may be so. The movements of troops, which are inevitable, are bound to create difficulties. There is the alternative method, of voting by proxy, although the Government take the view that where we can have direct voting it is preferable.
Is it the case that the onus is on the soldier?
Yes.
Date (Announcement Procedure)
asked the Prime Minister whether he will give an assurance that the time between the initiation of a General Election and polling day will be sufficient to allow candidates to place their views adequately before the electors, bearing in mind the present difficulty in securing rapid printing and the incidence of other continuing war-time controls and restrictions.
My right hon. Friend the Lord President of the Council informed the House on 17th January that His Majesty had, on my submission, intimated that, should he be pleased at any time to dissolve the present Parliament, it would be desirable for an announcement to be made of the actual date of the Dissolution in advance of the Royal Proclamation. The constitutional period between Dissolution of Parliament and polling day is 17 days. However, His Majesty had authorised me to say that, in the exceptional circumstances which might be expected, he was willing that an announcement of the date of the Dissolution should be made three weeks in advance of the formal Proclamation. An announcement of the date of the General Election will therefore be made at least three weeks, plus the normal contitutional 17 days, before polling day. I have nothing to add to that statement at the present time.
May I ask the Prime Minister whether the Government have already made up their minds as to when we are to have the Dissolution?
No, Sir, they have not yet made up their minds.
Northern Ireland (Censorship and Travel Restrictions)
asked the Secretary of State for the Home Department whether he has any statement to make about censorship and travel restrictions between Great Britain and Northern Ireland.
This matter is receiving urgent consideration, but, as my hon. Friend knows, the question of communications with Northern Ireland cannot be considered in isolation from that of communications with the rest of Ireland. I hope to make an announcement of the Government's decision at an early date, and I trust that the people of Northern Ireland, who have borne with exemplary patience and public spirit the restrictions on travel which it has been necessary to impose, will put up with them for just a little longer.
Education
Direct Grants
asked the Minister of Education his policy with regard to appli- cations from maintained secondary schools to be placed on the direct grant list.
I would invite my hon. Friend's attention to the reply which I gave to my hon. Friend the Member for Tamworth (Sir J. Mellor) on this subject on 12th April. The question whether a special case is established for recognising a school which has previously received its grant from the local education authority as a direct grant grammar school can only be settled on the merits of the particular case. In general, however, the principal considerations to which my right hon. Friend will have regard in determining such cases will be similar to those recommended in paragraph 177 of the Report of the Fleming Committee.
Schools, Gloucestershire (Water Supplies and Sewerage)
asked the Minister of Education how many schools in the County of Gloucester have no water supply and how many no sewerage system; and the total number of children attending these schools.
The latest information at my disposal shows 97 schools, with approximately 4,400 children on roll, which are without a piped water supply or well of their own, and 192 schools, with approximately 12,100 children on roll, which are not linked to a sewer. The local education authority are reviewing the position at all schools in the light of the Ministry's building regulations.
In view of those figures, will my right hon. Friend make further representations to the local education authority, particularly in view of the fact that under the Bill this local education authority has been given extended powers?
The local education authority is under an obligation, imposed on it by the Bill, to present to the Minister a development plan, showing, among other things, the steps that it proposes to take to deal with these matters, and it has to submit that plan by 31st March next. My hon. Friend, who is a member of the county council concerned, will, I hope, assist the local education authority to take the most enlightened view of its responsibilities.
Is not the real difficulty one that is not mentioned in the Question or in the answer, the fact that water supplies are not under the local education authorities but under other local authorities, and that some of the villages are without a water supply of any sort?
As my Noble Friend knows, there is now going through the House a Bill dealing with water supplies, and we hope to get some assistance in dealing with this state of affairs from its application in various parts of the country.
In view of the fact that there is water, although not a water supply, what steps are taken to analyse the water, to see that it is wholesome and fit for children to drink?
The education authority take steps from time to time to see that that is so, and so, I hope, do the sanitation authority, although they are not under my Ministry.
Will the right hon. Gentleman co-operate with the Ministry of Health to put an end to this state of affairs in Gloucestershire?
We are acting with the Ministry of Health, and we hope that legislation that they are now putting through the House will very considerably help us. They have been doing as much as they can in this direction.
Training Colleges (Fees)
asked the Minister of Education how many education authorities are insisting on the payment of a premium of £5 being paid on behalf of a young person entering the teaching profession prior to entering a training college.
My hon. Friend may have in mind a fairly common practice of training colleges to require a deposit from students who accept a place in the college. This is credited against the fees for the first year, and may in some cases be forfeited if the student, without satisfactory explanation, fails to enter the college.
The answer is quite wrong. The Buckinghamshire County Council require parents to pay £5, if they can afford it, for any child entering the teaching profession, long before going to a training college. Will the right hon. Gentleman take steps to stop that imposition?
Now that the hon. Member has indicated the local authority that he has in mind, I will see that the practice is investigated, and any necessary steps taken.
Public Health
Married Women Medical Officers (Leave)
asked the Minister of Health if he is aware that under the conditions governing appointments in the E.M.S., a married woman doctor cannot claim leave with pay on account of childbirth, whereas she is entitled to leave with pay on account of illness or accident; and whether he will take steps to remedy this injustice.
Yes, Sir. Married women enrolled as medical officers in the Emergency Medical Service are subject to the leave conditions applicable to all married women employed in the Civil Service in a temporary capacity. There would be no grounds for making a special exception in favour of E.M.S. officers.
Is the right hon. and learned Gentleman satisfied that it is in the national interest that expectant mothers should be penalised in this way?
I think my answer will have shown the hon. Lady that this is a general matter, on which I could not, departmentally, make one particular exception.
Will my right hon. and learned Friend now consult with the Parliamentary Secretary to the Board of Education and see what the Surrey County Council have done on the same issue? I believe that they have made a vast improvement.
Is not this an example of the perennial tendency among women always to have their cake, and to eat it at the same time?
Village Water Supplies, Norfolk
asked the Minister of Health how many villages in the Norfolk, South-Western. Parliamentary divi- sion, have not at present got a piped water supply; and for how many of these have post-war schemes been prepared and approved.
Sixty, Sir. No post-war schemes for these villages have yet been submitted to me for approval, but I understand that the rural district councils concerned are reviewing the needs of their districts with a view to the submission of proposals.
Does my right hon. and learned Friend not agree that it is very serious that in one constituency there should be 60 villages without a piped water supply? Should not priority go to rural districts rather than to local urban councils; and will the Minister do everything he can to see that these local authorities get all the assistance they need?
My hon. Friend will recollect that the first Bill that I introduced was on this subject. Both the county council and the rural district councils concerned are, I think, working hard on it.
Housing
Local Authorities (Requisitioning Powers)
asked the Minister of Health whether he will authorise local authorities to adopt the same procedure in requisitioning houses for the inadequately housed as they have hitherto for the bombed-out.
I am considering whether the existing powers should be amended.
Does not the Minister agree that the badly-housed family of the disabled ex-Service man should receive the same treatment as the inadequately-housed family of the civilian who has been blitzed?
There were, of course, rather different considerations during the bombing, but, as I have told the hon. Lady, I am at the moment considering this question.
Does the right hon. and learned Gentleman not think it a public mischief that so many habitable houses should remain vacant so long, while so many people are in want of a house of any kind?
Rent Control (Committee's Report)
asked the Minister of Health if he is aware that Servicemen are disturbed about their future housing accommodation; and when will he be able to give the Government's decision on the Report of the Committee on Rent Control.
Yes, Sir, the Report is under consideration.
Is the Minister aware that I have had several letters from Servicemen abroad about this matter, and that they are very disturbed about it? Cannot he be more direct, and give the men some hope?
I could not be aware of the hon. Gentleman's correspondence, but I am fully aware of the fact. If he has read the Report, as I have no doubt he has, he will know that it is very far-reaching and covers a large number of points. The matter is already under consideration, and I hope that the decision will be announced very shortly.
Will the right hon. and learned Gentleman consider introducing the necessary legislation very soon? Does he understand that the House would expedite a Bill of this kind, and that such a Bill would be a great encouragement to returning ex-Servicemen?
I am grateful to my right, hon. Friend for his observations.
Building Programmes
asked the Minister of Health if he is aware that a sub-committee of the Warrington Housing Committee recommended in September, 1942, the building of 2,000 houses; that the proposals were submitted to the Government; that the committee has been continuously pressing for permission at least to purchase the land; what success has since attended their efforts; and the area, situation, purchase price and previous rateable value of any land acquired.
I am aware that a long-term programme for the building of 2,000 houses has been under consideration by the Warrington Council. The Council have submitted to me proposals for 500 houses for their first year programme, and I have confirmed a compulsory purchase order for 129 acres. The price of this land has not yet been settled. It is agricultural land and therefore de-rated. A proposal to acquire a further 71 acres is at present under consideration.
Questions
Defence and Evacuated Areas (Loans)
asked the Minister of Health how many applications have been received up to the end of April for the £150 Defence and Evacuated Areas loan; how many of these have been granted; and how many refused.
Up to the end of April, 40 councils applied for my authority to make loans under Defence Regulation 68D, and 28 of them have been authorised to make these loans. Complete returns for the month of April showing the number and amount of loans advanced by them are not yet available.
In view of the fact that £150 is quite inadequate and that the onus for repayment rests upon the local authorities, will the right hon. and learned Gentleman give authority to the local authorities to increase that amount in cases where they think it is desirable?
No, Sir. If my recollection is correct, that would be outside the Regulations.
Town and Country Planning (Historic Buildings)
asked the Minister of Town and Country Planning what progress he has made with the compilation of lists of buildings of special architectural or historic interest, in compliance with Section 42 of the Town and Country Planning Act, 1944.
My right hon. Friend is considering the appointment of an Advisory Committee, which is, in his opinion, the necessary first step in giving effect to the provisions of the Section referred to.
Can my hon. Friend explain why only now, six months after we passed the Act, he is appointing a Committee to consider how it may be put into force?
The subject has been receiving consideration, but it must be remembered that it is not the only pressing question in the Department.
In view of the fact that only £10 worth of work can be done on a house, is there any urgency for it?
Old Age Pensioners (Increased Coal Prices)
asked the Chancellor of the Exchequer if he proposes to increase the old age pension to take into account the increased cost of living which can be anticipated from the rise in coal prices.
I can hold out no prospect of the introduction of legislation on the subject of old age pensions in advance of the general National Insurance Scheme.
When the Government decided to agree, under the Coal Charges Order, to a further increase in the price of domestic coal, did they take into their calculations the further imposition on the old age pensioners, and how is it proposed to remove that imposition?
I can assure my hon. Friend that the Government took all relevant considerations into account. I would add that it is a fact that supplementary pensions take account of the cost of living. I would further add, in the interests of a just perspective in these matters, that on the basis of normal ration of 4 cwt. of coal a month, the cost per household corresponding to the recent increase is of the order of 2d. per week.
Is it not very cold comfort for these poor old people that, when they are fortunate enough to order coal, they so often receive a stone?
Is the right hon. Gentleman aware of the statement made that the cost of living has gone up by 30 per cent., while the old age pension has not advanced at all since the beginning of the war; and does he not think it is time to increase the basic rate?
The hon. Member is really leaving out of account what is very relevant—the provision for supplementary pensions.
Will the right hon. Gentleman take into account those old age pensioners who are entitled to more than 4 cwt. of coal per month, if that is the only form of fuel they are able to get?
That may be so, but the extra cost does still remain very small.
Is the right hon. Gentleman aware that the margins which these people had to live on by this increase were terribly small, and that even the slightest increase brings them even further towards the starvation level, and, in view of the terrible distress among these people, even with supplementation in its narrow sense, will he not consider at least re-examining the problem with a view to an increase?
I cannot add to the answer I have already given.
May I put this point to the Chancellor of the Exchequer, seeing that we are being generous and that the workers got two days' holiday with pay all over the country? Here are the old age pensioners, who have got nothing. Will it be too much to ask the right hon. Gentleman—and the Prime Minister will back me up—to give the old age pensioners a week's pension—10s. a head?
The hon. Member must know that a Question on that point was on the Order Paper a day or two ago.
I know that, but the right hon. Gentleman turned it down. That was why I put it again.
Condemned Fish
asked Minister of Agriculture whether he will state the weight of fish which has had to be condemned as unfit for human consumption during the past month at ports in England and Scotland; to what extent the loss is due to shortage of labour; and what action he proposes to take to prevent this waste of valuable foodstuffs in future.
According to my information, the quantity of fish condemned at British ports during the month of April was approximately 14,750 cwt. Shortage of labour may have been a contributory factor at times of abnormally heavy arrivals, but cannot be considered to have been a primary cause of the quantities condemned. The Departments concerned have for some time been jointly en- deavouring to bring about an improvement in the quality of the fish landed, particularly from distant areas.
If labour was not the main cause, what was the main cause of the wastage?
It was mainly deterioration of the fish, which was brought in carriers from distant parts.
What was the cause of the deterioration?
Servicemen's Welfare (Charitable Appeals)
asked the Prime Minister whether his attention has been called to the large scale appeals to the public by various charitable bodies for funds for Servicemen's welfare; and whether he will cause an investigation to be made into the possibility of co-ordinating these organisations so as to avoid overlapping, duplication of appeals and bring a measure of public control over voluntary institutions now controlling millions of pounds of publicly subscribed money.
Yes, Sir. Charitable organisations which are registered under the War Charities Act, 1940, enjoy the rights conferred by that Act and are not subject to official interference in the manner in which they exercise them. It is the earnest desire of the three Service Departments that there should be voluntary co-ordination of the activities of all charitable organisations which have as their object the care of the ex-Serviceman and his dependants, and I understand that certain of the largest organisations are now engaged upon plans to this end.
Although I welcome the reply of the Prime Minister, in so far as it indicated that the Service Departments desire this co-ordination, does my right hon. Friend not know that there is an important duty incumbent upon Parliament, representing the public who supply most of these funds, to see that these large charities asking for large sums of money from the public are compelled to co-ordinate their activities and economise in their expenses?
No. They might retire from their labours altogether.
German Surrender (Uniforms)
asked the Prime Minister why the German delegates who signed the unconditional surrender of the German Armies in Italy were permitted to sign in civilian clothes; and if, in future, all surrenders of the German army or navy will be signed by men wearing the uniform of their rank so as to ensure that the German people are shown the significance of the surrender of the German armed forces.
The German officers who signed the surrender of the 22 German Divisions and 6 Italian Fascist Divisions in Italy had to travel through Switzerland, and therefore had to be dressed as civilians. The second part of the Question is obsolete as all Germans in Europe have already surrendered.
Is it not of the highest importance that no loophole should be given for the pernicious propaganda which began in November, 1918, namely, that the German army was unbeaten and was stabbed in the back by the civil population?
I do not think it is possible to shape every action of our lives in every emergency that may arise by the fear that villainous propaganda of any kind may be launched against us.
In view of the urgent necessity of teaching the German people to respect a civil réegime, would it not be very desirable to insist on these gentlemen surrendering in bowler hats?
Does not the right hon. Gentleman consider the transfer of the major part of the German population from uniformed activity to civilian work in civilian clothing one of the major objectives of the war?
It might be one of the indirect results, but it certainly was not presented to the public here as the major objective.
I am wondering whether my right hon. Friend can help me in this matter. What is going to happen to all these discarded German uniforms?
I believe that a certain amount of adaptation can make a pair of trousers act in either a civil or military capacity; it is certainly true of greatcoats.
If my right hon. Friend's advice had been taken in 1918, would not Germany have been occupied, so that the Germans would have known and felt and seen that they had been beaten in the field?
I think they are quite aware of it. Germany was not occupied in 1918, but it is now entirely overrun by the troops of the Allies. As to the future régime, that is a matter on which a statement will have to be made later, but the spectacles which are witnessed in Germany of the frightful destruction of all the towns and cities and so on, should be in themselves considerable arguments to the German people in favour of the fact that they have suffered some military reverses.
Re-Allocation of Man-Power (Compulsory Service)
asked the Prime Minister if he is aware that conscription ended in Canada on 7th May, 1945; that only volunteers will be enrolled for the war in the Pacific; and whether he has any statement to make as to the suspension of conscription in this country.
I would refer my hon. Friend to the White Paper (Cmd. 6548) on the Re-Allocation of Man-Power between the Armed Forces and civilian employment during the interim period between the European "Cease Fire" and the defeat of Japan. It will be necessary to continue the compulsory recruitment of men for the Forces as an essential part of the re-allocation of manpower during the interim period, in order to bring relief to the men who have served for long periods and enable more of them to return to their homes.
Does it not remain an anomaly that conscription has not been imposed at all in Northern Ireland—a part of the British Empire—and that Canada has done away with conscription recently? May we take it that when the appropriate time arrives, the British Government will not lag behind other parts of the Empire in abolishing conscription?
We have settled this matter with due consideration of all our difficulties and dangers, which are by no means entirely at an end. Also we have to consider the very important point of young men going out to relieve their fathers and elder brothers in the duty of garrisoning Germany, and in regard to the war with Japan. It is absolutely necessary—perhaps for some years it may ibe—to be sending out men to relieve men who have borne the heat and burden of the day.
Does not the right hon. Gentleman realise that the Northern Ireland Government desired to have conscription and that it was the British Government who opposed it?
I find nothing about Northern Ireland in the original Question.
Is the House to gather from the Prime Minister's reply that conscription will only be necessary, and will only be enforced, for the purpose of relieving the present conscripted Forces overseas?
No.
The future is inscrutable.
Would the Prime Minister not agree that it is morally right that the defence of the country should be shared equally by everyone?
That is my personal and political conviction.
Agriculture
Milch Cows (Gifts to Holland)
asked the Minister of Agriculture whether he has considered the proposal for milch cows to be sent as a gift from farmers in this country to Holland; and whether his Ministry will assist the carrying out of this plan.
I have not received any intimation from the Dutch authorities that milch cows from this country are required for Holland, and apart from limited numbers of breeding animals, this country is unlikely to have stock available for liberated countries. If a request is received from the Dutch authorities I will consider whether we can assist and whether there is any place for a gift arrangement.
Has my right hon. Friend already received a letter from a Kentish dairy farmer offering to give two milch cows for this purpose?
Yes, Sir.
Long-term Policy
asked the Minister of Agriculture whether, when formulating his long-term policy for agriculture, he will favourably consider the making of grants, either in money or in kind, to enable agricultural workers and ex-Servicemen with agricultural experience to settle on small holdings.
I can assure my hon. Friend that all relevant considerations will be borne in mind.
Is it to be understood from the Minister's reply that there is a prospect—however far-off, contingent, speculative and remote—of the Minister of Agriculture having a post-war policy for agriculture?
Smallholdings
asked the Minister of Agriculture whether he is aware that the Holland County Council has a list of some 600 applicants for smallholdings; and what advice and assistance he proposes to give the county council to assist them to meet this demand.
I have recently discussed the subject of post-war smallholdings policy with the County Councils' Association and have invited them to collect from all county councils information including particulars as to the number of applications that they have received from suitable applicants. Until this information has been received and considered I am not in a position to give advice and special assistance to an individual county council.
Am I to understand from my right hon. Friend's reply that he is consulting the county council as such individually, or that he is consulting the local government organisation, because the views of a certain minority might not be those of the governing body?
As I have asked the County Councils' Association to collect information from all their constituent bodies, I presume that enables the constituent body to make any observation it wishes.
Crops (Frost Damage)
asked the Minister of Agriculture if he is yet in a position to make an estimate of the effect of the recent frost on crops, including fruit and vegetables.
No, Sir; it is too early to make a reliable assessment of the damage. Enquiries are in progress and I hope to have a full report in about a fortnight's time.
Liberated Europe (Food Export Permits)
asked the Minister of Food if in view of the altered situation in Europe, he proposes to extend the system of permits for the export of food for the benefit of the population of liberated Europe.
No, Sir.
Does my right hon. and gallant Friend realise how widespread is the desire to help in this way the needs of Europe? Could he not reconsider this?
It was very fully explained to the House by the Lord President, why the Government decided that it was better to send the food from Government to Governments, rather than have individuals doing it, and we have done that to a very great degree. It secures that the food is properly distributed in the countries to which it goes.
Questions
Defence Works Removal (German Labour)
asked the Secretary of State for War whether, in view of the fact that our labour force will be required for productive reconstructional work, arrangements have been made for German labour, prisoners of war or otherwise, to undertake such unproductive work as the removal of coastal anti-tank and anti-invasion obstacles, gun emplacements, road blocks, etc., the full cost of which should not fall on the ratepayer or any other section of this nation.
German prisoners of war are at present being used in this country on tasks of national importance, and they will continue to be so used. My hon. and gallant Friend will, however, appreciate that the scope of their employment is limited by the special arrangements which must be made for housing, feeding and guarding them. The precise nature of the tasks upon which they can be most suitably and economically employed is under active consideration.
Is the hon. and learned Gentleman aware that a well known firm of public contractors have already been invited to tender for this particular work, and that, as it is unproductive, it is essentially suitable for German nationals?
That point is included in the active consideration to which I referred.
Will my hon. and learned Friend take care to see that the employment of German prisoners of war will do nothing to depress the standard of life of our own workpeople?
General Mihailovic
asked the Secretary of State for Foreign Affairs what is the attitude of the United Nations to the Serbian leader, General Mihailovic, especially in view of the policy of disarming and interning his 30,000 well-armed and displined Forces who have hitherto been fighting on the Allied side.
The information in the possession of His Majesty's Government does not indicate that the Forces under the command of General Mihailovic have recently been fighting on the Allied side. Nor does the General appear to have responded to the appeal for national unity and the setting aside of all political internal issues, which, as I informed the House on 20th June last, King Peter had made to the Yugoslav nation. In these circumstances, the attitude of His Majesty's Government to General Mihailovic, as defined by me in my statement of 20th June last, has in no way changed. With the approval of His Majesty's Government the Supreme Allied Commander in the Mediterranean has, therefore, issued instructions that any anti-Tito Yugoslav Forces which surrender to, or are captured by the 8th Army should be disarmed and interned.
Are we to assume that it is quite definite that this man, Mihailovic, was definitely both anti-United Nations and anti-Tito?
I do not think I should add to the statement made by my right hon. Friend the Prime Minister on 24th May last year.
Business of the House
May I ask the Prime Minister if he will state the Business for next week?
Yes, Sir, the Business for next week will be as follows: On Tuesday, 15th May, I will move a Motion for an Address to His Majesty on the occasion of the victory in Europe. The Address will be presented to His Majesty by the whole House. We are ascertaining what is His Majesty's pleasure in respect of the actual date, but it may well be on Thursday. I will, however, make a further statement upon this as soon as I am duly informed. Afterwards we shall take the Committee stage of the Income Tax Bill.
Wednesday, 16th May: Supply (5th Allotted Day); Committee. A Debate will take place on the Resettlement of Service Personnel and War Workers.
On Thursday, 17th May, further progress will be made with the Family Allowances Bill, the Committee and remaining stages of the Welsh Church (Burial Grounds) Bill, and we shall take the Second Reading of the Agriculture (Artificial Insemination) Bill and the Committee stage of the necessary Money Resolution.
On Friday, 18th May, the House will adjourn for the Whitsun Recess until Tuesday, 29th May.
Next week we shall ask the House to approve the Motion relating to the Purchase Tax (Exemptions) (No. 1) (Utility Metal Bedsteads) Order.
In connection with the Committee stage of the Income Tax Bill, will my right hon. Friend be good enough to represent to the Chancellor of the Exchequer that it would be convenient to the House if he put down his promised Amendments to Clause 8 at the earliest possible moment, so that we may have an opportunity of studying them before the Debate takes place?
I have, in fulfilment of my hon. and gallant Friend's wish, already consulted my right hon. Friend the Chancellor, who informs me that that has already been done.
In view of the long time that has elapsed since the Yalta Agreement, could a statement on the present position be made now or at the earliest moment, and an opportunity provided for a Debate on foreign affairs? Might I remind my right hon. Friend that, as long ago as 21st March, the Minister of State said in the House that a statement would be made at the earliest possible moment?
I fully accept what my hon. Friend says about the desirability of a statement on foreign affairs, and a Debate in this House. The difficulties which were noticed before the end of the German war are in no way relieved, and it therefore becomes a matter on which care and judgment must be used as to when and how the matter should be treated in the House. I am hoping that by next week my right hon. Friend the Foreign Secretary will be back, and I shall have the advantage then of talking over with him the whole matter and the various subjects which have had to be discussed. He has, no doubt, been fully informed of the views of the United States, and has had the advantage of discussions with M. Molotov. I would not like at this moment to promise a Debate, but I can assure the House that I recognise as strongly as any Member the need for one.
Can my right hon. Friend say whether there is any prospect of a Debate in the near future on the arrangements for the working of the Inter-Allied Control Commission in Germany?
It is only 48 hours since armed resistance ceased. The measures to deal with the future of Germany as it gradually passes from military control into semi-military control, and to civilian control, have long been considered and prepared, but have not been brought into immediate operation. There is a great deal of movement of human beings, millions of human beings, both civilian and military, to and fro, and in order that they may be fed and that utter chaos may not supervene, the military authorities must be left for a little while in full control. When an announcement is made about the personnel of the Commission and the taking up of their place in Berlin, which is to be shared between the four victorious Powers, it certainly would be proper to debate the matter here. But we must endeavour to fit it in with the many other topics in which hon. and right hon. Gentlemen are interested.
Petrol Rationing System (Relaxation)
I have a short statement to make to the House—not of a disagreeable character as some of my remarks have had to be. The petroleum supply position remains difficult, owing to the huge requirements of the Pacific war and the prospect that military needs in Europe will continue at a high level for some months to come. That is on account of the great masses of people who have to be moved and fed, and one thing and another. I am glad, however, to be able to inform the House of an easement in the drastic petrol rationing system to which we have hitherto subjected ourselves. Bus services and retail deliveries will be improved to the fullest extent that available labour will allow, and an increased allowance will be given to cars and motor-cycles used for professional or business purposes, and to taxi-cabs and private hire cars. A modest basic ration, substantially the same as in the United States, and freely at the disposal of private owners of cars and motor cycles, will be introduced within 30 days from now. Further details will be given in a broadcast announcement to be made tonight. This relaxation will impose a heavy strain upon the staffs of regional petroleum offices, post offices and local taxation offices, and I hope the public will bear this in mind.
Will this include a basic ration for cabin cruisers and motor boats on the Thames and the Medway?
Yes, Sir, both motor boats and lawn mowers come within the ambit of this modest indulgence.
As the restoration of the basic ration does mean giving pleasure to civilians who have private cars, will the right hon. Gentleman take into account the pleasure that is desired by the men who have liberated Germany and made this ration possible? Will he take into account the fact that these men would like to have a chance of sightseeing in Germany, and provide them with excusions and sight-seeing trips on their off-days?
While I am pleased to hear of any relaxation of any kind, will the Prime Minister be careful to watch the other aspect of this matter which will arise from an increased number of cars coming on the roads? Will he consult with the Home Secretary for the purpose of seeing that this increased ration does not have a bad effect in increasing accidents? Will he take some steps in that direction?
I had not intended this morning to trench upon the main issue of principle raised by my hon. Friend, namely, the total abolition of all motor transport.
In view of the fact that, at present, tyres are obtainable only by people with essential petrol permits, will the position which has now accrued enable private motorists to obtain tyres on basic rations?
