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Commons Chamber

Volume 490: debated on Monday 9 July 1951

House of Commons

Monday, July 9, 1951

The House met at Half past Two o'Clock

Prayers

[Mr. SPEAKER in the Chair ]

Private Business

SWINDON CORPORATION BILL [Lords] (By Order)

Read a Second time, and committed.

Petition (Tyler's Common, Upminster)

I beg to ask leave to present a Petition signed, I understand, by a numerical majority of the commoners of Tyler's Common, Upminster, and by many hundreds of other inhabitants of Hornchurch.

The Petition shows that Tyler's Common has existed as common land since at least the time of his late Majesty King Edward the Confessor and that both the people of Hornchurch and the commoners have enjoyed certain defined rights on it since time immemorial, but goes on to allege that recently "without show of right, wrongfully and illegally" the Essex County Council, together with a Justice of the Peace, one Denis de Rougemont, have enclosed this ancient common,

Oral Answers to Questions

Ministry of Supply

Rocket Ranges, Woomera

asked the Minister of Supply if the Woomera rocket range is now in full use; and to what extent his Department is responsible for its operation.

It would not be in the public interest to answer the first part of the Question. The ranges are operated by the Long Range Weapon Board of Administration, Australia, in close collaboration with the Ministry of Supply.

In view of the great deal of information that has appeared in the technical Press about the progress of guided missile development in Australia and elsewhere, is not the House of Commons entitled to a statement from the right hon. Gentleman?

I should be very happy to make such statements as I can, but I would rather not answer the Question which the hon. Gentleman puts to me: whether the range is now in full use.

If I put down a Question asking for a statement, will the right hon. Gentleman at least say what has already been said in the technical Press?

I will do my best to answer the hon. Gentleman's Questions so far as security permits.

Engineering Firms (Raw Materials)

asked the Minister of Supply, in view of the shortage of raw materials in engineering firms, what steps he is taking to ensure the employment of men in works so affected; and what financial arrangements are being made to cover the uneconomic working of plants.

I regret that I cannot ensure continued employment where there is a shortage of materials. My right hon. Friend the Minister of Labour has, however, asked employers, through their associations, to let local employment offices know in good time where there is likely to be redundancy. Similarly, trade unions have been asked to advise workers whose jobs are coming to an end to register at local offices while they are still employed, so that there may be an opportunity of helping them to find other work without any interval of unemployment.

The financial arrangements of engineering firms are matters for the managements concerned.

Is not the right hon. Gentleman aware that trade unions in the North of England have asserted that employers are being asked to go slow, and that this is neither fair to the workers nor right for the economic use of the plant? Has the right hon. Gentleman been in touch with the trade unions and the employers' associations in order to thrash out this very difficult problem?

Yes, Sir. I am in constant touch with the trade unions and employers' associations.

Would the Minister not agree that the only right and proper solution of all these problems is for the Government to resign?

Is not the condition described by the hon. Lady the inevitable result of trying to load on to the engineering industry a re-armament programme beyond its capacity in either labour or materials?

Atomic Power

4 and 5.

asked the Minister of Supply (1) if he will make a statement on the development that has taken place of the use of atomic power for industrial purposes; how far new metals, alloys and ceramic materials have been improved in readiness for meeting the needs of reactors; and if he is satisfied that sufficient numbers are receiving technological training to provide all who may be required in the use of atomic power for industrial purposes;

(2) if he has made an estimate of the potential economic value and use of atomic power; with what results; if he will give an estimate of the relative cost of generating electricity by present methods, compared with the cost if generated by atomic power, and of the saving in coal; if consideration has been given to the potential importance of the prospect of the development of backward areas by atomic power industrialisation; and what action is to be taken.

As the answer is rather long, I will circulate it in the OFFICIAL REPORT.

Following is the answer: I informed the hon. and learned Member for Aberdeen, North (Mr. Hector Hughes), in reply to a Question on 3rd July, 1950, that considerable progress had been made in the planning of nuclear reactors for use as power units, and in the development of the necessary facilities for investigating materials for use in such reactors. This work has continued and considerable progress has also been made in the technology of the special materials required for reactor construction. Design studies of experimental reactors for marine propulsion and for static use are in progress.

It is too early to make any reliable estimate of the relative cost of generation of electricity by present methods and from atomic power. There is, however, a reasonable prospect that generation from atomic power can be developed on a large scale, and that ultimately the cost will not differ greatly from that of power from conventional sources. The relative cost will vary from place to place, according to the local availability and cost of coal, and to other general economic factors. Generation from atomic energy is, therefore, likely first to offer advantages in particular places, which may include some of the backward areas to which my hon. Friend refers. It is, however, too early to form definite conclusions or to prepare plans for action.

The Research Establishment at Harwell and the production establishments provide technological training courses to staff the atomic energy project itself, and consideration is being given to extending this type of instruction to pupils from industry. The general question of education in preparation for the wide use of atomic power is a matter for my right hon. Friend the Minister of Education.

Transferred Staff

asked the Minister of Supply what transfers of staff are taking place from his Department to the Ministry of Materials.

About 175 non-industrial staff and 12 industrial employees will be transferred from my Department to the Ministry of Materials.

Would this include all the civil servants who have been dealing there with the materials which will be transferred from the right hon. Gentleman's Department to the Ministry of Materials?

Military Transport Aircraft

asked the Minister of Supply for what new types of military transport aircraft have orders been placed under the re-armament programme.

No orders for new types of military transport aircraft have yet been placed under the re-armament programme.

Questions about the requirements of the Air Force should be directed to my right hon. and learned Friend the Secretary of State for Air.

Is the right hon. Gentleman telling the House that the Royal Air Force and the Army have no requirements for transport aircraft? Surely he cannot mean that.

The question of the requirements of the Air Force must be put to the Secretary of State for Air. We effect orders according to the requisitions which come to us from the Service Departments.

As the aircraft industry can only produce a certain number of aircraft, will the right hon. Gentleman exert his influence on his colleagues to see that our Forces are adequately equipped with transport aircraft? If not, will he say why not?

The choice of aircraft which the Air Ministry require is, of course, mainly a matter for them. We are in constant touch with the Air Ministry about the full employment of the aircraft industry of this country.

Comet Aircraft

asked the Minister of Supply what is the estimated cost to be borne by his Department of the development of the Comet; and how much of this sum it is anticipated will be recovered through the sale of production aircraft.

The estimated cost to be borne by my Department of the development of the Comet, excluding the engines, is about £1½ million. If the estimated sales of production aircraft are achieved, we expect to recover the whole or a substantial part of this expenditure.

asked the Minister of Supply if he will make a statement on the tests of the Comet Mark I aircraft.

Is the Minister aware that last week the Secretary of State for Air said that the Air Force was to be equipped with four jet transport aircraft? Are the Comets the ones he had in mind?

Army Cars, Continent (Reconditioning)

11, 12 and 13.

asked the Minister of Supply if he is aware that (1) vehicles used by the British Army on the Continent and rebuilt and reconditioned in this country are inspected by four inspectors with power to return the cars to the contractor on account of trivial scratches, involving waste of public money, labour and materials; and whether he will take steps to stop this waste and reduce the number of unnecessary inspectors;

(2) 1947 model motor cars, having been used as little as 5,000 to 30,000 miles by the British Army on the Continent, are rebuilt and reconditioned in this country for £300 each; that, after use by Government Departments, some cars have been declared redundant after 2,000 miles, and, as inspectors may not reassess such cars as reconditioned vehicles, are returned to the contractor to strip out to Class I condition, which may cost a further £300; and whether he will take action to stop this waste of public money;

(3) when motor cars used by the British Army on the Continent are rebuilt and reconditioned in this country, inspectors require stripping out or new fittings for trivial reasons, but involving unnecessary expenditure; and what steps he proposes to terminate this waste of public money.

With permission, I will answer this Question and Questions Nos. 12 and 13 together.

On a point of order. I request separate answers in view of the fact that my first Question covers fighting vehicles and the other two refer solely to staff cars.

The Questions are closely related, and I can adequately answer them together.

The right hon. Gentleman said "With permission." Permission has not been granted.

I did that on a previous occasion, Sir, and I thought the House did not want me to take up time unnecessarily.

The answer to the Questions is: Motor cars used by the British Army on the Continent are not normally returned to this country for overhaul by my Department. A number of surplus cars used by the Control Commission for Germany have been returned to this country and some are at present being reconditioned for use by Government Departments. Everything possible is done to carry out this work with due regard to economy in cost and the use of manpower. As a general rule each vehicle is inspected by one inspector only. If the hon. Member will let me have details of any repairs where he believes there has been unnecessary or trivial work undertaken I will make inquiries at once.

Is the Minister aware that cars which are reconditioned in this country are inspected by a workshop inspector, then by a fighting vehicles inspector, then sent to a reception depot where they are again inspected by two such inspectors, when they are sent to the contractors and the whole of the inside has to be stripped out, including—

That is not a question but an apparent statement of fact. The hon. Gentleman must ask a question.

The information which the hon. Gentleman gives in his supplementary, and which is contained in these Questions, is quite contrary to the information in my possession.

Is the Minister aware that a contractor in my constituency has been required, in the rebuilding and reconstruction of cars, to strip out carpets costing about £9 10s a time regardless of their condition, and has been required to spend hundreds of pounds for quite trivial reasons?

If the hon. Gentleman can give me any instance where the instructions are not carried out I will, of course, go into it immediately, but I am not aware of any such instance.

For what reason are staff cars sent from Germany to this country for repair? Cannot they be dealt with by R.E.M.E.?

I said in the first part of my reply that War Office cars are not sent to this country from Germany. It has not happened for a long time. Some cars belonging to the Control Commission have been returned to this country, because they can be put to very good use in Government Departments here and, where necessary, the repairs are made before they are returned.

In view of the content of my hon. Friend's supplementary, would the right hon. Gentleman personally inquire into the matter to see whether the facts are correct?

That is what I offered to do if the hon. Member would be good enough to send me the facts.

Will the Minister bear in mind that the quality required and inspections are so rigid that contractors are bound to cover themselves and that that in itself leads to a serious waste of public money?

Scraps Metals, North Africa

asked the Minister of Supply whether he is aware that large quantities of scrap metal and non-ferrous metals are being shipped to Italy from the desert clearance scheme in North Africa: and, in view of the shortage in this country, if he will take steps to divert it to this country.

I have no information about the quantities of ferrous and non-ferrous scrap metal now being shipped to Italy from the desert in North Africa. There are a number of serious practical difficulties involved in securing scrap from this source for the United Kingdom, but in view of our great need of scrap I have arranged for the matter to be further investigated.

How is it the right hon. Gentleman has not the information, because I have been able to get it? Is he not aware that 500,000 tons of scrap metal and 70,000 tons of non-ferrous metals have been shipped through the desert clearance scheme in North Africa to Italy? Do we not need this scrap very badly in this country?

We have got fairly large quantities of scrap from these territories. There are, I believe, comparatively small quantities left, and there are technical difficulties about shipping them to this country apart from the cost, but I will look into the matter once more.

In view of the great hardship both to manufacturers and to the men who are on short time at present owing to the shortage of metal, is it not remarkable that the right hon. Gentleman has not got more information about this considerable stock of metal? Will he not take energetic measures to do something about it?

I have a great deal of information about it. In recent years we have been able to get large quantities of scrap from North Africa. I do not know the exact quantities left, but there are bits of tanks scattered all over the place. I do not know how many or what the total tonnage amounts to, but the total cannot be much.

National Insurance

Death Grants

asked the Minister of National Insurance why payment of a death grant is refused to the next-of-kin when the funeral expenses have been paid by a bank as executors of the deceased's estate.

The Parliamentary Secretary to the Ministry of National Insurance
(Mr. Bernard Taylor)

The fact that a bank acting as executor has paid the actual cost of a funeral would not prevent payment of a death grant to a next-of-kin who had incurred appreciable expense on, for example, mourning or attendance at the funeral. If the hon. Member has a case in mind perhaps he will let me have details.

The hon. Gentleman has not understood the point. The death grant is also refused when the widow is a testamentary residue beneficiary.

If the hon. Gentleman would let me have details I will certainly look into the matter.

asked the Minister of National Insurance whether she will take the necessary steps to have available in future statistics as to the number of applications for death grants disallowed; and the reasons for disallowance.

No, Sir. My right hon. Friend is not satisfied that the value of the information obtained would justify the very considerable amount of work involved in compiling statistics of this kind.

How can the hon. Gentleman expect the quinquennial review in 1953 to be satisfactory, and the House to have adequate information, if this type of information cannot be produced?

We are compiling quite a lot of statistics about the benefits of the scheme in preparation for the quinquennial review.

Would the hon. Gentleman agree that, before we can decide whether the present law is right, we must know the border-line cases which have been refused?

This Question refers to disallowances for death grants. Notice is taken of cases which go to appeal and statistics of that type of case are recorded.

On a point of order. Many hon. Members on this side of the House have great difficulty in recognising certain hon. Gentlemen whom they have never seen before when they get up to answer Questions. Would it not be a good idea if they wore their identity cards?

Old Age Pension Week

asked the Minister of National Insurance why the old age pension week starts on Thursday when the National Insurance week starts on Monday.

Pension weeks vary with the day of the week on which payment can be obtained. According to the group of the retirement pensioner this day may be Tuesday, Thursday or Friday, and the days are allocated to secure the most convenient spread of the work of payment falling upon post offices.

Does the hon. Gentleman realise that a pensioner whose week starts on Thursday, and who obtains casual work at a reasonable wage, will probably lose two weeks' pension for one pay packet? As that was not the intention, will the Minister have the position altered?

This is a question of the operation of the earnings rule. I would remind the hon. Gentleman that post offices are doing a lot of work encashing orders, not only for this Department but for other Departments as well. The strain of the work is very heavy, and it is therefore advisable that the encashment of the orders should be staggered in this way.

Is the Minister aware that I have written to him—at least, I know him quite well—about a case like this, where the retirement pensioner earned casually more than £2 a week for four consecutive weeks and lost five weeks' pension? I think there is a point here. Will the hon. Gentleman look into it?

Widows' Pensions

asked the Minister of National Insurance if she will raise the pension of widows now drawing 10s. per week to bring their income into line with the increased allowances now given to old age pensioners.

I would refer the hon. and gallant Member to the reply my right hon. Friend gave to the hon. Member for Newcastle-on-Tyne, Central, on 16th March, a copy of which I am sending him. Payment of these pensions is a transitional concession arising from the repealed Contributory Pensions Acts. To increase them would clearly be inconsistent with the principles of the existing scheme of widowhood benefits.

Does the Minister think that 10s. a week is adequate for a widow now? If 10s. was adequate at the time the pension was first granted, it must be quite inadequate now, after the rise in the cost of living caused by the gentlemen sitting opposite.

I would inform the hon. and gallant Gentleman that when he sees the reply to which I have made reference he will learn that to increase the existing rates of widows pensions from 10s. to 26s. per week would cost about £10 million per year.

Electricity

Generating Capacity

asked the Minister of Fuel and Power is he will reconsider the capital expenditure and delivery dates of plant, power houses, etc., so that more power can be available within the next five years.

Every effort has been, is being, and will be made to speed up the commissioning of generating plant. The commissioning has not so far been delayed by restrictions on capital expenditure, and the investment in electricity this year will be considerably higher than it was last year. In 1952, it will be higher still.

Now that the Electricity Authority have been allowed to embark on capital expenditure to meet the country's power needs, may I ask whether the delivery dates are being worked to and whether my right hon. Friend can give an undertaking that as soon as possible, as a result of the increased power available, power cuts will cease?

We shall have to take other measures about power cuts as well as increasing generating capacity. My answer means that we are doing everything we can to increase that capacity as quickly as we can.

Is there any probability that the right hon. Gentleman's efforts in this direction will be any more successful than they are or have been?

I hope they will be more successful. In any case, I am now considering what measures can be taken.

How does the generating capacity of 1951, now counted upon, compare with what was expected in 1950?

The question is how what is happening now compares with what, a year ago, was thought was going to happen?

The largest increase before the war was 765 megawatts. In 1947 it was 340 megawatts and last year it was 960 megawatts. This year it will be more.

Without any reflection on the Minister, may I ask, in view of his reply, whether he can say why power plant is not being delivered?

The delivery of power plant is a matter for the manufacturers. The Electricity Authority have a progressing department which works closely with the manufacturers. There have been very greatly improved deliveries since the B.E.A. took over.

asked the Minister of Fuel and Power the nature and extent of the shortages of steel and other raw materials, during the six months ended 30th June, 1951, which have caused delay in structural and erecting work authorised by his Department at power-house sites, and impediments in the expansion of electrical generating capacity; what degree of priority he anticipates that supply of such materials will enjoy in the future; what steps are being taken to prevent a recurrence of such delays; and whether he will make a statement.

I would refer the hon. Member to the answer which I gave on 2nd of July to the hon. Member for Carlton (Mr. Pickthorn). As I then explained, cases of special difficulty will in future be eligible for preferential treatment under the scheme announced by my right hon. Friend the Chancellor of the Exchequer on 28th June last.

But since that date Lord Citrine has made his speech at Brighton. Does the right hon. Gentleman deny that the steel which was intended for powerhouse developments and the expansion of generating capacity is being diverted to other purposes? If he does deny it, who is right, Lord Citrine or the Minister?

I never said that there was not a shortage of steel for all the purposes, military and civil, for which the nation needs it. What I have said is that special cases can be dealt with under the scheme which has been produced and I hope we shall keep up a good supply of new capacity.

Domestic Consumption

asked the Minister of Fuel and Power the policy of His Majesty's Government in regard to the abatement of electricity consumption for domestic purposes during peak-load periods in the forthcoming winter months; and what measures he proposes to take to secure adherence to, and support for, that policy.

I am now considering the measures which should be taken to reduce the peak-load demand for electricity during the winter months. I have every hope that domestic consumers will help, as they did earlier this year.

Does the right hon. Gentleman recall that Lord Citrine, Chairman of the British Electricity Authority, speaking at Brighton on 18th June, 1951, said:

"We are coming nearer to the position where arbitrary action, enforceable by law, may have to be taken by the Government to secure a substantial reduction in domestic consumption?"

Does the Minister propose to introduce legislation to give effect to that serious threat?

Will the right hon. Gentleman bear seriously in mind that one of the most practical ways of abating the peak hour demand for electricity would be to give consumers, including householders, more ordinary coal, thus making it unnecessary for them to resort so frequently to the use of electricity?

I am in full agreement with the right hon. Gentleman that domestic electric fires and electric fires in offices and shops are a major cause of power cuts. I hope that their use will be restricted during the coming winter months, and I also hope that next winter we shall be able to give more coal to the domestic consumer, as we are doing this summer.

Will the right hon. Gentleman bear in mind, in view of his new solicitude for householders, that it is no good suggesting that the use of electric fires should be restricted unless he gives them more solid fuel to use in place of electricity?

I have just said that we are giving the housewives more solid fuel this summer and that I hope to give more next winter.

Coal

Coal and Coke Supplies

asked the Minister of Fuel and Power whether, as the supply of coke is rationed to merchants and not to customers, he will base the merchants' supplies on the number of registrations held by them for coal or put forward some other scheme of allocation which will ensure that each merchant may supply his own customers so far as supplies permit.

I am afraid that the number of a merchant's registered coal consumers would be of little help in trying to determine an appropriate allocation of coke, since many households need no coke at all, while others depend mainly or entirely on coke for their essential needs such as heating and cooking. As I have said in answer to earlier Questions, I am now considering what can be done to improve the distribution of coke.

While quite agreeing with what my right hon. Friend says—and that is why I put the latter part of my Question—may I ask him whether he is aware that, in Coventry anyway, we have many new houses which must have coke and that housewives cannot get hot water if they cannot get coke? Is he also aware that the merchants who have coke are selling it to customers who are not registered with them and that when re-registration comes round they lose those customers to the other men?

It is because of the difficulties which have arisen in distribution that I am now trying to prepare a new and better scheme.

Is the Minister aware that a great number of coke distributors are receiving less during the current 12 months than they received during the last 12 months, that domestic requirements have increased, and that many distributors are very disquieted?

Domestic demands have very greatly increased, just as the industrial demand has done. In the last 12 months the domestic consumer has consumed more coke than in the previous 12 months. I hope that matters may improve.

Does not the Minister think it would alleviate the posi- tion a little if the gas boards returned to the previous practice and supplied coke to the merchants instead of to the merchants' customers?

They are simply carrying out the practice of the past. I think it works well.

asked the Minister Minister of Fuel and Power whether, in view of the fact that producers and merchants have been requested not to take on new customers for coke, he will consider reintroducing the rationing of coke.

As I have said in reply to the hon. Member for Huntingdon (Mr. Renton), on 7th May, I am now considering what measures can be taken to improve the distribution of the available supplies of coke. I am sure that I can rely on the full co-operation of the producers and the distributive trade and I hope that it may be possible to make satisfactory arrangements without re-imposing statutory control.

Yes, but will the right hon. Gentleman not agree that unless sufficient supplies of coke can be made available, no number of paper plans such as the one I have in my hand—very elaborate and very well-intentioned—is any good, and that unless supplies can be made available coke had better be rationed so that no one gets more than his fair share?

Rationing in most things does ensure fair shares, of course. I hope that if we re-introduce the statutory restrictions that will also be the effect in regard to coke. The difficulties which we have had have been the result of taking off the restrictions, but I hope that we may be able to get fair shares without re-introducing those restrictions.

Could not the Minister get to the root of the matter and encourage the producers to produce more coking coal? Unless that is done, the coking problem will continue.

I am very well aware of that. I am also aware that if we are to have enough gas and coke we must blend coking and other coals. Experiments in blending are going forward very fast.

asked the Minister of Fuel and Power what reply he has received from the Chairman of the Coal Board to the letter he has addressed to him on the subject of coal stocks for next winter.

The letter to which I think the hon. Member refers was a confidential communication about measures to increase the output from the mines.

If the letter was confidential, why was a statement made to the Press? If the right hon. Gentleman or the Chairman of the Coal Board makes statements to the Press, is it not right that Parliament should know about them?

Does the right hon. Gentleman deny that it was stated in the Press that there was such a statement?

asked the Minister of Fuel and Power the position with regard to coal stocks for next winter.

On 30th June, the total distributed stocks of coal were 12.5 million tons. This was 1.1 million tons more than on the corresponding date a year ago.

As no statement was made in 1945 that there would be a shortage of coal, can the right hon. Gentleman say what he will do to get over the difficulty next winter?

I am going to do all I can to increase the output of coal and build up stocks.

National Fuel Policy

asked the Minister of Fuel and Power what progress has been made by the Scientific Division of his Department in formulating a comprehensive and fully co-ordinated national policy for the fuel and power industries, covering production, distribution and consumption facilities, both in respect of indigenous and, where appropriate, imported fuels; when such a policy will be available for publication; and whether he will make a statement.

The whole field of fuel and power policy, including the problems of production, distribution and use, to which the hon. Member refers, is under constant review. But, as I am sure he will understand, it covers innumerable matters which vary widely in character, and which require separate consideration, in the light of circumstances which sometimes quickly change. For these reasons, I do not think that it would serve any useful purpose to attempt to make a comprehensive statement of the kind which the hon. Member has proposed.

Does the right hon. Gentleman's reply mean that he is denying that the Scientific Division already has in hand all the necessary investigations to produce a comprehensive statement? Is his answer a clear denial of that fact?

No, Sir. It means that the Scientific Division, which would in any case not be at all concerned with the preparation of such a statement, is engaged on many matters which I have remitted to it but not with all the matters that such a statement would cover.

While congratulating the right hon. Gentleman on his reply to the Question, may I ask him whether, in order to make it easier for hon. Members to refer to it, it was written by Grimm or Hans Andersen?

asked the Minister of Fuel and Power who are the members of the special committee he is setting up to investigate the wider aspects of national fuel policy; what is their reference; and by what date he has asked them to report.

I hope very shortly to announce the names of the new committee to investigate some of the wider aspects of fuel policy. Their terms of reference will be as follows:

"In view of the growing demands for all forms of fuel and power arising from full employment and the re-armament programme, to consider whether any further steps can be taken to promote the best use of our fuel and power resources, having regard to present and prospective requirements and in the light of technical developments."

I shall ask the committee to report as soon as they reasonably can.

Does the right hon. Gentleman realise that this committee is very much overdue? Would it be possible for him to get an interim report which might be of help in the coal crisis which many people fear will come on us before Christmas?

This is a long-term matter. I shall ask the committee to send me interim or final reports as they think right.

Will the right hon. Gentleman tell the House how this duplicates the duties of the Coal Board? What are the Coal Board paid for if these people have to do the job?

and they have made splendid progress since they took over. The committee is to deal with the best use of coal, a subject which has never yet been properly studied.

Mines (Safety Regulations)

asked the Minister of Fuel and Power whether he is now in a position to state what progress has been made with the drafting of safety regulations envisaged in the Report of the Royal Commission on Safety in Mines.

As I said in answer to the hon. Member for Tynemouth (Miss Ward) on 7th May, the power to make general regulations under the Coal Mines Act, 1911, was extended by the Coal Industry Act of 1949. Under these two Acts, all the main recommendations of the Royal Commission which require safety legislation, have been carried out by general regulations, or will shortly be carried out by new general regulations which are being prepared.

Can my right hon. Friend say whether there are any prospects of a new Act of Parliament in the next Session of Parliament?

I think a new Act will be desirable in due course, not to make the mines safer, as is sometimes thought, but to add some things in the field of responsibility and penalty, for instance, which cannot be done without an Act, and to consolidate amendments which have been made since 1911.

What are the main subjects with which the new general regulations will deal?

They are very wide. I will send the right hon. Gentleman a summary of them.

Can my right hon. Friend tell the House, by means of a written statement or a speech, how far progress has been made towards the preparation of a new safety schedule?

We have been primarily concerned with making regulations to catch up with technical and other developments under the two Acts to which I have referred. The speed at which those regulations have been made has been so great that the Chief Inspector of Mines has warned us that we may be surpassing the capacity of the industry to absorb the regulations.

Do not the two recent pit accidents in Durham prove the need for greater speed in bringing in the new safety regulations?

I was in Eppleton yesterday and I have also been to Easington, so I am well aware of the disasters to which my hon. Friend has referred. I would merely say that both of them were due to explosions and that the incidence of accidents from explosions has been enormously reduced in recent years.

Oil Refinery, Fawley

asked the Minister of Fuel and Power whether he will report on the progress being made at the oil refinery at Fawley; and if he will make a statement on its significance to the nation's economy.

The refinery at Fawley has been constructed by the Esso Petroleum Company, Ltd. I understand that they hope to bring it into partial operation this month, and most of it will be in use by the end of the year. Between now and Christmas the refinery will turn out about two million tons of petroleum products, including half a million tons of motor spirit.

When it is fully completed in 1953, it will employ about 2,500 workers, and its output will be about 6½ million tons a year, including 1¾ million tons of motor spirit. By the end of 1952, it will also produce about 12,000 tons of sulphur a year.

Does not my right hon. Friend agree that the nation owes a great debt to the skill, loyalty and hard work of the men who have built the refinery at great speed and under great difficulties?

Legal Aid (Matrimonial Relief)

asked the Attorney-General whether any steps are taken to ensure that anyone seeking aid under the Legal Aid and Advice Act, 1949, in respect of matrimonial relief has first applied for the help of a probation officer to bring about conciliation before legal aid is granted.

No, Sir. It would not be justifiable to require persons, who have reached the stage of seeking a civil aid certificate for the purpose of the institution of proceedings, to apply for the help of probation officers for conciliation.

Bearing in mind that some 80 per cent. of the people who are applying for aid under this Act are doing so in respect of matrimonial causes, does not the right hon. and learned Gentleman feel that some procedure along these lines would help considerably towards avoiding the unnecessary break up of families, which is so vitally important, particularly where children are concerned?

I entirely agree that, wherever possible, spouses who have fallen apart should be brought together again, but it is not feasible, when they have reached the actual stage of applying for a legal aid certificate which asks for matrimonial relief.

Will my right hon. and learned Friend bear in mind that, however desirable it may be to make such an application preliminary to proceedings for a divorce, it would be wholly wrong in principle to impose conditions of this kind on people who apply for a legal aid certificate unless that is applied to all certificates in the same field?

Does the right hon. and learned Gentleman agree that the term "probation officer" is more commonly and quite properly associated with magistrates' or assize courts, and will he see that any man or woman seeking matrimonial relief shall not necessarily have to go to a probation officer?

The provisions of the Act dealing with matrimonial relief in courts of summary jurisdiction have not yet been brought into effect. When they are brought into effect possibly further steps can be taken to make the services of probation officers available for conciliation purposes.

Food Supplies

Meat (Holiday Resorts)

asked the Minister of Food what arrangements are made by his Department to ensure that meat is supplied in sufficient quantities to holiday resorts so that the butchers can accept emergency coupons.

:There is a well-established and efficient procedure whereby the Ministry's local officers, in consultation with retailers' organisations, arrange for forward issues to be made to meet this need.

Is the Minister aware that in certain south coast resorts all butchers' shops are displaying notices saying that emergency cards will not be accepted? Does he not think that this reflects badly on the present distribution system?

No, we have had no complaints made to us, but if the hon. Gentleman will bring any cases to our knowledge we will certainly look into them.

Will the hon. Gentleman convey to his right hon. Friend the Minister the title of Lord Carnival, because "carne-vale," when translated, means "farewell to flesh"?

Catering Industry (Hygiene)

asked the Minister of Food what progress he has made towards implementing the recommendations contained in the report of the working party on the catering industry, entitled "Hygiene in the Public Service," with particular reference to the cleanliness of premises where food is prepared or dishes washed.

The recommendations of the Working Party on Hygiene in Catering Establishments are receiving careful consideration, but they raise several difficult problems on which decisions have not yet been reached.

If some of these problems are so difficult as to require greater time for, or even the indefinite postponement of, legislation, would the hon. Gentleman consider bringing forward piece-meal whatever measures and recommendations his Department has to make, so that before the arrangements for the standard code or the standards for detergents are introduced, we may be able to have a programme for the enlightenment of caterers and consumers?

I am sure the hon. and gallant Gentleman will realise that this report was published only this year, and that it is right to give the various authorities affected and the trade organisations a proper opportunity to consider it also.

Does "working party" mean a committee, or something that neither works nor is a party?

Rationing

asked the Minister of Food what plans he has for the eventual ending of food rationing.

Our object is to end rationing as soon as the supplies available justify doing so, and we are taking all possible steps to increase supplies of those foods which are still rationed.

Does the Minister not think that after six years of Socialist misrule it is about time—

Imputations and implications are not permissible in supplementary questions.

Will the Minister take care that not only is there sufficient food, but sufficient money to buy that food, before he determines rationing?

Yes; we are continuing rationing for the express purpose of ensuring fair shares.

Sweet Ration

asked the Minister of Food if, in view of the increased supplies available at this time, he is prepared now to increase the sweet ration.

Yes, Sir. As already announced the ration will be increased by ½ oz. to 6½ oz. per week for the rationing period commencing 15th July.

Can these increases be sustained permanently or, better still, can my hon. Friend say when rationing will be entirely abolished?

This increase has been made without any further increase of ingredients to the manufacturers and we shall, of course, endeavour to sustain the increased ration as long as we can.

Rabbits (Price)

asked the Minister of Food if he is aware of the continuing high retail price of rabbits; and if he will now reimpose price controls.

Rabbit prices have fallen from the peak reached earlier this year and with the good supplies which are expected from Australia this trend ought to continue. My right hon. Friend is satisfied, therefore, that no useful purpose would be served by now reintroducing control.

Does the hon. Gentleman realise that the best way of bringing down the price of rabbits would be to increase the number on the market by allowing more cartridges to farmers to shoot them? This is particularly necessary in the next two months, when the harvest is cut and the rabbits are vulnerable.

As the hon. and gallant Gentleman will realise, this is a time of the year when we depend largely upon imported rabbits from the Southern Dominions.

Transport

Motor-Cyclists (Crash Helmets)

asked the Minister of Transport if he is prepared to take the necessary steps to make compulsory the wearing of crash helmets by motor-cyclists and pillion riders.