I was dealing with petrol, and not with rubber.
Could the Prime Minister say what is the basic ration in America?
I am afraid that to answer that question I should require to plunge in more detail into this topic than I have found it possible to do in the last two days.
Is the Prime Minister satisfied there is sufficient labour available to overhaul all private cars that will be put on the roads, many of which have been laid up for a good number of years?
It is perfectly clear that if the cars cannot go, they will not be consuming petrol.
Selection (Standing Committees)
Colonel Sir CHARLES MACANDREW reported from the Committee of Selection, That they had discharged the following Members from Standing Committee A (added in respect of the Law Reform (Contributory Negligence) Bill [ Lords ]): The Attorney-General, Mr. Clement Davies, Squadron-Leader Donner, Lieut.-Colonel Gibbons, Sir Granville Gibson, Mr. Goldie, Mr. Guy, Sir Patrick Hannon, Mr. Moelwyn Hughes, Mr. Kendall, Lieut.-Colonel Marlowe, Mr. Palmer, Mr. Pearson, Mr. Peat, Dr. Peters, Captain Prescott, Mr. Silverman, Mr. Sloan, The Solicitor-General and Mr. Sutcliffe.
Colonel Sir CHARLES MACANDREW further reported from the Committee; That they had discharged the following Members from Standing Committee B: Mr. Douglas, Major Mills, Mr. Godfrey Nicholson, Mr. Purbrick, Sir Malcolm Robertson, Mr. Stokes, Captain Strickland and Mr. Tinker; and had appointed in substitution Lieut.-Colonel Sir Gilbert Acland-Troyte, Major Beech, Lieut.-Commander Braithwaite, Lieut.-Colonel Sir Arthur Heneage, Mr. McKinlay, Major John Morrison, Mr. Price and Mr. Quibell.
Colonel Sir CHARLES MACANDREW further reported from the Committee; That they had added the following Twenty Members to Standing Committee B (in respect of the Law Reform (Contributory Negligence) Bill [ Lords ]): The Attorney-General, Mr. Clement Davies, Squadron-Leader Donner, Lieut.-Colonel Gibbons, Sir Granville Gibson, Mr. Goldie, Mr. Guy, Sir Patrick Hannon, Mr. Moelwyn Hughes, Mr. Kendall, Lieut.-Colonel Marlowe, Mr. Palmer, Mr. Pearson, Mr. Peat, Dr. Peters, Captain Prescott, Mr. Silverman, Mr. Sloan, the Solicitor-General and Mr. Sutcliffe.
Colonel Sir CHARLES MACANDREW further reported from the Committee; That they had added the following Twenty Members to Standing Committee B (in respect of the Forestry Bill): Mr. Hubert Beaumont, Mr. Allan Chapman, Major Conant, Colonel Sir George Courthope, Mr. Eccles, Mr. Edgar Granville, Mr. Grenfell, Mr. Hudson, Mr. Thomas Johnston, Mr. Lindsay, Major McCallum, Mr. Palmer, Dr. Peters, Colonel Ropner, Mr. Donald Scott, Mr. Snadden, Mr. Storey, Sir Dymoke White, Mr. Tom Williams and Mr. Woodburn.
Messages from the Lords
That they request that the Commons will be pleased to return to them the Commercial Gas Bill and the South Suburban Gas Bill, the same having been taken to the Commons by mistake: Message considered: Bills to be returned to The Lords:—Orders [ 8th May ] that the Bills be referred to the Examiners of Petitions for Private Bills, read and discharged.
That they have agreed to—
Commercial Gas Bill,
South Suburban Gas Bill, without Amendment.
Bill Presented
Supplies and Services (Transitional Powers) Bill
"To provide for the application of certain Defence Regulations for purposes connected with the maintenance control and regulation of supplies and services besides the purposes for which Defence Regulations may be made under the Emergency Powers (Defence) Acts, 1939, and 1940, and for the continuation of Defence Regulations so applied during a limited period notwithstanding the expiry of the said Acts; to make provision for securing more effective Parliamentary control over Defence Regulations and orders and other instruments made there-under; to provide for applying during a limited period certain powers of the Minister of Supply for purposes similar to those for which Defence Regulations may be applied and otherwise for amending those powers; and for purposes connected with the matters aforesaid," presented by Mr. Herbert Morrison: supported by Mr. Lyttelton, Sir Andrew Duncan, The Attorney-General and Miss Wilkinson; to be read a Second time upon Tuesday next, and to be printed. [Bill 51.]
Business of the House
Proceedings on Government Business and on any Motion relative to or made on consideration of the Special Report from the Select Committee on Statutory Rules and Orders, etc., exempted, at this day's Sitting, from the provisions of the Standing Order (Sittings of the House).—[ The Prime Minister. ]
Orders of the Day
National Loans Bill
Considered in Committee; reported, without Amendment; to be read the Third time To-morrow.
Family Allowances [Money]
Resolution reported:
"That, for the purposes of any Act of the present Session to provide for the payment of family allowances, it is expedient to authorise the payment out of moneys provided by Parliament of—
Resolution agreed to.
Family Allowances Bill
Considered in Committee.
[Major MILNER in the Chair]
CLAUSE 1.—(Direction for payment, and amount, of allowances.)
3.26 p.m.
I beg to move, in page 1, line 8, after "children," insert:
"and for the benefit of the family as a whole."
In this Bill, which has met with such general approval, there is one matter which has aroused considerable controversy, and that is as to whom the payment should be made in respect of these children. At a subsequent stage no doubt a Debate will arise as to whom the payment should be made, but it appears to my hon. Friends and to me that the question as to whom the payment is to be made is really a minor matter provided that we establish the principle that the purpose of this payment is to be for the benefit of the child, or rather, in the words of the White Paper, for the benefit of the family as a whole. The White Paper which defines what was in the mind of the Government when the Bill was drafted says, in paragraph 50:
"The scheme here set out is not intended to provide full maintenance for each child. It is rather a general contribution to the needs of the families with children."
It is, therefore, with the intention of defining more precisely the purpose of this payment, that it should be paid for the benefit of the family as a whole, that I have moved this Amendment.
I am glad to start well with the Committee by being able to accept this Amendment. I think it is important we should realise that the unit with which we are dealing is the family. It is not the children as opposed to the parents, and still less is it one child as against another child. The payment is not made in respect of any particular child, and if it were, I should most certainly be bringing not peace, but a sword. If, for instance, in the case of a family with two children, the idea were to be prevalent that only the second child was to benefit from the allowance, so that when times were bad, while the second child could have sausage for its tea, the elder brother or sister had to be content with dry bread, I should not encourage friendly relations between the first child and the second. Equally, it is not merely for the benefit of the children as opposed to the parents. It may frequently happen that it is desirable to expend this money in renting a rather larger house where there is more accommodation for the family as a whole, and the intention throughout this Bill is that these payments are to be made for the benefit of the family as a whole. I am glad, therefore, to accept this Amendment, which at a very early stage of the Bill sets out plainly the underlying purpose of our scheme.
3.30 p.m.
I am not very happy about my right hon. and learned Friend's interpretation of this Amendment. I assumed that the money was to go to the general benefit of the children as a whole, but his emphasis upon the word "family" gives a twist to what I understand has always been the purpose of those who advocated family allowances, namely, that the allowances should go to the benefit of the children. The allowance was to ease the burdens of parents who had children, so that they could look after the clothing and the feeding of them and the provision of the necessary accommodation. I think that in inserting the words in the Amendment it ought to be clearly understood that this allowance is given for the children as such, and I was a little disturbed about the wider interpretation put on it by my right hon. and learned Friend.
I should like to support what the right hon. Baronet has just said. I and my friends had put down Amendments in the sense of his remarks. We must recognise that it is difficult to draw a precise distinction where there are so many considerations of great complexity, but I wish that my right hon. and learned Friend had found it possible to be rather more specific and definite than he has been. We can appreciate the particular case which he mentioned, in which the money might help towards renting a better house, but I and a good many Members would like to be quite sure that the additional money provided under this Measure will be balanced by additional benefits for the children and that none of it shall be diverted into any other channel. I hope my right hon. and learned Friend can make it clear, without indulging in unreasonable precision, that that is really the case.
I cannot assent to the proposition that we can segregate, put on one side, the interests of the children and on the other side the interests of the parents. The family is the unit on which we have got to build. I gave as a simple illustration the hiring of a better house. It is quite impossible to say that that is merely for the benefit of the children; it is for the benefit of the family. I am certain that we shall make a great mistake if we try to do anything to split up the family or try to take away from the parents the responsibility for seeing how the money is spent; but of course I agree with the hon. Member for Walsall (Sir G. Schuster) and with the right hon. Baronet that the underlying purpose is to help parents to look after their children properly.
I do not think it matters in the least degree whether the words of the Amendment are included or not, for in many respects I think that to include them is just non-sense.
I agree with my right hon. and learned Friend that the family is the unit of society in this country and must be treated as such. While there is some substance in what my hon. Friend the Member for Walsall (Sir G. Schuster) and the right hon. Baronet said in criticising the precise interpretation to attach to this part of the Bill, I feel that we ought to support the unity and continuity of family life in this country, and I am very glad that my right hon. and learned Friend has accepted this Amendment.
The statement made by the right hon. and learned Gentleman appears to me to be directed mainly to a subsequent Amendment, because if the Committee are of the opinion that his statement is correct it seems to cut away all the arguments which were put forward in favour of this payment being made to the wife instead of to the husband.
How could it be possible to allocate any money to a second child or a third child? It must be allocated to the family. The family must benefit from any money which is received from the State.
Amendment agreed to.
Clause, as amended, ordered to stand part of the Bill.
CLAUSE 2.—(Meaning of "child.")
I beg to move, in page 1, line 15, leave out from "period," to "whilst," in line 17.
The purpose of this Amendment is to try to bring the allowances paid under this Bill into line with the Income Tax rebates which are made in the case of the children of wealthier parents who are attending school at a later age and will possibly go on to the universities. It seems to me to be quite inconsistent that a child who belongs to poor parents who are not paying Income Tax should be treated differently from a child who is not entirely dependent upon the benefits of this Bill.
I think it would be for the convenience of the Committee that we should discuss at the same time the next Amendment standing in the name of the hon. Member for East Wolverhampton (Sir G. Mander)—In page 1, line 17, leave out "sixteen," and insert "eighteen."
I am afraid that I cannot follow in the footsteps of my right hon. and learned Friend on this Amendment and I shall have to ask the Committee to resist it. This Amendment and the next one would result in a child being eligible for the allowances right up, possibly, to the age of 24 or 25 in the case of the first Amendment and in the case of the second Amendment up to the age of 18. As my right hon. and learned Friend has pointed out, this Bill is designed to help people with comparatively young families, and we have done a little better than the Beveridge Report in making the "ceiling" the 31st July following the 16th birthday of the child. As a matter of fact I believe that only a relatively few children continue on to the universities after the age of 16, and it boils down to this, that looking after children, from the point of view of their education and their sustenance, divides itself into two parts. Up to the age of 16 this Bill steps in and helps them. After the age of 16 it is a matter for the local education authority to assist a pupil by way of a maintenance allowance on the basis of ascertained need. That is incorporated in Section 81 of the Education Act, 1944. I think these few remarks should convince the Committee that they should not accept this Amendment.
I am disappointed with the answer which has been given by the Parliamentary Secretary. The Clause provides for the child:
during any period before the first day of August next following the day on which he or she attains the age of sixteen years whilst he or she is undergoing full-time instruction in a school, or is an apprentice.
That means that children up to 16 are to get this allowance provided they are attending school or are apprenticed to a trade. A child may have left school at the age of 14½ and gone to work and then become an invalid for 12 months. While the child is an invalid there is no allowance.
The position is that the allowance is payable during any period of a child's life in which he is within the compulsory school age. The fact that a child is ill and unable to go to school does not alter the fact that this allowance is payable. The allowance is not conditional upon his attending school, it is conditional upon his being within the compulsory school age.
The compulsory school age is to be raised to 16, but I take it that these children's allowances will be paid before the school age is raised to 16. I can see that in the case of children who have gone to work at 15 and are not earning anything until the age of 16 is reached the parents will receive no allowance for them. I should like the Minister to look into this point again and make provision for such cases under the Bill. I am also not very sure about the advisability of the limitation in regard to apprenticeship. Nowadays many children who go into employment are not apprenticed. They may be receiving a less wage than those who have become apprentices, and yet the parents of those who are receiving a less wage than the apprentices are not to be given the children's allowance. I do not think it is right to make such a differentiation. The parents of children who are not apprenticed should receive the same allowance as the parents of apprentices. I do not know whether the idea is to encourage the system of apprenticeship; it may be so, and if it is I suggest that we shall have to promote legislation to secure the rights of children with regard to the apprenticeship system in a much better way than is done at the present time. But I make my plea to the Minister more especially with regard to the child who has gone to work and then falls ill and is at home out of work, the parents not having had any intention of keeping the child at school. I want to make it plain that the parents will be entitled to the allowance for the child while he is at home owing to illness.
3.45 p.m.
The hon. Gentleman said that at the age of 16 a child came under the local education authority and could get a maintenance grant. Am I not right in saying that under the Act the child is under the education authority for grant from 14 to 16? As long as the school-leaving age is 14, the child will be eligible for a grant from the education authority. Why is an arbitrary distinction made at the age of 16? A child is eligible for a maintenance grant at any time below the compulsory school-leaving age.
I hope the Minister will reconsider his attitude. I am sure that in practice it will have the effect of discouraging parents from keeping their children at school, or as apprentices, beyond 16 if they are told that family allowances automatically cease at that time and that they have to go to the local education authority, which may or may not make a grant towards the maintenance of the child. The uncertainty will have the effect that many children who ought to continue at school after 16, will not do so. I hope it is the policy of the Minister to encourage them to continue. As it is clear that a child above the age of 16 ought to be given some help towards maintenance, I do not see why it should not fall on the national fund through this Bill rather than that it should be left to the local authority under the Education Acts. I am sure this is a short-sighted policy and, as we are told that the number of children involved is comparatively few, and in view of the wider interests involved, I hope the Minister will reconsider the matter and accept liability after the child is 16.
I support the reconstruction of the Clause. As a matter of fact it does not fit in with educational work at all. Relatively large numbers in the secondary schools have taken their school certificate at the age of 16 and they then go on to take the higher school certificate at 18. The provision of the Bill is that family allowances may be granted up to July beyond attaining the age of 16, when the boy or girl will have qualified for the first examination, yet those who go on to take the higher school certificate will cease to have a family allowance during the period when it is most wanted. It cuts right across the educational provision. Secondary schools are very proud of their sixth form. That is the form that normally takes the higher school examination. The right hon. Gentleman will find that a large number of schools will be very disappointed unless he covers the span of the school life, and the span of the school life in the secondary sphere is not the age of 16 but is really up to the age of 18. We must cover the span not merely of the school certificate but of the higher school certificate.
I think the Government are approaching this question from the wrong point of view. I should have thought their desire would be to encourage our young people to remain at school as long as possible, to enable parents to budget ahead as long as possible and to avoid duplication of sources of monetary assistance coming to the family. The rejection of the Amendment seems to offend against all three of these objects. Psychologically I agree with the hon. Member for Cheltenham (Mr. Lipson) that it is likely to discourage the keeping of children at school, and uncertainty would arise because education authorities would indicate ahead that a grant is only likely to be made in accordance with circumstances arising at the time of application. Thirdly, it might only be desirable to continue this for a matter of months to cover the period between one authority running out of charge and a new application being made to the local education authority, and payment being approved and made by them. I invite the Government to re-examine the matter and see whether we cannot do something a little more logical.
I hope very much that the Government will agree to reconsider their position. We do not want to see a system under which entirely different attitudes might be taken by different local education authorities in respect of grants to children who continue beyond the school-leaving age. If we could be certain that every local education authority would adopt the standard of the very best, the position taken up by those who have spoken for the Government could be maintained. But we know that local authorities differ. Some are very much less willing to give maintenance grants on an adequate scale than others. If we had the age of 18 fixed as the age at which the grant would be continued, provided that the boy or girl was continuing education, or was apprenticed, we should know that there was one uniform system throughout the whole country, and there would be no differentiation between one area and another. There would be equal justice and great simplicity, which are both very desirable. There would be certainty on the part of the parent that, if the child remained at school, the allowance would continue. There would not be the uncertainty that there must be while there is a period during which a request has to be made to the local education authority and a delay, perhaps of months, before a decision is come to. That is very unsettling and in many cases the fact of the necessity of an application would mean that the child would have to leave school. As regards apprentices, if the principle of the Amendment were adopted there would be a uniform system throughout the country, otherwise there would be great variety as regards grants by local education authorities to encourage and help children to enter into apprenticeship. We can best encourage education by having a uniform system over the whole country.
I hope the Minister will be able to revise his opinion and will agree to insert 18 instead of 16. I think the hon. Member for Holland with Boston (Mr. Butcher) hit the nail on the head when he said that the Government ought to be interested in children staying at school as long as possible. It will cost very little money, we understand. As one who is very interested in the study of the birth rate, I have it at the back of my mind that, if these things are made easy for the family, we shall get more children.
I should like to join with Members in all parts of the Committee who have urged the Minister to reconsider the matter. Several Members have made out the case that for those in secondary schools 18 and not 16 is the crucial year. I think this cuts across what the Government have said is the policy behind this. The Bill is to assist parents with their families and we assume that the ordinary wage of a workman is enough to maintain a family with one child. Therefore we begin with the second. The eldest child is in a secondary school and reaches the age of 16, and therefore goes outside the provisions of the Bill. Look at the position of a parent who makes an effort to keep his child at the secondary school beyond 16. Sixteen does not mean anything at all. Seventeen or eighteen is the crucial age, when the child sits for the higher school certificate. When the eldest child reaches 16 the parents have to make up their minds to keep the child at school for another two years; otherwise he or she leaves at 16 with no certificate of any kind. It is in the interests not only of the child but of the parents that it should be kept at school for the extra two years because, when the eldest child reaches 16 and goes outside the Bill, they lose the allowance for one of the other children too. In a sense it is a double penalty. There is a very strong case for extending the age to 18 and I hope the Government will reconsider it before the Report stage. The arguments for it are conclusive and they have not been answered.
I think there is general agreement as to the purpose of the Amendment and I am prepared to support it, but there is a real danger that, if this 5s. is allowed, education authorities will try to get out of their responsibilities.
The same argument would apply to those between 14 and 16 because maintenance grants can only be paid to those staying on over the school-leaving age.
4.0 p.m.
I am not sure that it does. Five shillings is quite inadequate to clothe and feed properly a child staying at school from 16 to 18. I know from many years' experience that it will be necessary to give help in order to enable boys and girls to stay at school up to 18. The new attitude of the education authorities may be that if a boy of 18 gets the family allowance, he is being provided for by the State, and that there is no necessity for the local authority to give that assistance. In some areas the local authorities are always thinking of the rates, and they will be anxious to avoid their responsibilities because of this small allowance being given to young men and women, as boys and girls like to feel they are when they reach 17. Such authorities might be encouraged to take the attitude that there is no necessity to consider bursaries because these young people came within the scope of family allowances. I am sorry that the Minister of Education is not here because he is intimately concerned with this problem. The whole Committee desires that there should be a change of attitude so that it shall be made easy for children to complete their education, and so that lack of means shall not be allowed to prevent children from staying in secondary schools up to 18. That was the general spirit underlying the new Education Act. The paying of fees in working-class homes makes it difficult to feed and clothe youths of 16 to 18, and the temptation will be to risk sending them out to work instead of keeping them at school. Nevertheless, I want to enter a caveat, that there is the danger to which I have referred.
The Government's rejection of the Amendment seems to cut away the underlying principle of the Bill. The purpose of family allowances is to provide an adequate income per head of the whole family. That is why the allowance starts as soon as the child is born, and the only logical place to stop paying the allowance is when the child starts earning. If it is stopped earlier it is inevitable that there will be cases in which a child of 16, who is receiving education, will not be earning, and the income per head will fall below the minimum required for a proper standard of living. The Amendment would put that matter right, because the allowance would be paid until the child completed its education and was earning. It may be alleged that that is going too wide and will mean the payment of the allowance to apprentices up to 24. If the Government think the Amendment is too wide, they should accept the sense of what has been said in the Committee, and at a later stage produce an Amendment on a more limited scale. As the Bill stands, there will be that gap when the income per head will fall below the amount required for a reasonable standard of living.
We must think of the time when the parents of a child will be considering whether to allow him to continue to take advantage of the educational opportunities, now being more freely offered. At that juncture, if the Bill is carried as it is presented, the fact that the allowance will cease will determine many parents not to allow the child to continue his education. Some of us on these benches adopt a consistent attitude to this matter. When we were discussing workmen's compensation and the payment for children, we took the stand that where a child was having an extension of education, there should be a continuance of the payment under workmen's compensation, but we did not succeed. We still take up that attitude. I am ready to agree that the more well-to-do sections of the community may derive more of the advantage if we accept the Amendment, but that does not move me. I come from working-class stock, and it is because I do not want any of our people to be debarred by economic reasons from having the advantage of the further educational opportunities which are now offered, that I accept the Amendment.
Even if I am like one crying in the wilderness, may I raise a voice against the Amendment? I do not think hon. Members have altogether grasped the results that would spread from their intentions in this matter. We are almost getting to the stage of advocating an educational grant. We are discussing family allowances, but the discussion has gone much wider than anything that was originally intended. The right hon. Gentleman the Member for South-West Bethnal Green (Sir P. Harris) wants the Clause extended so that persons of 17, who like to consider themselves as adults, should come into it. I would point out, however, that the Clause we are considering is a definition Clause, and it is difficult to include in a Clause which deals with the meaning of the word "child," a person who considers himself an adult. The whole situation seems to be getting out of hand and going too far. Even if that be not so, I believe that the Amendment would not achieve the results desired by hon. Members who have advocated it. Clause 2, Sub-section (1) has two subdivisions, paragraphs ( a ) and ( b ), and the governing division is paragraph ( a ) which says:
"during any period whilst he or she is under the upper limit of compulsory school age; and,"
Therefore, anything that is introduced after paragraph ( a ) must be governed by the upper limit of the compulsory school age. I hope the Government will not extend this limit; otherwise, the only thing will be to move a new Clause, advocating an extension of family allowances, so that they and the old age pension will almost meet.
The hon. and gallant Member has made a somewhat curious contribution to the discussion. I find it difficult to understand how the 5s. allowance can be regarded in the nature of an educational grant when it is to be used for feeding, clothing and housing the child. I want to emphasise what has been said and to remind the Minister that the age of 16 is probably the most critical age of anybody's life, because at that age a child's whole future may be determined. The parents will say, "Shall we give this child a chance, or shall we put him in a job?" Many Members opposite will say that the question of 5s. will not weigh in the balance, but it will. It may determine whether many boys and girls will have their chance in life. I, therefore, ask the Minister to reconsider the matter.
I really must press my right hon. and learned Friend to reconsider this matter, which has received almost universal support. I return to what I have said on many previous occasions when advocating family allowances. It is not generally understood that, today, the only people who do not get some sort of family allowance are those who are not earning enough to get a rebate on Income Tax for children and who are in work. If they are out of work they get family allowances, but those unfortunate people who are not earning enough to make themselves eligible for rebates, do not get any form of family allowance. The whole object of this Bill is to put that situation right. It will, however, continue this anomaly, because a man getting the full rebate on Income Tax receives about 10s. a week for the first child, and receives it as long as the child remains in an educational establishment. If, however, he is so unfortunate as not to have sufficient income to get any rebate for his children, or if he gets only a partial allowance, he is now to be robbed of even this 5s. a week. It is an absurd situation which the Minister must take into account.
I would not have butted into the discussion but for the speech which came from the hon. and gallant Member for Chichester (Lieut.-Commander Joynson-Hicks). He warned us that we were in grave danger of telescoping the school-leaving age with the arrival of the old age pension. I am not very good at mathematics, but the old age pension age is 60, and the age under this Bill is 16. We are arguing whether it should be 18, and between 18 and 60 there is a substantial gap. Therefore, I do not think we need start by being worried that we shall telescope the school-leaving age and the arrival of the old age pension. We may dismiss that morbid fear from our minds. What we are arguing about is a possible 16 to 18 period, and, under the first Amendment, a possible 16 to 24 period. The maximum period is to 24, which is a university school-leaving age and the age of expiry of even a seven-year apprenticeship. The shorter period is 16 to 18. It is on that point that I want to concentrate.
4.15 p.m.
There are two tests that we can apply. One is, is the money necessary to support the child? I would have thought, since the child by definition will either be continuing at school or will be an apprentice, the obvious answer is that the child does need the money. The other test is the educational one—whether it is desirable, with the background of the Education Act behind us, to draw the line of State assistance at 16 as against 18 from an educational point of view. It might have been different 35 years ago, but we are not having this Debate 35 years ago, and at the current date there is no question that the age of 16 is very vital from the point of view of education. True, if we extend it to the age of 24 some people might get the benefit of this wretchedly inadequate 5s., but the amount of anxiety we display about whether this wretched 5s. will find its way into the wrong pocket seems to be wholly disproportionate. There is probably not one of us here who will not spend 5s. in the smoke room before the day is out—[An HON. MEMBER: "Speak for yourself"]—unless I am fortunate enough to be offered treatment by hon. Members opposite. Let us suppose that if we extend this allowance to 18 or 24, some of these 5s. allowances go into the wrong pockets. We had this argument years ago about those who were not genuinely seeking work. Surely it is better that some allowances should go into the pockets of people who do not need them than that allowances should be withheld from the pockets of a much greater number who do need them. That is the first and last word on that subject. I am much more concerned to see that anybody who does wish to continue education beyond the age of 16 should get this inadequate amount which the Bill proposes.
I am glad that the Committee has shown such a great interest in continued education. I believe there has been an appalling waste of the real assets of this country in years gone by through people leaving school just at the formative time of their lives. Therefore, I looked anxiously to see what the effect would be from the educational standpoint. I have had discussions on this matter with my right hon. Friend the Minister of Education, and I earnestly beg the Committee not to regard me, as the Minister in charge of this Bill, as though I were an auxiliary or adjutant to the Minister of Education. Let us put the duty of education and continued education fairly and squarely on his shoulders. It would be a profound mistake if we attempted to pray in aid educational considerations on the Family Allowances Bill.
The Parliamentary Secretary introduced it himself.
Very well, but I must continue with what I wish to submit to the Committee. At the present moment you can get allowances at any age of a child's life. There are bursaries or scholarships when the child arrives at the school-leaving age, and those bursaries or scholarships will be far more beneficial than the allowances that I would be able to give under this Bill. They are larger, they are not subject to tax and generally speaking they are more suitable for a child from the educational point of view. I would ask the Committee not to confuse those two things. There is ample power to make those grants under Section 81 of the Education Act which we passed recently, and under that Act the Minister of Education had ample power to ensure that the backward educational authorities get on with their job and to bring them into line with each other.
My submission to the Committee is that we are right in saying that the age should be the school-leaving age, or what is called 16 plus—the 31st July following the 16th birthday—where the child is at school or is an apprentice. If education is required beyond that age let us look to the education authorities to deal with that. I agree with the right hon. Baronet who spoke from the other side that we might easily fall between two stools. The education authorities might say, "We need not bestir ourselves because this child is being take care of under the family allowances scheme," and that would be disastrous. The educational responsibility should be put fairly and squarely on the education authorities, because it is of tremendous importance to the country that these people should carry on their education and they should not do it by allowances under this Bill which are neither adequate nor designed for the task.