The British Standards Institution have set up a working party, on which my Department and the Road Research Board are represented, to consider the specification of a crash helmet suitable for civilian use. Legislation would be necessary to make the use of crash helmets compulsory and I am not at this stage in a position to consider this.

Can the right hon. Gentleman say whether he has had recommendations to introduce this or not, and if he is aware that doctors and hospitals are viewing with increasing concern the number of head injuries they are getting in from motor-cyclists?

Yes, the steps that are being taken indicate the value of such a helmet, but the question of making any article of wear compulsory is a rather more difficult matter.

The hon. Gentleman never puts down any Questions but asks supplementaries. We cannot have both. Either there must be lots of Questions or lots of supplementaries and I really think it is time that some of those who take the trouble to put down Questions should have a chance.

On a point of order. I am seeking to ask a supplementary question, Sir. I am not quite clear whether your Ruling was addressed to me.

Partly. The hon. Member, after all, has only asked several facetious supplementary questions.

Do I understand, Sir, that no hon. Member is to be allowed to ask a supplementary question unless he has the original Question on the Order Paper?

No; but I think it is a little unfair to hon. Members who have put down Questions that some hon. Members should come in and get a lot of fun in asking rather provocative supplementary questions without putting any Questions down themselves. It is only fair on the others. I am taking my stand on that.

Passenger Transport Scheme, Eastern Area

asked the Minister of Transport if the British Transport Commission have yet submitted to him the Road Passenger Transport Scheme for the Eastern Area; and if, in view of the general anxiety and uncertainty which is felt in East Anglia by local interests regarding their future relationship with the new authority or board, he will give an assurance that, in addition to county councils and county borough councils urban and rural district councils and other interests involved, will be given an opportunity of expressing their views to him before the scheme is promulgated.

The answer to the first part of the Question is, "No, Sir." Before a scheme is submitted to me the British Transport Commission must consult the county and county borough councils in the area, and the bodies and persons providing passenger transport services likely to be affected. Before making an order embodying a scheme, I am required by the Act to give to anyone who wishes to object the opportunity to do so, and to hold a public inquiry unless all objections are withdrawn.

Is the Minister aware that the apprehension which has been caused by this scheme is due mainly to the publication of the Northern Area scheme, which showed a good deal of lack of understanding of the very varied needs of rural communities, where very small operators who cater for villages often are willing to turn out at any hour of the day or night? The people who live in these small, sparsely settled communities are very much alarmed that if the scheme is centralised, a vast distance away, they will not find the manager there when they want him.

There is really no need for this apprehension, because the Act provides for local opinion to express itself very fully at every stage. The scheme could not possibly become law unless, in the process, it gathers a very large measure of public support in the area.

In view of the declared intention of the Transport Commission to put up bus fares wherever and whenever it can lay its hands on the buses—[HON. MEMBERS: "Oh!"] Yes—will the right hon. Gentleman drop these schemes and protect the public against this form of exploitation?

As usual, the hon. Member is very wide of the subject which is being discussed.

Level Crossings

asked the Minister of Transport what progress has been made in his examination of the recommendations made by the British Transport Commission in their Report to him on occupational and accommodation level crossings; and whether he will lay on the Table of the House a copy of the Report.

The examination of these recommendations is still proceeding. The recommendations deal with the matter from the point of view of the British Transport Commission only and require consideration both by the Government and by highway authorities and others whom they would affect, and whom I shall have to consult. I will make copies of the Report available in the Library.

Does the right hon. Gentleman recall that it is well over two years since I started trying to persuade him to deal with this matter? Is he going to bring it to a conclusion, so that he can present some proposals to the House within the near future? If so, when?

It is not possible to put a time on a problem of this character, which touches such widespread interests throughout the community. The problem has existed for many generations and nothing has been done.

asked the Minister of Transport how many railway level crossings have no gates in Cornwall and in the whole of the United Kingdom, respectively; and how many accidents there have been in Cornwall and the whole of the United Kingdom, respectively, during the last 12 months.

The only public road level crossings without gates are those over railways constructed under Light Railway Orders. There are approximately 370 such crossings in the United Kingdom, of which five are in Cornwall. The corresponding figures for accidents in the 12 months ended 31st May, 1951, were 15 and one, respectively.

Japan (Peace Treaty)

asked the Secretary of State for Foreign Affairs why he has not yet been able to make a statement on the draft treaty of peace with Japan; what are the causes of the delay; and when he will be in a position to make a statement.

It has not been possible to make a full statement because consultations with other Governments have been in progress. I expect to be in a position to make a statement later this week.

Hungary (Mr. Edgar Sanders)

asked the Secretary of State for Foreign Affairs what progress has been made in the negotiations with the Hungarian Government for the release of Mr. Edgar Sanders.

I would refer the hon. and gallant Member to the reply given on 4th July to the right hon. and gallant Member for Leicester, South-East (Captain Waterhouse), to which I have nothing to add.

Can the right hon. Gentleman say how it is that the United States Government managed to secure the release of Mr. Robert Voegeler, whereas His Majesty's Government do not appear to have been so successful in the case of a British subject?

I could not say. I have no reason to think that we have been less energetic in the case of Mr. Sanders than were the United States Government in the case of their citizen.

Has the right hon. Gentleman been in consultation with the United States State Department to make sure that we apply the same process?

We certainly have been in consultation, and we know what happened in that case.

Persia (British Nationals' Property)

asked the Secretary of State for Foreign Affairs if he is aware of the losses which are being caused to employees of the oil company in Persia owing to the forced sale of motor cars and personal belongings; and if he will take all possible steps to preserve their interests with regard to compensation.

No specific cases of such losses have come to my notice. When they do so, I will give them careful consideration and see that everything possible is done to protect the legitimate interests of our nationals.

In the meantime, I understand that the Anglo-Iranian Oil Company have instructed their management in Abadan that they are prepared to meet the reasonable claims of employees for loss of personal property in circumstances beyond the owner's control. In this connection, any question of loss over forced sales of property will, I am sure, be very sympathetically examined by the Company.

Is the right hon. Gentleman aware how great will be the satisfaction with that answer?

Foreign Service (Missing Officials)

asked the Secretary of State for Foreign Affairs whether he will institute an inquiry to ascertain how Mr. Maclean and Mr. Burgess, in view of the evidence as to their past views and associations, came to be appointed to the positions which they held recently in the Foreign Service.

No, Sir. As the right hon. Member for Streatham (Mr. Sandys) was informed on 18th June, the Government of that time were not, I gather, aware of Mr. Burgess, who was first appointed to the Foreign Office in June, 1944, having associations with Communist circles of a kind which threw doubt on his reliability; and the same applies to Mr. Maclean, who was first appointed to the Foreign Office in October, 1935.

Will the right hon. Gentleman again consider the evidence which has been published, even from the friends of these two gentlemen, and also consider how, in the circumstances of that evidence as to their Communist associations in other matters, one came to be appointed the head of the American section and the other to be appointed to the private office of the then Minister of State?

The appointments of these gentlemen to the Foreign Office go back some time—

—one to 1944, and the other to 1935. I cannot very well answer for them.

Does the right hon. Gentleman appreciate that I am not concerned about the length of time at all? [HON. MEMBERS: "Oh."] I ask him again, in view of the evidence even of the friends of these two gentlemen, whether he will cause an independent inquiry to be made as to how these things happened?

All appropriate inquiries are being made, and the hon. Member must leave it to us to take what steps are appropriate. These men were appointed for the Foreign Office a long time ago, and as to that I cannot answer.

Is the Foreign Secretary aware that there is a defect in the Foreign Office organisation which makes it very difficult to get rid of personnel who are quite manifestly unsatisfactory? Will he look into the basic reason for this fact?

If I come across anybody in the Foreign Service who is manifestly unsatisfactory, I shall get rid of them all right.

The right hon. Gentleman did not answer, I think, the question by my hon. Friend which was at what date these particular appointments to the head of the American branch and to the private office of the then Minister of State were made. That was the point of what my hon. Friend asked, and the Foreign Secretary did not answer it.

That has been answered before. I am not going to be drawn—[HON. MEMBERS: "Ah."] No, I am not. I am not going to be drawn as to the appointment of these gentlemen at particular stages in their career at the Foreign Office when I and this Government had no responsibility whatever for their original appointment.

The right hon. Gentleman is asked to give two dates. He is not being drawn at all in stating the facts of two dates. That is all that he is being asked to give.

Will my right hon. Friend bear in mind that if everyone was to be judged by the opinions he held and the associations he had in 1935, there are very many Members of the Opposition who would never have been elected to Parliament at all?

Is it correct that the present Government had no responsibility for the original appointment of these men to the Foreign Office? Is it not a fact that Mr. Burgess was appointed to the Foreign Office and put on the permanent establishment during the tenure of office of the present Government, and at a time when he was serving the former Minister of State in the Foreign Office?

If I may advise the right hon. Gentleman, he really is most foolish to try to make a party point out of this. [An HON. MEMBER: "The right hon. Gentleman is."] I am not trying to make any party point at all. I am resisting a party point. Mr. Burgess was first appointed to the Foreign Office in June, 1944, and Mr. Maclean was first appointed to the Foreign Office in October, 1935. In these circumstances, I am not trying to make any party point of it at all, and I advise the right hon. Gentleman not to be too clever.

We must all profit by the advice of the right hon. Gentleman. He has given two dates; why can he not give the other two? Where is the party issue involved in digging out two dates and leaving out two others?

With equally great respect, if the right hon. Gentleman will look at Question No. 52, which I am answering, he will observe that there is no question of a date in it at all.

Can the right hon. Gentleman tell us whether the doctrine that a Foreign Secretary cannot answer for any matters which occurred before his incumbence is really meant to be taken seriously by the House of Commons or, if not, why he is so bothered with it?

If the hon. Member for Carlton (Mr. Pickthorn) is bursting for me to make criticisms of my predecessors of another party, then I follow the point, but I do not wish to; nor do I think it would be fair to do so.

May I observe that it really is not at all a party matter, this question of dates, because the right hon. Gentleman himself was an important Minister of the Crown in the Government which made the original appointments and I have certainly every reason to believe that his colleagues in the Government have done their utmost to select proper people. Failures may always occur, but what I am pressing, with great respect, is simply that he answers with two dates with the sort of idea that he can shuffle off all responsibility and will not give the other two dates. That is not the way to treat the House of Commons.

I can only say again that no dates are asked for in the original Question. I assure the right hon. Gentleman that I had the advantage of having to look at the hon. Member for Monmouth (Mr. P. Thorneycroft), whereas the right hon. Gentleman was looking forward, and if ever I saw an hon. Member animated by partisan considerations, it was the hon. Member for Monmouth.

This is the last question I will ask on this matter. Will the right hon. Gentleman give the dates of these two specific appointments if a Question is put on the Order Paper?

In view of the terms of the right hon. Gentleman's original answer, will he state what association with Communist circles does not throw any doubt on reliability?

I understood that this took place at a university. If it did, then the hon. and learned Member would know more about that than I do.

Persia (Anglo-Iranian Oil Company)

( by Private Notice ) asked the Secretary of State for Foreign Affairs whether he has any further statement to make on the situation in Persia.

The International Court at The Hague was on the point of promulgating its decision on our application for an interim injunction at the time when I made my last statement in the House on Persia, on 5th July. The Court's findings have been reproduced in the Press, and I do not think I need say more about them here, save that His Majesty's Government accept them in full and have informed the Persian Government accordingly. We are urgently considering whom we should nominate to the Board of Supervision recommended by the Court, and are also considering what suggestions we should make regarding the fifth member of the Board, whose name is to be agreed upon between the two Governments.

The attitude of the Persian Government, on the other hand, towards the Court's findings is still obscure. According to a statement issued by the Persian Ministry of Foreign Affairs, the Persian Government do not regard the Court's decision as valid, since they do not recognise that the Court has jurisdiction in the matter, but they have appointed a Mission to look into the question. It seems that the Mission has not yet made its proposals to the Persian Cabinet and, as I say, we therefore do not yet know what eventual view the Persian Government will take. Meanwhile, however, we are considering what steps His Majesty's Government might take if the Persians do not accept the Court's decision.

Unfortunately, the interference of the Persian Temporary Board of Directors in the Company's operations continues on an increasing scale. The Anglo-Iranian Oil Company's Superintendent of Communications in Abadan has been instructed by the Board to hand over his work to one of its members—unless he is prepared to consider himself an employee of the "National Iranian Oil Company," in which event he would be permitted to carry on his duties under a Persian engineer. He has also been told to end all communication with places abroad and to hand over all the Company's communications equipment to the Persian engineer in question.

As I have indicated, His Majesty's Government for their part are entirely ready to observe the Court's decision. It is now up to the Persian Government to do the same and to put an end to the unwarranted interference by the Temporary Board in the Company's operations.

May I ask the right hon. Gentleman whether in the meanwhile he has noted the deteriorating local situation in respect of Abadan and the oilfields and in particular the report in this morning's "Daily Herald," which indicates that one thing which bothers the oil men is not knowing whether they are wanted to stay or to go and also seeing that official London statements that the British will stay do not tie up with the steady withdrawal of the personnel? Can the right hon. Gentleman tell us, in the light of that, what is the policy of the Government and what steps are being taken to make it known to those on the spot?

I have made it clear here, and I have made it clear to our people on the spot, that our view is that our people should stay there as long as is practicable, and that remains our policy. Obviously one must consider the situation day by day, but that is our view. I have seen the newspaper reports referred to. I have not yet any official confirmation of them, but the situation is being examined.

Has the right hon. Gentleman also seen a later sentence which attributes to a member of the British Embassy at Teheran a statement that there is a good chance that the lads will be home in time for Goodwood—that is the "Daily Herald" report. How comes it that a statement like that can be made by a British official in the light of the Government's statement?

I will look into that matter, but the right hon. Gentleman will agree from his experience that it is undesirable that I should commit myself on newspaper reports, even of the high authority of the "Daily Herald."

Seeing that His Majesty's Government have accepted the judgment of The Hague Court and that the Persian Government have refused it, and seeing that The Hague Court is the tribunal of the United Nations, is it not right now that the matter should be referred to the Security Council to see that the order made by the Court is carried out?

I am not quite sure, but that aspect is being considered. I can assure the right hon. and learned Gentleman that it is not being overlooked.

Has my right hon. Friend's attention been drawn to the article in the "Daily Telegraph" this morning, calling for armed intervention in Persia, and would he not agree that if that proposal is to be put into operation we shall need to put this country on a war footing; and if that is not done, to talk about armed intervention is to play politics with men's lives?

I have seen the leading article to which my hon. Friend refers. I entirely agree with his comment.

I said that I have seen the leading article to which my hon. Friend refers and that I entirely agree with his comment.

Bearing in mind that the right hon. Gentleman is encouraging those British representatives at Abadan to remain on the spot as long as practicable, will he say whether he is fortified by the decision of the International Court of Justice to take better steps to give more help than has so far been given by His Majesty's Government to enable the men on the spot in Persia to remain there for a sufficiently long period to ensure that the Persian Government have considered the decision of The Hague Court? In other words, that he will do everything possible to gain time?

I am afraid that I do not understand what the hon. Member means. Perhaps he will be more particular.

But the right hon. Gentleman has, I think, made it clear—am I right in assuming?—that he wishes the Anglo-Persian Company's employees to stay at their posts and carry on, even at some risk, as long as they possibly can? Is that the position of the Government? I should much like to know that.

We are anxious that the personnel shall stay there as long as they possibly can. We cannot ignore the provocation of the Persian Government and the consequences to our people, but our anxiety is that they should stay as long as they can. We accept a corresponding obligation on the part of His Majesty's Government to take all practicable steps, which we have taken, for the protection of British lives. I do not think I can say more, and of course one must reserve the right to think about it from day to day in the light of changing events.

I do not propose myself to carry the discussion any further by question and answer—[ Interruption. ] I despise such discourtesy. We have for a considerable time withheld any request for a debate on this subject, which we must admit is in a bewilderingly fluid condition. I asked a Question and I got an answer, but may I say to the Leader of the House that it is quite evident that we shall have to have a debate upon this matter in the near future—upon the whole issue—because various things may be happening? Matters must be debated by Parliament in the near future and opinions expressed. May a date be reached, certainly within a week or so, by discussion through the usual channels?

As I indicated, I think, when I was answering the business Question on Thursday, I understand that conversations have taken place through the usual channels about a debate on foreign affairs, and I have no doubt that they can continue and the general convenience of the House be met.

Are any conversations taking place with other nations who are members of the International Court at The Hague to consider what appropriate steps in the interests of international justice could be taken to implement the decision of The Hague Court?

I think we had better be careful about that. The International Court at The Hague is an international court. I am not sure that I ought to approach nations who happen to have nationals on that Court; otherwise—I am not an expert about this matter—I think that I might be suspected of tampering with the Court.

I do not know whether we should pursue the matter for very long if there is to be a debate, but I wish to follow up a point made by my right hon. Friend. I think the Foreign Secretary said that it was the Government's wish that the employees should stay in Abadan; but all the statements which the right hon. Gentleman has made at Question Time and in debates have been in the context of eventual evacuation. I do not know if the right hon. Gentleman will agree, but it seems to me that the policy he is pursuing might simply provoke the Persians to go on increasing their acts of provocation, and that if only he could say almost at once that it is the Government's policy to maintain a staff, even if it is a skeleton staff, in Abadan, that might easily bring a settlement of the problem very much nearer.

I have really gone as far as I can. I think that the hon. Member should not press me any further, and I hope that he will not do so.

I do not want to press the right hon. Gentleman. I want him to bear it in mind between now and any possible debate we may have.

In view of the fact that the right hon. Gentleman has renewed the Government's assurance that the safety of our people would be secured so far as lies in the power of His Majesty's Government, will he say whether it is his opinion that the present activity against our people at Abadan is not such as increases the danger compared with the danger they were in when he first made the statement?

Business of the House

Yes, Sir. Following the statement made on Friday by my right hon. Friend the Minister of Defence about the new rifle, discussions have taken place through the usual channels, and the debate on this subject arranged for the first part of Wednesday will be postponed. In its place a debate will take place in Committee of Supply on the West Indies. This debate will last until 7 p.m., and afterwards, as already announced, a debate will take place on arrears of payments to chemists under the National Health Service.

Further, on business, have the Government made up their mind what action, if any, they propose to take following the rejection by this House of three orders relating to plaster board, building plasters and gypsum?

Yes, Sir. As I then said, the three orders will be annulled and we shall submit three further orders to the House.

Germany (State of War, Termination)

With your permission, Mr. Speaker, and that of the House, I wish to make the following statement.

I desire to inform the House that steps are being taken in our country, the United States and France to terminate the state of war with Germany as from today. This action was agreed upon by the Foreign Ministers of the three Western occupying Powers in New York last September, as was announced in the communiqué published at the time. In the case of the United Kingdom, action will take the form of a publication of a notice in the Official Gazette. Similar steps will be taken today in a number of Commonwealth and other countries which were allied to us in the war with Germany.

This development is further evidence of the determination of His Majesty's Government, the French Government and the United States Government to remove all possible obstacles to normal relations with the German Federal Government. His Majesty's Government have for some time past felt that the persistence of a state of war with Germany in the domestic law of the United Kingdom was not in accordance with the actual state of our relations with Germany. The present action will remove this legal anomaly and its effects on the status of Germans in this country.

It should at the same time be understood that it in no way affects the position of the ocupying Powers in Germany or their responsibilities in connexion with the conclusion of an eventual Treaty with Germany, which are not based upon the persistence of a state of war either in international or domestic law.

We on this side of the House are in full accord with the step which the Government have taken which, I gather, was decided in principle in September last and has now, at length, been ratified. It is a tragic fact that six years have passed since the fighting stopped before the word "peace" can be spoken of between two great branches of the human family who were cast asunder by the terrible events of the past. But now that the step has been taken, without being delayed by other reasons or by lack of participation by others, may we not feel that the Government and the Opposition join together in an earnest wish that Germany and Britain may find a path which they can tread together along the broad lines fixed by the United Nations organisation?

I am very much obliged for what has been said by the Leader of the Opposition. I think that he expresses the general feeling of both sides of the House.

As it is not quite clear to many people what the distinction is between ceasing war and making a treaty of peace, would it be possible for my right hon. Friend to lay a White Paper explaining what results will follow from the cessation of war? For example, what is the position of our Armies of Occupation? There are many other matters like that which cannot be put in this House in the form of question and answer. Would my right hon. Friend consider helping many hon. Members as to the practical consequences of the policy which he has declared today?

I will consider the point which my right hon. Friend has put to me. I doubt whether a White Paper is necessary. As to the occupation, I have indicated that the rights of the occupation continue.

Can the Foreign Secretary tell the House whether this development implies an immediate exchange of diplomatic representation, in addition to the present High Commission arrangement?

I do not think that it does, but we have recently developed to the extent that the German Consul-General has now become the German Chargé d'Affaires. I will consider whether any further diplomatic developments should take place. I do not think that they are automatic as a consequence of this decision. I will look into the question.

Does this announcement mean that the state of emergency which began with the outbreak of war against Germany is now also at an end?

Can my right hon. Friend say whether the state of peace which is to be proclaimed in this way is a peace with the whole of Germany or with only the Federal German Government at Bonn? If it is the latter, what is the state of affairs as between this country and Eastern Germany?

This is in relation to the Federal Government of Germany. I do not think that I had better go any further than that.

As this war that has ended was the war to destroy militarism in Germany, can my right hon. Friend assure the House that there will be no attempt to re-create the military machine in Germany?

While not wishing to press my right hon. Friend very far today on the point I put to him, may I ask whether he will bear in mind that there are a large number of anomalies which will result from the proclamation of an end to a state of war with only part of the country upon which we declared war? Will he be prepared at some time to tell the House what the consequences of such a partial declaration of peace will be?

If a Question is put down, I will do my best to answer it, but I doubt whether any very grave difficulties will arise.

Orders of the Day

Australia and New Zealand (Gifts of Mace and Speaker's Chair)

Resolution reported:

"That an humble Address be presented to His Majesty, praying that His Majesty will give directions that there be presented on behalf of this House a Mace to the House of Representatives of the Commonwealth of Australia and a Speaker's Chair to the House of Representatives of New Zealand, and assuring His Majesty that this House will make good the expense attending the same."

Resolution agreed to.

Address to be presented by Privy Councillors or Members of His Majesty's Household.

Telephone Bill

As amended, considered.

New Clause.—(CONFIRMATION OF REGULATIONS.)

(1) Any regulation made by the Postmaster-General under this Act shall be laid before the Commons House of Parliament as soon as may be after it is made.

(2) Any such regulation as aforesaid shall cease to have effect on the expiration of a period of twenty-eight days from the date on which it is made, unless at some time before the expiration of that period it has been approved by resolution passed by that House, but without prejudice to anything previously done thereunder or to the making of a new order.

(3) Any such regulation as aforesaid shall cease to have effect if the Commons House of Parliament within a period of twenty-eight days from the date on which the order is laid before the House resolves that the regulation shall be annulled, but without prejudice to anything previously done thereunder or to the making of a new order.

(4) In reckoning any such period of twenty-eight days as aforesaid no account shall be taken of any time during which Parliament is dissolved, or prorogued or during which the Commons House is adjourned for more than four days.

(5) Any such regulation as aforesaid may be varied or revoked by a subsequent regulation made in the like manner, and subject to the like provisions.—[ Mr. R. V. Grimston. ]

Brought up, and read the First time.

3.56 p.m.

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

Should this new Clause be accepted, the Amendment in Clause 1, page 3, line 14, to leave out subsection (3), will be consequential. I suggest that it would be convenient to discuss both questions together. This new Clause has been introduced, following the discussion on the Committee stage, to insert the affirmative procedure in regard to regulations in place of the negative procedure at present laid down in the Bill. I grant at once to the Postmaster-General the fact that the negative procedure proposed in this Bill is an improvement on what existed heretofore. I make no bones about that. However, the discussion in Committee showed some difference of opinion on whether that was the best method in this case.

Several points emerged during that discussion. There was the constitutional point that it is the usual practice that regulations which impose a charge of any sort should have to come before the House for affirmative Resolution. The next point was that of convenience, or perhaps inconvenience, to the Department. It was pointed out by my hon. Friend the Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) that a situation may arise in which the Post Office increased a charge during a Recess. That charge might operate for some time before the regulation was annulled by the House. In fact, we had an example of the annulment of certain orders the other evening. In that event, the Department may be faced with the position that they have charged a rate which, as a result of a Prayer, has become unenforceable. They will be put to considerable difficulty in adjusting that matter between the Department and the customers.

During the debate, my hon. Friend the Member for Croydon, East (Sir H. Williams) suggested a middle way, which is the method used in the Import Duties Act, 1932. What we have done is to lift the words from the 1932 Act, adapt them slightly and put them into this new Clause. The effect is that any regulation will have to be approved by the House within 28 days. Otherwise, it will fall. There is very little difficulty in bringing an affirmative Resolution before the House. It is done frequently. Many of them go through automatically when there is no big issue involved. If, during a Recess, a charge is introduced and later it is disapproved by the House, then under this procedure that charge will be legal from the time the regulation was laid until it was annulled. That would, therefore, cover the point of inconvenience and difficulty which might arise from the operation of the negative procedure.

4.0 p.m.

Is the hon. Gentleman now speaking in regard to the second or the third subsection of the new Clause?

Perhaps I should have explained that I am now dealing with the third. If I may take up the point, as the right hon. Gentleman has raised it, under subsection (2) it is quite obvious that any such regulation shall cease to have effect on the expiration of a period of 28 days, which means that the right hon. Gentleman must bring it before the House within the 28 days. He then secures approval of his regulation on the nod, or after some discussion or even after a Division; that is all right.

Under subsection (3), if he does not secure approval when he brings it forward within the 28 days and the order is annulled, it is annulled subject to the provision that it is without prejudice to anything previously done thereunder or to the making of a new order. That is the wording which protects the right hon. Gentleman for the period during which the House might be in Recess or until he can bring the order before the House. The charge will be invalid if the order had been annulled only from the date on which the order was not approved. That is the distinction.

Subsection (4) deals with the time when the House is in Recess and an order is produced. This is a compromise which we have lifted from the 1932 Act, and I hope that the Postmaster-General will not turn it down out of hand. It is not a party matter, but is a question whether, while we are about it, and conceding that the right hon. Gentleman has already improved the situation, we should not see whether we cannot make an even better job of it still. With that short explanation, and the assurance that, if any other difficulty should arise, I should only be too happy to try to explain it, I submit this new Clause to the House.

I beg to second the Motion.

This new Clause gives effect to a suggestion which I made in Committee, and there is nothing novel about it. Masses of regulations of this kind were passed under the Import Duties Act, under the Ottawa Agreement Act, and, I think, under the Finance Act in connection with Purchase Tax. As a matter of fact, it has been a general practice that, where a charge is being imposed on the subject, there should be this form of affirmative Resolution.

Where we are making a charge and may have to do something at once in order to avoid evasion of taxation, this seems to me to be the ideal procedure. In actual practice, unless any proposal is controversial, it goes through on the nod. If it is controversial, it is important that the Government of the day—there may be a change of Government before this Bill comes into effect, and my hon. Friend the Member for Westbury (Mr. R. V. Grimston) may be the Postmaster-General instead of the right hon. Gentleman—should use this method, which we think is the proper procedure. There are plenty of precedents for it. In cases where the Government decide to impose a charge, there should be positive action taken by the Government. The procedure does not cause any trouble unless the matter is really controversial.

I sincerely hope that the Postmaster-General will accept this new Clause, which embodies a principle for which hon. Members on both sides of the House have often pleaded in the past. If the Government accept this proposal, I am certain that it will not hamper the Post Office, unless the right hon. Gentleman is trying to do something which is really controversial.

After the very amiable Committee stage on this Bill, I certainly decided to look with a considerable amount of sympathy at the points which have been raised, in order to see how far the suggestions might be met. I had the papers, together with the Departmental observations, sent down to me, and I have looked at them quietly in my own home at the weekend to see how far it was possible to meet them.

The first thing that struck me about the new Clause was that it provides for both methods, and I think this is a point which has escaped the attention of the hon. Member for Westbury (Mr. R. V. Grimston). It applies both the positive procedure under subsection (2) and the negative procedure under subsection (3), and the words which give point to both these subsections have been eliminated. I think this wording was extracted from the Import Duties Act, but the words describing the class of case to which subsection (2) should apply have been eliminated, and we just have provision for the affirmative method.

In subsection (3) again, the words describing the different classes of cases to which the negative procedure was applied have been eliminated, and the result is that, while I was disposed to look very kindly on the proposition made by the hon. Member for Croydon, East (Sir H. Williams), this new Clause provides for two contradictory methods of dealing with any regulations issued by the Postmaster-General. The second subsection says:

I am obliged to the right hon. Gentleman for giving way. I follow him in his objections, but I think the difficulty has arisen by trying to make this provision take care of the period when the Post Office may be charging larger amounts than might subsequently be approved. No doubt in the drafting we appear to have gone wrong on that point, but that is the point that we were trying to take care of.

I agree with the hon. Gentleman that in this case good intentions have not found their way on to the Order Paper. Therefore, it will be realised that the House cannot accept a new Clause which provides for both the affirmative and the negative procedure in regard to any regulations. I do not suggest that the new Clause is out of order because of that, but I should like to say, on the general position, that I have looked at this matter very closely, and I have come reluctantly to the conclusion that there ought not to be the affirmative procedure concerning the regulations of the Post Office.

I agree that there was a difference of view, expressed between the hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) and myself. I take the view that Post Office charges ought not to be, and in my time at the Post Office have not been, fiscal or taxation matters, and the distinction was drawn very well by the hon. Member for Croydon, East. If it is a question of taxation, it should be a matter of the affirmative procedure, but these are charges for services. This is a commercial undertaking, and not a part of the taxation system.

In view of all that, and having no desire to repeat anything I said in Committee, I have come to the conclusion that I must reject the idea put forward in this new Clause, although in any case I should have been obliged to reject it, and I am sure that hon. Gentlemen opposite will realise that the reason is because of its peculiar features.

There is one other point. I quite agree that, if it were a question of taxation, I should have no case for resisting the views of the Opposition. As it is not a question of taxation, and since, in addition to that, I am always accountable to this House for what I do, I think we ought to rely upon the negative Resolution, with the assurance that, when any important changes are to be made by the Post Office, so long as I am Postmaster-General, those changes will be announced in this House independently of the regulations. Therefore, there will be ample opportunity to discuss any substantial changes that it is proposed should take place. In the circumstances, I must ask the Committee to reject the new Clause.

I am bound to say that on the technicalities I think the right hon. Gentleman is right, but he will appreciate that those of us who do not have the advantage of a skilled Department behind them may sometimes fall into the error which he has very courteously pointed out. However, I am bound to say that I do not think the technicality is itself sufficient reason for rejecting the principle of the new Clause. Indeed, were the right hon. Gentleman prepared to do so, I have no doubt the resources of Parliamentary procedure would be perfectly capable of taking care of the matter.

What I and my hon. Friend the Member for Croydon, East (Sir H. Williams) wished to do was to meet the very legitimate point which the right hon. Gentleman himself made in Committee regarding the difficulty in which the straight affirmative procedure would place him if he desired for commercial reasons to alter charges during the Recess, while retaining the point of principle, on which we felt strongly, that charges of this sort require the affirmative procedure.

I think the deletion of subsection (3) from the new Clause would achieve that result, and I am a little surprised that the right hon. Gentleman does not take that line in view of what he himself said in Committee. He will no doubt recall that on 4th July he began by resisting the Amendment with the words: whatever day he said, and would continue until 28 days after the House had resumed, with a Resolution no doubt being put down during that period. I am really surprised that the right hon. Gentleman, having resisted the original proposal on grounds which I think he is bound to admit we have now effectively provided for, still continues to resist the principle of the proposal we are putting forward. I am bound to say that his present attitude is not consistent with that which he adopted in Committee.