Does the Minister realise that this Bill already does that? Clause 2 ( b ) expressly provides for the granting of the allowance on educational grounds beyond the age of 16. If you are going to disregard educational considerations altogether there is no justification—
I did not say disregard them altogether. Parents who have children at a secondary school as a rule undertake to keep them at school until that age. This is a matter for the education authorities and not for me under the Family Allowances Bill. Therefore, I hope the Committee will not press me further on this point. If I may say so, I feel this is probably the first of a series of Family Allowances Bills, and if we follow the course adopted in other countries such as New Zealand, Australia, etc., there will be a very large number of them. In those countries they have succeeded one another very rapidly. I would say to the Committee, do not overload this first effort and do not confuse this Bill with a scheme for the advancement of education.
I would like to ask the Minister a question. At the moment there are in this country thousands of children between the ages of 14 and 16 receiving maintenance grants. That is a crucial period. What is the Minister's defence that that will not diminish the responsibility of the education authorities for children between the ages of 14 and 16? I have no guarantee, and I have been on scores of deputations to the Chancellor of the Exchequer on this very point.
I hope the school-leaving age will very shortly become 16.
We know it will not. It is humbug. It cannot be raised to 16. There are not the teachers in the country. Let us be realists. For five years to come, at any rate, there will be in this country thousands of children between the ages of 14 and 16 receiving a maintenance grant from local education authorities. Will they be prejudiced by the giving of this grant of 5s.?
My right hon. and learned Friend has pleaded with the Committee not to mix up educational responsibilities with the Family Allowances Bill. But has he not already confused educational responsibilities with the Family Allowances Bill? Is not the reduction of the 8s. in the Beveridge Report based on the fact that free school meals will be provided for the children? How can he come to the House and plead one way on one day and another way on another day?
I do not see what education and meals have to do with this question.
My argument is this. Between the ages of 16 and 18, facilities should be provided by the education authorities for the children. My right hon. and learned Friend says we must not mix up educational responsibility with the Family Allowances Bill, but when we say that the original allowance ought to be 8s. and not 5s. he says, "We do not need to pay the 8s. because the education authorities will provide free school meals." At the same time he knows perfectly well that it will be years before all the education authorities will be in a position to provide these meals. He cannot have the answer both ways. I want to know whether he will reconsider the position and give us 8s. instead of 5s.
I think we would be better able to understand the Bill if the Minister would explain it to us more fully. When he asked us not to confuse educational matters with this Bill on a Clause where he himself has introduced an educational definition, he is not adding to the clarity of our discussions. When he says that this is nothing to do with him and he wishes the Minister of Education to shoulder the responsibility, I would like to know where is the Minister of Educa- tion or the Parliamentary Secretary. The fact is, as my hon. Friend has said, we know the school-leaving age will not be raised for some time to come. It is humbug and hypocrisy to say it will be. We will have in the Scottish Education Bill a date which we know will have to be repealed. There was an occasion when the House forced a date upon the Minister of Education in the English Bill. It had to be torn up almost as soon as the Bill became law because it was impracticable. The House knows that, and the Committee is rather uneasy about an argument founded on what it knows to be untrue.
I remember when I was responsible for a whole series of grants, the billeting grants, when we moved the school population into the country. Of course, that was in the reactionary days of the Chamberlain Government. Now we are in the progressive age of the Coalition Government. But this Bill does not take us so far as we went in those days when we had a largely Conservative Government. We were giving allowances in respect of ages far beyond those which we are considering now. The Minister should tell us when he thinks the school-leaving age will go up, and what reason he has to suppose that it will cause that interference which he has just told the Committee he fears. If he can answer those points he might reasonably ask the Committee to hold its hand, but to say merely that this is the first of many Bills and that others will come afterwards is to shuffle responsibility, which he has already shuffled on to the Minister of Education, further to the consideration of subsequent Parliaments. That is not the way to deal with legislation which we are trying to hammer out now.
4.30 p.m.
I would like to put a point to the Minister in this rather serious Debate. According to these two paragraphs, the second is governed by the first. No benefit will be paid to any child above the school-leaving age, which at the moment is 14. Therefore, any alteration we may make to the second paragraph will be inoperative until the leaving age is raised. Instead of the grant being made to children up to the age of 16, this Bill is going to make it up to the age of 14, and if the school-leaving age is raised to 15, then it will extend to 15; only when, and if, the school-leaving age is raised to 16 will this become a maintenance grant up to the age of 16. Would it not be better to make it 16?
I can quite understand why the Minister of Education is not here. This is completely indefensible from an educational point of view. The allowance is related not only to the school-leaving age, but to an age beyond that when parents can and may keep their children in the secondary school. If a child remains in school until the age of 16 and the month of July beyond that, then the allowance can be granted.
Therefore, why cannot it be applied to the normal educational career of the ordinary child? I profoundly disagree with the educational attitude expressed by the right hon. and learned Gentleman. Bursaries and scholarships are allocated and restricted, in the main, to the particularly bright minority of children. We want something for the ordinary normal child. We do not want any singling out; we have had too much of it. We have had too much of educational forcing. I do not want the situation to be such that a local authority can say that they will give bursaries or scholarships to the few. The ordinary normal child in the secondary school should be able to get the full span of the secondary school life. That span runs not to 16 years of age but much nearer 18. I would have some sympathy with the right hon. and learned Gentleman if I was assured that the local authorities were treated as favourably as he suggested. This is a national responsibility and I am not prepared, in the interests of the children or the local authorities, to throw that responsibility away. Anybody who knows anything about the secondary school system knows that over a period of years the normal span has gone more and more beyond the age of 18 years. I hope, therefore, that the Minister will reconsider this matter. I can understand why his colleagues from the Ministry of Education are not here, because I am certain that on an educational basis these provisions could not be justified.
I would like in a very few words to add my appeal to the Minister of National Insurance to reconsider this matter. I did not put my name to the Amendment, and I have not spoken before because I have a past in this matter. In my Report on Social Insurance and Allied Services I suggested the age of 16. I did not want to take a prominent part in departing from that. But the Government have already improved on my Report by saying "16 plus." I have always regarded everything in the Report as a minimum capable of improvement. I suggest that the Government might also now be willing to let the House of Commons improve upon the Government. The simple fact is that the child is an expense when it is not working. I agree with my hon. Friend who said that bursaries are only for clever children or for children whom the teachers or education authorities think clever. We want parents who think better of their children than perhaps the education authorities do and are ready to make the sacrifice and enable them to continue their education to be encouraged to do so. I hope that the right hon. and learned Gentleman the Minister of National Insurance will undertake to reconsider this matter, so that we shall not be put into the difficulty of having to vote against the Government. We are, in considering this great Measure, at a point on which nearly the whole Committee appear to be agreed in desiring an amendment.
I am one of those who support wholeheartedly the intention behind the Amendment. There is no possible doubt about that, but, at the same time, I am very much afraid that the Amendment, as it stands, would do a great deal of harm to those beyond the age of 16. Obviously, what the hon. Member for Berwick-upon-Tweed (Sir W. Beveridge) has just said is true. So long as a child is not earning it is an expense on the parents, but I think it is time we started to put some limit on the definition of "child." It is true what the hon. Member for Rugby (Mr. W. J. Brown) said but, at the same time, we shall be doing harm to those between the ages of 16, 18 or 24 if we think in terms of 5s. allowances. As the Minister says, we must be clear in our minds as to the responsibility as between education and family allowances. The maintenance has to be carried out while the child has to be educated. I want to recognise that—and that is why I do not know whether to support the Amendment if it comes to a Division—a child above the age of 16 will become entitled very shortly to something a great deal better than 5s. We shall without realising it be putting a limit on the potential claims of children above 16. When you consider the question of apprenticeship and industrial training and all that kind of future education, the case becomes even more acute. We should approach the Amendment with the greatest possible caution. Therefore, while I cannot approve all the arguments put forward by the Minister in resisting the Amendment, I doubt whether we would be wise in pressing it to a Division, because we might be doing the greatest harm to the child.
I would like to add my appeal to the Minister to reconsider this question and not to put the Committee into the very difficult position of voting against the Government. It may be that the Amendment goes too far, but the Amendment in the name of the hon. Member for East Wolverhampton (Sir G. Mander) is in a much more moderate form. I do not ask that the right hon. and learned Gentleman should definitely accept any Amendment which is before the Committee this afternoon, but only promise to reconsider this matter, to look at it again and to consult with his colleagues. It may be we have not been told the precise financial result of this, and that the right hon. and learned Gentleman may consider that he cannot go all this way without having full consultation with the Chancellor of the Exchequer and others. If that is the position, I think the Committee would willingly recognise it. If he will meet us by saying that he is prepared to give the matter further consideration, I am sure we shall be satisfied. If he says definitely that he will not reconsider it, I am afraid that some of us will have to support the proposition put forward by the hon. Member for East Wolverhampton, and I would be very sorry to see the Committee divide at this early stage on this very important Bill.
I would like also to press on the Minister of National Insurance that he should do something in this matter. I think he will agree with the critics that the Clause, as it is drawn, requires some modification. It is very difficult to understand the meaning of the words "a person shall be treated for the purposes of this Act as a child." Does paragraph ( a ) or paragraph ( b ) cover it?
If you repeat the words "shall be treated" it becomes quite plain. It says:
"a person shall be treated for the purposes of this Act as a child … during any period whilst he or she is under the upper limit of the compulsory school age."
That is 14 to-day. I do not think there is any doubt at all, and I think that my right hon. and learned Friend the Attorney-General is with me in that.
The Minister and the Attorney-General agree on this, but it is also plain that in the Committee many Members have been in a state of confusion as to whether paragraph ( b ) is not covered by paragraph ( a ). The Minister himself suggested that if the words "a person shall be treated" are read before coming to the second paragraph ( b ), that would make it plain. The very fact that he has to say that shows that there is obscurity. It is of the utmost importance that the matter should be made clear. He should agree to accept the request of the Commitee to reconsider the wording, so that the purpose of the words are made more clear than they are at present. I previously mentioned the case of children and asked what their position would be, but the Minister did not reply generally to that point.
4.45 p.m.
I do not raise this matter without a reason. My experience of the Unemployment Insurance Acts, in which such a provision occurs, has been that the administration held that the words in question did not make provision for children between 14 and 16 when the parents were granted benefit for children in educational establishments and the children were unable to go to school. I think another hon. Member made a similar complaint with regard to children who were sick and were ruled out of benefit on those grounds. I want to make sure that sick children will not be ruled out under this Measure, and I hope that the Minister will see that it is made plain beyond a shadow of doubt. There is a general feeling in the Committee that the Government should give this matter further consideration. It would be very unfortunate if we were forced into a Division on it at the present time.
In my school days I had a good deal of experience with regard to bursaries and grants of that sort. I feel we should do more to encourage parents to keep their children at school. Whether or not a child gets a bursary will depend to a large extent upon the child's attainments and upon the competition between the children, but the Government might consider putting in an alternative, either a grant between those ages, or a bursary from the education authority. I am confident that there is a need for further consideration of the matter. We all want to increase the number of children at secondary schools, and I hope the Minister will be able to meet us.
It would have been a far cleaner job to have made 16 years the age at which a child should qualify for the allowances, and not to have confused the Bill with education. I entirely subscribe to the general principles to which the Minister has given utterance, but I cannot understand the confusion in the minds of some hon. Members. We are trying to get a definition of "child." The Government have muddled it by relating it to education and the Government are responsible. If I can get 5s. for every child under 16 whether working or not I shall be glad. Once we depart from the age and attach another category in which money can be attracted, we start confusion. The proposed payment is not related to need, and every argument based on that assumption is irrelevant to the Bill. The proposed payment is related to the child up to a certain age, whoever the child may be and whether it is or is not in need. It is irrelevant to argue that a child attending school after 14 is more in need than one who has started work. My experience was, after starting work at 13 years of age, that I was more in need than before, and that was so for a long time afterwards.
The assumption is that because the child of 14 is working it brings more money into the house than it takes out, but it often happens that it takes more out than it otherwise would do. I shall vote for the 18, because the Minister, having attached education to the 14–16, must bear the consequences up to 18. I would not go so far as the hon. Member for Camlachie (Mr. Stephen) and vote for the university, because that does not appear to be necessary. If the Minister has introduced into the Bill an educational qualification which makes it less straightforward that is no reason why the confusion should be made more confounded by attaching a university up to the age of 18 to it. If the Minister has introduced a bit of bad logic into the Bill that is no reason why it should be muddled throughout.
I would make a compromise with the Minister. Let him take this matter back, and give us the age of 16 for every child, and let the educational institutions look after individual children needing assistance. It is absolutely correct to say that this is an educational job and it ought not to be imported into this legislation. Most of the children with whom I am concerned stop their education at 14. I am advised that it will take some considerable time before the school-leaving age is raised to 15, and an indefinite period before it is raised to 16. The child is so regarded up to 16. In the Education Act we have fixed 16 as the school-leaving age because we believe that up to that age they are children for the purpose of compulsory education. The only reason why we are not doing it in practice is because we have not the machinery to enable children to go to school up to 16. I would rather take a clean 16 as the age and take out of the Bill every other qualification which confuses it.
I hope the Committee will return to the argument as it was before the hon. Member who has just spoken intervened. It seems to me neither bad logic nor bad sense to treat a child who is earning a wage as less entitled to an allowance than a child who is still at school. I hope the Minister will promise a reconsideration of the matter.
If earnings are to be the principle upon which payments should be made why give 5s. both for the children of a man who may be earning £20 a week, and for the children of a man who may be on unemployment benefit?
I am anxious not to get out of a difficulty by seeming to make promises which convey more than I mean. I am willing to have the language of the Bill looked at by the experts to see whether it carries out what I believe it carries out, and I will either be reinforced by that examination or I will see that some Amendment is made. I must confess that I do not feel any doubt about the matter myself at present, but I will ask about it, and see whether there is any doubt. Secondly, I am prepared to consult again, as I have already consulted before, with the Chancellor of the Exchequer, who is very closely concerned in this matter of course, and with the Minister of Education, and to report to them the nature of the Debate. Further than that I cannot go, and I do not think hon. Members would expect me to do so. I cannot resile from the position which I have taken up that we should not go on with these allowances to the age, it may be, of 24, or even to the age of 18. I do not know whether the right hon. Member for Kelvingrove (Lieut.-Colonel Elliot) heard the supporting speeches. It was proposed to base those allowances upon an educational grant. I countered that by saying that in Section 81 of the Education Act, 1944, there is a provision for allowances to be made, in accordance with a graduated income scale,
"for the purpose of enabling pupils to take advantage without hardship to themselves or to their parents of any educational facilities open to them."
It seemed to me that that was the correct procedure to deal with later education. As I have said, I will see whether the language is correct, and I will report to the Minister of Education and to the Chancellor of the Exchequer what has been said. I am not making any promise, either express or implied, to lead the Committee to suppose that I shall make an alteration.
Will the Minister include in his discussions with the Minister of Education the point of view of some of us that if educational qualifications are to be imported more into the Bill, we shall consider putting down an Amendment by which children between the ages of 14 and 16 who are attending evening classes should be brought in, on the ground that they will require assistance to buy books?
5.0 p.m.
Will the right hon. and learned Gentleman undertake to consult with the Minister of Health, because that Ministry has had considerable experience in paying supplementary allowances of one kind and another? I think that if the right hon. and learned Gentleman would also undertake to consult the Minister of Health, he would find that course helpful.
I will certainly do that.
The Minister says he is going to look into it. He read the Clause as saying that a person shall be treated for the purposes of the Act as a child, and in order to make clear the meaning he repeated the phrase before paragraph ( b ) of Clause 2. Would he look into the question of whether a court might not read the Clause as saying that a person shall be treated for the purposes of this Act as a child if he or she fulfils the conditions ( a ) and ( b ) in which case ( a ) would govern ( b )?
Would the right hon. and learned Gentleman answer the question I have put twice about asking the Minister of Education to reconsider the question of having these allowances for children between 14 and 16?
In view of the statement made by the Minister I am prepared to withdraw this Amendment. I hope that when he reports again to the House he will answer the question that I have put twice this afternoon, and which I repeat for the third time: How do the Government justify stopping the payment of benefits to children when they reach the age of 16, whether they remain at school or not, and at the same time grant allowances under the Finance Act, in the form of Income Tax rebates after that age, on the very basis that they remain at school? I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Group-Captain Wright.
The Amendment standing in my name and the names of other hon. Members—In page 1, line 18, after "school," insert "or other educational estalblishments,"—has really been dealt with in the discussion we have just concluded. Its purpose was merely to enlarge the scope of the Bill, so that if the other Amendment had been passed, and children were continuing at school or other educational establishments, such as a university, they would still be eligible under this Bill. In view of the discussion I do not see very much point in moving the Amendment.
Clause ordered to stand part of the Bill.
CLAUSE 3.—(Meaning of "Family.")
Motion made, and Question proposed, "That the Clause stand part of the Bill."
Will a married man, living with his wife and having one child in respect of which there is no allowance payable, be able to claim the 5s. allowance in respect of another child, which is illegitimate, and is living with its mother, or is perhaps boarded out with some other person, if the father is paying expenses? It is not quite clear.
It depends on the facts of a particular case. If a man has a child and his wife has a child they do constitute one family. The words of the Clause are:
"a man and his wife living together, any child or children being issue of theirs, his or hers."
In that case one has the position that they would be one family. I do not know whether that is the precise case my hon. and gallant Friend has in mind. One would require full and precise details of any particular case in order to answer the question.
I had in mind a case where there is one child of the marriage, but where there is another child which is illegitimate, and I am asking whether the father would be entitled to the allowance in respect of the second child, which is illegitimate.
Yes, generally.
Question put, and agreed to.
Clause ordered to stand part of the Bill.
CLAUSE 4.—(Persons to whom allowances are to be paid.)
The next Amendment which is to be called is that in the name of the hon. and gallant Member for Erdington (Group-Captain Wright): In page 2, line 37, leave out "man," and insert "wife." It will probably be better, on this Amendment, to discuss the whole question as between man and wife. There is an Amendment which appears on the Order Paper before the one which I shall call. It is in the name of the hon. Member for The Wrekin (Mr. Colegate): In page 2, line 37, leave out "the man," and insert:
"whichever of the two is jointly nominated by them on the form provided for the purpose as the person to whom payment shall be made and in the event of disagreement to the wife."
That, obviously, is an alternative to "man" or "wife." It should be discussed with the Amendment I am calling, and it could be divided upon if "man" was not accepted and "wife" was not accepted. I suggest it would be for the convenience of the Committee to have a general discussion on the Amendment I have stated that I shall call.
On a point of Order. Is it your intention, Mr. Williams, to call the Amendment standing in the name of the hon. Member for The High Peak (Mr. Molson): In page 2, line 35, leave out "belong" and insert "be payable"? That Amendment is consequential upon the Amendment which the Minister has accepted to Clause 1, and not to allow this second Amendment to be made is to make nonsense of Clause 4. We are making the allowance for the benefit of the family as a whole, and to say that it belongs to one member does not make sense.
That is an opinion which has certainly been considered by the Chair. There are two opinions as to whether what the hon. Gentleman has stated is correct or not. My information is that that would not be the case.
That is the position—
Would the right hon. and learned Gentleman allow me? I do, with great deference, suggest that a decision by the Chair as to whether a matter should be debated by the Committee is not one for the Government themselves to decide. My hon. Friend has put to you, Mr. Williams, the point on which we should like to submit our case before we get on to this difficult question of whether payment is to be made to the husband or wife. It is very important to consider what is the appropriate word. We believe that if the word "payable" is used we can go some way towards meeting the difficulty.
I rose because I thought, Mr. Williams, you rather invited me to do so. On that point of Order, I suggest that the fact that the money is to be expended for the benefit of the family as a whole does not in the least preclude the money from belonging to somebody. Take the case of a trustee. A trustee is the owner of the property. He sues for it, or deals with it in a particular way. At the same time, he must expend it for a particular set of objects. The position here is not a strict trusteeship, but I submit, on the point of Order, that it is perfectly sensible and logical to say that it shall belong to the wife, or the man, or whoever it may be, and to say that it is for the benefit of the family as a whole.
So far as I was concerned there was no question of my being dictated to by the Government, but on a technical legal point such as this I think the Chair is not wrong, during the raising of a point of Order, in having a reply from a technical point of view. Having heard that point, I now say that I must return to the position which has been decided, namely, that the Amendment in the name of the hon. and gallant Member for Erdington (Group Captain Wright) has been selected.
May I seek your guidance, Mr. Williams? I understand you are calling the hon. and gallant Member for Erdington (Group Captain Wright) to move his Amendment. I am not quite certain whether we are to wait, before discussing the previous Amendment in my name, to which you have referred, until a decision has been taken on the Amendment of the hon. and gallant Member for Erdington, or whether I can join in the discussion.
The hon. Member may join in the discussion. I think the point is clear. There are three possibilities. The Committee may decide on the man, or the wife, or on the alternative, as in the case of the hon. Gentleman's Amendment.
I beg to move, in page 2, line 37, leave out "man," and insert "wife."
I and my hon. Friends feel very strongly about this particular matter. It was discussed at very great length during the Second Reading Debate, and a very large number of speakers largely confined themselves to this particular point. Only one speaker, strangely enough a woman, raised her voice against this fundamental principle, which is how we regard it. I do not think it is fitting to enter into any discussion as to whether the father or mother is the better parent. I do not think it enters very largely into our viewpoint. We do, however, feel that this is an opportunity, however small, for the Government officially to recognise the status of motherhood, and formally to regularise that happy state of equality in the management of the home which should exist in a really happy life. We feel it is rather strange that the Government should have been so impressed by the views put forward in this House, when we had a Debate on population, as to have agreed to set up a Royal Commission to study this important and rather terrifying problem, and that they should have then straightway introduced a Bill containing a Clause which, if anything, tends rather to lower the status of the wife, and make her seem to be merely a sort of appendage of the husband.
We feel it is more than likely that when the Royal Commission produces its Report it will make suggestions for the encouragement and the general upgrading of the status of motherhood. We feel that once this Bill becomes an Act, with the payment belonging to the father, it will be an exceedingly difficult matter, at a later stage, to make an alteration and then hand it to the mother. Obviously fathers would resent this as a sort of suggestion that they were not handling the money properly. Quite apart from that, the administrative difficulties would be colossal, because the names would have to be changed on the cards, or whatever method was used for the payment of these allowances to a vast number of families. We feel it is vitally important to get this change made in the Bill before it becomes an Act.
5.15 p.m.
I think it is surprising that the Bill should ever have been drafted in this way. Two years ago a Motion, supported by some 200 Members of this House, adopted this principle of payment to the mother, and the political parties, through their conferences, have also approved this principle. With one single exception, every speaker on the Second Reading spoke in favour of it, with the result that, if it is necessary to carry this Amendment to a division, the Committee is to be allowed a free vote. After that Debate the Press and public opinion generally welcomed this principle. We have any amount of precedents for paying the money to the wife. Again, it is rather strange that this country, coming rather late in the day to paying family allowances, should have gone against the practice of those other, more advanced, countries which have already adopted family allowances. In nearly every case they pay the allowance to the mother. There has been no trouble, and, so far as I know, the thing has worked very satisfactorily. One comes to the conclusion that those who drafted the Bill must have been swayed by imaginary or other administrative difficulties. The only answer to that is that, in view of the obvious desire of the public and of this House, which was clearly expressed on the Second Reading, those who have to work this Bill must realise that they will have to get over, in some way or another, any administrative difficulties which exist.
The Minister told us quite definitely that there were no administrative difficulties; and the decision should not turn upon that point.
Then it is more surprising than ever that the Bill should have been drafted in this way. In any case, I feel that some alteration will have to be made, because the Bill is an amazing proposal in its present form. As was pointed out on Second Reading, if the Bill stands as drafted, the money will belong to the father, even if the wife herself is the breadwinner, as happens in quite a number of cases. It will belong to the father in connection with the wife's children by a previous marriage, and it will belong to the father even in the case of any illegitimate children, about whom he might have very little knowledge at all. It seems to me that the simplest way to meet the desire of all is to make this very small alteration, which means so very much.
We had, as my hon. and gallant Friend has said, a very long discussion on this matter on the Second Reading, and there was a very general consensus of opinion—I think the odds were 19 to 1. I think that those who support the view that the allowance ought to be paid to the wife were expressing the consensus of opinion not only in the House but in the country. For a very long time there have been controversies about family allowances. As I said on the Second Reading, my own party at one time had genuine differences of opinion; but whenever we had discussions about it, upon one thing there was never any doubt. That was that we were discussing, first, the payment of family allowances by right, and, secondly, their payment to the wife. That was always accepted. It came as a great surprise to us to find that the generally accepted view of the country was reversed in the Bill. It came as more of a surprise in view of what the Government themselves said in the White Paper on Social Insurance. They said that it was regarded by the Government as natural and appropriate that the mother should cash the order. Why should it be natural and appropriate that the mother should cash the order if the mother is not named on the order? We believe that the case made out on the Second Reading has not been answered anywhere. I am very glad that on the Second Reading we avoided, and I hope that to-day we shall avoid, approaching this problem from the point of view of whether there is a bigger proportion of bad fathers or of bad mothers. In 99 per cent. of the families of the country this would not be a subject of contention. My party have never approached it in that way. Let us be very grateful that in the overwhelming majority of the families of this country the income of the family is a common pool, devoted to the purposes of the family. We do not approach the question from the standpoint of whether it would be a better safeguard against abuse to give it to the father or to the mother. We believe that this is an opportunity of giving prestige and place and status to the mothers and to motherhood in this country.
Recognition.
Recognition. It seems to me that this week is a glorious occasion to do that. Let us admit that those who have carried, and still will carry, to the end of this war and beyond, the heaviest burden, are the mothers of the country. They have behaved in a magnificent fashion throughout this crisis. I do not think that the Committee will desire a long Debate upon this matter, because we have made up our minds on it.
I do not know whether the Government thought that if they accepted our view, and drafted the Bill so that the allowance belonged to the mother, there would be administrative difficulties, having regard to the legal position of husband and wife, under the law of this country. Between the Second Reading and to-day I and some colleagues in my own party have made inquiries on that very point. In New Zealand the legal status and relationship of man and wife are exactly the same as here—it is the British law. In New Zealand they laid it down quite definitely from the beginning, in the Social Security Acts, that the allowance belongs to the mother, and is payable to the mother, unless the Commission which they set up to administer the social security scheme decides otherwise. They are pioneers. We in this House must show a little humility in this matter. All the Dominions have been before us. We are behind them in many respects. In New Zealand it has been decided that the mother shall be paid. That system has been in operation for a long time, and there have been no difficulties worth speaking about. It has worked perfectly. It has met with the general acceptance of all the people. If it is practicable in New Zealand, under exactly the same conditions as ours, why should it not be practicable here? This Bill is inadequate in many ways. We shall be making a grave mistake if we do not act as the representatives of the people of the country. I speak as one who knows working men and women. I say very definitely that the overwhelming mass of working men, putting it in their own language, would say, "If you are giving an allowance for my children, give it to mother." I hope that the Committee will accept that attitude.