We have met the objections which he raised in Committee, and I think it is really a little wrong that he should now adopt the attitude that, for different reasons, he is not prepared to accept this proposal. With great respect to the right hon. Gentleman, it is nonsense for him to say that because these are not taxation proposals, we should not provide for them by the affirmative procedure. I am not now arguing whether they are or are not taxation proposals, but the right hon. Gentleman knows perfectly well that there are several other matters which do not involve taxation but do involve the affirmative procedure. The Leader of the House knows that he or his painstaking Under-Secretary have been standing at that Box speaking on Sunday Cinema Orders on probably two nights a week during the Session.

4.15 p.m.

I think the right hon. Gentleman's lapse of memory is due to the fact that, good administrator that he is, he often delegates that onerous duty to his Under-Secretary.

Not two nights a week, at least not now. I agree that there was a time in the last Parliament when that was so.

I am quite prepared to make it one night a week, if the right hon. Gentleman prefers, but those orders are nothing like as important as telephone charges.

That Society is quite capable of looking after itself as well as looking after the right hon. Gentleman. The difference is that the Cinema Orders affect only one place, whereas these charges affect the whole country. I find the whole attitude of the Postmaster-General very disappointing in this matter and at variance with what he said in Committee.

May I be permitted, Mr. Speaker, I will not say to move a manuscript Amendment but to make a proposal to amend the proposed new Clause by leaving out Subsection (3), because that would meet part of the argument raised by the Postmaster-General.

As the hon. Gentleman has already seconded the proposed Clause, I do not see how he can move an Amendment to it.

I think there are precedents. There is obviously a certain inconsistency in this Clause. We all know it was drafted in a great hurry after the Committee stage on Wednesday. It was not until Thursday that it was tabled, and many of us had no opportunity of seeing it until we arrived today. The inconsistency between subsections (2) and (3), to which the Postmaster-General has drawn attention, would be cleared up by leaving out subsection (3).

If some other hon. Member could move it, it might be all right. I do not see how it is in order for the hon. Member to make another speech.

I have not, I am afraid, listened to any of the discussion apart from what my hon. Friend the Member for Croydon, East (Sir H. Williams) has just said, but if he is satisfied that it would be a good thing to leave out subsection (3), I should like to move to delete it.

On a point of procedure. No Clause can be amended until it has been read a Second time, and if this Clause is not going to be read a Second time, it cannot, therefore, be amended.

Perhaps I can help the House out of the difficulty, although, of course, I can speak again only with the leave of the House. I realise the intention expressed in this new Clause, but the difficulty of my giving effect to that intention is that I should want to distinguish, as in the original Import Duties Act, between charges and other conditions. My difficulty is where to draw the line.

Regarding other conditions, I think the House would let me have the negative form of procedure. What the House wants is the positive form in cases where charges are being altered. I have already gone over this ground and tried to imagine the set of circumstances in which the conditions could be isolated from the charges. I have already had one example. A new instrument is to be brought in. We want a regulation about it. I have to come to the House with a regulation about the conditions, which is a negative one, and another affirmative regulation about the charge. That is my difficulty.

I am trying to act in perfectly good faith in this matter, and I would ask that the new Clause be withdrawn. I will undertake, between now and when the Measure goes to another place, to see whether or not it is possible to meet the intention. But I should be doing wrong to the House if I did not indicate the physical difficulty of distinguishing between the financial charge and the terms and conditions of use—the conditions relating to the negative procedure and the charges to the affirmative procedure. If I can find a form of words, and if there is no insurmountable difficulty in distinguishing between the conditions and the charge, I will see what I can do when the Bill is before the other place.

By the leave of the House, I wish to say that I think the Postmaster-General has met us very fairly indeed on this matter, and has defined our intention. As he says, we have got into a procedural stage where it is quite impossible to deal with the matter here, since we do not wish to read the Clause a Second time because of its inherent fault. Even if we did read it a Second time and we left in subsection (3), it still would not do what we want it to do. In those circumstances, and in view of the fact that the right hon. Gentleman says he will consider it again and see whether he can meet us, we shall be happy to leave the matter in his hands, and I beg to ask leave to withdraw the Motion.

I think the other place cannot put into the Bill the Clause we want to have inserted, without bringing in the question of the exclusive control of this House over finance; but if we carry the Clause now then the other place can amend it on the lines suggested by the right hon. Gentleman.

Motion and Clause, by leave, withdrawn.

Clause 1.—(POWER OF POSTMASTER-GENERAL TO REGULATE USE OF THE TELEPHONE SYSTEM, ETC.)

I beg to move, in page 3, line 9, to leave out from "provide," to "for," in line 10.

This Amendment is the same as the one moved during the Committee stage which, as the Postmaster-General will recall, was withdrawn after an abbreviated discussion in view of the undertaking he gave to go further into the matter. The Amendment is designed to take out of the Bill certain words which seem to give unduly wide power in the making of the regulations. The words are:

As there is no Amendment in the right hon. Gentleman's name on the Order Paper, and as we attach some considerable importance to the matter, we have put down another Amendment. I do not intend to worry the House again with the arguments of principle, but it is my belief that these words might entitle the right hon. Gentleman to set up administrative tribunals and to deny to the subscriber power to go to the court when a dispute arises. It is for that reason that we have put down the Amendment.

As the hon. Member for Kings-ton-upon-Thames (Mr. Boyd-Carpenter) stated, my right hon. Friend said that he would consider this matter between the Committee stage and Report. He has reached the conclusion that as the Clause is now drafted the powers are too wide, and because of that he is very happy to accept the Amendment.

I am much obliged to the Postmaster-General for accepting the Amendment. We were agreed again on what was required to be done, and I am very glad that my hon. Friend has been more successful than I was in getting the Amendment right.

Amendment agreed to.

Motion made, and Question proposed, "That the Bill be now read the Third time."

4.25 p.m.

We would not wish to part with the Bill without saying that we have had a useful discussion. The right hon. Gentleman has accepted a number of points we consider important, and the Bill leaves us a better Bill than when it first came before us.

I am much obliged to the hon. and right hon. Members on both sides of the House for their help in improving this Bill. It is now a much better Bill than when it originally came before us, and the thought that we have applied to it has given the Post Office a better instrument.

Question put, and agreed to.

Bill accordingly read the Third time, and passed.

Double Taxation (Burma)

4.26 p.m.

I beg to move,

That an humble Address be presented to His Majesty, praying that, upon the ratification by the Government of the Union of Burma of the Agreement set out in the Schedule to the Draft of an Order intituled the Double Taxation Relief (Taxes on Income) (Burma) Order, 1951, a copy of which was laid before this House on 29th May, an Order may be made in the form of that draft.

This Agreement with Burma is one of a series of double taxation agreements we have been making since 1945 and which, as I have explained to the House, follow the Model Agreement originally drawn up by the League of Nations and afterwards by the United Nations Fiscal Commissions. We have now concluded agreements with a number of countries, including the United States, the Netherlands, Sweden, Denmark, France, Canada, Australia and so forth.

This Agreement relates in the case of Burma to the Burmese income tax, super tax and business profits tax, and in the case of the United Kingdom includes Income Tax, Surtax and our own Profits Tax. It follows the ordinary pattern, that is to say it gives relief for double taxation, on the one hand, by exempting certain types of income from the tax of one of the contracting countries and, on the other hand, by instituting a system of tax credits where the income would otherwise remain doubly taxed.

The main types of income, exempted from tax, derived from one country by a resident of the other are, as in the other agreements, trading profits arising other than through a permanent establishment in the country which relieves the tax and also shipping and air transport profits. There is a final overriding provision that where income continues under agreement to suffer tax in both countries, credit is given by the country in which the taxpayer is resident for tax already paid in the country from which the income originates. I was asked by the hon. and learned Member for Wirral (Mr. Selwyn Lloyd), amongst other questions, how long the French agreement was to last. The present agreement is to last five years and is thereafter terminable by no less than nine months notice given by either party. That is the substance of the matter, and I hope that the House will approve the Order.

4.28 p.m.

I think we can welcome this Agreement, particularly as it is with the comparatively young and newly independent country of Burma. Burma has had so many difficulties to contend with since she achieved independence that it is indeed a most happy and welcome sign that His Majesty's Government should have been able to work out with the Government of Burma such a satisfactory agreement.

Furthermore, it is a generous gesture on the part of Burma because, from my reading of the Agreement, the nationals of this country possibly stand to gain more from the Agreement in the present circumstances than do the nationals of Burma. We are therefore receiving generous treatment from the Government of Burma who have recognised the need of collaboration of this sort. I well remember the pleasure of meeting the senior Treasury official of the Burmese Government when I had the honour to be a member of a Parliamentary delegation to Burma in the beginning of 1950 and a very able and willing individual he was. I think it is possible to detect something of this spirit in this Agreement.

I am sure this Agreement will not lead to any strain on the finances of Burma. At the same time, we have to realise how difficult things are for companies operating in Burma, and this Agreement will therefore represent a very satisfactory relief for them.

I was interested in particular to notice that under Article 4 there is a provision made for raising the level of profits of a company or enterprise wherever a transaction has been carried out at less than what might be called the arm's length price. We had a thorough discussion on that matter on Clause 34 of the Finance Bill. I should like to get some assurance that if the estimated profit is raised at one end there will be a corresponding relief granted at the other end, particularly in what might at the other end be regarded as capital expenditure.

I should also like to know why the Agreement has been so long in coming through. The protocol was worked out in 1948, and we are only now getting the Statutory Instrument here in 1951. It is interesting to notice that the business profits tax imposed in Burma in 1948 somehow slipped through the main Agreement of 1950 and had to be covered by a supplementary protocol. It seems an unusual error, and it would be interesting to know the reasons for it.

I should like to conclude by saying how much I welcome this Agreement, and I wish that the Government of India might look further to the East and see what Burma has accomplished, and perhaps try and do likewise.

4.32 p.m.

I also welcome this Agreement. The Financial Secretary will concur in the opinion that conditions have been very difficult for the British trader operating in Burma, and any mitigation of those difficulties is greatly to be welcomed. It is also very encouraging to see some kind of co-operation by the Government of Burma, however, slight. I express the hope that from now on we shall see some further signs of cooperation from that Government and that the lot of British companies and individuals trading in the very rich land of Burma will become a little less unpleasant than it has been up to now. I hope this will not be the last financial or trade agreement that His Majesty's Government will make with the Government of the Republic of Burma.

4.33 p.m.

Perhaps I might reply to the question asked by the hon. Member for Altrincham and Sale (Mr. Erroll). I agree with him how satisfactory it is that we have been able to conclude an agreement with Burma in the present circumstances. He asked how it came about that the provision relating to business profits tax appeared in a supplementary protocol and not in the main agreement. That is simply because the Burmese Government imposed a business profits tax after the negotiations had been concluded. Therefore, it was necessary to bring it in by this special arrangement.

Question put, and agreed to.

Resolved:

That an humble Address be presented to His Majesty, praying that, upon the ratification by the Government of the Union of Burma of the Agreement set out in the Schedule to the Draft of an Order intituled the Double Taxation Relief (Taxes on Income) (Burma) Order, 1951, a copy of which was laid before this House on 29th May, an Order may be made in the form of that draft.

To be presented by Privy Councillors or Members of His Majesty's Household.

Shops (Closing Hours)

4.35 p.m.

I beg to move,

That an humble Address be presented to His Majesty, under subsection (1) of section seven of the Shops Act, 1950, praying that the provisions of that Act relating to general closing hours which have effect only as respects the winter months, being provisions which would otherwise expire on the tenth day of December, nineteen hundred and fifty-one, be continued in force for a further period of one year until the tenth day of December, nineteen hundred and fifty-two.

The provisions which I am asking the House to continue in force are those contained in Section 2 of the Shops Act, 1950, and do two things. First, for the winter months, that is to say, from the first Sunday in November to the day before the first Sunday in March, they fix general shop closing hours of 6 p.m. and 7.30 p.m. on the late day. Second, they allow local authorities to substitute other hours, that is to say, 7 p.m. for 6 p.m. and 8 p.m. for 7.30 p.m. on two late nights.

The hon. Gentleman said that the closing hour on the late evening during the winter months was 7.30 p.m. Should it not be 7 p.m.?

Is it not 7.30 p.m.? I think it is 7.30; I think the hon. Gentleman has misread the Section. If these provisions are not continued in force the hours fixed by the 1928 Act will continue throughout the winter, that is to say, 8 p.m. and 9 p.m. on the late night.

4.37 p.m.

The Undersecretary has given the House a very brief account of the reason why this affirmative Resolution is brought before us. If there was some misunderstanding about the exact terms of Section 2 of the Act of 1950, it is perhaps understandable since that is a consolidation Measure and the wording which has been retained in that Act was, I think, the wording which was in the earlier Act but subject to the alterations in hours which were made during the war.

I want to explore for a moment some of the reasons behind the Motion which we have before us, and to ask the Undersecretary a few questions about it. I would remind the House that so long ago as April, 1947, the committee which the Government set up, known as the Gowers Committee, made a report upon this whole question of the hours of closing of shops. Up to that time we had been working under the war-time system. It was obviously desirable during the war, with the risk of air raids and the consequent dislocation and curtailment of transport services, that shops should shut earlier than they normally would have done in peacetime.

The Gowers Committee however, believed—they felt very strongly about it and, indeed, were unanimous—that the war-time system should not be continued indefinitely during peace, and I need hardly remind the House that one of the principal recommendations of the Gowers Committee was that on the late day the hour of closing should be 8 p.m. and on other days 7 p.m. They were, as I have said, unanimous on that point. But we are still in the situation where we are continuing what was originally a war-time position. The Government are still asking us to continue with a closing hour of 7.30 on the late day and 6 p.m. on any other day.

There is, I know, the qualification that local authorities have powers to make certain changes, but I think this is an opportunity which has not arisen for some time for us to consider whether or not it is wise and desirable, not only in the interests of those who own and work in shops but in the interests of the community as a whole, that those hours ought to be made later.

My first question is this: How long will it be before the Government believe that this recommendation of the Gowers Committee will be implemented? The Committee reported in 1947 and it is now 1951; and year after year these similar Addresses are put before the House and we are asked to continue what was originally a wartime expedient. I think we also might have some indication from the Government as to what is their case for continuing the earlier closing hours.

I want to refer, if I may, to the recommendation of the Gowers Committee on this point. In paragraph 19 of their Report they said:

That is the first of the two questions I want to put to the Government: How long will it be before they make up their minds to implement that recommendation of the Gowers Committee? There are certain indications as to what the Government propose to do about it. From time to time hon. Members have put Questions to the Home Secretary on the matter. For example, in December of last year the hon. Member for Ogmore (Mr. Padley), whose interest in the question of shops and closing hours is understandable, put a Question to the Home Secretary and received this answer:

I want to add one further point—and again, with the permission of the House, I will quote from the Gowers Report. It is not to be expected that everybody will agree, without any modification or qualification at all, to a later closing hour for shops. None of us wants to go back to the bad old days when shops stayed open until midnight and sometimes even later, but in view of the fact that we now have full employment and that many people are finding it increasingly difficult to do their shopping, then we must consider the position which will arise if we continue the earlier closing hours during the winter months for a further 12 months, as we are asked by the Government.

In paragraph 20, the Gowers Committee gave some statistics on the subject and said:

Those are a few questions which I think we on this side of the House are legitimately entitled to put to the Home Office on this subject. I ask for some indication of when these recommendations of the Gowers Report, strongly phrased as they were, unanimous as they were, will be brought into operation. Bearing in mind that we are now entering a new rearmament drive, I do not believe that people will be prepared indefinitely to put up with these very early hours on ordinary days.

If we have women working in industry, possibly engaged on re-armament, who also have a home to run, they must have some time in which to do their shopping. If the shops are to close at the same time as the factory, then such a woman has to do her shopping on her way to work, during her luncheon break or whenever she can possibly manage to steal a half-hour off—and that is not always easy. This has become a more pressing problem than it has been for the last few years and I hope we shall receive from the Government a statement of their intentions.

4.48 p.m.

My hon. Friend the Member for Henley (Mr. Hay) has very adequately summed up the recommendations of the Gowers Committee and I do not wish to repeat what he said, because those arguments are very compelling in themselves. It seems to me very desirable, however, that we should have a debate on this Address, because this Motion is moved year after year. I could not help noticing that when the Under-Secretary of State moved it today the only reason he gave as to why we should accept it—and I do not think I missed any of his remarks—was that if we did not accept it the provisions of Section 2 (1, b ) of the Shops Act would then apply to the winter months.

In other words, the House is presented with this dilemma: either we accept the Motion or else we make the closing hours for shops during the winter 8 p.m. on ordinary nights and 9 p.m. on late nights. That is the position in which the House is put every year as long as the Government do not introduce amending legislation on the lines of the Gowers Report. When the Motion is moved each year by the Government the House has no alternative but to accept it, because I think we agree that for the present the hours of 8 p.m. on ordinary nights and 9 p.m. on late nights could not be introduced as the general closing hours.

I am sure that the Under-Secretary of State himself appreciates that this state of affairs cannot continue, that the House cannot continue accepting this state of affairs year after year and that we are entitled to two things today: first of all, arguments to show why the Address should be presented and, secondly, some idea when the Government will stop asking the House to continue this extension.

Section 7 (1) is quite explicit in its wording. It says that the provisions of Section 2 (1, a ) shall come to an end on 10th December, 1950, unless an address to His Majesty is presented by either House of Parliament. I really think we should not be asked year after year to adopt this exceptional procedure without any reason being given at all.

I want to carry a little further one of the points my hon. Friend the Member for Henley (Mr. Hay) has already made. He has pointed out, upon the authority of the Gowers Report, that six o'clock is too early a closing hour for the convenience of the shopping public. Under this provision six o'clock is the latest hour at which shops may legally remain open unless they come in the exempted categories. We all know that if six o'clock is the latest legal closing hour a good many shops will, in fact, close before it, and certainly in London a great many shops close at 5.30 or even 5 o'clock, and that makes shopping almost impossible for those who have to earn their livings and still take care of domestic matters.

If the Government were to introduce the amending legislation which is overdue and make 7 o'clock on ordinary days the latest legal time of closing, then, I think, a great many of the shops which now close at 5 or 5.30 would remain open until 5.30, 6 o'clock or 6.30, and so enable people, and housewives in particular, coming home from work to do their necessary shopping for their households. I hope that the Under-Secretary of State will bear these arguments in mind and take the opportunity to address the House on this matter again.

4.52 p.m.

My hon. Friends on this side of the House, too, would welcome amending legislation, of course; but we hope that when the Government are considering it they will not pay too much attention to the observations which have been made from the other side of the House about the Gowers Report. We, as representatives of the distributive workers' organisation, do not accept for a moment all the proposals and suggestions in the Gowers Report. We think that that Committee's gathering of opinions was much along the lines of those who conduct Gallup polls, and that the Report does not necessarily reflect the general opinion, experience or difficulties of the ordinary shopping public.

Does the hon. Gentleman remember that the present Chairman of the Labour Party Executive was a member of the Gowers Committee?

I am quite aware of that, and aware also, of course, that the Trades Union Congress, which represents a good proportion of the working women of this country—the vast proportion if we include the wives of working men—supported the point of view of the trade union to which I belong.

As a matter of fact, if there were any general need to increase shopping hours to the extent which has been suggested by the hon. Gentlemen opposite, those of us who are connected with the Co-operative movement would have heard about it, because the Co-operative societies, unlike the private traders, have quarterly and half-yearly meetings at which customers can express their views and grievances.

The Co-operative societies have a membership of something like 11 million. At no half-yearly or yearly meeting, or whatever it may be, has a consumer at a meeting said that the existing hours are insufficient to allow the shopping facilities required, and there is no movement which represents the shopping public more adequately than the Co-operative movement. It follows, therefore, that if the Co-operative movement can, with the present permitted hours of shopping, meet the needs of its members, who are all ordinary people who have family responsibilities and have to earn their livings, and not ladies of leisure, it would be a sorry thing if the hours were extended.

I want to put another point. There will be strong objection from the organised distributive workers. Their point of view ought to be taken into consideration, too. We know that there are those who would gladly go back to closing at 9 o'clock or 10 o'clock or even 12 o'clock. We know that if such late hours were permitted there would be shopkeepers who would not close their shops until they were sure that their neighbours' and competitors' shops were already closed. We do not want to go back to that sort of thing, and I do not think we need. I do not think there is any need for it. I think the existing hours are reasonable, and I do not believe that there is a hue and cry by people that they have not time to do their shopping. We do not believe that that is actually true.

Even during the war, when hours were far more circumscribed than they are today, enlightened shopkeepers and the progressive Co-operative societies saw to it that women who were working needed not to go to the shops at all for their main requirements. They undertook to deliver the goods, and they saw to it that those people had their fair shares of goods in short supply. They still see to that. The working woman sent to or left at the shop an order for her goods, and they were delivered.

I hope, therefore, that my hon. Friend the Under-Secretary of State will consider the point of view of the organised distributive workers, and have regard to the experience of the Co-operative movement, which represents 11 million consumers, mostly people who come in the categories described by the hon. Gentlemen opposite of people who are hard pressed nowadays and who are earning their living. There is no outcry that the shop hours should be extended, and I do not think there is any substantial case for extending them.

Can the hon. Gentleman explain how, if the hours of shop assistants are limited by law or by agreements, an extension of the opening hours would operate to their detriment?

It is not necessarily by law but by trade union agreement, and the distributive trades, unfortunately, are not so well organised as some trades are, although they are moving in the right direction. In any case, surely the man behind the counter—or the woman behind the counter—has some right to recreation and to leisure time, and to have that right taken into consideration?

The hon. Gentleman has misunderstood my question. We are discussing the possibility of amending legislation. Clearly, that amending legislation could take care of the matters the hon. Gentleman has in mind.

I do not know that, as a trade union, we are very anxious for the State to protect us. We prefer to protect ourselves. Most unions take that line. Their function and purpose is not to rely too much on the State for protection but, by their strength, unity and their own organisation, to get for themselves the benefits and conditions to which they are entitled.

If the hours were extended it would not necessarily follow that the shopping public would take advantage of the longer hours. I think that everybody knows now, with the earlier closing, that the last half hour is not a busy time. Everybody knows that if 8 o'clock were the latest time for closing only the odd few would go to the shops in the last half hour, or at the last minute. In the main, ordinary people have become accustomed to the earlier hours, and they have ordered their lives so as to fit in with those hours.

Since these provisions were first introduced, the five-day week has become almost universal in industry, so that even those who are at work have Saturday mornings on which to do their shopping, whereas before the five-day week they did not enjoy that advantage. We therefore think that the hours laid down should be included in any amending legislation which is introduced, and I hope that the Under-Secretary will bear that in mind when such legislation is framed.

5.1 p.m.

I do not want to introduce any controversy into this matter, because I think it would be undesirable so to do. The case for reconsidering this question has been so ably and completely put by my hon. Friends that there is not much I want to add. All hon. Members have joined in asking for reconsideration, and I ask the Under-Secretary to bear this in mind. There is no dispute that one of the great needs of the country at the present time is increased production. Increased production can be brought about in a number of ways. In some cases it can be, and is being, brought about by longer working hours. I do not say longer hours all over the country, but certainly in offices and concerns of that kind.

If longer hours have already crept in here and there, and if even hon. and right hon. Gentlemen on the Government Front Bench want to increase working hours under the re-armament programme, surely, in a small way, there is an influence against that situation being accepted if the closing hours of shops are unduly early. I ask the Under-Secretary to remember that when this matter is being reconsidered.

This measure has been described as a war-time expedient. Today, we heard the Foreign Secretary say—although I did not hear any very great sigh of relief go up when we heard the announcement—that we are now at peace with Germany. Would this not be a suitable opportunity to consider the abolition of a war-time expedient?

5.3 p.m.

With the leave of the House, I should like to reply to the points which have been raised, beginning with that made by the hon. and gallant Member for Scotstoun (Colonel Hutchison). We all want increased production, of course, but I can imagine nothing which would contribute less in that direction than a possible increase in the number of people engaged in the distributive trades. That must be considered as one of the factors, although it is not the only factor by any means. To consider the desirability of longer working hours for shop assistants, and, if not, then a possible increase in the number of assistants required to serve in the shops, would have the opposite effect from the effect desired by the hon. and gallant Gentleman in increasing production.

We must also consider the points of view of the shop assistants and the shopping public. My hon. Friend the Member for Jarrow (Mr. Fernyhough) gave the illustration of the Co-operative movement and what had happened there. We all know that that is a consumers' cooperative movement, and their views are, therefore, very important. We also have the views of the Gowers Committee, which the hon. Members for Henley (Mr. Hay) and Bucks, South (Mr. Bell) have mentioned. All those factors have to be considered.

I offer this Motion tonight purely as a stop-gap, pending legislation. While the hon. Member for Henley did not press the point, he asked why, since we had had the Consolidation Act of 1950, we could not have some real legislation. He will realise that, because that was a consolidating Measure, it went through very quickly indeed.

My point was simply this. Since we have taken the first step, which was consolidation, how long have we to wait before we get the other step?

That is a fair question. It is a point I was just coming to, and is the essence of this short debate. When are we going to legislate? As my right hon. Friend the Home Secretary said more than once, he wants to legislate but at this stage he is by no means certain what hours to have in the Bill that he offers to the House. He wants to legislate; he is considering the reports made to him and the other expressions of opinion that have been put before him, but I cannot promise when that legislation will be introduced, and I offer this Motion merely as a stop-gap means of dealing with closing hours.

Question put, and agreed to.

Resolved:

That an humble Address be presented to His Majesty, under subsection (1) of section seven of the Shops Act, 1950, praying that the provisions of that Act relating to general closing hours which have effect only as respects the winter months, being provisions which would otherwise expire on the tenth day of December, nineteen hundred and fifty-one, be continued in force for a further period of one year until the tenth day of December, nineteen hundred and fifty-two.

To be presented by Privy Councillors or Members of His Majesty's Household.

Rivers (Prevention of Pollution) (Scotland) (No. 2) Bill

As amended (in the Standing Committee), considered.

Clause 1.—(DUTY OF SECRETARY OF STATE IN RELATION TO PREVENTION OF POLLUTION OF RIVERS AND OTHER WATERS.)

5.6 p.m.

I beg to move, in page 2, to leave out lines 4 and 5, and to insert: was to make the Order under which the Secretary of State set up his Advisory Committee subject to the negative Resolution procedure. I indicated to the Committee that we did not favour that method of parliamentary control, in that what was being set up was an advisory committee and the Secretary of State, or other Minister, should be entitled to select his own advisory committee without having to come to Parliament and possibly having the Order under which it was set up negatived under our procedure.

On the other hand, we recognised that it was desirable to have parliamentary control over the type of person who would be selected for that Advisory Committee, and in Committee I indicated that at this stage of the Bill we would table an Amendment whereby we would set out in the Bill itself the type of person from whom selection to the Advisory Committee would be made. This Amendment seeks to do that. The House will see that the Advisory Committee shall consist of representatives of interests such as

My hon. and right hon. Friends are very glad indeed that the Government have decided to put down this Amendment. To carry the right hon. and learned Gentleman's memory back a little further, I did draw the attention of his right hon. Friend to the fact that he did not on Second Reading specify what were his intentions as to the composition of this Committee, and the Secretary of State then indicated that he had in mind just the type of interests mentioned in the Amendment. In fact, he gave an assurance that that was what he intended.

I am certain that all of us on this side of the House were quite willing to accept the right hon. Gentleman's assurance, but, as the right hon. and learned Gentleman has said, it is better that it should be in the Bill itself, and we are grateful that the Government have come to that conclusion. We are glad that this Amendment is now to be written into the Bill.

Amendment agreed to.

Clause 6.—(FINANCIAL PROVISIONS.)

I beg to move, in page 6, line 18, at the end, to insert:

The Lord Advocate said on that occasion that he would take soundings. It was not suggested that he should consult the great associations. We felt that if in his consultations he had discussion with one or two well-known figures among the local authorities, we would be perfectly content to accept his views on the point when the Bill again came before us. Certain discussions have taken place. I understand that the Lord Advocate is now in a position to give us the result of those inquiries, and so I will not delay the House longer. We do not expect the Lord Advoate to give chapter and verse on this occasion, because those from whom he took informal opinions would not wish to have their views quoted in the House. We would be perfectly content to take his assurance as a result of those informal consultations.

The right hon. and gallant Member for Kelvingrove (Lieut.-Colonel Elliot) has, I think, fairly put the position before the House. I did undertake that, so far as it was possible, I would try to take soundings to get the reactions of representative persons in local authority spheres on this subject. The House will appreciate, having regard to the short interval of time between the Committee stage and this stage of the Bill, it would not be possible to put formal representations up to the various local authorities associations, but it has been possible to sound the views unofficially of certain well-known figures in the local government world.

It is not possible for me to give the names of the people I consulted, because they were not consulted in their formal capacity but merely in a private capacity and, accordingly, could not speak for their associations. It would be rather embarrassing if they were quoted here without having the official sanction of the authorities behind them. The net result of these consultations was this: Having regard to the very limited functions which I explained during the Committee stage and to the fact that these functions, as we hope and are entitled to anticipate, will not involve a large amount of expenditure, they do not have any strong views one way or the other as to whether or not we should incorporate a figure in the Bill.

With that behind us, we reconsidered the question, and we came to the decision that, having regard to the factors which were elaborated at some length during the Committee stage, it was not desirable to put a figure into the Bill. The amount of expense involved will be, we hope, comparatively small. To put a figure into the Bill may be rather misleading and give rise to perturbation on the one hand and to a certain fillip on the other to spend up to the permitted amount.

I think that on reflection the right hon. and gallant Gentleman will probably agree with us that it is better in the circumstances not to put a figure into the Bill but to leave it to the good sense of the committee to spend their money wisely, bearing in mind that the majority of the representatives on these boards will be local authority representatives, who will naturally have the interests of their authorities before them when they get any recommendation in regard to expenditure. For these reasons, we do not propose to accept the Amendment.

In view of the assurance the Lord Advocate has given, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Clause 16.—(REPORTS.)

5.15 p.m.

Amendment made, in page 11, line 8, leave out from "burgh," to end of line, and insert:

"whose district is comprised wholly or partly."—[ The Lord Advocate. ]

Clause 20.—(POWERS OF ENTRY AND INSPECTION.)

I beg to move, in page 14, line 9, at the end, to insert:

On reflection, we feel that the best method of tackling this problem would be to allow the sheriff, when issuing the warrant and having regard to all the circumstances of the case, to fix a time within the warrant, and if it should be that the authority should wish to have a further search after the expiry of the warrant, this would necessitate them going back to the sherriff and making out a case for a new warrant.

I am glad that the Lord Advocate has found it possible to meet the point raised by my hon. Friend the Member for Renfrew, West (Mr. Maclay), whose absence today, owing to family circumstances, we all regret. The point is a real one, and I think it was a good thing that it was raised by my hon. Friend. The Lord Advocate did meet it verbally during the Committee stage, but to have it written into the Bill is, I think, an advantage.

Amendment agreed to.

Further Amendment made: In page 14 leave out lines 15 to 17.—[ The Lord Advocate. ]

Clause 22.—(PROHIBITION ON USE OF STREAM FOR DISPOSAL OF POLLUTING MATTER, ETC.)

I beg to move, in page 15, line 4, after "matter," to insert:

The trouble in the Kelvin is—I explained this in Committee and I am sorry that some hon. Members did not hear it—that the pollution there is not noxious nor is it poisonous; so far as can be ascertained. If my interpretation of the word "pollution" is correct, then the scum which lies on the surface of the river and does not mix with the waters does not pollute. That river would be excluded from the operations of Clause 21 to the extent that the scum was neither noxious nor was it poisonous nor, if the meaning I attach to the word "pollution" is correct, was it polluting matter in the sense that might possibly be inferred. I should like to know from my hon. Friend whether the words, as used in the Bill, bring the River Kelvin within the scope of the Bill.

During the Committee stage my right hon. Friend promised that he would have another look at these words to see whether they were necessary, and because of that promise my hon. Friend withdrew his Amendment. On further consideration we confirm the view that was originally taken, namely, that both the considerations which my hon. Friend had in mind are covered. The phrase in the Bill

We have looked at the latter part of the Amendment, namely, "detrimental to amenity" and also at all sources of pollution as interpreted in its widest sense, and we cannot think of any matter that would be in a river which would be detrimental to amenity which would not be dealt with by the byelaws made by this authority, because in the circumstances it would also be polluting. If we accepted the Amendment we would be writing into the Bill words which are unnecessary, for they are adequately covered already. I hope that for these reasons my hon. Friend will be able to withdraw his Amendment.