My right hon. Friend, on the Second Reading, said that before this matter was voted upon at the appropriate time it would be desirable to have the advice of the Attorney-General in case there were some legal difficulties and pitfalls, of which my right hon. Friend was not aware. I rise only to confirm what has been said. I have considered the legal position, and I can assure the Committee that there are no pitfalls or legal reasons why the Amendment should not be accepted if the Committee so desires.
The Committee will accept my right hon. and learned Friend's statement with very great satisfaction. Experience has taught me that there are very few statements which could be made on any subject without meeting the objection of administrative difficulties from one quarter or another. I think that the Committee is reaching the stage, if it has not already reached it, of complete unanimity on this matter. I do not think the Committee will wish to consider this matter at great length, as we have already made up our minds. One speaker has said that the organised political opinion in the country is unanimous, so far as can be ascertained. I agree with everything that has been said by the hon. and gallant Member for Erdington (Group Captain Wright) and the hon. Member for Llanelly (Mr. J. Griffiths). I think we should be spoiling a very good piece of work if we did not accept this Amendment.
I hope very much that the Committee will not divide on this Amendment. I should have liked to see it laid down by the Government that the allowance should be paid to the mother, because, as the hon. Member for Llanelly (Mr. J. Griffiths) said, it is what every ordinary man and woman would regard as the practical and right step. This is one of the few opportunities we have of giving some real recognition to the status of the housewife, which is so seldom recognised and receives so little appreciation. It will be a very sad thing if the Committee divides on this issue, because in this matter there is no question of right and wrong: the only question is that of commonsense and what I might call ordinary decency. The housewife has for years managed the budget in the home, and at least let this money be paid to her without division and without question.
5.30 p.m.
Last year I had the privilege of going to Australia and New Zealand, and if any hon. Member feels that the men there thought themselves unjustly treated because the family allowance was paid to the wife, I can assure him that the men felt quite happy about it, that the whole machinery works very well, and that, as far as I know, no case has been taken to any domestic court. The other Amendment, which I understand we are to discuss, is drafted, I feel, in a rather naive fashion. It is suggested that the husband and wife shall decide to whom the money shall be paid. I would remind the Committee that, if it were left to the husband and wife to decide, almost certainly in those cases where the husband is a bully, and has a timid wife—[HON. MEMBERS: "There are none."]—the wife, for the sake of peace and harmony, will let him have the 5s., and that is just what the House does not want.
I agree with what has been said that, as a matter of convenience, this should be done. But I must say that, when I see the state of Europe at the moment, I am not at all impressed by the attitude of some hon. Members who think that this is a great question of principle in which justice should be done to the housewife, so that the downtrodden woman may be able to hold up her flag and wave it. It is purely a matter of convenience, and to talk of a great question of principle is rather ridiculous. I hope the Committee will accept it because it seems the most convenient thing to do.
I find myself in a rather embarrassing position in having, so to speak, to argue on an Amendment after it has been discussed. I entirely agree with the Noble Lord that this is not a tremendous question of principle, but a question of practical domestic convenience, and I base my case very largely on the contention put forward by the hon. Member for Llanelly (Mr. J. Griffiths) that the ordinary subjects of domestic life are not the subjects of contention in the home. The vast majority of married men are happy, and the vast majority of domestic budgets depend on the question of convenience to the two parties concerned, and, normally, are amicably discussed.
But it is by no means true to say that there is one uniform system of dealing with domestic budgets in this country. I had a very considerable experience on that subject many years ago. I have refreshed my knowledge lately, and I know that there are many methods of dealing with it. In some cases, the husband hands over the whole of his wages to his wife, retaining for himself only what is called "beer and baccy money." In other cases, where the wife may not be a very good manager, the husband does retain the money in his own keeping and doles it out to her during the week. Surely, instead of rushing at this thing, as though everything was either black or white, we should take the practical view and adopt the suggestion in my Amendment that we should let the husband and wife discuss it in each case, and fill in a form stating to whom they wish the payment to be made. [ Interruption. ] The people who have been telling us that these marriages are all happy, now say that this business has been a bone of contention.
If there is a difference between the husband and wife, does somebody have the casting vote?
If the hon. Member reads my Amendment, he will see that it states that, in the event of disagreement, the money is payable to the wife. The picture drawn by the hon. Lady opposite of men dominating women, who do not dare to call their souls their own, is ridiculous. In the majority of these cases, there will be no difficulty at all. A minority of people—let us be frank and honest about it—especially in the working classes, as the hon. Member for Llanelly knows, believe that the husband should receive the money. I believe that it is, probably, a small minority, and I think that the hon. Member for Llanelly would agree that it is only a small minority who believe that.
I did not say "especially the working classes." I say that every pronouncement made by the Labour Party, which represents the working classes, has been in favour of this payment to the wife.
The hon. Member for Llanelly will find from the election returns that the Labour Party do not represent the whole of the working people. [ Interruption. ] To get back to the Amendment, may I say it will be found that there are certain people very happily married who would prefer to have the allowance handled by the husband. This Amendment provides for a delightful little discussion, and, in most cases, they will say "How shall we do it?" The wife may say to her husband, "You have always managed the money, and I would rather you took it"; on the other hand, the husband may prefer that the wife should have it. That is all provided for, and everything that may be wanted by the small minority is equally provided for.
What if the wife changes her mind?
The fair sex has the privilege of changing its mind. What happens if she changes her mind about her husband?
Does the hon. Member mean that this decision has to be made every week? I understand, from the hon. Member's Amendment, that the wife is to decide if they disagree. When she has decided it, has she decided it for ever, or is it necessary to have a family council every Saturday night?
I should not have thought that anybody connected with the legal profession would have raised such an objection. In all matters in life, you have to take decisions, and it is perfectly easy to provide for a period of time.
The Amendment does not say so, that is all.
Really, it is perfectly easy. To return to the substance of the Amendment, here is an opportunity which I think the Committee should accept of deciding the matter, in a way agreeable to the majority of the people, whether the husband or wife should receive the money, and, therefore, I conclude with great confidence in recommending this Amendment to the attention of the Committee.
I trust that the Committee will accept the principle that the allowance shall be payable to the wife. In doing so, they will be following the natural practice in working class homes. As regards the relationship between husbands and wives, while it is generally recognised that the husband is the economic head of the family, it is true to say that the wife is chancellor of the exchequer in the home, and has the responsibility for the care and maintenance of the children and for their upbringing. The average man does not want the allowance paid to him. If he has the trouble of collecting it, he does not want the anxiety or trouble of spending it. If the Committee agree to this principle, they will find it overwhelmingly accepted by vast masses of the people. It pleases some hon. Members to belittle the idea that this is a matter of high principle. It may not be, to their ideas, but a great deal of interest has been taken in this question throughout Great Britain, and the consensus of opinion is that we should follow the lead of our daughter State, where the principle has been conceded of payment to the wife and has worked out satisfactorily. I am certain that hon. Members will respect the wishes of the majority of the people, and at least see to it that some slight recognition is given to the importance of the work which the mother is doing in rearing and caring for Britain's future citizens.
Having had the honour of fighting a battle on behalf of the fathers, I welcome this opportunity of intervening to say that we are really beating a willing horse. The White Paper, to my mind, indicated that the mother would, ordinarily, draw the family allowance. I am perfectly satisfied, now that my right hon. and learned Friend has accepted the Amendment. The Amendment in the name of the hon. Member for The High Peak (Mr. Molson), to my mind, completely safeguards the family as a whole. The most convenient way of paying this money for the family, though the father may be the head of the family and legally responsible for the family, would be for the money to be drawn by the mother. I support this Amendment, which suggests that the mother should draw this allowance, and I should like the Minister either to accept the Amendment or redraft it, so that the mother can draw the allowance and spend it for the benefit of the family. I think that, in 999 cases out of 1,000, it would be the wish that the mother should draw it.
5.45 p.m.
Perhaps the Committee will allow me, as one who has been administering social insurance benefits of this kind for about 30 years, to say a word or two. The Committee may recollect that I said on a previous occasion how this problem appeals to me. This children's allowance is to be paid without any contribution from either father or mother; all the money comes from the Treasury. Under the National Health Insurance scheme, however, it is the father who pays the contributions, and, under that scheme, even though the father pays the contributions in respect of maternity benefit, the benefit is actually paid to the mother as a legal right. Consequently, I cannot understand all the commotion against paying this allowance to the mother. The approved society of which I was secretary has paid over tens of thousands of maternity benefits. Indeed, many millions of maternity benefits have been paid in this country by approved societies to mothers covering an insured population of nearly 20 million people. I do not remember in thirty odd years that these payments have been made that there has ever been a complaint to the Ministry of Health or the Health Insurance officials against the practice of paying the maternity benefit direct to the mother. For that reason I shall vote in favour of paying the allowance to the mother.
I have only risen because the hon. Member for The Wrekin (Mr. Colegate) has produced one of the worst Amendments that I have had the pleasure of coming across for a considerable time. There are arguments in favour of either the father or the mother receiving this money. I incline towards the mother. The hon. Member has produced a compromise which is something rather like a coalition in peacetime, something utterly and completely fatuous mixed up between the two. What does he say? That it would be of great advantage for the father and mother to discuss these matters in case of disagreement—
I am sure my hon. Friend does not wish to misrepresent me, but he has done so completely. I did not wish them to discuss it only in the case of disagreement. I said that in 98 per cent. of the cases they would discuss it without disagreement.
Very well, but I would remind my hon. Friend that if one solemnly puts in the Bill a Clause to this effect, that there shall be discussion between the father and mother, and, in the case of disagreement, the mother shall have it, is it not rather asking for the parents to find an opportunity to disagree by putting the idea into their heads? On the whole I think it would be rather a pity to stir up strife in happy homes. The one disadvantage, apart from stirring up disagreement in happy homes, would be if there were any cases—I do not know if there are—in which there are wives who are rather "door-mats." Those would be the only cases in which the father would obtain complete control whether he ought to have it or not. I agree with the Noble Lord opposite it is a small point. In 99 per cent. of the cases I do not think there would be much disagreement, although there would probably be disagreement in about 2 per cent. more cases if the Amendment of the hon. Member for The Wrekin went through. After all, the mother will cash the money in practically every case, so why should she not have it straight away so that we can get on to more important matters?
I will not detain the Committee more than a moment in order to support the suggestion that the wife should draw the money. I do not think the Committee will accept, pleasingly though it was put, the Amendment of the hon. Member for The Wrekin (Mr. Colegate), which, in effect, passes the responsibility of Parliament to the home. It is Parliament that will grant the money, and we should certainly keep the responsibility of saying where the money is finally going. In New Zealand last year I saw this idea being carried into effect. I would not suggest for one moment that we should apply to our own country all the experiments which we are privileged to see abroad, but I would say in passing that, knowing there was a likelihood of this legislation, some of us deliberately made inquiries as to how it had operated. When we mooted the idea that perhaps in some degree it was femininity which insisted that it should be paid to the mother, without exception that idea was repudiated. Indeed, I think I saw in that Dominion of New Zealand more masculine individuality than we have even in this island home of ours. All of them, without exception, accepted the idea that it was the mother or wife who should draw the money and the experiment has been very successful. May I conclude by saying this? I saw in my own home town also an incident of this description, of a strong individualist, a man, who received his wages and took those wages home regularly to his wife. For the last 15 years of that woman's life, never rising from her sick bed, she distributed the income of that home in splendid fashion. Because that lady chanced to be my mother, I see no reason why I should not say that was sufficient to convince me that I ought to support this Amendment and give credit to millions of other similarly good women.
I should not have intervened had it not been for the observations that fell from the lips of my Noble Friend the Member for Horsham (Earl Winterton). I could hardly believe my ears when I heard the Father of the House go to the Box and say that in his opinion this was a mere small administrative detail and not a matter of principle. I know my Noble Friend is an assiduous reader of HANSARD—
May I interrupt my hon. and gallant Friend? I am greatly honoured that he should pay me the tribute of quoting what I have said, but he might quote me correctly and I should be glad to hear his answer. I said that this was a mere matter of convenience and that, compared with the millions of starving and tortured people in Europe, it was unimportant.
Naturally I accept that, but I should have thought it was irrelevant and out of Order to make that comparison. We are not discussing the starving millions of Europe and such matters in the framework of the Bill. We are now discussing the question of whether the allowance belongs to the mother. I would submit that is a matter of considerable principle, and I would like to add this point to show why it is a matter of principle. A number of speakers have said it is a matter of principle that some recognition should be made of the services which the nation has received from the mothers in a retro- spective sense. I accept all that, but that is not, to my mind, the chief argument for submitting, that it is a question of principle and of great importance that it should be stated in the Committee that the allowance belongs to the mother. I am sure the Committee will be with me when I say there is nothing of greater importance to the future of this institution, than that the people of the country should take a closer interest in Parliament. There is, admittedly, a good deal of apathy among the younger generation, and, in particular, I am anxious that the mothers of the future should feel, through this Bill, that they are directly related to this question. It is an important point, when talking to young women who are to be mothers, that one should explain to them that this shows how Parliament and what happens in Parliament is of importance to them, because Parliament has directed that these allowances shall belong to, and be paid to, the mother.
I was not in the least impressed by the speech of the hon. and gallant Member for Ormskirk (Commander King-Hall). I cannot think of a more deviating and complicated argument than that you should be encouraged to read HANSARD because you are getting a 5s. allowance. I feel the effect of this Debate is bound to show that this proposal to pay 5s. a week to the mother will be completely without its repercussions and wholly good. I do not want to oppose this Amendment, but I want to put forward one or two arguments which, I think, ought to be watched in the future to see the effect of this proposal on the nation. I think it only right that somebody should do it in this Debate. I agree with my Noble Friend that this is not a great matter of principle. The vast majority of families in this country are happy, and it only applies to the few cases of unhappy marriages. Now, in those cases, who is to say whether there are more unhappy marriages due to the mother than to the father? Let us, for the sake of argument, say that they are fifty-fifty—I do not know—but we must recognise that in the few unhappy marriages which exist problems will arise. Let me mention two. I feel that where the father is the offender there may be a tendency for the father to say to the mother if the 5s. goes to the mother, "There is your 5s.; you get on with it. I am going to have more beer and baccy money and give you less." I think that is a point which ought to be watched in the administration of the Act. There may be a tendency for fathers to become more independent of their wives and children, and keep more money for themselves.
May I interrupt? If a man intends to do that, he will do it in any case.
I am only putting this point—and I do not agree with what the hon. and gallant Member has just said—so that the Government in the administration of the Act can bear it in mind. The Noble Lord the Member for Horsham (Earl Winterton) talked about vast millions of families broken up and wandering about Europe to-day. He must remember that the right hon. Gentleman the Minister of Labour has broken up families in this country—
Nothing of the sort.
What a comparison.
I have noticed a tendency to wander on the subject of broken-up families here and in Europe, I think we had better leave that question alone unless it has something to do with the 5s. allowance.
The allowance is to be paid either to the father or mother. As the Noble Lady said, the father is the legal head of the family and this break-up of families due to war—I am not blaming the Minister of Labour—may have the effect, in the next few years, of lessening the unity of the family. That point ought to be watched because the future of this country is based on the unity of the family and, if that is broken down by Measures, however well intentioned, it will not be to the advantage of the nation as a whole.
One further point which affects wages. If the nation gets to know that if a child is born there is 5s. waiting for the parents, there may be a tendency—and I expect this has been discussed by the Trades Union Congress—to depress wages. I am not one of those who want to depress wages. I want to pay the highest wages that can economically be paid in industry. I do not want to do anything that will tend to depress wages by paying State money in the way suggested. Further, I do not want to make too much of this matter, because it is not of great fundamental importance; it is purely a matter of administrative conditions.
Divide!
6.0 p.m.
I am sorry but I cannot oblige my hon. Friends; their shouts do not impress me at all. There is a great deal of argument as to whether the man or his wife should receive payment. Personally, I am not enthusiastic about either proposal, and I cannot say that in my division, where we have received many allowances, I have ever had this question put to me. Later in this Bill there is reference to the unemployed man who is receiving an allowance for his child. What is to happen? An unemployed man gets 24s. for himself, 16s. for his wife and 5s. for each child. Is the position in future to be that the unemployed man who does not get any family allowance will receive 24s. for himself, 16s. for his wife and 5s. for his child, or is he to be allowed to draw the 24s. for himself and the 16s. for his wife while the money for his child is to be paid separately? Up to the present the unemployed man has been drawing the allowances for himself, his wife and his child and nobody has said a word. What working-class people are more concerned about than who should have this money is the amount which is to be paid. Further, an ex-soldier draws a disability pension, if it is 100 per cent., of, I think, 40s. for himself, plus 7s. 6d. for each child. Nobody has said a word about that. The 7s. 6d. is 2s. 6d. more than the 5s. which it is proposed to pay under this Bill and he has been trusted with it. Yet it seems that when he is to be paid 2s. 6d. less he cannot be trusted.
My view is that we ought not to bother about this matter. If the woman is to get the money let her get it. I know that in my own home life I always seek peace and quietness, so I give in. In almost every case where the son has gone into the Army, and is unmarried, he makes an allowance to his mother, and from that point of view it appears that the woman of the household should be chosen to receive this allowance. If a man earning £10 a week wants to be bad to his wife he will be, no matter what you do. I am much more enthusiastic about the later terms of the Bill, which determine the child's standard of life. If you raise the income of the family to a decent level and allow nature and the common decencies of the family to take their course things will work out all right.
The Attorney-General said that there would be no legal alteration by this Amendment—
That is not what I said. I was asked to give advice to the House as to whether there were legal pitfalls if the Committee did not adopt the Amendment.
I beg my right hon. and learned Friend's pardon. I was trying to summarise his speech in order to save time. To whom the allowance belongs is, to me, quite immaterial, because Subsection (2) seems to be much more important. What will happen to those in need of care and maintenance coming before a court? At the present time the husband is the defendant. Will the alteration proposed in Clause 4, Subsection (1) have any effect in that matter? The husband is, to-day, legally liable to maintain his child and I want to know whether the fact of the allowance belonging to the wife and not the husband will be a defence in a court of summary jurisdiction?
On a point of Order. When we discuss ordinary taxes in this House, Mr. Williams, they apply to the generality of the people and do not divide them into classes. On this matter those who are married have an interest, which is distinct from those who are single, and the principle of not voting where you have a specific interest is well established. [ Laughter. ] This is not a joke; it is a serious matter. From time to time Members have been debarred from voting because they would have a specific personal advantage if they did vote, and I want to know whether a person who has a child which will benefit or suffer as the result of this vote will be permitted to vote without committing a breach of Privilege.
I have, naturally, given careful consideration to that point, and I think it would be quite easy to answer that we are in much the same position as with old age pensions.
That point is not the same, because all His Majesty's subjects, subject to certain conditions, are entitled to old age pensions, whereas this is a proposal to transfer payment from one section of the community to another. One section is the beneficiary as the result of any decision we take, and the other section is the loser.
I see difficulties as between men and women, but I have heard of all sorts of men of considerable age having children which would perhaps bring them into this Measure, in the same way as we all hope to live long enough for pensions, so that Members can vote.
I do not know whether, on that point of Order, it would assist the hon. Member for South Croydon (Sir H. Williams)—
I have dealt with that point of Order, so that ends the matter.
It was quite impossible for me to be here during the early part of this Debate, and I would like briefly to refer to the serious and important question raised by the hon. Member for Gorbals (Mr. Buchanan). You should not determine your policy for the whole population on the assumption that a large proportion will be unemployed. I think most people are coming to regard man and wife as a partnership, and I think we ought to pass the money on to the member of the team who will make the better use of it.
I will not stand for long between the Committee and a decision on this matter, but compared with some of the large issues which have been mentioned, I agree that this is a comparatively small point although, within the compass of the Bill, it is one of considerable substance, and one on which there may be considerable differences of opinion. Most of the argument has been in favour of the money being paid to the wife, and I think the Govern- ment have been wise in allowing the Committee to come to a decision on the matter without putting on the Whips. I would like to congratulate them on that step, and to commend this line of action to them in the future. It would increase the prestige of this House if we were more often allowed to decide issues on their merits without being subject to the dictates of the Whips.
I think the Committee is ready to come to a decision on this point, but since it otherwise might appear discourteous I will take the opportunity of answering my hon. Friend the Member for Gorbals (Mr. Buchanan). Under the later proposals of this Bill it is proposed that the unemployment allowance in respect of the child shall not be paid where the family allowance is being paid. If this Amendment to substitute "wife" for "man" is passed the result will be that where there is a case for payment of family allowance, that money will belong to the wife.
I take it the husband will draw £1 for himself at the unemployment exchange and his wife will draw the children's allowance.
Amendment agreed to.
6.15 p.m.
I beg to move, in page 3, line 4, leave out "a court of summary jurisdiction," and insert "the Minister."
I hope I shall be in Order if I preface my remarks on this Amendment by saying that I think the Committee has just come to a sensible decision. I feel that the Minister himself does not really regret at the bottom of his heart what has happened, because in receiving deputations on this particular matter he has always been very sympathetic. I should like to say that we are grateful to the Government for the way they have allowed themselves to be overruled by the Committee.
I think it would be convenient to the Committee if I discussed together this Amendment and the following Amendments in my name and the names of my hon. Friends. Sub-section (3) of this Clause provides that if either the husband or the wife or a local authority has reason to think that the money is being misused, they must make application to a court of summary jurisdiction. I think it would be much better if we followed the precedent of the Australian Act, and also, I think, the New Zealand Act, and allowed an application to be made either to the Minister or his representative. These allowances will affect over 2,500,000 families, and will call for considerable administrative machinery all over the country. There are bound to be in different regions of the country people who can be easily in touch with the families concerned and who will be very suitable to make an investigation and pronounce an opinion if there is a complaint from either the husband or the wife or the local authority that one of the other is not a suitable recipient of the allowance. Therefore, the Amendment proposes that the complainant, whether it be the wife, the husband or a local authority, should make application to an authority appointed by the Minister.
I realise that this proposal may not be acceptable to legalistically minded people who may think that in such an important decision it is necessary for the case to come before the court so that evidence may be heard on both sides. Therefore, we make a further proposal that if the decision of the Minister's representative is disputed by either party—by the husband, the wife or the local authority—the dissatisfied person shall be able to appeal to a court of summary jurisdiction. This proposal will take away from the court of summary jurisdiction the necessity of dealing with a great many cases.
Our other criticism on this Sub-section applies equally whether the complaint is made to the Minister or to a court. It refers to cases where neither husband nor wife is a suitable recipient. The wife may be a frivolous type of person, or the husband a drunkard, or the husband may be a permanent invalid and the wife an incompetent spendthrift. In such cases, why should not either the court or, if the other Amendments are accepted, a person appointed by the Minister, designate someone other than either husband or wife? It is common sense. There are many cases where neither the husband nor the wife would be suitable. There are cases in which the real responsibility for looking after the children is actually taken by somebody else, by a grandmother, or aunt, or elder sister. The decision should not be merely as between husband and wife, but where neither of them is suitable, the Minister's representative, or, according to the Bill as it is, the court, should be able to appoint a third person after investigation. To sum up, the first object of the Amendments is to minimise, as far as possible, appeals to the court by allowing a representative appointed by the Minister to deal with complaints in the first instance, as is done in Australia, where we are told it raises no difficulty; and the second object is to enable either the court—according to the Bill as it is—or a representative of the Minister—if the Amendments are accepted—to appoint someone other than the husband or wife where neither of them is a suitable person to draw the allowance.
May I say how glad I am to see the hon. Member for the English Universities (Miss Rathbone) here? I hope she will soon be sitting again in her accustomed place. I do not think the change suggested in the Amendment would be a good one: I think it would be a mistake. I have not had a very long Ministerial career, but I do realise that when a Minister has to decide things it almost inevitably means that he has to sign a document which is put before him. He has not the time to address his mind to each particular case. That is more than any one man could do. What is the proposition here? We have arranged that the money is to belong to the wife. Sub-section (2) states that either of the parents may draw the money. Sub-section (3) contemplates that one parent may be an unsuitable person. It is proposed in the Bill that that matter should be decided by the court. After all, it is a serious thing to say that a person who is the normal recipient cannot be entrusted with the 5s. and is to be deprived of it, and it is to be given to someone else. I feel very strongly that it is only right that this should be decided by the court, which sees the people, and not by a Minister who has simply to initial approval to some minute by a civil servant who has never had the opportunity of seeing the people. Let them go before the court; let both sides be present and have a hearing if they so desire, and then let the court decide what is the fair and proper thing to do.
We provide that the Summary Procedure (Domestic Proceedings) Act shall apply, an Act designed for this very pur- pose, to enable a court that has to decide these things to be free from all that unwelcome publicity which otherwise there might be and which should not be present in these domestic disputes. Therefore, I say it would be bad bureaucracy to make the Minister decide these matters instead of having them decided by a court. I think the hon. Members who have framed the Amendment realise that it would not do to leave the decision with the Minister. Therefore, they propose that there shall be an appeal from the Minister to the petty sessional court. I am not one to stand upon my dignity. If you stand upon your dignity, it is usually because you have nothing much else to stand on. But there is absolutely no precedent for saying that a Minister shall give a decision and that the Minister's decision can be challenged before the local bench. I do not think that would be a good thing. We must make up our minds one way or the other, either to leave it to the Minister to deal with, as is done in Australia, or to leave it to the local magistrates. For the reason I have given, I very much prefer the local magistrates, the people's court, with this semi-private procedure, where people have the chance of going before the court and being heard, and the court decides what shall be done.
I come to the last point of the hon. Lady. She suggested that we ought so to amend Sub-section (3) as not merely to deal with the case of husband and wife, because, as she rightly said, there may be cases where neither of them is a fit person. On that I would answer that if neither of those people is fit to be trusted with 5s., I should think it exceedingly doubtful whether they are fit to be trusted with the child. That is the sort of case which I hope the Commission under Miss Myra Curtis, which is now sitting, will take into consideration. If the parents are so bad that they cannot be entrusted with the 5s., I am inclined to the view that probably the right thing is to take the child away and make some other arrangement for it, such as sending it into some other family where it may become a member of the family within the meaning of the Act. Therefore, I suggest that the Committee should support us, first, in saying that they prefer a court to the Minister to decide this thing, and secondly, that they do not want to deal with any other topic than that of disputes between husband and wife. The other case raises a far wider matter which I think carries us outside the realm of family allowances and brings us into that vastly important area of the proper care and maintenance of our children.
6.30 p.m.
I want to speak on the point of the payment of the allowance to some person other than the father or mother. I agree that, in the majority of cases, where neither the father nor the mother is suitable to receive it, a case has been made out that the children ought not to be in charge of either. I cannot however see why the Minister wants to restrict himself in the way he is doing because, as the hon. Member for the Combined English Universities (Miss Rathbone) has pointed out, there is a considerable number of cases where the actual person who is caring for the children is someone other than the father or mother. I ask the Minister, therefore, to accept at least that part of the Amendment. It will not interfere with anything else. It will not interfere with what the Commission may report or any future legislation. It will leave the question open so that, if suitable cases arise where the money ought to be paid to someone other than the father or mother, the Minister will be able to do it, whereas, if he does not accept the Amendment, he will restrict himself unnecessarily.