In view of that assurance, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move, in page 15, line 12, at the end, to insert:

These two Amendments tighten the Clause considerably. The first Amendment provides, by the addition of subsection (1, c ), that anyone who deposits the solid refuse of a mine or quarry on any land so that it falls or is carried into a stream will be guilty of an offence punishable under this Clause. This will apply to both tidal and non-tidal streams. That is what the hon. Gentleman wanted in one of the Amendments which he moved on the Committee stage and then withdrew.

The second Amendment links subsection (4) not only with paragraph ( b ) but with the new paragraph ( c ) of subsection (1), and so protects the mine or quarry owner from prosecution if the refuse has been deposited with the consent of the river purification authority and all reasonably practical steps are taken to prevent the refuse entering the stream. If the authority withholds consent, subsection (5) of the Clause remains to enable the Secretary of State to determine in the case of a dispute whether consent has or had not been unreasonably withheld.

In brief, the Amendments together recognise the existence of the problem. They also recognise the difficulties of dealing with it, and secure that the depositing of refuse on the banks of a stream shall in future be allowed only under effective control.

Will the hon. Gentleman make provision in the Bill to reclaim land on the shores of the Forths? Will he see that there can be no challenge by a polluting authority, thereby preventing the reclamation of the land?

As the hon. Gentleman said, this Amendment follows an undertaking which I was given on the Committee stage. I am much obliged to him for what he has done, which more or less meets what I wanted. But we are still left with the problem that these piles of rubbish may be put on the side of a stream and may fall into the stream. If the argument is advanced that it is not practically possible to prevent that happening—one recognises that there are practical difficulties—I hope that the Secretary of State will keep the matter under review, and that more and more the authority will insist upon the Coal Board and other concerns looking after their waste products and preventing it falling into and polluting a stream.

5.30 p.m.

In reply to my right hon. Friend the Member for East Stirling (Mr. Woodburn) I would say that the Amendments which we now propose would not prevent the deposit of that mine refuse, if the purification authority were satisfied that no harm would be done. There are many mines which deposit refuse on the banks of the Forth and particularly round the tidal water areas, so that the refuse runs straight into the tidal waters.

As the Clause was drawn, that would have been an offence only if the deposit of the refuse had impeded the flow of the water. There are many places where the flow of the water would not be impeded. However, that was felt to be an inadequate provision and we now propose to tighten it up in this way. Where land is being reclaimed by the deposit of mine refuse on the banks, and where the river purification authority can see no harm in it, they would normally, I should imagine, grant consent.

I would further say, in reply to the hon. Member for Fife, East (Mr. Stewart), that the position is pretty fully covered. There are many mines, particularly in the Fife area, where refuse has for many years been discharged on to a heap on the coast and later been pulled into the sea. It has then been washed up on the foreshore of other parts of the hon. Gentleman's constituency, much to the annoyance of the town council and of the holidaymakers who have been privileged to go to his part of the country. The river purification authority will now have an opportunity of examining further discharges. Where refuse is standing in an existing heap, the authority will be able to prevent further deposits if they think there is an alternative and are satisfied that the alternative is reasonable. There are many such pit bings along the Fife coast.

If I may ask my hon. Friend a question, with the leave of the House, it would be whether, before the Bill reaches another place, he will look into the point that, now that the Bill has been drawn so tightly, it does not become possible for people who have not the interests of our country at heart to interfere with some of the amenities on Forthside. Otherwise, we may once more find mining operations resulting in huge mountains of slag such as have been a disgrace to Scotland for many years. Cannot such matters be made a subject of appeal to the Secretary of State as to whether the authority is taking a reasonable attitude?

I would also ask the Minister, by leave of the House, a question about the obstruction to the course of a stream and whether he will bear in mind the undertaking which he gave to me during the Committee stage, and which is recorded in column 150 of the OFFICIAL REPORT of the third day's Proceedings? He said that he would have another look at the point I had raised regarding the flow of a stream. I had used in the Committee the example of a bridge, but that is only one example. I do not see in the Government Amendment any implementation of that undertaking. It may be that I do not understand the Amendment, but I would not like it to pass from us without getting an assurance on the matter from the Minister.

With the permission of the House, I should like to check the undertaking which I gave to the hon. Gentleman. I do not want to give an inadequate reply if I can give a full one. I see that in Column 15, line 20, of the OFFICIAL REPORT of the Committee, he asked me if I would have another look at the question which he was putting. I doubt whether I can go into the matter further just now, but I will very gladly have conversations with the hon. Gentleman to see whether I can clear the matter up.

I should like to know whether encouragement would be given to a local authority which wanted to utilise refuse from a pit bing in order to reclaim the banks of a stream so as to return the stream to its usual channel. In many parts of the country work of this character has been done at considerable expense. It would be rather ridiculous to go to a much larger expense than might be necessary for agricultural or other purposes if we could not use the refuse from the pit bings because we were not permitted to tip it into the widened channel.

I take it that all these matters will be within the discretion of the boards. We must trust the river boards to act in a discreet fashion. There is no doubt that it would be a pity if we circumscribed the powers which they have and which we seek to give them, if they were properly exercising them in regard to pit refuse. Much of this refuse is being spread up and down our coasts, ruining some of the most beautiful little foreshores in our land. At the same time, the whole purpose of the Bill is to set up a responsible body to deal in a responsible way with these matters, and we have every confidence that they will do so.

The use of the word "refuse" in connection with a pit bing is a somewhat exaggerated form of the word, when we remember that it is soil which has been capable of producing the enormous coal crops which we use now. There is nothing more romantic than to see a pit bing, which is the soil of 300 million years ago now come to the surface of the earth again. It is always a very remarkable and interesting fact that after such a long period of burial it is capable again of growing first-class trees. For all I know, it may be starting the cycle of coal treasures again. I do not think that it would in every case be a disadvantage even to the river to have land reclaimed in its vicinity by the use of this ancient soil, and I hope that too narrow a view of the matter will not be taken.

Amendment agreed to.

I beg to move, in page 15, line 13, to leave out subsection (2), and to insert:

That was the purpose of the subsection in the first place and it is also the purpose of the amended subsection. It makes clearer than did the earlier subsection that it is the authority which discharges in the river the offending effluent which is the guilty authority even though the polluting matter comes from another local authority or from an industry.

From such study as we have been able to make we are also of the opinion that this is a drafting Amendment.

Amendment agreed to.

I beg to move, in page 15, line 34, to leave out subsection (3), and to insert:

(3) Where no byelaw made under paragraph ( a ) of subsection (1) of section twenty-five of this Act is in force as respects any stream or part of a stream prescribing a standard for the purpose of determining when matter is in any particular respect to be treated as poisonous, noxious or polluting, it shall be a defence for a person charged with an offence under paragraph ( a ) of subsection (1) of this section in respect of the discharge into that stream or part of matter which is poisonous, noxious or polluting in that respect to prove that—

During the Committee stage my right hon. Friend the Secretary of State, when dealing with Amendments to subsection (3), which it is proposed to replace, explained that he would prefer not to amend the subsection any further—he decided not to move an Amendment standing in his own name—because he wished to recast the Clause. As the subsection stands, it is only necessary for the offender:

"… to prove that the best practicable and reasonably available means have been used to render the matter entering that stream or that part thereof harmless and inoffensive."

The new subsection tightens up the grounds of defence while at the same time making the defence available to a larger category of persons. It removes from the Bill the words "harmless and inoffensive" which are out of keeping with the other provisions of the Bill relating to poisonous, noxious and polluting matter. It also meets the point made by my hon. Friend the Member for Glasgow, Central (Mr. McInnes), in Committee about the words "reasonably available," which are now omitted. I believe that the Amendment improves the subsection.

Amendment agreed to.

Further Amendment made: In page 15, line 43, after "( b )," insert "or ( c )."—[ Mr. T. Fraser. ]

5.45 p.m.

I beg to move, in page 17, line 5, to leave out from "section," to the end of line 14, and to insert:

There was no acrimonious discussion on the point because the pros and cons of the argument on both sides were fully canvassed and it was left in the position that further consideration would be given to the matter because, as the Bill stood, once it was established that the company had committed an offence, the director or other officer was deemed to have committed it unless he proved that he had not consented to it, connived at it or been a party to it.

Discussions took place and we considered the matter very fully, and we have come to the decision that it would be better to have in the Clause the operation of what is regarded as the normal rule of law, namely, that the onus should be on the prosecution to prove not only that the company committed the offence but also that the director or other officer concerned was also a party to the commission of the offence. We know that, in recent legislation particularly, the previous formula has been accepted, and I want to make it clear that in altering the formula in this case I am not necessarily committing ourselves to accepting the formula in every case, because, manifestly, each case would require to be dealt with on its own merits.

In the circumstances we are in effect giving to the right hon. and gallant Member for Kelvingrove (Lieut.-Colonel Elliot) what he sought in his Amendment on the Committee stage. It is a matter of very fine balance but, on reflection, we think that the balance has come down on his side, and accordingly we are very happy to accept the Amendment which he proposed in Committee and which we have now put in our own words instead of the words proposed by some hon. Members opposite.

The House will grasp from the somewhat unusual conjunction of names heading the Amendment that this is indeed a non-party occasion. An Amendment which is moved in the name of the Secretary of State for Scotland and is followed by not merely my name but those of such robust fighters as my hon. and gallant Friend the Member for Pollok (Commander Galbraith), my right hon. Friend the Member for Moray and Nairn (Mr. J. Stuart), my hon. and gallant Friend the Member for Scotstoun (Colonel Hutchison) and my hon. and gallant Friend the Member for Hillhead (Mr. T. G. D. Galbraith) is obviously one which enjoys a concatenation of authority not usual in the House. That the Amendment should in addition be moved by the Lord Advocate adds to its authority, and we are very grateful to have his counsel on this matter.

The right hon. and learned Gentleman gave the assurance during the Committee stage that the matter would be considered not on a party basis but from the point of view of getting the best formula for stopping the pollution of rivers so far as it is done by companies. I am sure that he has addressed himself to it with that sole object in mind. We are grateful that the words which we put forward have now been found worthy of acceptance and inclusion in the Bill at this stage. We are glad that the matter has been settled.

Naturally, if it has to be re-argued on another ocasion we shall be only too ready to hear the arguments for or against, but having on this occasion had the astonishing combination of authority of the Lord Chancellor, the Solicitor-General for Scotland and now the Lord Advocate for Scotland, it may take a good deal of effort to plead against those three powerful legal figures on a future occasion.

I was glad to learn that the Clause is to be amended in this way because there is a golden thread running through the British judicial system that a man is inno- cent until he is proved guilty. That thread should only be broken when there are reasons of principle to justify it.

While fully agreeing that each case must be considered on its merits, I was a little disappointed that the learned Lord Advocate should have said that in this case it was a matter of fine balance. These matters should not be regarded as ones of fine balance but of a principle which should never be reversed unless there are overriding justifications for it, as in the case of the Official Secrets Act, the Corruption of Officials Act or of the Acts dealing with drug peddling.

There are two famous examples where it is so easy to prove that it is easy to comply with the law, that the onus should be put on the suspected person to provide the necessary evidence, as in the case of registration with local authorities, and so on. But where there is to be any doubt the benefit should always be given to the person who would otherwise be believed to be guilty. Bearing in mind that the Clause as formerly worded made it difficult for the innocent person to establish his innocence, I am glad to see that the Clause has been amended and thereby improved.

I join with my right hon. and gallant Friend the Member for Glasgow, Kelvingrove (Lieut.-Colonel Elliot) in expressing gratitude to the Lord Advocate for having gone as far as he has. I have a particular interest in this subsection because a somewhat similar one appeared in he Bill which I had the opportunity of drafting as a Private Member's Measure to deal with the prevention of the pollution of the rivers of Scotland. I hasten to say that it crept in through an inadvertence on the part of the draftsman. I did not have the opportunity of presenting that Bill as all the available time was occupied by the highly contentious Measure which preceded my more calm and non-partisan Bill. In the Committee stage—

We are not discussing another Bill. We are discussing the Bill before the House.

I was only pointing out, Mr. Deputy-Speaker, that there was a somewhat similar Clause in my Bill. I was going on to say that on the Committee stage of this Bill I put down an Amendment to omit this subsection of the Clause for the reasons which, with your permission, I was about to put.

I am glad that the right hon. and learned Gentleman has gone as far as he has towards meeting our objections on this side of the House. I was, however, sorry when I heard him say that the previous formula had been a feature of legislation over the past five or six years under the Socialist Government, and that he could not possibly bind his colleagues or his successors on this point. I quite realise the position but I am hopeful that, as my right hon. and gallant Friend expressed it, the formidable combination on the opposite side of the House which we have in support of this draft formula may make it difficult for any future Socialist Government to overturn if it seeks to do so through the law courts.

Amendment agreed to.

I beg to move, in page 17, line 20, at the end, to insert:

It might be for the convenience of the House if I tried to summarise what occurs as the result of this Amendment. First, an offence has to be proved, and then it has to be proved that the director or other person was a party to the commission of that offence. That, of course, is a condition precedent to the invocation of this subsection. Once a conviction has been recorded and it is shown subsequently to the satisfaction of the court that the offence in respect of which a conviction has been recorded was substantially a repetition or a continuation of an earlier offence for which the company had been convicted, either under this Measure or under a previous Act such as the 1876 Act, then the director or other officer of the company shall be deemed to be liable to the higher penalties provided for under subsection (7) in respect of repeated or continued offences.

The justification for that is as follows. If the company and a director have been convicted of the second offence, and there was a previous offence for which the company had been convicted, it is legitimate to assume that the directors and the other officers were privy to the fact that the previous offence had been committed. But that presumption can be rebutted if the officer in question proves either that at the time of the second offence he did not know of the earlier conviction of the company or that at the time of that earlier conviction he was not acting or purporting to act in any such capacity. That is what is provided for in proviso ( a ) to subsection (9).

If a director or other officer of the company has been convicted of the offence, and it is shown to the satisfaction of the court that that offence was a repetition or a continuation of a previous offence, higher penalties are attracted by virtue of the other provisions of this Clause. As those may be what I might term running offences, the penalty can accumulate from day to day or from occasion to occasion.

In these circumstances a director who, having been found guilty may be liable to these higher penalties in respect of the running offences, can nullify the effect of the provisions of the Clause by saying either that during the time or times when such repetitions or continuations took place he was not acting or purporting to act in any such capacity as was mentioned, or that albeit he was acting in such capacity, the repetition or continuation took place without his consent or concurrence, and he exercised all due diligence in his capacity to prevent the repetition of the occurrence.

It might be easier perhaps if I tried to translate that into an example. Let us assume that an offence took place on 1st January of a specific year in respect of which the company was convicted, and then the company and the director were again convicted in respect of a second offence on 31st March, and it was established to the satisfaction of the court that there had been a continued repetition of the offence or a continuation of the offence between 1st January and 31st March.

6.0 p.m.

In those circumstances, under the provisions of the Clause as we have proposed to amend it, the director would be liable for the higher penalties in respect of the continued offence or repeated offence. He could modify these higher penalties by proving that, say, he was not appointed a director until 1st March, in which case the day-to-day accumulation of the penalties would run not from 1st January to 31st March, but merely from 1st March to 31st March. Alternatively, he could prove that up to 31st March he had done all in his power, in his capacity as an officer of the company, to prevent a repetition or continuation of the offence and, accordingly, he could modify the effect of the penal part of the Clause to reduce the maximum penalty which might otherwise be imposed upon him.

Subsection (10), which forms the second part of the Amendment, is necessary in view of the normal rules of criminal procedure in the Scottish courts. In a normal case, it is not competent to lead further evidence after the trial has reached the stage of a conviction; but in the circumstances envisaged by the Clause, it may be necessary, in order to bring in the higher penalties, to prove a number of facts which have not been proved during the currency of the evidence on which the conviction was returned; to prove that there are other facts which brought into operation the principles and provisions of the Clause.