I feel that the Minister, when he puts this issue to us in the form of asking us whether we prefer a court to the Minister, is really doing the Amendment rather less than justice. I see here a practical question of administration and, knowing something of the Civil Service point of view of administration, I think I ought to say a word or two about the Amendment. First let us get rid of the question of dignity. As the Minister said, if we have only that to stand on we are standing on nothing. There is no indignity to the Minister in a citizen appealing against his decision. If there were indignity in that it would be impossible for the Attorney-General to issue his fiat, as he not infrequently does, to enable a citizen to take action against the Government. Do not let us pretend, either, that this is going to be a decision by the Minister. It will be in the first instance a decision, in effect, by a civil servant. Presumably someone will be designated to look into these difficult cases and to give a prima facie decision whether the money is to go to the father or the mother.
Probably, as a matter of administration, someone would have to go round and make inquiries and report to someone else, and the someone who would have to come to a decision would not be the person who had seen the people himself.
That is exactly what happens under the whole of the Assistance Board administration. There is no distinction in principle, because the civil servant engaged on Assistance Board cases is not merely concerned with finding out the income of the family, but often has to investigate the morals of the individuals concerned. The idea that the civil servant is a mechanical machine is all wrong. Probably 95 per cent. of these cases could be disposed of by a decision given in the first instance and, if that is true, surely that would be an advantage both to the courts, which are behindhand with their business, and to the individual, who would get a quicker decision under the Amendment than he is likely to get otherwise. If people are not satisfied with the decision in the first instance they have the right to go to the very court that the Minister proposes in order to get a final decision. That involves no great issue of high principle but a simple issue of practical, workmanlike, swift and efficient machinery. I must return my verdict in favour of the mover of the Amendment.
The hon. Member is not competent to arrive at a verdict. I strongly object to any interference with the rights of parents. One would think that all parents were past redemption and that there was no hope for them in this life or hereafter. I am all for courts of common law. Our forbears fought hard to get them. I was for 25 years in a court and sat with the judges regularly. Many decisions' were thought by the Press and the public to be very wrong but, altogether apart from the facts, demeanour is of the utmost importance to magistrates. We have no right whatever to talk about civil servants. They are not competent. It is not within their province at all. It is most unfair to go round to a house and be what might be called a "nosey-parker" prying into the circumstances of the home. This right to justice and to appear before one's peers is beyond all price. It is the breath of the nostrils of English law. You might as well take away the rights of the jury on the ground that they are not trained in the law. It is the right of everyone to present his case to his peers and to obtain a decision. I hope the Minister will not give way.
We have decided that the money is to belong to the wife, and this is now a practical question of the best way of settling a dispute in which the husband alleges that the wife is not a fit and proper person to receive the money. This is a matter that ought to be decided by the people of the neighbourhood, who see and meet the persons concerned and know the circumstances. My wife has great experience in adjudicating in disputes between man and wife under another Act. The object is to settle them as human problems and the method is to get the parties together and ask them if they cannot make it up without its going any further. That is the method provided in the Bill. If the Amendment is carried, the man will write to the Minister, the Minister will send the case to the regional officer, and the regional officer will send a representative to the house. There can be no surer method of bringing about family discord than to establish what will turn out to be a family Gestapo. I do not think it advisable to make it too easy to allege the unfitness of the wife. It is the easiest thing to write to the Minister, but, if a man knows that in order to make a complaint he has to go to the local court, he thinks twice and three times, and we ought to make him think twice and three times. The Bill provides machinery which has been tested and has proved valuable. Since this method of settling disputes has come into operation it has given happiness to thousands of homes. Once you make a thing public it is all over. I hope the Amendment will not be pressed but, if it is, the Committee ought to support unanimously the provisions of the Bill.
I hope the Committee will reject the Amendment. I think the real issue is that under the Clause there is bound to be a decision affecting the integrity of character of the persons involved, and that should always be ventilated if necessary in a court—I do not mean publicly, but there should be an opportunity of hearing the charge. Under the procedure suggested by the Amendment you might get a decision made and, as it were, a conviction recorded against a person who might never know on what grounds it was done. It is important that when charges of this kind are made the parties should be able to go to a court and get a decision, and know exactly what has been recorded against them. Under the suggested procedure all that a woman will know is that she has been branded as unfit to be a parent and that someone in Whitehall of whom she has never heard has signed this document convicting her of being such a person. That would be a most unsuitable procedure which we ought not to endorse. This is a most unusual Amendment, because whenever Ministers seek to take powers to themselves almost the first thing we do is to put down an Amendment to say that this must be done in open court. This is the first time I have seen the reverse procedure suggested and I hope the Committee will reject it.
6.45 p.m.
I think that the hon. Lady who moved the Amendment is not aware of what happens in the matrimonial court. Before a summons is granted, it is customary in progressive courts for the case to be referred to the probation officer. As the result, a conference is held with the people concerned, and in my experience a large number of what might have been fractured marriages have been dealt with satisfactorily. The probation officers are doing valuable work, and the Amendment would deny the opportunities that might be afforded to them for bridging difficulties. If the conference fails, an application for a summons has to be made, and the bench will not grant it unless there is a prima facie case. The matrimonial court before which the summons comes has not a penal atmosphere, but is in the nature rather of an arbitration. To take away all those safeguards for the purpose of getting a Ministerial decision will be a retrogressive rather than a progressive step.
I regret that my right hon. and learned Friend has not been willing to accept our Amendment. Perhaps I am rather prejudiced against courts of summary jurisdiction because for many years I sat on one, and I was struck by the fact that magistrates are not always the embodiments of wisdom. Therefore I wanted to have the problem of who should receive the allowance settled by someone appointed by the Minister who might be better able to make the necessary inquiries. I feel, however, that the Minister has made up his mind, and I will not press that Amendment. I must say, however, that I am sure he is wrong about not agreeing to allow someone to be appointed other than either husband or wife where both are unsuitable. It may be all right for him with his experience as a K.C. to say that if neither the husband nor the wife is suitable, the allowance should be taken away from them. It does not actually happen like that. There are lots of cases where it is not necessary to take the children from home because the person actually looking after them is a grandmother or an aunt. I am sure that in those cases it ought to be possible for the court to appoint the person who is doing the job to receive the allowance. I hope that my right hon. and learned Friend will think over this point again and accept the next Amendment in my name, in page 3, line 8.
Is it not clear that no court would reach a decision to change the recipient of this money unless the individual who is receiving it has been culpable over a period of time? If both parents have been culpable over a period of time, they are obviously unfit to be in charge of children. We know very well that a child cannot be maintained on this 5s., and it would not be good enough to hand it over to some nominated person like a grandparent because she could not keep a child on 5s. a week without other family income coming into the home. The procedure laid down in the Clause is ample for everything that we have in mind. I am bound to say that is seems to me to be a fantastic proposition that an Amendment proposed in this Committee should designate a Minister or a civil servant as a person to determine charges involving contumacy on the part of parents. I am astonished that hon. Members should have made such a proposition. If such charges are to be made against any person, carrying as they do the most unfortunate consequences to their character, they should be, estab- lished in the most open way and in a manner which gives the accused person an opportunity to defend himself.
Amendment negatived.
I beg to move, in page 3, line 8, after "family," insert:
"or that neither of them is a proper recipient."
I have already made my speech on this Amendment because it is included in the group which we have just discussed. I remain completely unconvinced by the arguments of the Minister, and I hope that my right hon. and learned Friend will believe that, whatever may be the case in theory, it is not the case in practice. We are not all black or all white; there may be families where neither parent is a desirable person to receive the allowance, yet it would be cruel to remove the children, and we really ought to allow the court to be asked to appoint somebody who is actually in charge of the child to receive the allowance.
May I ask the Minister what real objection he has to taking this as a permissive power? If he does not wish to use it, it never need be used.
We have discussed this matter already. The objection I have is a strong one, and I resent the idea that you can say that parents, neither of whom by reason of a prolonged course of conduct is able to have the care of 5s., are fit to have the care of children.
Amendment negatived.
I beg to move, in page 3, line 26, after the first "council," insert: the Public Health (London) Act, 1936, which deals with child life protection and the welfare of children put out to foster-parents. They are also the authorities for tuberculosis and infectious diseases under the Public Health (London) Act, 1936. They are in very close touch in these ways, and in others, with the child life in their areas. This question has been submitted to the Metropolitan Boroughs Standing Joint Committee and, therefore, it is not a party matter, because, although I speak as a Conservative, there is a majority of the Socialist Party on the Standing Joint Committee, and they support it. The hon. Member for Bow and Bromley (Mr. Key) told me that he was prepared to speak for the Amendment if he could be here.
It would be a considerable improvement locally and a great encouragement to the metropolitan borough councils to know that they can get their teeth into this sort of work. There are many people on the councils who take a great interest in child life, and if these functions are to be continually taken away from them it would be a great discouragement to them, particularly to the women, whom we want to encourage to take an interest in local affairs. Let us see the way this Bill as it is drafted will work in London. The wife gets the money and some authority, either the husband or the Minister or the local authority, can make a complaint which eventually goes to the court. The local authority in London, the borough council, although it is the maternity and child welfare authority, cannot make the complaint itself, but has to forward it to the London County Council or the Minister. It can take no action itself. That seems to me an undesirable and unnecessary complication, and I hope the Parliamentary Secretary will see the force of the argument and accept the Amendment.
I would like to support what has fallen from the hon. and gallant Member for North Kensington (Captain Duncan). A point which is implicit in what he said is that in the child welfare and maternity committees of the metropolitan borough councils, nearly every ward, and often nearly every section of every ward, is represented. Consequently, in every case local members have contacts and are often able to advise and smooth over matters before they come to a head. Therefore if metropolitan borough councils had an official standing it would be easy for them to deal personally with these matters before these unfortunate disputes came to a court of law.
7.0 p.m.
If a Scottish Member may be allowed to intervene, I would like to state that I have just sat for three years on a borough council in East London and more recently have been chairman of a youth committee in this very neighbourhood. I am certain that the more the borough councils in London have to do with this particular type of question the better it is for London. Not only that, but there is a great need to reawaken interest in the borough councils themselves. I agree with the third point made by my hon. Friend, and that is the necessity for getting more women to work on borough councils after the war. I hope my hon. Friend the Under-Secretary will see his way to accept this Amendment.
The last speaker has said almost everything I wanted to say, but I do wish to support the hon. and gallant Member for North Kensington (Captain Duncan) because I feel strongly the position of the metropolitan boroughs. Metropolitan boroughs are represented by two members of the county council and over 30 councillors and aldermen, and those councillors and aldermen are much more in touch with the life and organisation of their constituency than the two members of the county council can ever be. There is a very strong feeling that individuals should have an approach to their borough councils, and we in this House should not do anything which would sacrifice or tend to destroy that local influence and control which we find particularly in London. I hope the Minister will agree that we have an unanswerable case
If I might intervene for a moment, I would like to say that we approach this whole subject with great sympathy, and if I do advise the Committee to reject this Amendment it is not because I believe that, as a result, anybody in the metropolitan boroughs will be prejudiced. The mover of the Amendment said this was purely a London matter. Of course, it is not purely a London matter at all, because if we accepted his suggestion with regard to maternity and child welfare authorities, we could not concede it only to the metropolitan boroughs. We should have to make it available to all other authorities which have similar responsibilities, to non-county boroughs, to urban districts and rural districts. That must be obvious to everybody. You cannot make an exception of that kind; it is therefore not purely a London matter.
We have been trying in the design of this Bill to restrict the number of people who can bring pressure to bear on a court of summary jurisdiction. We believe we have covered the field with our suggestions. The only action which can be taken, is action by a court of summary jurisdiction. One of the hon. Members who supported this Amendment said that if we refused it we would be curtailing the action which could be taken by the metropolitan boroughs. In fact, the only action which can be taken is that which some court will take. The only action which can usefully be taken by the metropolitan boroughs is to hand on information, and I do not see why they should feel stultified by handing their information to the London County Council. If they do that, they will be performing a very useful function. Another hon. Member asked why these bodies, through their excellent servants and staff, should not be permitted to smooth out some of the difficulties. I do not see that anything can stop them smoothing out the difficulties. Why should they not get on with smoothing out some of these difficulties, instead of feeling that it is impossible for them to do so because they are not to be brought into this Bill?
I would like to say another word or two in an endeavour to persuade the Committee that we have covered all the ground. The county councils and the county borough councils are the authorities under Section 52 of the Poor Law Act, 1930, which deal with cases in which children are taken away from their parents for one reason or another. They are also the responsible authority under the Children and Young Persons Act, 1933, for young persons between the ages of 14 and 17; and for children under the age of 14, the authorities under the Children and Young Persons Act are the local elementary education authorities. From 1st April, 1945, county and county borough councils are, with minor exceptions which do not concern London, the sole education authorities. I believe that as I say we have covered the ground. Anybody who wishes to be helpful can be helpful, and if they wish to give information or to smooth out difficulties before they come to a court of summary jurisdiction, they can do so.
The hon. Gentleman's chief opposition to the Amendment was that it was confined to London, and that we would need to extend this provision throughout the country. I suggest that would perhaps be advisable. I am not sure that the time has not arrived when we ought to look at the powers which are vested in county councils and county boroughs and see whether they should not be compelled to delegate some of those powers to smaller authorities. As the hon. Gentleman said quite rightly, the county council and the county borough are the poor law authorities and are the authorities which have the right to go to the court under the Guardianship of Infants Act. It is the maternity and child welfare authority in large areas of the country. But let us look at some of these big counties like the Ridings of Yorkshire and see just how much a county council can know of detailed matters in any part of the county. It cannot be said that I am speaking from prejudice because I am a county-minded man; I have always held the view that if London has made a mistake as a county council it has been in its refusal to allow the metropolitan boroughs to do enough of the work. I have always thought that there has been room for the London County Council to devolve some of its administration upon the municipal boroughs. If this were done there would be created a civic interest and local people would deal with local matters.
I think the opposition of the hon. Gentleman to the suggested Amendment is based on false grounds. What he should seek to do is to ensure that what he wants accomplished shall be accomplished in the best possible way. Even though it might involve a revision in the law, he ought to look at the question from the point of view of whether or not he will obtain greater success from giving to an authority smaller than a county council the responsibility of dealing with this sort of thing. I am not tied by tradition, but when the hon. Gentleman speaks of the Education Act, I would remind him that in connection with that Act, we said that because there were specialised branches of education it was impossible for the local authority to be a small authority that it must be a large authority, but that within that large authority we would have divisional executives which would have a measure of authority. Cannot we do something like that for the purpose of ensuring that these children will get a fair crack of the whip? I hope the hon. Gentleman will not say that because this provision applies to London, and we cannot do it for any part of the country, therefore we shall not do it at all. The Statute Book has plenty of precedents for singling out London for special treatment. We have Act after Act which applies only to London, and not to any other part of the country.
Let us look at the practical effect. In London we have a metropolitan borough—that of Stoke Newington. In Stoke Newington there is the North London police court. There might be a case known to the Stoke Newington borough council. What has to happen is that the Stoke Newington borough council have to report the matter to the county council, who have to send their people to make inquiries and obtain all the evidence to establish a prima facie case, and the London County Council have to go to the Stoke Newington police court where the case has to be tried. Would it not be just as well—after, all Stoke Newington is important enough to have a mayor—to lay the evidence before the court right away and have it dealt with? I consider there is sufficient ground for assuming that better success is obtained by delegating some of this administrative work to a smaller unit than that of a county council.
I hope my right hon. and learned Friend will be willing to give consideration to this matter before the Report stage. I believe that the ground of objection which has been given on behalf of the Government, that if powers were given to a metropolitan borough similar powers would have to be extended to other parts of the country, has already been met; but I would add that the metropolitan borough by the very nature of its name is in a different position. Its legal position and its relationship to a county council are different. Therefore, there is a very good reason for having an exceptional method of treatment in the case of London.
7.15 p.m.
Years ago I had the privilege for a short time of being a member of the county council and of a metropolitan borough council. I know that the members of the London County Council had not the same intimate and constant local connection with the constituencies they represented, as the councillors of the metropolitan borough. Practically all the councillors of the metropolitan borough were resident, or had their business in the borough and were constantly there. A great number of councillors, who keep a watchful eye on their constituency and outside it from time to time, do not reside in the neighbourhood, but sometimes at a considerable distance, and cannot be approached by their constituents in the same way as councillors of a metropolitan borough. A parent would not take specific action himself or herself, but would wish to get the local authority to take action and the first approach would be made to the councillor, and later, to the local health committee. It all depends on personal relationships. We must not just rely on the magnificent efficiency of a great permanent machine of officials, which has its essential place, but we must also rely on the personal interest, activity and devotion on the part not only of officials, but of elected members of the council. If the Amendment is accepted, it will open a fresh avenue of service on borough councils to men and women, who would be of great value not only to the individuals concerned, but in the building up of a healthy civic life. If the Government cannot accept it, I suggest that they might consider giving current powers of the county council to metropolitan borough councils. That would provide an opportunity which many of us feel would be of very great help.
May I ask the right hon. and learned Gentleman to reconsider this matter? I was not speaking entirely from theory on this question as I was a member some 20 years ago of a borough council. We got through most intimate work in this very field year by year, not only in what was then the poor law home, but in the close attention of borough councillors to the question of dealing with families. Two years ago I went back to a London borough, and I saw something which I did not think was possible. I saw the encroachment of the London County Council on the field dealing with most intimate local life. When I went to the County Council I saw complete regimentation. I am glad that the County Council as well as the Government are supporting this. The right hon. and learned Gentleman, in speeches he made in this House, said that there were two types of questions—questions which intimately concerned personal relations and which ought to be dealt with as locally as possible, and questions on which the main criterion was efficiency. Let the London County Council and other authorities deal with the second class. But London is different from other parts of the country. The case of my hon. and gallant Friend the Member for North Kensington (Captain Duncan) has now been made by Members from different parts of the Committee and I ask the right hon. and learned Gentleman at any rate to reconsider it.
There are two arguments which have been put forward in favour of the Amendment. I think that everybody connected with London administration would like to see the metropolitan borough councils have as much authority as possible. There has been much dispute in the past over a number of matters between the London County Council and the borough councils. We of the County Council have on occasion taken some of the powers which the metropolitan borough councils thought they ought to have. We have done so regretfully and only when it has appeared to us to be absolutely necessary from the point of view of efficiency. The two arguments put forward in favour of giving this power of complaint to the local authority seem to be these. One is that the local authority will know much more about the private lives of the people living in their locality, what the people are doing and so on.
They are more approachable.
I am not asking for complete powers for the County Council but for current powers.
I appreciate that fact. One reason has been the greater knowledge of people living in the area. The other is that the local authority have certain administrative powers which may give them direct knowledge of these cases. I think the first argument is a bad one. It is suggested that a councillor should have authority to go to his local authority and say, "I do not think that such and such a family are spending their money carefully, and we should make complaint." That is a bad suggestion. Responsibility of that sort should be that of an official acting under the authority of a Committee of his council. I do not think much of this "intimacy" argument. The second argument is that a metropolitan borough council has certain administrative functions which give it knowledge which entitles it to put forward complaints. There is only one such function which the metropolitan borough council have at the moment and that is the administration of the Child Welfare Acts.
I read out the Public Health Act as well.
I think the hon. and gallant Member will agree with me that it is mainly through the administration of the Child Welfare Act and the day nurseries and welfare clinics which are set up under it that local authorities obtain any worthwhile knowledge of what is happening in certain families and whether certain children are being properly fed and clothed. That might well give rise to official reports to public health committees which might justify the local authority initiating a complaint. There is at present a dispute whether child welfare should now be transferred to the County Council. The matter has not been finally settled. There may be some compromise arrangement. If finally it is decided that those powers which the metropolitan borough councils have in this respect are to go to the London County Council then I cannot see that the metropolitan borough councils will have any status in the matter whatever.
If, however, these powers are to remain with the metropolitan borough councils then they have a status and should be entitled to put forward a complaint to the Court. Therefore, is it not possible to leave the matter open by giving the powers to the metropolitan borough councils for the time being? That would be the wise thing to do, on the understanding that if the child welfare functions are transferred from the metropolitan borough councils to the London County Council then the power of the metropolitan borough councils to make complaint should be withdrawn. I support the plea put forward by other hon. Members, that the metropolitan borough councils should, under present conditions, be given these powers.
I want to say a few words in reply to the Parliamentary Secretary, and to make it clear that I am not asking for complete but for concurrent powers. The County Council obviously comes into touch with children under certain Acts including poor law Acts. The borough councils come into touch with children under other Acts and it is in respect of those powers that I am asking for concurrent powers. I will give a particular instance of the sort of thing I can see happening. A mother is neglecting a child in not taking it to a welfare centre and the health visitor discovers the child is in an awful condition. That is where the official comes in. The health visitor gets a view of this case which the London County Council cannot do. A report is made to the child welfare committee of the borough council and surely my hon. Friend would not disagree that in that case the borough council should have a report from an official. In those cases, what is the use of the borough council having no powers in this respect to inform the London County Council?
I agree, as long as they retain full status, but would my hon. and gallant Friend agree that, if those committees disappeared, the metropolitan borough councils would not have any status?
To the extent that powers are transferred to the London County Council, of course, concurrent powers cannot be asked for. But powers will remain under the Public Health Act and as long as the borough councils have powers—and I personally hope they will—I want the borough councils, purely as a matter of local machinery, to have direct powers of application to the court instead of this cumbrous method of having to go to the county council. It was suggested that I tried to make out that this should be specially applied to London. That is sheer nonsense. All through the public general Acts there are Acts specially applied to London. The Public Health Act, 1936, an enormous Act, was followed by the Public Health (London) Act, 1936, another vast volume of legislation. This is special legislation for London. London has always been treated differently, and rightly so. May I use this argument to my right hon. Friend and say that, if it works for London, it may in future work for county boroughs that the hon. Member for South Tottenham (Mr. Messer) was asking to be included? Let us make the experiment in London and see if it works, and perhaps he will be moved by that offer.
7.30 p.m.
I want to end on this note. The Parliamentary Secretary said that if one of these cases got as far as the borough council they could hand on the information, and he asked what was wrong with that. It is a complete misunderstanding of local government, if that is all the borough council can do, hand on the information, because then the whole heart and interest go out of the case. It is a complete negation of what we stand for in this country. The hon. Member for the English Universities (Mr. Harvey) talked about the encouragement of local people, particularly women, to take an interest in local government, but many women do take an interest in local government, but you will clear their interest if you make this procedure cumbersome and take the heart out of them when they might really get interested in a case.
Perhaps I might say a word or two of explanation without boring the Committee. I feel that we are expressing the heart of London. We are saying what people working in the boroughs feel, and have felt. I would quarrel with what was said by the hon. Member for North Lambeth (Mr. G. Strauss), but I should be grateful for his support although pro tem, he prefers another course. I would like to answer the point that he endeavoured to make when he suggested that I was talking about borough councillors while he was considering the case of the expert officials. I assure the Committee that every metropolitan borough council in London has highly-paid expert officials who are in the closest touch with the life of the community and that the activity of the borough councillors depends largely on the powers of their officials. There is not a borough council which can possibly go ahead of its officials. In this matter we get an integrated unity of very important dimensions in our metropolitan boroughs. We here are pleading a very strong cause, for the life of London. We are pleading for the salvation of the intimate connection between the local government and the people of its boroughs. I could not do more than say I agree with every word that the hon. Member for the English Universities (Mr. Harvey) has said, in expressing the whole case in a nutshell.
The Parliamentary Secretary mentioned all the arguments which have convinced us that the proposals we put forward are right. Nothing I have heard has convinced me to the contrary. This is a very delicate jurisdiction which we are considering. We are presupposing a dispute between a husband and wife, brought to the court, if not by them, by the Minister or by the local authority. The only doubt I have on hearing the argument is whether I ought to keep in any local authority. After all, there is the Minister, and if the facts are brought to notice of anyone leading them to suppose that one parent or the other is not a fit and proper person, why should they not get into close contact with the Minister and say that they think there is something wrong and get him to act, as he would do. That is a course I hope they will take. It would be a retrograde step for the authorities to come between husband and wife in this very delicate jurisdiction. It is not for me to determine what the ultimate limit of jurisdiction between county council and borough council may be, but on this particular point about intervening in these cases, we ought to keep to what we have got, and that is the county council.
Question put, "That those words be there inserted."
The Committee proceeded to a Division.
( seated and covered ): On a point of Order, Major Milner. I do not think you have put the Question a second time.
Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."
7.45 p.m.
I do not propose to detain the Committee for more than a moment or two, but as the Amendment standing in the name of my hon. Friend the Member for The High Peak (Mr. Molson) was not called, I must take this opportunity of asking the Minister
Yes, I did. The hon. Member is quite mistaken.
The Committee divided: Ayes, 26; Noes, 126.
Division No. 21.] AYES. [7.36 p.m. Acland, Sir R. T. D. Lindsay, K. M. Strauss, G. R. (Lambeth, N.) Berry, Hon. G. L. (Buckingham) Lloyd, Major E. G. R. (Renfrew, E.) Studholme, Major H. C. Bevan, A. (Ebbw Vale) MacLaren, A. Suirdale, Colonel Viscount Burke, W. A. Mellor, Sir J. S. P. Taylor, H. B. (Mansfield) Cobb, Captain E. C. Rathbone, Eleanor White, H. (Derby, N.E.) Harvey, T. E. Salter, Rt. Hn. Sir J. A. (Oxford U.) Wright, Group Capt. J. (Erdington) Isaacs, G. A. Savory, Professor D. L. Jones, A. C. (Shipley) Sidney, Captain W. P. TELLERS FOR THE AYES:— Key, C. W. Silverman, S. S. Captain Duncan and Lawson, H. M. (Skipton) Smith, Sir Bracewell (Dulwich) Flight-Lieutenant Challen.
NOES. Anderson, F. (Whitehaven) Grimston, Hon. J. (St. Albans) Poole, Captain C. C. Aske, Sir R. W. Guest, Lt.-Col. H. (Drake) Pym, L. R. Barnes, A. J. Guy, W. H. Quibell, D. J. K. Beamish, Rear-Admiral T. P. Hacking, Rt. Hon. Sir D. H. Raikes, H. V. A. M. Beaumont, Hubert (Batley) Hall, W. G. (Colne Valley) Reakes, G. L. (Wallasey) Beaumont, Maj. Hn.R. E. B. (P'tsm'h) Hannon, Sir P. J. H. Ritson, J. Benson, G. Harris, Rt. Hon. Sir P. A. Roberts, W. Bower, Norman (Harrow) Henderson, J. (Ardwick) Robinson, Wing-Com. J. R. (Blackp'l) Braithwaite, Lt.-Cdr. J. G. (H'dern's) Hewlett, T. H. Schuster, Sir G. E. Brooks, T. J. (Rothwell) Hudson, Sir A. (Hackney, N.) Scott, Donald (Wansbeck) Brown, T. J. (Ince) Hutchinson, G. C. (Ilford) Smith, T. (Normanton) Brown, W. J. (Rugby) Hutchison, Lt.-Com. G. I. C. (E'burgh) Somervell, Rt. Hon. Sir D. B. Buchanan, G. Irwin, Captain Lord Stephen, C. Bull, B. B. Jenkins, A. (Pontypool) Storey, S. Bullock, Capt. M. Jowitt, Rt. Hon. Sir W. A. Strickland, Capt. W. F. Burden, T. W. Keeling, E. H. Sutcliffe, H. Butcher, H. W. Keir, Mrs. Cazalet Tate, Mrs. Mavis C. Campbell, Sir E. T. (Bromley) Kerr, H. W. (Oldham) Taylor, R. J. (Morpeth) Clarke, Colonel R. S. Linstead, H. N. Thorneycroft, Capt. G. E. P. (Stafford) Cluse, W. S. Lloyd, C. E. (Dudley) Thorneycroft, H. (Clayton) Collindridge, F. Longhurst, Captain H. C. Tinker, J. J. Cove, W. G. MacAndrew, Colonel Sir C. G. Tufnell, Lieut.-Comdr. R. L. Cox, Captain H. B. Trevor McEwen, Capt. J. H. F. Turton, R. H. Craven-Ellis, W. Maclay, Hon. John S. (Montrose) Walkden, A. G. (Bristol, S.) Cundiff, Major F. W. Maclean, N. (Govan) Walkden, E. (Doncaster) Davies, D. R. S. (Carnarvon) Magnay, T. Walker-Smith, Sir J. Douglas, F. C. R. Marlowe, Lt.-Col. A. Ward, Irene M. B. (Wallsend) Dower, Lt.-Col. A. V. G. Mathers, G. Watt, F. C. (Edinburgh, Central) Drewe, C. Mayhew, Lt.-Col. J. Watt, G. S. Harvie (Richmond) Duckworth, W. R. (Moss Side) Mitcheson, Sir G. G. White, C. F. (Derbyshire, W.) Edmondson, Major Sir J. Molson, A. H. E. Wickham, Lt.-Col. E. T. R. Emmott, C. E. G. C. Morgan, R. H. (Stourbridge) Williams, Rt. Hon. T. (Don Valley) Entwistle, Sir C. F. Morrison, Major J. G. (Salisbury) Willoughby de Eresby, Major Lord Etherton, Ralph Morrison, R. C. (Tottenham, N.) Windsor-Clive, Lt.-Col. G. Foster, W. Mott-Radclyffe, Major C. E. Womersley, Rt. Hon. Sir W. Furness, S. N. Murray, J. D. (Spennymoor) Woodburn, A. Fyfe, Major Sir D. P. M. Naylor, T. E. Woolley, Major W. E. George, Lady Megan Lloyd (Anglesey) Nicolson, Hon. H. G. (Leicester, W.) Wootton-Davies, J. H. Glanville, J. E. O'Neill, Rt. Hon. Sir H. York, Major C. Greene, W. P. C. (Worcester) Owen, Major Sir G. Young, Major A. S. L. (Partick) Greenwell, Colonel T. G. Peat, C. U. Grenfell, D. R. Pethick-Lawrance, Rt. Hon. F. W. TELLERS FOR THE NOES:— Griffiths, J. (Llanelly) Ponsonby, Col. C. E. Mr. Buchan-Hepburn and Mr. Cary.
whether he will reconsider, between now and the Report stage, the use of the word "belong" in the first line of the Clause. The Committee will remember that earlier this afternoon we amended Clause 1 in order to make it clear that these allowances were for the benefit of the family as a whole. Yet in Clause 4 we say that they shall belong to the wife. The Oxford Dictionary tells me that the word "belong" means "to be the rightful possession of." I do not think that it is the intention of this Committee that these allowances should be the "rightful possession" of the mother. They are to be payable to the wife for the benefit of the family as a whole, and it seems to me that the right words should be "be payable," not "belong."
Earlier this afternoon the Minister suggested that there was an analogy with the position of trustees. As a matter of fact, no trust is here expressed. But if I remember aright—and I have been concerned in quite a number of trusts—I can remember no instance in connection with a trust in which property belonged to trustees; it was held by trustees for the benefit of certain beneficiaries.
The heading of the Clause is:
"Persons to whom allowances are to be paid."
There is not a word in the Clause about to whom they are to be paid. All that the Clause says is that they shall "belong" to somebody and shall be receivable by somebody. If there is any meaning in the sub-title of the Clause, I suggest that we ought to replace the word "belong" with "be payable."
I wish to say two things. My right hon. and learned Friend in his reply just now said he was becoming more and more inclined to remove the local authority from this Bill altogether. I should like to give him an opportunity of saying whether he is now prepared to do so on the Report stage. He seemed to be getting so definite about it that perhaps he would now indicate whether he intends, on Report, to put down an Amendment to leave out the local authority altogether. Perhaps he would let us know and so give us time to consider his proposal. The second point is a legal one, which was raised by my hon. Friend the Member for Thirsk and Malton (Mr. Turton), to which the Minister vouchsafed no answer. The wife is now the person to whom the allowances will belong, but where does the husband come in on this? The husband is legally responsible for his wife's debts. What is the legal position of the husband, now that we have changed the Bill to provide for the wife receiving the allowance instead of the husband?
I want to support what the hon. Member for Sunder- land (Mr. Storey) has said. I think the word "belong" is a most unfortunate one, though I confess myself in some difficulty in arguing in the sense of the Amendment put down by my hon. Friend, because the original intention of that Amendment was, of course, to avoid any suggestion that the money should belong to the husband. I cannot at this stage deal with that Amendment, which was not called, but I am satisfied that our original intention was to ensure that payment was made for the benefit of the whole family. Now the position is that it is to be received by the wife. That is an end which I have always had very much in mind, and at which I was only too anxious to arrive. I think it is unfortunate to contain in an Act of Parliament what now really amounts to a declaration of ownership. This money, as I understand it, is not to belong to either parent. Surely the whole idea is that it should be for the benefit of the children. That is what the whole purpose of this Bill is aimed at. The effect of the wording, as it now stands, is a declaration of ownership that this money belongs specifically to the wife. I do not like to see it on record that that is the position. I certainly do not want it to belong to the husband.
I feel we ought to be able to arrive at some words to make it clear that the first interest is that of the children. Surely that is the whole object of this Bill. I should have thought that if instead of the word "belong," there were some such words as "payable for the benefit of the family as a whole" it would have much more expressed the intention and, I believe, the will of this Committee. I do not know whether the Government have considered the consequences which might follow from the wording of the Measure. In matters of distress and execution, etc., there might be certain difficulties, with the wife claiming this money, and saying, "The Act of Parliament says it belongs to me." I do not believe we intend that at all; we intend it to be solely for the benefit of the children of the family. I hope that at some stage the Minister will reconsider this matter, and find some words suitable for expressing that intention.
I gladly undertake to look again at any words. I was advised about these words. Of course, I have no legal responsibility in this matter now. I get free legal advice. I have always had much impressed upon me by the draftsmen, the absolute importance of avoiding confusion, of making it plain that there is a definite title in some person and not leaving things mushy and vague. One must see that there is a definite title in some person. We all have the same intention—that the money should be received for the benefit of the family as a whole. I am asked whether there is any inconsistency in saying it belongs to the wife, and in saying that it is to be expended, or is received for the benefit of the family as a whole. I am sure there is not. That seems to me to be right. When I used to practise law I should have thought of property as belonging to a trustee. He is the person to sue for it; he has to expend it in accordance with the terms of the trust. I agree that here there is not a trust in the strict sense of the word, but there is something very analogous. I do not myself see any difficulty, but I will, in the light of the discussion, again seek advice from those who are skilled in this matter as to whether there is any difference between saying that the money belongs to the wife, and saying that it is for the benefit of the family as a whole. If I can find any better words I will put them in. I confess I have always wanted to find a different word. When I originally drafted the Bill saying that it was to belong to the man—a proposition which I, personally, never much liked—I wanted to try and find something less definite, to water it down a little, but I was told there was no other appropriate word to use. But, as I say, I will look into it.
As regards the position, in law, of husband and wife, the father is responsible for the maintenance of his children, and the mother, under the law as it exists today, is responsible for the maintenance of her children in so far as she has any separate estate. That position will remain absolutely unaltered. Both persons, with the qualification I have stated in the case of the wife, will remain responsible for the maintenance of their children. With regard to the local authority, I considered not having the local authority at all. I did consider having the borough councils but I came to the conclusion that on the whole the best thing was to accept the compromise which I put here, and have the county council but not the borough councils. I do not propose to move another Amendment to that on Report.
Question put, and agreed to.
Clause, as amended, ordered to stand part of the Bill.
CLAUSE 5.—(Determination of questions as to right to allowances.)
I beg to move, in page 3, line 32, at end, insert:
"Provided that in the organisation of his department the Minister shall make suitable arrangements for ensuring that in respect of claims on behalf of children resident in Scotland any question as to the right to an allowance shall be examined and recorded in Scotland."
I move this Amendment for the purpose of asking the Minister to give some indication as to the fulfilment of a promise he made when the Bill setting up his Ministry was going through the House of Commons. Scottish Members raised the question regarding the transfer of the administration of health and pensions functions and other functions from the Secretary of State to the new United Kingdom Department. In order to make the point clear I would like to repeat the statement made by the Minister in the Debate on that Bill. He said:
"What I propose is this. In the first place, it seems to me that the main principle upon which the new Ministry must work is devolution. It must decentralise. It must leave as far as possible Scottish officers sitting in Scotland to deal with Scottish problems with the very minimum of interference and reference to England. As far as the 340 officers who feared that they may find themselves removed from Edinburgh to London are concerned, many of them may be married people and I can understand that it would be a serious matter for them, but I do not think there is the slightest reason to fear any such thing. My intention, as far as I have anything to do with it, is that Scottish problems shall be settled in Scotland. I think I can do something to improve upon the present lay-out very considerably."
He also said:
"Therefore, without being able to give details … arrangements will be made to enable Scottish business to be settled on the spot with the minimum of reference to the headquarters of the Ministry in London, and that the Ministry in Scotland will keep in the closest touch with the officers of the Secretary of State for Scotland, who is the Minister of Health for Scotland."—[OFFICIAL REPORT, 14th November, 1944; Vol. 404, c. 1873–1875.]
Recently there was a by-election in Scotland, and a Member of a new party has appeared in this House. If there was one thing more than another that caused the emergence of that new party in the House of Commons, it was the attitude of the Government in regard to Prestwick aerodrome and in regard to the Forth road bridge.
We are now in danger of getting wide even of the Bill.
My point is that the emergence of that new party was due to the feeling in Scotland that Scotland is being treated neglectfully by this House, and that gradually its administration, its industry and all things concerning its prosperity, are drifting Southwards. Thus, the Minister gave some assurance that this block of civil servants and this piece of administration was not going to go Southwards. But in a later statement, the Minister informed the House that premises were being acquired at Newcastle, where the central recording part of the Ministry will be located. That has caused a little apprehension in Scotland that great buildings there belonging to the Government are to be vacated and emptied, that officers are to be taken from Scotland and that Scottish youths who will have found their way to the Civil Service in the past will, in future, have to leave their country if they are going to find employment in the right hon. and learned Gentleman's Ministry.
8.0 p.m.
There are about 500 officers in the Department of Health, and they have now become employees of the Ministry of National Insurance. Until the change of the Ministry, the records of the claims for old age pensions and of the claims for insured persons were all kept in Scotland. In regard to approved societies, about 50 per cent. of the records were in Scotland. Scotland compiles its own census, it has its own national register, and its own records of births, deaths and various other things in Scotland. It would seem extremely important, from the point of view of the Ministry, that the records at least of children of Scottish birth, registered in the Registry Office in Edinburgh, should be at that office, rather than 100 miles away from that office. I do not press the matter now, because it may be that the Minister will give an entirely satisfactory reply. I raise the matter at the moment merely to hear what the position is. If the reply is satisfactory; I shall be only too glad to withdraw the Amendment. If it is not, there may be further feeling about it in Scotland, and it may have to be raised again.
What I have said, I have said; and if necessary I will ask my right hon. Friend to take it as repeated to-day, because I meant it then, and I mean it now. I was talking then with particular regard to the general scheme of Part I and the Industrial Injuries Insurance Scheme. This topic to-day, however, is slightly different. Here, for reasons that I will give in a moment, it is manifestly more difficult to isolate one class of case from another. For instance, in determining what is the build-up of a family—which is one of the points to be determined—you may have one child in Scotland and another in England. You have to be satisfied that they have both to come in to constitute a family. These cases may arise in the unhappy families. You may have a wife in Scotland, with two children, and the husband in England, with two children, and they are separated. The question may arise whether they are one family or two, and whether it is the wife's family or the husband's family. You may have the same sort of thing with regard to England and Wales, where you have two different people claiming the same child as a fit and proper person to be included in that family, one claiming on the ground of issue and the other claiming on the ground of being maintainer. The person claiming on issue may be in England, and the person claiming on maintenance may be in Scotland, or vice versa.
In this small branch of the work it seems to be impracticable to contemplate any sort of machine except a machine which starts off with one index. If I have two indices, one in Scotland and one in England, I shall then have to have a third index, to see how the thing works. That, I think, would be impracticable. But, subject to the practical difficulty which the hon. Member sees does arise, which is different from the other cases I have put, I repeat what I have said. I have no desire whatever to leave Scotland in the position that I have an official in Scotland who has no discretion or authority, and simply has to say, "I am sorry, I cannot do anything; this is what I have heard from London." I am not going to do that. As to my general scheme, I repeat that I intend the widest division in regard to Scotland.
And for Wales? The right hon. and learned Gentleman had better, do so.
I realise that what my right hon. and learned Friend has said he is sincerely determined to fulfil. Other Departments in Scotland hope that their regional decentralisation plans will be carried into complete effect. But my right hon. and learned Friend, with all his experience, will agree—and I am not trying to make any advantage out of this matter—that the best-laid plans do not always turn out in accordance with a Minister's intentions, and that, in fact, it turns out sometimes that the local regional officer begins to refer to London, and gets into a habit of referring to London. We in Scotland, unfortunately, have found that to be the almost invariable case in many, if not all, Departments. It was a joy to hear such a forthright statement from my right hon. and learned Friend, and knowing him as I do, I know he means it sincerely. But I am worried in case things slip, and the regional officers go back to the old bureaucratic method of referring to London, which absolves them from responsibility, and lest the words of the Minister will be forgotten in some months. That is why I have a good deal of sympathy with my hon. Friend's Amendment. I hope that the words of the Minister to-day, which we take in the best of good faith, will not be forgotten, and that we in Scotland will be able to remind him or his successors of those words in due course.
I welcome the assurance that the Minister gave in regard to the main body of his administration. I do not regard as being very convincing the argument that he ought to decide the administration of this part of his work on the basis of the 5 per cent. of bad families. That argument could be used in the opposite way, as it was in the early part of the Debate, and it could be said that we ought to frame the Bill on the basis of the happy families which, I suppose, would be 95 per cent. of the whole. With modern telephone arrangements, I do not see the difficulty in lifting the telephone and saying, "We do not seem to have this case here; have you got it in England?" It seems to me that all these problems of families on the wrong side of the Border might occur in regard to people receiving unemployment benefit and their children, people receiving National Health Insurance and their children, and evacuees. It has applied all through the war. There has been no difficulty about administering the evacuees' scheme, which has been on a far larger scale than these, the odds and ends of unhappy families which shift about the frontiers. I think the Minister might look into this matter again. I know that the Civil Service like to have business tidy, to have no more trouble than is necessary, and to have everything in its own place. But we are dealing with a very important national feeling, which is stronger to-day than it has been for many years. There is a feeling in Scotland that everything is being slid away to the South. It is difficult to gauge the apprehension there is that after this war there will be a complete black-out of heavy industry and in many fields of—
I have already pointed out to the hon. Gentleman that he really cannot go into that subject.
The next point I was going to make is in Order, and it is the suggestion of a black-out in regard to clerical work in Scotland. We do want to retain some outlet for the energy and intelligence that come from our Scottish schools, much of which finds its way into the Civil Service, and we claim that there should be opportunities for these people to work in their own country. While I beg to ask leave to withdraw the Amendment, I would ask the Minister to look into this matter again before the Report stage.
Amendment, by leave, withdrawn.
I beg to move, in page 4, line 46, at end, insert:
"but shall not exclude the right of the parties to be legally represented."
I move this Amendment, which stands in the name of the hon. Member for Huntingdon (Dr. Peters), in order to give the Minister an opportunity of making a statement on what he proposes to do in regard to this matter.
I propose, under my Regulations, to make provisions to the same effect as those now governing appeals under the Contributory Pensions Act. Under that Act it is provided that the applicant may appear at the hearing in person, or by any member of his family, or by counsel or solicitor, or, with the consent of the referee, by any other representative, and I propose to follow here the same course as is followed there.
In view of that explanation, I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Clause ordered to stand part of the Bill.
CLAUSE 6.—(Period for which allowances are to accrue.)
I beg to move, in page 5, line 22, leave out from "information," to the first "on," in line 25, and insert:
"this Sub-section shall have effect as if the claim had been made."
There are one or two drafting Amendments also, but this is a very beneficial Amendment. The Bill provides under Clause 6 (2, b ) that, where a claim is made more than six months after the date of the entitlement, payment will be made covering the six months prior to the claim being made. As the Bill stands, it would have the effect of saying that, if the claim had been rejected, and further information had been brought to the notice of the Minister, if that information came more than six months after the title the allowance would only be payable from the date of the new information. In the new wording proposed the date of the information, as given, would be treated as the date of the claim, and, if it were more than six months after the date of entitlement, the allowance would be paid for six months from the date of the new information, which is taken to be the date of the claim.
Amendment agreed to.
8.15 p.m.
I beg to move, in line 32, after "Act," insert "and of any relevant regulations."
This is a purely drafting Amendment. We have power, under the Bill, to make Regulations, and the words were left out by mistake.
Amendment agreed to.
Further Amendments made: In page 5, leave out line 37.
In line 44, at beginning, insert:
"Subject to the provisions of the next succeeding Section."
In line 45, after "Act," insert "or of any relevant regulations."
In page 6, line 3, after "Act," insert "or of any relevant regulations."—[ Mr. Peat. ]
Clause, as amended, ordered to stand part of the Bill.
Clause 7 ordered to stand part of the Bill.
CLAUSE 8.—(Adjustment of over-payments.)
I beg to move, in page 6, line 30, leave out from "allowance," to end of line 34, and insert:
"being a sum which was not properly payable."
This, and the following Amendment, will have the effect of bringing into line with one another Clause 8, relating to recovery of allowances not properly payable, and Clause 9, relating to the penalty of obtaining or receiving any sum on account of allowances knowing that it was not properly payable or not properly receivable.
Amendment agreed to.
Further Amendment made: In page 7, line 3, leave out "accrued," and insert "properly payable."—[ Mr. Peat. ]
Clause, as amended, ordered to stand part of the Bill.
Clauses 9 and 10 ordered to stand part of the Bill.
CLAUSE 11.—(Exclusion of children removed from control of, parents.)
I beg to move, in page 8, line 32, at beginning, insert:
"Except where the parents or parent continue to contribute a sum of not less than five shillings a week towards the cost of maintenance."
Very briefly, though very sincerely, I beg to move this Amendment standing in my name and those of other hon. Members. It is designed in my opinion to maintain an equity and honesty of purpose in the application of this Measure to families. It is known to all of us in this Committee that certain children are sent to other places, and if the 5s. family allow- ance is to be taken from the family when children are taken to homes or institutions, then it will operate very unfairly. Therefore, I ask the Minister to accept this Amendment or, if he cannot accept it as it stands, will he give us an assurance that he will bring in regulations to achieve what my Amendment seeks to do?
I would like to support the Amendment of my hon. Friend the Member for Ince (Mr. T. Brown). The Clause as it stands would certainly inflict a hardship on those parents whose children have to go to places for health treatment or into special schools under the guidance of the local authority or the local education authority. I have a fairly wide experience of this and I know that in many homes to which these children go, the parents are asked to make a contribution to the L.E.A. towards the cost of maintaining the child. It would certainly impose a hardship if people in those circumstances were deprived of the family allowance. I hope, therefore, that the Minister will see his way clear to accept this Amendment.
I would be the first to recognise fully the sincerity of the mover and supporter of this Amendment, but I remain entirely unconvinced by the brief arguments which have been brought forward by them. I cannot see that the Bill as it stands is not perfectly reasonable. After all, are parents to have no responsibility whatever for the children they bring into the world? If the parent is not entitled to receive the 5s. because of the circumstances mentioned in the Clause, it seems to me that it is, impossible to argue reasonably to the contrary. Is the State to give the parents everything and to leave them no responsibility whatever for the child they bring into the world?
I think the hon. and gallant Gentleman has misread the Amendment. Where the amount paid is less than 5s., we are not asking for the allowance. If the hon. and gallant Member understood the conditions in which we live, move and have our being in the industrial world, he would discover that there is a scale of incomes and, if the income of a family exceeds a certain amount, then the parent is compelled to pay. It is for that purpose the Amendment is moved. May I give an illustration? There may be two homes where there are two children receiving family allowances. One may have to send a child to an institution and pay 12s. 6d. a week towards its maintenance. Would it be fair to ask that parent to continue paying 12s. 6d. a week and not receive the allowance?
I quite see the point of the hon. Member. I had read most carefully the wording of the Amendment, and I followed his argument as well as I could, but I remain entirely unconvinced by it. I still contend that it ignores the fact that parents must have some responsibility for their children.
Really, the hon. and gallant Member for East Renfrew (Major Lloyd) might do justice to the Amendment. Here is a contract between the parent and the local authority about a fixed amount to be paid. All the Amendment says is that where it is not less than 5s. the parent shall have the child's allowance. May I add one personal word? It is frequently a good thing to encourage parents, particularly when there is something wrong with a child, to put it into a home. To put anything in the way of that, particularly in overcrowded conditions, seems to me to be wrong. What we are doing here is to erect a barrier which will stop parents from doing what is often a first-class thing—send the child away. One of the criticisms I have to make is about the only too frequent unwillingness of the poor to part with their children. I often feel it would be better if a child were allowed to go, but frequently they will not part with it. To put up a barrier like this makes it much more difficult. All we are asking for is an elementary thing which I think the Government might concede.
Before the hon. Gentleman replies, I want to put the point of view as I see it. I do not think my hon. and gallant Friend has altogether grasped what is in our minds. This family allowance is to help the family. If one child is taken away and the parents have to pay more than 5s. for the upkeep of that child, we say that 5s. should go to the family because the parents are paying more out. If the parent in a working-class family has to pay this money out, it is a drag on the other members of the family, because the family income is reduced. The intention of family allowances is that the family should not suffer but, as the Clause stands, it would mean, in effect, that the other children would not get what Parliament intends them to have by reason of the fact that the household income is reduced by what is paid out for that particular child. I do not think any hon. Members in the Committee would raise any objection to the Amendment when they realise what it means.
When my hon. and gallant Friend on the other side of the Committee, after hearing the explanation, still persisted in his objections to this most reasonable Amendment, I was very disappointed. I felt he put his original point because he did not fully understand the object of the Amendment. What is it? In brief it is this, that a parent must contribute at least 5s. to the maintenance of his child in some institution or elsewhere before he becomes entitled to the benefit of my hon. Friend's Amendment. The parent might make a contribution of 4s. 10d. and then there would be no payment whatever. When I read this Amendment I thought how very moderate it was. You could have a state of things where parents would be contributing something below 5s., but would lose the advantage of the children's allowance for another child in the family when the mentally afflicted child is not at home. Under the circumstances I feel this is a most reasonable and moderate Amendment and it should be accepted.
8.30 p.m.
Speaking with some knowledge of local government, I would ask the Minister to reconsider his attitude towards this Amendment. It is quite a usual thing for mothers to enter a maternity hospital maintained by a local authority and, there being no one at home to look after the children, they are admitted to a Poor Law institution. Under the Poor Law administration as it exists to-day the local authority maintaining that institution is bound to make an order on the parent to contribute towards the cost of the maintenance of the children, according to his means. The children's allowance will be stopped when they go into the institution and, on top of that, the parent will be called upon to make a contribution to the local authority towards their maintenance. As I read the Bill, the allowance will stop only if the children are admitted to the public assistance institution. But assuming that the children are admitted to an institution which was a Poor Law institution, and which has been taken over and administered by the education committee, the allowance will not stop. You may have, in a county borough which has appropriated an institution and is administering it, the parent making an allowance, but where the institution has not been appropriated the allowance will stop.
My hon. Friend has not realised that there is an Amendment in my name to this Clause and an Amendment to that by my hon. Friend the Member for North Battersea (Mr. Douglas), which I shall accept. The Amendments modify the Clause considerably and avoid the results arising which my hon. Friend fears. I have considered this matter carefully, and I have put down an Amendment to meet the point. This is the problem in the Clause as a whole: Paragraphs ( a ), ( b ) and ( c ) of Sub-section (1) deal with the Children and Young Persons Act, Sub-section (2) also deals with that Act and Sub-section (3) deals with the Poor Law Act. The object of this Clause is to find out what is a family. Family allowances are to be paid in respect of a family. I quite agree that the mere fact that the child is absent from its parents does not prevent that child from remaining a member of the family. For instance, the child might have a tubercular spine, or might have to go to Dr. Barnardo's Homes and, in all human probability, have to remain there for many years. That child can still be a member of the family, if it is the issue of the parents, so long as the parent is paying 5s. a week or what he can afford towards its maintenance. If that was done they would get the family allowance for the child.
But when you leave those sort of cases you then come to consider the criminal cases where the parent has been ill-treating the child, where the parent is not a fit and proper person to have control and custody of the child, and where, in consequence, the child, by due process of law, is taken away from the parent. What is the position there? However much you stretch the position of the family, and concede the fact that when the child is not with the parents that does not break the parental tie, when the parental tie is broken by order of the court, and the child is taken away because the parent is not fit to control it, in what sense can that child be described as a member of that family any more? Physically it is not there, de facto it is not there, and, as the statesmen say, de jure it is not there as a member of a family, because the parent is no longer in control. That is a sort of case I ought to deal with, and I feel strongly that where the child has been removed from the parent, and sent to an approved school against the will of the parent, I ought not to treat that child as still being a member of the family. If such a child was a member of a family of four I am bound to say that it could not remain a member of a family any more, so that the family would, therefore, become a family of three, to which two family allowances would be paid.
What I propose to do is this: I fully realise the strength of the argument which has been put, and I will look at this Clause again to see that I am properly limited to the sort of case I have in mind. I am not prepared to say that where a parent has been maltreating or ill-using the child, and the child has been taken away, I ought to treat that child as being still in the family. I believe I am right in that, and that hon. Members will give me their support. On the other hand, I am anxious to see that I do not do anything to imperil the position of the parent who is not in a position like that. So long as Members do not ask me to yield in what I would call the criminal case, in other cases I am anxious to do what I can to help. If this Amendment might be withdrawn, I will look at the Clause again to see whether I have satisfactorily differentiated between the good and the bad parent.
Would the Minister be kind enough to give us information as to how many cases would come within the category that he has described, and how many cases might be excluded by this Amendment?
I will consider that.
I think we are all grateful to the Minister for the statement he has made, and I am sure we would like to feel that what he has in mind is not the breaking of the family tie through any misfortune, or even fault, on the part of the child. The tie should be regarded as broken only when the circumstances of the child being away from home are due to the complete failure on the part of the parent to surround the child with proper family life.
One or two cases have been brought to my notice where a child has been charged by the court for having done something wrong and sent to an approved school. Will the right hon. Gentleman consider these cases where the child, through no fault of the parents, unless the fault be in lack of proper training, has done something wrong and been sent to an approved school?
I will look into that. There is one thing I want to add. The result of all this may not be the relief which the hon. Member anticipates. Parents who have children who are sent to approved schools are ordered to make a contribution towards them, and that contribution is assessed according to the needs of the parents. I strongly suspect that if it is known, as indeed it must be, that the parents are getting an extra 5s. in respect of such a child, the net result will be that the contribution the parents are ordered to make for the child will be 5s. more than it otherwise would have been. I rather fear that the net result of this Amendment, which is moved in order to benefit the parents, may merely have the effect of relieving the rates, if it is from the rates that an approved school is supported, or the taxes, if it is a question of the taxes. If it is the latter, it will be simply a payment out of one pocket of the taxpayer into another. As I have said, I will look into the matter, which is a difficult one. Hon. Members will not regard me as having given any pledge beyond a pledge to look into the matter and try to differentiate between the two sorts of cases which I have in mind.
My brevity in moving the Amendment was due to my belief that the Minister would accept it; otherwise, I would have quoted one case after another in which, if he does not improve the Clause by accepting something on the lines of the Amendment, the parents will be very hard hit; but having regard to the assurance which the Minister has given, I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
I beg to move, in page 9, line 8, leave out Sub-section (3), and insert:
"(3) A child in respect of whom there is in force a resolution under Sub-section (1) of Section fifty-two of the Poor Law Act, 1930. of the council of a county or county borough, or of a joint committee established by an order under Section three of that Act, shall not, for the purposes of this Act, be treated as included in any family."
The effect of referring to Section 52 of the Poor Law Act was too wide, because Section 52, in Sub-section (3), deals with any case where a child is in a hospital. Those are not the cases I meant. I wanted to deal with the class of cases in Subsection (1) of Section 52, where the child has been deserted by the parents, or the parents are of vicious habits, or have committed certain offences against the child. The object of this Amendment, which is a beneficial one, is to cut down the wide extent of Sub-section (3). The hon. Member for North Battersea (Mr. Douglas) has on the Paper an Amendment to my Amendment which still further improves the Clause and carries out what I want.
There is a reference in the Amendment to the Poor Law Act, 1930. As the Minister knows, there is a separate Poor Law Act for Scotland. Will he take steps to see that the matter is put right for Scotland? I think it may mean a further Amendment.
I will give that undertaking. The Poor Law Act, 1930, does not apply to Scotland. In Sub-section (3), we have referred too widely to Section 52 of the Act, which includes a lot of cases which are not the sort of cases intended. I will get my Scottish advisers to look into the Clause and find out whether a similar mistake has been made with regard to Scotland, and if so, I will put it right.
Is the hon. Member for Gorbals (Mr. Buchanan) right in saying that the Bill does not apply to Scotland? It applies to Scotland, with some modifications.
The Bill applies to Scotland; I was referring to the Poor Law Act.
Question, "That the words proposed to be left out stand part of the Clause," put, and negatived.
Question proposed, "That those words be there inserted."
8.45 p.m.
I beg to move, as an Amendment to the proposed Amendment, in line 4, at the end, add:
"Provided that this Sub-section shall not have effect as respect any period during which the child is permitted by virtue of the proviso to Sub-section (1) of the said Section fifty-two or of an Order under Sub-section (2) of that Section of a Court of Summary Jurisdiction to be, either permanently or temporarily, under the control of a person or body other than the council or joint committee."
The purpose of this Amendment to the Amendment is further to limit the application of the provision. As it stands, it means that no family allowance is to be paid in this particular class of cases either to the parents or to the local authority that stands in the position of the parents for the time being. Local authorities do not desire to seek any payment for themselves out of this, but there are many cases in which they find it is wise and beneficial for the child to allow the child to be with some relative or suitable person, or even in certain cases, if the parent has adopted a better outlook, to allow the child to be with the parent, although the Order still remains in force until it is ascertained that the home conditions are satisfactory. In these circumstances, the relatives and other people who are doing very meritorious service to the community in looking after the child, ought to have the benefit of the allowance.
I accept this Amendment to the Amendment, which carries out what I want, and I agree that if the child is in the custody of some fit person, there is no reason why it should not be treated as a member of the appropriate family.
Is not the point that was raised by the hon. Member for Gorbals (Mr. Buchanan) covered by Clause 26 of the Bill?
The point I made is a simple one. The Poor Law Act for England and the Poor Law Act for Scot- land are entirely separate Acts. The right hon. Gentleman has brought forward an Amendment dealing with the Poor Law Act for England and making no mention of the Poor Law Act for Scotland. Therefore, that Amendment, whatever else its virtues may be, cannot apply to Scotland because there is no mention in it of the Poor Law Act for Scotland.
Amendment to the proposed Amendment agreed to.
Question, "That those words, as amended, be there inserted," put, and agreed to.
Clause, as amended, ordered to stand part of the Bill.
CLAUSE 12.—(Exclusion of children for whom orphans' pensions are paid.)
Motion made, and Question proposed, "That the Clause stand part of the Bill."
As I understand it, this Clause has the effect of denying family allowances to children who are in receipt of orphans' pensions. I cannot for the life of me see why this particularly unfortunate class of child should be excluded. This is not a Bill on a means test basis. If it were, there might be some logic in saying that a child already provided with some form of sustenance from public funds ought not to have a duplication, but that is not the case at all. The children of the wealthiest in the land are to receive the benefit of the allowance, and I can see no reason why orphans who are receiving pensions should be excluded.
I cannot see why these children should be treated in a different way from the orphan children of Servicemen, who get a pension from the Ministry of Pensions, and also the children's allowance. I have heard one hon. Member say to-day that he was very keen on the Bill because of the population problem. Possibly orphan children are being dealt with in this way, because it is supposed that that has nothing to do with the population problem which the country has to face. Even so, if the extra payment of children's allowance is made to these children they will naturally be able to get better conditions and may in future become the healthy parents of healthy children. When the 1925 Widows' and Orphans' Contributory Pensions Bill was before the House, the view was taken that we must not have duplication of pensions, but that has gone by the board as far as Service pensions are concerned. I appeal to the Minister to act more generously in this respect and agree to the excision of the Clause. It is a bad Clause, and it will be utterly discreditable to the Government and to the House if it is agreed to.
I should like to have some explanation why these children are to be excluded from the benefits of the Bill because, as it stands, it appears that anyone who is insured under the Act of 1936 will lose the benefit under this Bill. One can go to a private company and insure the future of one's children, but, if one selects the State scheme, one loses the benefit of the Act. That seems on the face of it inequitable. I think there must be some explanation other than those we have so far heard. I hope the Minister will let us know exactly what the position is.
The position is this. Orphans are under Part I of the scheme to have a pension of 12s. a week, therefore we thought it right to deal with orphans in Part I, and it is for that reason only that, so to speak, we clear the decks of orphans here. An orphan may be a member of a family which includes several other children. It might be in the family on the ground of maintenance while the other children were there on the ground of issue, and it would make all the difference at what point in the family the orphan came. We do not pay the allowance for the eldest child. If the orphan were the eldest, there would be no question of a family allowance. It would be the existing 7s. 6d. If, on the other hand, the orphan were a younger child of the family, if you did not have this Clause he would get the 7s. 6d. orphan's pension and the 5s. family allowance. The amount that an orphan would get would therefore depend on the mere accident of whether he was the elder or a younger child of the family. I am sure that the right thing is to leave orphans out of the Bill and deal with them under Part I, by making a payment of 12s. a week. That is the reason for the Clause.
How would the orphan of a Serviceman killed in the war be treated?
That really arises on the next Clause. I shall have to make Regulations for that case, which will be subject to the affirmative approval of the House. I shall explain, on Clause 13, why I am taking this rather exceptional course.
9.0 p.m.
What the right hon. and learned Gentleman has said raises again the issue in Clause 14. His case is that he proposes to take orphans in Part I, and then he talks about dealing with them by Regulation. There is no sign of Part I coming yet. What is to hinder him dealing by Regulation with the civilian children in the way that he proposes to deal with ex-Service children? He could do it if he wanted to. He has gone some way to meet the position by saying that he is dealing with the orphan in Part I, but I cannot understand why he cannot do it here in this Bill. Some of us in politics sometimes feel that the great bulk of the people do not believe anything we say to them and somehow or other feel that we trick them and do not play fair towards them. This is evidence of it, because we do not know when Part I will be introduced. I am opposing the only thing that is before us now, and I say to my right hon. and learned Friend that he has not answered the case put by the hon. Member for The Wrekin (Mr. Colegate), because what he is doing in this Clause is to break a contract. The point may be dealt with in Part I; I do not know. All I know is that a person under National Health Insurance entered into a solemn contract with the State for certain benefits, which are sickness, old age and widows pensions—
I am in rather a difficulty about allowing this discussion. The Minister mentioned Part I, which really has no relevance to this Bill, and we seem to be developing into a Debate on Part I and this is not even in the Bill which is before us.
I am not arguing about Part I. I am arguing that the matter should be dealt with in this Bill. A person enters into a solemn contract with the State for certain benefits. The way this country and people break contracts with people of the working class is terrible. You are here breaking a contract—
That is a serious allegation to make. What contract am I breaking? I deny entirely that I am breaking any contract in any respect.
I am arguing my case and the Minister had better wait until I have finished. As a great lawyer, he should know how to wait until I have stated my case. I say again that a man enters into a contract with the State under National Health Insurance for sickness benefit and pensions for old age, widows and orphans. Under this Bill you contract him out of the orphan's benefit. That means in effect that the contract into which he has entered with the State has been nullified. The Prudential every week advertises, among other benefits, orphans' pensions in return for certain payments. If I entered into a contract with them, this Clause would have no effect on me; I would still get what was due to me from the Prudential. I enter under a State scheme into a contract which is equally binding, but under this Bill I am to be denied the benefit. The Minister's statement that he will deal with cases by Regulation under Clause 13 is the greatest case for this Amendment. The orphan's pension should remain and the orphan should be allowed to get the family allowance. Then, if there is any anomaly it could be dealt with by Regulation. I urge the Committee to take this question seriously, because I think that this and the next two Clauses will be a blemish on this Bill and will nullify the whole conception of family allowances.
I find myself in the same difficulty as the hon. Member for The Wrekin (Mr. Colegate). It seems to me that there is a contractual relation between the State as the insurer and the contributor in respect of certain benefits, one of which is the risk of orphanhood occurring to the child. I am glad to hear that later on the benefits will be extended, but surely the time for removing the benefit of the cover which the State now offers is the time when the protection against the same risk is extended, and not at the present moment. So far as I understand my right hon. and learned Friend, we are removing the protection from the child now, but we are not providing cover for it until some later date.
That misapprehension was present in the speech of the hon. Member for Gorbals (Mr. Buchanan). The contract we have with the orphan is to pay 7s. 6d. a week under the National Health Insurance Act. We are going to keep that contract and are going on to pay the orphan 7s. 6d. We are not going to alter the contract a bit until we get to the distant future, if it be distant, when we shall pay him 12s. The question now is whether we should pay him 5s. under the Family Allowances Bill. That is not a contract at all. We are saying that we are not going to pay an orphan, whose contract is being honoured and who deserves nothing under this Bill, because we are going to deal with him in some other Bill. We are maintaining our contract absolutely.
I appreciate my right hon. and learned Friend's point, and I withdraw any remarks that there was any failure to fulfil a contract. I will put the position in another way, and perhaps he will correct me again if I am wrong. The contract is to be fulfilled, but the child receiving the benefit of that contract is to be penalised to the extent of 5s. a week by its exclusion as a member of the family. Suppose it was not excluded; the cash benefit would then be 7s. 6d. in respect of orphanhood under the 1936 Act, plus 5s. under this Bill, making a total of 12s. 6d., which would not be very far out of line with the 12s. to which my right hon. Friend has referred. As the hon. Member for Gorbals (Mr. Buchanan) said, this child who is orphaned because of a civil calamity or a natural death should be dealt with in the same way as the child who is an orphan of war.
My hon. Friend mentioned that an interesting position might arise as to whether the orphan was the first or the last child in the family. I thought it was more of a debating point because this is a Family Allowances Bill and not a childhood endowment Bill. In other words, we are improving the conditions of families as such and not allocating incomes in respect of particular children. Therefore, I suggest we must regard the total family income, and the position in which the orphan comes in the line of children has no relation to the question.
The hon. Member asked me to intervene if he was not quite accurate. This is not a debating point. It is a real point and it happens every day. Take a family of two children, one of whom is an orphan. The hon. Member follows, of course, that you may have an orphan who is a member of a family. If the orphan is the elder of the two children he will get 7s. 6d. and no more. If he is the younger he will get 7s. 6d. plus 5s. The family allowance is available only to the younger child. That is why I say we may get an anomalous position dependent on the place which the orphan occupies in the family.
Surely the position in the case which the right hon. Gentleman has given is this. Supposing the orphan is the elder child, he will receive 7s. 6d. pension and nothing for family allowance. The other child will receive 5s. family allowance, so that the total family income is 12s. 6d. Now let us reverse the position so that the elder child is the one with parents. Being the elder child and not an orphan, he does not secure an orphan's pension and he does not draw family allowance because he is the excluded child. But the second child is the orphan and the second child can draw two contributions totalling 12s. 6d. Does it matter what position in the family the orphan holds?
My right hon. and learned Friend has not really grasped the significance of what he is doing in this Clause. My hon. Friend the Member for Gorbals (Mr. Buchanan) said that he was really doing the individual out of his contract. Technically I do not think my hon. Friend is right, but I think to all intents and purposes he is right, and I think my right hon. Friend ought to appreciate that.
We have here two separate forms of benefit. One is the contractual benefit which the State gives to the individual. The other is a general benefit which is given to all persons. All sorts of benefits are given to all persons. There is the allowance under the Income Tax provisions, and there are all kinds of allowances. The Minister proposes to do this: Because of a particular contract made between the State and an individual which has nothing to do with this Bill at all, he proposes to cut the general benefit which is given to everybody in the land. I think the stricture which my hon. Friend the Member for Gorbals has made is perfectly correct. The Minister is either denying a general benefit because of a specific contract he has made on other grounds, or he is in effect deducting 5s. from the specific benefit which he gives on the contractual ground. There is no justification for that.
9.15 p.m.
I agree that the time to consider what should be done does not arise now. It may arise if the Minister alters the contractual benefit and raises it by 5s. without demanding an additional contribution. We shall wait and see whether that is the case. It would be out of Order to go into it now. The Minister cannot use the possibility that he or some successor in a hypothetical future may introduce some new provision by which the old contractual benefit is going to be increased by 5s. as a reason for cutting a person out of that to which members of the public are entitled. How can the Minister account for this and not see the enormity of what he proposes to do?
Let me come to the question of the first and second child which the Minister has dangled before our eyes. I may misunderstand the point but I think I have it correctly. Here is a family. It does not matter how many children there are so long as there are one or more apart from the orphan. As I understand the Clause, supposing there are one, two, three or four children, apart from the orphan, the effect of the Clause would be that, none where there is one; one where there are two; two where there are three children will get the benefit. That will come about whether the orphan is the oldest or youngest. I think the Minister is very confused on this point, if I am correct in my interpretation of the effect of the Clause. I do not think the distinction between the case of the oldest child and the youngest, when he works it out in total, will make any difference at all. If the orphan is excluded from the provisions of the Bill, there will be one less child receiving benefit than otherwise would be the case. I see no justification for it. He must admit that it is a contract broken already made, or he is excluding from benefit a person with whom he has made a contract.
I listen with the greatest possible respect, and almost invariably I am convinced when the right hon. Gentleman the Member for East Edinburgh (Mr. Pethick-Lawrence) feels he is on strong ground and intervenes in a Committee stage. I have listened to-day and I remain entirely unconvinced by his argument. He has been trying to suggest that Clause 12 stands on its own, and that the orphan is in an exceptional position. It is impossible to forget the extremely close relationship of Clause 12 to Clause 13 and I find myself completely convinced by the argument of the Minister. The right hon. Gentleman and others of his friends who support his argument are trying to suggest that the orphan is treated in an exceptional and unfair way. He is going to be treated exactly in the same way as is provided for in Clause 13. When the Minister gives an assurance that it is intended in a Bill, which we all know will come in due course, to treat the orphan in the most generous possible way, I think that the arguments of the Minister are completely convincing and I hope that the Committee will support him.
Clause 13 says that the Minister can make regulations. He is willing to accept the view that the orphan should be put into the same position as is the case in Clause 13. What we object to is that the Minister is ruling cut the case of the orphan before the contingency arises, under which the regulations would be made.
When I heard the hon. and gallant Member's contribution to this discussion I had a feeling of sympathy, on the ground that he did not exactly see the point of the question under discussion. But now, frankly, I must express not sympathy, but great disappointment at the way he deals with the position. There is a differentiation between the treatment of the child under Clause 12 and under Clause 13. Under Clause 12 you get the total exclusion of the orphan child who comes under the Widows, Orphans and Old Age Pensions Act of 1936. Under Clause 13, the other child comes within Ministerial consideration by Regulation under other legislation. It may be that this child will draw double benefit under the two Measures. There is no justification for saying that these two cases are similar. I thought it was singularly unfortunate that, in his illustration, the Minister should stop short in explaining a certain position. I understand it to be that if a child was a first child there was a possibility of certain treatment, but if it was a second child there would be a difference in treatment. I cannot see that there is any difference.
Suppose the orphan chanced to go into a family and was the eldest child. According to the Clause, he does not come within the Bill. If the family formerly had one child and now, with the orphan child, has two, then, whether the orphan child is the elder or the younger, it comes within the purview of payment. We should have had that point explained to us. If we accept the position, and it becomes law, there will be a campaign immediately against such difference in treatment. I hope that the Minister will look at the matter again.
Is not the Committee getting into a difficulty which is quite unnecessary? Some of us sympathise with the view expressed by the hon. Member for Gorbals (Mr. Buchanan). We all want to make sure that orphans get the allowance. The odd thing is that although the Minister has the same object in view, he proposes to do it by a different method and on a different occasion. We want to be sure of the position, and the Committee have not sufficient confidence that the Bill which the Minister proposes for some other occasion will necessarily reach the Statute Book.
I have considerable sympathy with the difficulties of the Minister and I can see the possibility of anomaly. I do not think the one which he suggested will be the most likely. A more common difficulty might be where the second child is the orphan. Under the proposed later legislation, the second child may be receiving 12s., and 5s. under the Bill, while the third child would be receiving only 5s. That would be an anomaly. A simple solution would be that the Minister should let the Amendment go as it is for the moment and leave the orphans covered by the Bill for the time being. When he brings in his Bill to deal with orphans he will be able to repeal these provisions. Then we should get certainty that orphans were protected.
The difficulty which arises is very real. There is a series of pieces of legislation. I am trying to put into force a whole composite scheme, and the Bill is a piece of the scheme. Those who remember the White Paper will know that the scheme has other features. The last thing I want to do is to cheat or deprive these unfortunate orphans of anything. I think it is much better that they should get their 12s. under the other Bill, but I am prepared to look at the matter again. I am perfectly prepared to consider this again, if we go on with this Bill. I will see what can be done, but I must make it quite plain to the Committee that if we are going on with this Bill I am not weakening, I cannot weaken when we come to Clauses 13 and 14, that is to say I am against the principle of duplication.
Will the Minister explain what he means by "I will look at this again." Secondly, is there any doubt as to the Minister or the House going on with this Bill?
Not at all.
What did the Minister mean by saying he would look at this again if we go on with this Bill?
What I meant to say was that I would do what I was asked to do, that I would investigate the matter in the light of the arguments raised, and discuss those arguments with my advisers, and see, on the Report stage, what I intended to do about the matter. I think that is a perfectly common form of statement.
What puzzled us on these benches was the Minister's use of the phrase "If we go on with this Bill."
Surely if the Minister covers this case by bringing in what he calls Part I legislation, that legislation will have to be retrospective to cover the cases that occur between this Measure and the subsequent Measure.
If this Clause becomes part of the Bill it will then be out of Order to refer to this matter again in any shape or form, except when we come to the Report stage. Would it not be far better for the Minister to delete that Clause now? That would be better in accordance with the usual procedure. What I understand he has in mind is this: Someone has said, "We will deal with orphans in one complete piece of legislation." Whoever has had that in mind, forgets that we have to deal with these matters as they come before us; we cannot possibly deal with matters which are not before, and may never come before, this House, or may come before it in quite a different form from that concluded by the Minister. As the Bill stands now, he has differentiated between orphans who are poor—because if they are not poor they would not be coming under the Act of 1936—and orphans who are not poor. If they are not getting any allowance under the Act of 1936 the wealthy orphans will still get the 5s., but the poor orphans will be deprived of it. I am sure that that is not what the Minister has in mind. I suggest to him that he accepts this Amendment now, and that if he proposes to do anything in regard to Clause 13 he could do so, or leave it over until his new Bill is ready.
I cannot go further than I have done. I have done what I was asked to do. I have said I will look at this matter again before the Report stage. Further than that I cannot possibly go.
Could the Minister deal with the specific point raised by the hon. Member for The Wrekin (Mr. Colegate) about bearing in mind, when he introduces his legislation, to make it retrospective?
I am afraid I cannot anticipate that.
Has the Minister not settled that?
No, I have not.
9.30 p.m.
I think there is a great deal in what has been said from the bench behind me. There is a great deal of agreement in the Committee, even by the Minister himself, but we are in this position: My right hon. and learned Friend is trying to get us so to arrange this Bill as to fit into some scheme, which at present, so far as we are concerned, is only in the Minister's mind. [ Interruption. ] It is in the White Paper, but a great many changes are going to take place, in all probability, between the issue of the White Paper and the emergence of the policy of the White Paper in concrete form. That may be all right. I am not going to cast any aspersions on any body of people, but I do not think that that is a reasonable thing to ask of the Committee. We might legislate for the position as it is. We are willing to leave the right hon. and learned Gentleman to deal with the future when it arises. All we ask for at the moment is that the interim period should be covered. We may not agree with the right hon. and learned Gentleman about duplication, but we are not asking him here and now to alter that. I am not at all clear whether it will be within the power of my right hon. and learned Friend to omit this Clause on the Report stage, even if he has come to that decision. I should want some indication at any rate that he will take steps to recommit the Bill, or to take any other action which may be necessary, if he decides in our favour. Otherwise, I think we are in a very precarious position.
I think we should be grateful to my right hon. and learned Friend for going as far as he has, but I am not sure how far he has gone. I am in the same difficulty as the right hon. Gentleman the Member for East Edinburgh (Mr. Pethick-Lawrence). I would be grateful for an explanation of why it is not possible for my right hon. and learned Friend to say, "I will make regulations in respect of children coming under the 1936 Act, who are now covered by Clause 12, as I propose to do for children covered by the various Acts noted in Clause 14." We desire to help my right hon. and learned Friend. We would like him to give an assurance that he will accept the Amendment and delete Clause 12, and at a later stage introduce into Clause 13 a power to make regulations in exactly the same way as he does under all those other Acts. If he takes power under Clause 13 to make regulations in respect of pensions under the Police Pensions Act, regulations, not necessarily the same but in exactly the same manner, should be made in respect of children coming under the 1936 Act. I hope that he will give that matter his most serious consideration.
I feel that the Minister has made an offer which, in all the circumstances, is quite reasonable. Since we are now engaged, we hope, on a series of legislative Measures to give effect to the White Paper policy, it would be unfair to any particular Minister, when he is trying to deal with one particular cate- gory of cases, to criticise him for excluding particular cases which ought to come within the category of subsequent legislation. There was a time when the Government proposed to deal with the whole matter of the Beveridge Report, and it was largely as a result of pressure from this House that they undertook to break it up, and to deal with different aspects in separate legislation. Here it is necessary, if the provisions are to be dealt with in their own appropriate legislation, that they should not be dealt with, by implication, under this legislation. My right hon. and learned Friend has indicated that he is prepared to look at this matter again, and to see whether it is necessary to exclude them from this Bill or whether they should be included.
My hon. Friend the Member for Holland with Boston (Mr. Butcher) suggests that the Minister should now drop out Clause 12, and take power to deal with this problem in exactly the same way under Clause 13. If my right hon. and learned Friend accepts that offer, it may get him out of his difficulty at the present time, but if, after further consideration, he feels obliged, under the Regulations under Clause 13, to deal with the matter in practically the same way—and I submit that, if he is going to deal with the matter properly, he will find himself obliged to do so—I think he will lay himself open to the very justifiable charge of having shown great adroitness and a lack of straightforwardness with the Committee.
May I remind the hon. Member that I said that we wished children to be dealt with in the same manner, although special Regulations might be necessary? I take his point that it might be necessary, by Regulation, to exclude the child, but I am concerned that the children are covered during the interim period from the coming into operation of this Bill and the introduction of a Bill for carrying it out properly.
I can think of nothing more unwise, when we are introducing permanent legislation, that any special Bill should be introduced in order to deal with an entirely short term interim period. That is exactly the way in which we get the worst legislation, and I feel that the right hon. and learned Gentleman has been very frank with the Committee and has made it quite plain that the orphans who come under the Widows', Orphans' and Old Age Contributory Pensions Act, 1936, are likely to be included, and I think he was entirely right to say so, though I hope he will look at it again, even if he is not able to give an undertaking to the Committee.
I have not taken any part in this Debate up to now. I am not very much impressed with the Bill, which is probably going to disrupt the wage system of this country, but that is not the point I want to raise, but rather the drafting of this Clause, which I think is most unfortunate, because people who have not heard the learned submissions of the Minister and the Law Officers and all the experts are at some time or other going to read these words:
"A child in respect of whom an orphan's pension is being paid under the Widows', Orphans' and Old Age Contributory Pensions Act, 1936, shall not be treated as included in any family."
I know that this is a sequel to Clause 3, where a family is defined, but I think it is perfectly appalling that Parliament should pass words which say that a child living with her grandmother is not part of her family. I really would ask, on real grounds of definition, that this Clause should not become law in its present form, because it would proclaim that any child whose parents are dead belongs to no family. It would inflict upon these children an appalling stigma by Act of Parliament. I agree that, if you start off drafting a Bill as you have done in Clause 3, you are probably forced under Clause 12 to include these appalling words, but you are really saying that a child who is an orphan is legally in the same state as a bastard. Is that what is meant? I agree that the Minister is shocked, as I am shocked, at these words, but I really would beg of him to make sure that, when we come to the Report stage, the definition of a family is going to be changed. I am frankly horrified that an orphan should, by Act of Parliament, be described as not being included in any family. It really is quite appalling and I am serious about it. It is a filthy phrase and it ought not to leave Parliament. I am not arguing the merits of this Clause. There may be hon. Members who understand it, I am not going to say I understand it, but I do understand these words, and I demand that before the Report stage the drafting should be altered so that we do not inflict upon Children the stigma involved in this Clause as now drawn.
I must say I am surprised at the line which the hon. Member takes. I have never, nor has anybody else so far as I know, realised that in this Clause there was any stigma. It is certainly the very last thing I wanted to express. The phrase is, "shall not be treated as included in any family." That means to say, of course, that if you have an orphan who is getting 7s. 6d. and there are two other children, if you treat him as a member of the family then you pay for all the other children. But I come back to what I think is the major point—
Before my right hon. and learned Friend gets going—
May I go on? I am going to deal with it again. I was pressed to give consideration to this matter. I listened to the arguments and I said that I would. When I say that I will I do not trick the Committee; I mean that I will. When I have said that, for the Committee to press me still further is being, if I may say so—and I say this with the greatest respect to the right hon. Gentleman—a little unreasonable, because this is a difficult problem. When I say that the Committee is to have the chance of considering it again, I shall of course take such steps as are necessary to see that the Committee can effectively consider it again, whatever that may mean. The hon. Member for South Croydon (Sir H. Williams) laughs, but what I mean by that is if something in the nature of a recommittal is necessary to allow the Committee to consider it, I am not going to rely on some technicality to prevent the Committee from considering the Clause. When I say that, I mean the Committee shall have an opportunity of expressing a view upon the Clause. As I am considering the Clause again, I will certainly look at the point which the hon. Member raised. I am bound to say my first reading is entirely opposed to his. I see nothing in this Clause which is in the slightest degree derogatory to these unfortunate people, but if there is a chance phrase which conveys the idea that they are in the same category as bastards, or something of that sort, certainly I will take the same opportunity of putting that right. In that way I shall fee killing two birds with one stone. That being so, I ask the Committee to accept my assurance and let us get on.
Before we get on, as the right hon. and learned Gentleman treated my point rather lightly, I am making a second speech. I do not like my protests treated lightly and when he referred to recommittal, I do not know what he meant because, as I read this Clause, this is not the kind of Clause that requires recommittal. We only recommit a Clause if there are Amendments which impose a charge. I do not think this Clause falls in that category. Therefore, it is not on recommittal but on the Report stage. So I would ask the right hon. and learned Gentleman—if I am right, and I think I am—to consider his procedure a little more carefully before he treats as flippantly as he did the suggestion I made. I am not concerned with another place, I am concerned with the place where I have a voice, and I would ask the right hon. and learned Gentleman to be a little more careful. This Clause, as it stands, is, I think, filthily drafted. It is no good saying that Parliament did not mean that. That is not the point. It is what may happen later on when somebody goes to a solicitor to consult him and is told, "Well, of course, your grandchild by Act of Parliament is not included in any family." I really would ask the right hon. and learned Gentleman to think again on this. It would not sound too good on a public platform, would it, if I said, "The Minister of National Insurance has accepted a Clause which says that people's grandchildren, where the father and mother are dead, are not included in any family"? In the light of that, I hope the right hon. and learned Gentleman will consider the matter seriously, because I think the drafting is the worst drafting I have ever seen.
Question put, and agreed to.
Clause ordered to stand part of the Bill.
CLAUSE 13.—(Adjustments or exclusion in case of children for whom allowances etc. are paid under provisions relating to the services, war injury, policemen and firemen.)
9.45 p.m.
I beg to move, in page 9, line 24, leave out "out of moneys provided by Parliament."
This Amendment, and the series of Amendments in the name of my right hon. and learned Friend which follow, are mostly designed to bring out the implicit meaning of this Clause. This Amendment is meant to deal with the case of members of His Majesty's Forces who receive their allowances not from moneys provided by Parliament but perhaps from the Indian, or Colonial, or Dominion Governments.
Amendment agreed to.
I beg to move, in page 9, line 26, leave out from "beginning" to "in," in line 27.
This is a drafting Amendment.
Has not the hon. Gentleman gone rather too far? It looks as if the Minister might make Regulations for the reduction or withholding of the allowance under the Bill in respect of a child. A child might be excluded if money from anywhere, from any private person or company, is being paid in respect of disablement or death.
I am considerably alarmed at the widening of the Clause by this Amendment. Let me put this case to the Minister. Suppose an employer decides to make a grant or payment to the child of one of his employees who was killed while serving with the Armed Forces. Would the Clause, as it is now to be amended, give the Minister power to withhold the allowance? Again, supposing the National Association of Local Government Officers deliberately made a grant, or paid a pension, to a child of one of their members who was killed in action, would the Clause apply to a case of that kind? The Minister shakes his head to indicate that it would not, but it could be construed in a court that it would cover cases of that kind.
I think the important words are those contained in the fourth line of the Sub-section:
"for whom an allowance or other addition to emoluments is being paid."
I think those words cut out anything in the nature of an employer's contribution or an insurance contribution. It refers to the emoluments Service personnel are getting and an addition to them.
I do not think it is sufficient for the Minister to say what he means. What we have to take account of is the interpretation which the courts will place upon the Bill when it becomes an Act. There is reference to a child getting an allowance. An allowance from whom? That is not mentioned in the Clause. I appeal to the Minister to take greater care in these matters from the point of view of what interpretation the courts will give and not what he or the Parliamentary Secretary has in mind as to what is the meaning of any phrase. I have been in the House a long time, and I have often been stung in this matter of what the Minister has said and what the courts have decided. I suggest that the Committee accept the Amendment on the assurance that the Minister will see that there is a proper wording of this provision.
I am ready to give an assurance that I will see that the words do carry out my intentions and that they are not too wide. I will ask the draftsmen to look into the matter. I agree with the hon. Member for Camlachie (Mr. Stephen) that what matters is what is in the Bill and not what is the Minister's intention. We must see that the words are apt and correspond with what is the common wish of all parts of the Committee.
Amendment agreed to.
I beg to move, in page 9, line 29, leave out "out of moneys provided by Parliament."
Are we not to have any explanation of these Amendments? With all respect, I must say to my right hon. Friend that we have not given him very much difficulty so far, but we must have more explanations of these Amendments, and not rush them through.
I hope I have not been guilty of any discourtesy to the Committee, but I attempted to give an explanation, possibly without success. The object of the Amendment is to deal with a situation in which Members of the Forces are receiving allowances or pensions not from Parliament in this country, but from funds put at their disposal by the Governments of India, of the Dominions, or of the Colonies.
Amendment agreed to.
I beg to move, in page 9, line 42, after "Act," insert:
"or of the Special Constables Act, 1914, as amended by the Special Constables Act. 1923."
We want to bring special police into this Clause, and we do it simply in this way.
Am I right in believing that the effect of this Amendment is that the money which a special constable may receive for a pension will not be in any way touched until the Minister makes the Regulation? I want to make an appeal to the Minister. The worst way to get on with the Bill is to be too brief. Will he give an explanation of this Amendment?
We made this mistake. I thought that the Police Pensions Act, 1921, dealt with the pensions of all the police but I find that it does not deal with the pensions of special constables, who have their own special Act. If I am going to bring them in I have to say the Special Constables Act, 1914. That is the Amendment that I have to bring in. Nothing happens under the Clause unless and until Regulations are made and approved by the House. We are not doing anything against special constables.
There are many classes of pensions. The pension under the Special Constables Act is, I presume, an injury pension. Does a pension under the Special Constables Act include provision for widows and children and, if so, what are the terms of such pensions? We ought to know before we put it into the Bill what exactly are the pensions which we may modify by the Regulations which the Minister may make and in respect of which there will be an affirmative Resolution.
The only pensions that we are considering are those which involve an allowance in respect of a child for whom an allowance or other addition to emoluments is being paid. We are not considering the pensions of special constables as such. The provisions under the Act are exceedingly complicated. It makes all the difference, for instance, whether a policeman is killed in arresting a burglar, or stopping a runaway horse, or getting pneumonia while on point duty. All sorts of rates apply. Where a child is getting an allowance under the Act, and will get it under this Bill, I have the right to make Regulations, and I will tell the Committee on the Question "That the Clause stand part of the Bill" exactly why I am doing it.
The right hon. and learned Gentleman put these words on the Paper and we presume that he knows why he did it. Suppose a special police constable is killed and he has children of the age covered by this Bill; what will they get under the law as it now stands? Obviously the purpose of putting this in is to alter the law. If the constable dies of pneumonia, what will the children get; if he is killed in stopping a runaway horse, or if he is killed otherwise, what do the children get under the Special Constables Act? They would not have put these words on the Order Paper unless they knew why they put them there, and we want to know what effect this will have on the Regulations which the Minister or some successor may submit to Parliament. We ought to know what we are putting in the Bill.
10 p.m.
It presumably means that there will be certain children who will qualify for the allowances under this Bill or will qualify for allowances in a different set of circumstances and under special provisions made for them. If they qualify under special provisions they will not qualify for an additional allowance under this Bill. We must wait for the Question "That the Clause stand part of the Bill" before we can follow what the Minister has in mind.
Surely we are to have an answer from the Minister. I have asked three specific questions. If the Minister does not know the answers, which is quite conceivable, I do not blame him, and he ought to withdraw the Amendment and put it down on Report when he is in a position to state the facts.
The same principle applies to all the Amendments.
Surely my hon. Friend the Member for South Croydon (Sir H. Williams) is wrong for once. Under the various Acts mentioned in Clause 13 there are differing rates and allowances, and if the Minister is to be asked to give details of the Special Constables Acts, he ought in logic to give details of all other Acts referred to. What is the purpose of having them until the Regulations are brought forward to be confirmed by the House?
I submit that the proper procedure in Committee would be for the Minister to seize upon one of these Amendments, which all raise the same principle, and use it as an opportunity to explain why the Amendments are being proposed. We are accustomed to that procedure in Committee, and it is putting the cart before the horse to ask the Committee to agree to the Amendments before we are told what is the general principle underlying them all. We can then discuss the general principle. May I, therefore, with your permission, Major Milner, invite the Minister to explain the general principle underlying these Amendments or the one now before the Committee?
I am agreeable to that course. All these Amendments have this in common, that they are on topics in regard to which a review is now taking place. In the case of the Services, it is the hon. Gentlemen the Service Ministers and the Chancellor of the Exchequer, and in the case of the Police, it is the Home Secretary and the Chancellor of the Exchequer. They are trying to fix up scales which are proper and appropriate for the future. My task, as I see it, under Clause 13 is a simple one, and I do not think the Committee will have any objection to what I propose to do. I propose, when these negotiations are over and the review is concluded, to ask those who have conducted them this question: "I understand you have arrived at certain figures?" They will say, "Yes." I shall then say, "Did you arrive at those figures on the basis that there were to be family allowances, or did you arrive at them on the basis that there were not to be family allowances? Tell me what the answer to that question is, and then I will bring in any necessary regulations." I think that is obviously the right thing to do. It is certain that during these negotiations one side or the other must say, "Let us understand each other; is the discussion on the basis that family allowances are to be paid on top of the other allowances, or is it on the basis that the other allowances are to be all-embracing and include family allowances?" On one basis or another they will arrive at an agreement, and I, with my regulations, will say "I am carrying out the agreement you have come to." All these matters are now in negotiation and it seems to me that the course I have quoted is convenient and right.
I am very grateful to the right hon. and learned Gentleman for having explained the position so lucidly. Now, of course, it is revealed to the Committee that we are discussing an extremely important situation. Why should discussions about these various classes of persons be prejudiced or influenced by the Family Allowances Bill? I hope I am in Order, Major Milner, because we are in fact at the moment covering the question that the Clause stand part of the Bill. The Minister may make regulations for the reduction of the allowance. That astonishes me. It can be discussed on the next Clause whether an allowance may be withheld by the Minister because payments are being made under another Statute, but to adjust the actual amount of the payment because of some allowance made under another Statute seems to me to Bowdlerise and beggar the whole Bill. I must say I thought that on the whole this Bill was a very good piece of Parliamentary draftsmanship, in spite of what has been said. Each Clause is plain, and people can understand what it means. In this particular regard, my right hon. Friend seems to me to have spoiled his whole scheme. We are discussing whether a child at a certain age will or will not have the payment of 5s. a week made to the responsible person in charge of him, irrespective of income. In the first sentence of this Clause, in fact, the actual amount of money may depend upon some other sum being paid to the child, and regulations may be introduced varying the 5s. by any amount.
I must point out that if we are to have a general discussion now, it can only be on the understanding that the Question, "That the Clause stand part of the Bill," is to be taken without discussion. If that is the agreement of the Committee the discussion may proceed on that basis.
On a point of Order. Will it be in Order to discuss paragraphs ( a ) and ( b )?
Yes.
May I raise a further point of Order? If we are to have a general discussion, it will be impossible for the Committee to discuss Clause 13, without also overlapping into a discussion on Clause 14, and I want to know whether it will be a general discussion to cover them all.
I do not think we can do that at this moment.
If we are to have a discusion in that way, may we have an explanation of the Amendments dealing with Sub-section (2), which seem again to widen the scope and are far wider than the Amendments proposed in regard to those which have already been moved?
May I ask the right hon. and learned Gentleman whether what he has already stated to be the principle on which children's allowances are to be adjusted is intended to be a statement of Government policy? The whole point of bringing in children's allowances was a whole series of payments made to children due to other Acts. I gather that he is going to adjust children's allowances according to other Acts.
I must point out that the hon. Member for Ebbw Vale (Mr. Bevan) was in the possession of the Committee.
If I get the meaning of the Clause properly, I do not think the right hon. and learned Gentleman will succeed in inducing the Committee to agree to it. When we come to Clause 14 we are to discuss whether certain categories of persons excluded from Family Allowances ought to be included or not. We are going to approach a very important question of principle. The issue to which the right hon. and learned Gentleman is addressing himself in the Clause is, that there are certain classes of persons who receive, under a number of Statutes, certain payments in respect of children, and he wishes to have power under the Regulations to vary the benefits of this Bill, if he wishes to do so, in accordance with the payments made under those Statutes. At once, in my submission to the Committee, the whole basis of the Bill goes. When the right hon. and learned Gentleman says that he will have power by Regulation to vary the amounts, the figure decided upon by the Minister will have a relationship to the amount of allowances accorded under the different Statutes. At once, we have got a means test and the adjustment of those allowances to the allowances accorded under the other Statutes. So we have departed from the whole basis of the Bill.
If an agreement is made that they are to have 3s., presumably the Minister will make a Regulation to give an addition of 2s. The Regulation will, on his own statement, be adjusted to the amount of money accorded to the child. We have not been discussing any of these terms at all. We have been discussing the payment of 5s. to the child per se independent of the needs of the parent or any other qualifications. If we carry Clause 13, and the Amendments suggested by the right hon. and learned Gentleman, we are prejudging Clause 14. That Clause embodies the principle, which we are so very anxious to reach at some time or other, by which certain people who are in receipt of allowances from the State are to be excluded from the benefits of this Bill. Under Clause 13 those persons may be partial recipients of benefits under this Clause, dependent upon the amount of allowances they have already negotiated with the authorities, and embodied in other Statutes. In fact, as far as I can understand, the statement made by the Minister torpedoes the whole symmetry of the Bill. The Minister dissents; then there will be an opportunity of explaining it later.
10.15 p.m.
I may be misunderstanding the matter, which will be due to my own obtuseness, but I think the Minister has not taken advantage of his opportunities to make it clear to the Committee. I understand that he is seeking to take power by Regulation to do what he should do by Statute. There is no reason why he should leave this out. I do not think the Committee will agree to the 5s. being adjusted to any other allowance. The 5s. is either paid or it is not paid. The second point is that if the right hon. and learned Gentleman is seeking to introduce new categories of recipients, why not do it in the Bill? If he is seeking by Regulation to bring in as recipients children who are not included in the Bill, why does he not do it now, in the Bill? On both of those counts the Minister cannot have his Clause—if I understand the position.
I wish to supplement what the hon. Gentleman has said by raising another question. I am very puzzled by this Clause. I and some of my hon. Friends tried earlier in the Debate to introduce words which would have attached the amount of the allowance to the children. We were told, "No, the allowance belongs to the family." Now we are being asked to treat the allowance as attached to particular children. How can the Minister possibly carry out the procedure which he described to us? How can an answer be given? Whether a particular child will carry an allowance will depend entirely on the state of the family. I submit that the Minister is asking us to torpedo the whole principle of the Bill. I thought we were being asked in the Bill to grant some extra payment to help families with a certain number of children to live in larger houses than otherwise, etc., but this Clause means that we axe being asked to allow the Government to remove the whole of that benefit. I do ask the right hon. and learned Gentleman to reconsider the point.
I would also ask the Minister to reconsider the Clause. The ex-soldier, the soldier's widow, and the disabled soldier, as well as the serving soldier, will form the largest category to benefit by the Bill. Now we are to bring in further categories of people who are receiving State pensions, or a pension which, if not granted wholly by the State, he is receiving because he had a contractual right by reason of the contributions he had paid.
To begin talking about altering contracts like this is carrying things too far. Let us take another case. The railway companies, which are not State-owned organisations, sometimes pay pensions to widows of their employees. Other employers frequently pay pensions to widows and children. Those cases are not touched by this Clause. The only persons who are touched are those who have entered into a contract with the State to fight for the State. No one can defend that position.
I do not take the rooted objection to this Clause which some people do. The next Clause is the one with which I am most concerned. The reason is that I am an old Parliamentarian and I think I know all the dodges of this place. I know that no House of Commons would ever allow the family allowance to be taken from the man who has served the country. That is why I want the same type of Clause in both cases. No one out of Bedlam would ever allow the widow of the man who had died in His Majesty's service to be touched. No House of Commons, whether it contained a majority of Members from the other side or of Members from this side, would touch those people. The country would not allow it to be done. Therefore this thing is just valueless nonsense. The Minister talked about consultations taking place. Between whom? I expect between the Government Departments concerned—the War Office, the Admiralty, the Air Ministry, and the Minister of Pensions, who was not mentioned. Indeed, he is the biggest man of all. Not only have conversations to take place there. Local authorities are involved to some extent. There will have to be some consultations in their case also.
May I offer this advice? I remember a man, who has been traduced in this country, standing at the Box. He was called Neville Chamberlain. At one time he introduced what was a big reform—the granting of widows', orphans' and old age pensions for the first time on a non-means test basis. Why did he fail? There were in that Bill a lot of mean little things, such as refusing the pension to a man receiving workmen's compensation, so that when the Measure began to operate, instead of Mr. Chamberlain getting credit for it, everybody with a grievance wrote about it. The Measure we are considering ought to be one of the most beneficent Measures I have known to raise the child's standard of life. Our aim is to give the child decent housing, decent food, decent education. What I am criticising are petty things, which would spoil an otherwise great Measure. I ask the Minister, who is not without human considerations, to turn again to this question, to go back to the Chancellor, because there is only one consideration—finance. For the sake of the difference between what the Measure is and making it a big, comprehensive Measure, let him turn back, and recast it.
I think the hon. Member has failed to appreciate what I said. When I started with this Bill I found myself in this position. These negotiations were actually in progress.
With whom?
Between the Chancellor of the Exchequer on the one hand and the Service Departments and the Ministry of Pensions on the other.
It is quite improper to describe discussions between Government Departments as negotiations. They are all servants of the Crown. Discussions, yes. But the word "negotiations" always implies discussions with people outside.
It is obvious that they may have discussions also with organisations like the British Legion. Is it not inevitable that in the course of these negotiations, or discussions, whichever you prefer, there must be consideration as to whether the sum fixed is to include family allowances? If so, that is one figure arrived at. Or is it a figure arrived at on the basis that in addition there shall be family allowances? Everybody would agree that if the figure is arrived at on one basis it would be wrong for me to go on a different basis by regulation. Suppose, for instance, you have arranged 15s. a week, on the basis that nothing else is to be paid by way of family allowances. It would then be wrong to give 15s. a week, and 5s. a week family allowance on top of it. Finding myself in that position, with these topics under discussion, I must await the result of the discussions. If they are on the basis that family allowances are to be paid in addition, well and good. If they are on the contrary basis, I must do the contrary. In any case, the Regulations will be subject to an affirmative Resolution.
Negative.
If the hon. Member will read the Bill more closely he will find that the Regulations are subject to an affirmative Resolution. I do not know whether it would be the wish of the Committee to go on with this discussion longer to-night. It may be that there is something to be said for the point of view that this Clause and Clause 14 are rather closely linked, and I understand there is a manuscript Amendment to be moved at the end of this Clause. Before we embark on what might be a prolonged discussion, I might be interpreting the wish of a large number of Members of the Committee if I suggested that we might at this stage report Progress.
Motion made, and Question proposed, "That the Chairman do report Progress, and ask leave to sit again."—[ Sir W. Jowitt. ]
Am I to understand from the Minister that when we resume our sitting we shall be discussing Clause 13 and Clause 14 together?
That is a matter for the Chair, not for the Minister.
10.30 p.m.
Can the Minister say on what authority the Ministry of Pensions, the Service Departments, or the Home Office, who are involved, can discuss allowances in relation to the Family Allowances Bill which has not yet been passed by the House?
That is not the point under discussion. The point is that when these matters are being discussed it is inevitable that the question will be asked, "Is this excluding or including family allowances?" and I shall make my Regulation accordingly.
Surely there must be some direction.
None whatsoever.
I see no reason why at this stage we should report Progress. A big issue is raised here: whether we should allow the Minister to defer consideration of this important principle because negotiations or discussions are going on between Government Departments. It seems to me that we in this Committee should decide on this question of principle. I am not very much impressed by the argument that we should consider now whether the police force of ten or fifteen years ago, subject to particular terms and particular conditions, should be asked whether or not their particular contract was made subject to the grant of family allowances in years to come.
I would ask the hon. Member to confine himself to the Motion before the Committee.
I would say then that I hope we do not report Progress at this stage, but that we do in fact make progress, and decide this issue. It could be and should be decided here and now. We have had considerable discussion on it and surely we can arrive at a decision as to whether or not the pensioned children of deceased soldiers should have their family allowances in addition to the pension or not. That is the real principle at issue here. We have been told on many occasions, "Your pay may be lower, but look at the pensions awarded, look at the allowances for children," and it seems to me we could decide here and now whether they should be added or deducted. I hope we do not report Progress until we have had further consideration of the Clauses.
We ought to accept the Motion to report Progress. There are several important principles involved, and I say frankly that we ought not to go any further after these long hours of sitting. I have sat through the whole of this Debate, and I think at this stage the Committee should accept the Minister's Motion, so that we can come back to these very important problems, which have so many important aspects, with fresh minds.
I also would support what has been said by the hon. Member for Llanelly (Mr. J. Griffiths). It seems to me that the Minister was seeking to interpret the wishes of the Committee when he proposed that we should report Progress, and I do not think it is very gracious to take the line that we should not do so. He was quite definitely seeking to meet the wishes of the Committee. The Member for Llanelly said there were very important issues involved in these two Clauses. After all, we have been occupied with this Bill for a long period to-day, and after the criticisms that have been advanced it would be wise to give the Minister and the Government an opportunity of considering what has been said before we renew discussions of these Clauses. I hope the Committee will agree to report Progress. It is not often that I have a good word to say about a member of this Government. I do not like it as a Government, but it has been obvious during the discussions that the Minister has been seeking to meet the wishes of the Committee in so far as he could do so, and it would be only gracious now to accept the Motion to report Progress.
I also agree that we ought to report Progress, but do I understand that we are not going to be able to discuss this Clause?
No.
I support the proposal to report Progress because I think my right hon. and learned Friend is genuinely trying to interpret the feeling of the Committee. It is not only Members who are required to remain in this building. There are others who were on continuous duty on Tuesday, Wednesday and to-day and it would be better to debate the matter later on.
I understand that we could debate this on the Question of the Clause standing part of the Bill.
The Debate would be resumed precisely where it left off. The arrangement I understood the Committee to agree to was that we had a general discussion—which in fact we were having—on an Amendment, and that we should not have a repetition of the discussion at a later stage when I put the Question, "That the Clause stand part of the Bill."
It seems to me that when we come to resume our discussion of this matter we might be facilitated if the Government would address itself to this point: Clause 13 unfortunately comes before Clause 14; if Clause 14 came before Clause 13 our whole position would be very much simplified, because if the manuscript Amendment my hon. Friend the Member for Llanelly (Mr. J. Griffiths) has put in were carried, Clause 13 would die.
To which Clause is the manuscript Amendment to be moved?
Clause 14.
The hon. Member said Clause 13.
The manuscript Amendment is to Clause 13 and would therefore come before the Committee before I put the Question, "That Clause 13 stand part of the Bill."
The substance of the point is unchanged and the question is whether certain categories left out shall be beneficiaries under the Bill. If they were all made beneficiaries Clause 13 would die, because Clause 13 modifies those beneficiaries. Would the right hon. and learned Gentleman consider postponing discussion of Clause 13 until we have discussed the main principle of Clause 14? Then, in the light of the discussion of Clause 14, we could return to the discussion of Clause 13.
I do not think that would be possible. The Committee has already amended Clause 13.
I think the Committee is of the general opinion that we should report Progress, but I would ask whether the right hon. and learned Gentleman could not indicate that he was sympathetic to the suggestion that has been put forward. So far as I can judge from his speeches, he has not shown any inclination to meet the wishes of the Committee. It seems to me that if we report Progress there is the chance that nothing more can be done about the matter at all.
Question put, and agreed to.
Committee report Progress: to sit again upon Tuesday next.
Forestry [Money]
Resolution reported:
"That for the purposes of any Act of the present Session to make provision for the re-constitution of the Forestry Commission and as to the exercise of the functions of the Forestry Commissioners, the acquisition of land for forestry purposes and the management, use and disposal of land so acquired; and in connection with the matters aforesaid to amend the Forestry Acts, 1919 to 1927, and certain other enactments relating to the Forestry Commissioners, it is expedient to authorise:
Resolution agreed to.
Statutory Rules and Orders, Etc
Ordered:
"That the Second Special Report from the Select Committee on Statutory Rules and Orders, etc., be now taken into consideration."—[ Colonel Sir Charles MacAndrew. ]
10.42 p.m.
I beg to move,
"That the Select Committee on Statutory Rules and Orders, etc., have power to report to the House, from time to time, any memoranda submitted or other evidence given to the Committee by any Government Department in explanation of any Rule, Order or Draft."
As the House knows from the Second Special Report of the Select Committee on Statutory Rules and Orders the existing difficulty of the Members of the Committee being prevented from giving to the House evidence which they receive in the Committee, creates an unsatisfactory position, and the object of this Motion is to provide that information which is given to the Committee, can be passed on to the House. That cannot be done now, and, therefore, the House is not always able to ascertain the reasons why the Committee draw attention to certain Orders. I think the change is most desirable.
I beg to second the Motion.
10.43 p.m.
The Government are in full sympathy with the abject of the Motion, but there is one point which we want to get clear. Certain memoranda and evidence will be provided for the Committee in confidence. This is going further than the original request to the House when the constitution of this Committee was first mooted. The Government want the Committee to have the fullest information, and, also, the best possible relations to obtain between the Committee and the Departments whose Orders will be considered. I think everyone will realise that in certain cases it would be infinitely preferable that matters put before the Committee should not be given publicity, and in those instances we hope that the Committee will not report the memoranda and evidence. This is not a new departure. It is only bringing the procedure of this Committee into accordance with the procedure of the Public Accounts Committee and other well-established Committees of the House. Therefore, we hope that my hon. and gallant Friend who moved this Motion will be able to give the assurance that that will be the principle on which they will work. On that basis I am sure we shall all agree with the Motion.
I am very glad to give the assurance for which my hon. and learned Friend asks.
Question put, and agreed to.
Adjournment
Resolved: "That this House do now adjourn."—[ Mr. Buchan-Hepburn. ]
Adjourned accordingly at a Quarter to Eleven o'Clock.