Therefore, it may very well be necessary, after conviction, to have evidence led to show to the satisfaction of the court that the conditions laid down by the Clause have been fulfilled and that the higher penalties are thereby attracted. In these circumstances it has been necessary to make provision for the leading of such evidence after the initial conviction has been returned by the court. On the other hand, it is a principle of our criminal law in Scotland that where evidence is to be led, fair notice should be given to an accused person. Accordingly, the proviso to subsection (10) lays down that the prosecution must give notice to the accused person that such evidence will be led, and accordingly the accused person will be able to bring evidence in rebuttal if so advised.

The House does well to give some attention to this matter, because these are formidable penalties and might, indeed, involve periods of imprisonment and very grave consequences; yet it is desirable that the rivers should be cleaned up and that offences against the decency and beauty of our country should be pursued, to use rather a cliché, with the utmost rigours of the law. On this, of course, we shall be guided by the Lord Advocate in his technical capacity as adviser to the House as a whole, because I for one, am certainly not an authority on the more recondite points of law on which he was advising the House towards the conclusion of his remarks.

As for the earlier part of the Amendment, where appears the rather beautiful phrase that a director

The only important bodies to which that does not apply are, as far as we could find out during the Committee stage, local authorities. It does, however, cover all sorts of other companies, including the great public corporations which have been set up recently. Anyone invited to serve on, say, the Coal Board or other body would look with some apprehension at any stream which he passes, realising, as he may well do, that any discoloration in it may be causing him to be liable to heavy personal fines, or even to periods of imprisonment, if he cannot prove that he has done everything in his power to obviate any of the sins which the board might be committing after he took authority for its actions. That is one of the difficulties, and again the Clause will need to be reasonably administered.

It is impossible to come down on all the bodies in Scotland and to attempt in one fell swoop to apply penalties which it is possible to apply under the terms of the Act, as the Bill will become. They will need to be worked carefully, otherwise we shall find that unduly heavy penalties, unthinkingly applied, boomerang back, and eventually we will not get the convictions and will not secure what we all wish to secure—the cleaning up of the rivers. These provisions are, I think, an improvement on the Bill, and we on this side offer no objection to their inclusion.

I feel some apprehension after having heard the speech of the right hon. and gallant Member for Kelvingrove (Lieut.-Colonel Elliot), especially about the penalties, in which he envisaged that members of the bodies of whom he was speaking might be imprisoned as an alternative to being fined. I think we should have some explanation of this from the Lord Advocate.

It is not so very long ago that we had a Bill dealing with fresh water and with the salmon in it. With that precedent in mind, we are entitled to ask exactly what sort of penalties are to be inflicted in Scotland as a result of the legislation that we pass. Will the people to whom the Clause applies be liable to the same harsh treatment, for example, as the people who are convicted under the recent Salmon and Freshwater Fisheries (Protection) (Scotland) Act?

A learned sheriff in Inverness-shire has now issued his dictum that although in the first case a fine of £25 was imposed, in future cases it will not be a fine, but imprisonment. Imagine what will happen if people similarly minded take up this attitude towards a corporation and say to the Coal Board, "You will not be entitled to be fined. You will go to prison." All I ask is that the Lord Advocate should assure us that as a result of the Bill there is not the possibility of a sheriff issuing the same harsh judgment to the people who are indicted under it when it becomes an Act.

Sometimes in the House we do not give enough attention to the question of penalties, and the result is that we now find ourselves—

Yes, I am going off the subject. We have the precedent of the penalties administered under the earlier Act. The right hon. and gallant Member for Kelvingrove has drawn attention to a very important fact, and we should have some assurance that the penalty under the Bill will not be so harshly inflicted as under the recent legislation to which I have referred.

Amendment agreed to.

Clause 23.—(PREVENTION AND MAKING GOOD OF DEFAULTS UNDER S. 22.)

I beg to move, in page 17, line 40, to leave out subsection (2), and to in sert:

(2) For the purposes of the proviso to subsection (7) and of subsection (9) of the last foregoing section an order made against a person under subsection (1) of this section shall be treated as a conviction of an offence punishable under that section and any contravention by him of subsection (1) of that section shown to have been, or to have been wholly or partly due to, a contravention of or failure to comply with the order shall be treated as a repetition or continuation of that offence by him.

The purpose of the Amendment is to make an order under the Clause the equivalent of a statutory direction under the other parts of the Bill, so that if a person is in violation of an order he will be in the same position as if he had been in violation of one of the statutory provisions under which an offence can be committed. Therefore, if a person is in violation of an order and then commits a subsequent offence against the Act, he will be liable to the higher penalties similarly to a person who had committed two offences against the Bill proper.

Amendment agreed to.

Clause 25.—(BYELAWS.)

I beg to move, in page 20, to leave out lines 1 to 4.

The object of the Amendment is to delete paragraph ( d ) of subsection (1), which gives a river purification authority power to make byelaws controlling a ) of this Clause and, perhaps more particularly, the provisions of Clause 27, which provide for relaxations in standards, and again, in particular, of Clause 28, which deals with the new outlets into streams. In all the circumstances we have come to the view that the paragraph should come out of the Bill.

I thought this went a little further. The Joint Under-Secretary of State said that it should come out merely because it is unnecessary, but I thought the local authorities attached a certain amount of importance to this and that it alters to some extent the powers which the bodies would have to regulate storm overflow byelaws. I thought the local authorities attached importance to it and that it was a rather substantial point. Perhaps the Joint Under-Secretary of State will inform me if I am wrong.

The local authorities had views which they expressed on Clause 28 and the right hon. and gallant Gentleman will observe that we have a series of Amendments to Clause 28 which provide for a recasting of that Clause, and they give effect very largely to the views of the local authorities on outlets; but this deals with the question as apart from Clause 28.

Amendment agreed to.

Further Amendments made: In page 20, line 23, leave out "( d ) or ( e )," and insert "or ( d )."

In line 26, leave out "( d ) or ( e )," and insert "or ( d )."—[ Mr. T. Fraser. ]

Clause 26.—(SUPPLEMENTARY PROVISIONS WITH REGARD TO BYELAWS.)

I beg to move, in page 20, line 32, to leave out from "section" to "a," in line 33.

As the Clause stands, it is obligatory on the river purification authority to make a survey before making byelaws for any river, or part of a river for the first time, but, as it stands there is no obligation to do so before making an order revoking or amending existing byelaws. This seems to us wrong and we provide by this Amendment that even where it is amended byelaws which are being made, the river purification authority shall make a survey before making them.

We had assumed in the first place that those amended byelaws would be made when the survey was fresh in the minds of the river purification authority and might be made a very short time after the original byelaws were made, but we have had our attention called to the fact that amended byelaws might be made 10 or 20 years afterwards, and in the circumstances we provide by this Amendment that, in any circumstances, before byelaws are made a river purification authority shall make an inspection of the part of the river concerned.

I think the Government are well advised to bring forward this Amendment. Always there is a danger of having too many surveys and re-examinations, but, on the other hand, the condition of rivers changes, and let us hope it will change all the more quickly as a result of this Measure. Therefore, I think that a re-survey is desirable.

Amendment agreed to.

Clause 27.—(POWER TO GRANT RELAXATION IN CERTAIN CASES FROM COMPLIANCE WITH STANDARD PRESCRIBED BY BYELAWS.)

I beg to move, in page 22, to leave out lines 36 to 41 and to insert:

"( b ) it is not reasonably practicable for that person to dispose of the matter otherwise than by discharging it (directly or indirectly) into that or some other stream; and

( c ) that person is taking, or is prepared to take within such period as the authority in the circumstances of the case consider reasonable, all reasonably practicable steps to prevent the matter being unnecessarily poisonous, noxious or polluting."

This Amendment follows on the recasting of Clause 22 (3), in connection with the defence available to a person where no standard has been prescribed as regards the particular type of pollution for which he is prosecuted. The present Amendment brings Clause 27 into line with Clause 22 by using the same formula for a relaxation of standards.

Again this is a point which will have to be carefully scrutinised because "reasonably practicable" could be used to drive a coach and four through any provisions laid down. We have to allow this degree of latitude, but it is as well to draw attention to this while the Bill is before the House, because it would be a great pity if it were used as a means unduly to water down defences against pollution which we are trying to secure.

6.15 p.m.

This, and the next Amendment are Amendments to Clause 27. In Committee I proposed an Amendment dealing with outlets and the Joint Under-Secretary asked me to withdraw it on the understanding that he would look at the Clause again. His words were:

"we will certainly, before the Report stage, do what he requires."—[OFFICIAL REPORT, Scottish Standing Committee, 28th June, 1951; c. 190.]

I do not know whether the pledge which the hon. Gentleman gave me is covered by this Amendment, or the next Amendment, but certainly Clause 27 is the only Clause in which he could implement his pledge and I am asking where and how that undertaking is met in either of these Amendments.

The undertaking I gave the hon. Gentleman is being given effect to by a series of Amendments to Clause 28, which is a Clause dealing with new byelaws.

I beg to move, in page 23, line 25, at the end, to insert:

I think hon. Members on all sides will agree that this is a desirable Amendment. Its object is to secure some form of unanimity in relation to the particulars kept in such a register. It is not only desirable for administrative reasons, but, at the risk of having to disclose my interest, may I say that it might be very important in the case of a prosecution to have a definite standard for such records to be used in evidence.

Amendment agreed to.

Clause 28.—(RESTRICTIONS ON NEW OUTLETS AND NEW DISCHARGES.)

I beg to move, in page 24, line 5, to leave out from "impose," to the end of line 8, and to insert:

In consequence of the consultations we have had we have found this Clause to be deficient in many respects, and these Amendments, taken together, are intended to deal with the deficiencies that have been revealed. The first Amendment sets out the matters to be dealt with in the conditions attached to a consent to a proposed new outlet or new discharge. The second Amendment is merely drafting and consequential on the first one.

The third Amendment proposes the insertion of four new subsections in the Clause. I will say a few words about each of these proposed new subsections. The proposed new subsection (4) enables a river purification authority to impose conditions even where the authority's consent to a new outlet or new discharge has not been necessary or has not been obtained. Subsection (5) enables a river purification authority to vary or revoke conditions already imposed by them and empowers the Secretary of State to direct an authority to do so or to do it himself in the event of the authority failing to comply with his instructions.

The proposed new subsection (6) declares that the conditions shall be binding on any person using the outlet or discharging effluents from the land or premises to which the condition relates. Further, the new subsection (7) requires the river purification authority to maintain a register containing such particulars as the Secretary of State may prescribe of conditions imposed by them in relation to new outlets and new discharges; and specifies the persons who may examine any entry in the register. It also declares for the benefit of a person who is being prosecuted under the Clause that the register shall be conclusive as to the conditions with which any effluent has to comply.

I now turn to the fourth Amendment, which inserts two new subsections. Subsection (8) declares that the person who causes or knowingly permits a trade or sewage effluent not complying with conditions imposed by a river purification authority to enter a stream shall be guilty of an offence punishable under the main Clause of the Bill, namely, Clause 22. Subsection (9) attracts the provisions of Clause 23 as to apprehended pollutions.

The fifth Amendment, by amending the existing subsection (6) of the Clause, requires the Secretary of State to decide whether any variation of conditions is reasonable or not. The last of this series of Amendments restricts the application of subsection (7) of the existing Clause to conditions imposed by an authority when giving their consent to a new or altered outlet other than conditions to be specified before the outlet is brought into use or a new discharge begins to be made.

Generally, the intention of these Amendments is to enable a river purification authority to improve the condition of a river gradually by requiring effluents discharged into it to specify rather higher standards than those prescribed by bye-laws made by them under Clause 25.

The only comment I make is that this is a pretty substantial series of Amendments. They are very technical and have only been on the Order Paper for a very short time. Accordingly, it has been a little difficult in the time available to us, for us to consult with those who generally advise us on these matters. The Joint Undersecretary has no doubt lucidly explained what the subsections mean, but I confess that I have found some difficulty in following him.

If I do not—I do not know what my hon. Friends feel—resist this Amendment, it is not because I am entirely satisfied with it but only because I have the authority of the Joint Under-Secretary for saying that it is a good Amendment. I hope that between now and the further stage of the Bill in another place, we shall all have time to look at this matter a little more carefully, and if we find that there is something here which is not altogether right—and it has been proved that this Bill was not right at the beginning, many substantial changes having been made—we shall have to take such opportunity as we may have to propose changes.

I am in somewhat the same difficulty as the hon. Member for Fife, East (Mr. Stewart). Perhaps I may be excused if I ask for my memory to be refreshed on something which I should perhaps have been able to link up with the Amendments which the Joint Under-Secretary has placed before us. I wish particularly to refer to the words in line 5 of the third Amendment, in which is stated:

"a notice imposing any such conditions.…"

Would the hon. Gentleman tell me, when he replies to the debate, whether there is an appeal to the Secretary of State from those conditions being imposed by an authority? I think that somewhere in the Bill there was a general power to appeal against something which is thought to be unreasonable. I am not sure whether that will apply to this Amendment.

We are indebted to the Joint Under-Secretary for the clear exposition which he has given us, but as my hon. Friend the Member for Fife, East (Mr. Stewart) has said, these are technical matters, and in these matters we do our best to take counsel from those who are fitted to advise us. We quite understand and sympathise with the desire of the Government and the House to get this Measure on the Statute Book and to have reasonable time for it to be considered not merely in this House but in another place.

I am sure that the Lord Advocate will take into account what my hon. Friend the Member for Fife, East and also my hon. and gallant Friend the Member for Scotstoun (Colonel J. R. H. Hutchison) have said to the effect that it might be necessary to go into this a little more carefully in another place. I am emboldened to think that the consideration there will reinforce the conclusions which I think we are about to come to in the House, because the words as set out here seem to me to follow fairly closely the conclusions to which another place came in the case of a similar Bill. So we have a certain precedent to go upon.

However, this is a very important Clause, and one to which the local authorities, in particular, attach great importance—the finding of a proper solution of this problem—because the principle of giving the right to make new outlets for the discharge of effluents into a river is one which might govern the whole layout of a new housing scheme or some important undertaking in which a local authority was concerned.

If we make these Amendments, the effect of the Clause will be that nobody, without the consent of the river purification authority shall

6.30 p.m.

It is true that it makes almost a little Act of Parliament on its own. On this, as on other occasions during the passage of this complicated Measure, we rely upon the Members of the Government Front Bench, particularly on the Lord Advocate, to act as counsel to the House as a whole and to keep us straight, since no party issues are raised. I am not quite sure about the point of appeal. Perhaps the Government spokesman could reassue us on that point.

Otherwise, I think that the new drafting is an improvement. I think that the provision is more easy to understand, although it is a little difficult now since half the Clause is in the Bill and half is on the Order Paper. I think that when the two are married, the provision will be more easy to understand. The objects of these Amendments are laudable and the machinery which they seek to establish is not unduly onerous. I think that it will be worth our while to give our consent at this stage, subject to the proviso that we should like a further opportunity for consulting with those who can advise us and possibly discussing the matter further in another place.

I should like to ask one question which I should have asked when I spoke a few minutes ago. Do these Amendments meet the precise point I mentioned earlier? If so, perhaps the hon. Gentleman would explain.

In reply to that last question, in the first Amendment there are the words:

As the right hon. and gallant Member for Kelvingrove (Colonel Elliot) said, this is a complicated and technical matter. It is because of that that I thought it better to read carefully the justification and the explanation of the various Amendments which we are now discussing, so that there might be no misconception as to what they mean and so that when the Bill goes to another place their Lordships will have been warned beforehand of our reason for making this series of Amendments.

I was asked by the hon. and gallant Member for Scotstoun (Colonel J. R. H. Hutchison) and the right hon. and gallant Member for Kelvingrove about the words in the proposed new subsection (4): bringing into use of a new or altered outlet, or to the making of a new discharge into a stream, it might impose certain conditions. The only appeal that the user of the sewer would have would be an appeal to the Secretary of State, on the ground that the conditions attached were unreasonable. The grounds of the appeal would have to be that the conditions attached to the granting of consent were unreasonable conditions and that, therefore, they made the consent an unreasonable consent. In those circumstances, there would be an appeal.

I do not want to get entangled too much. I think that this case is slightly different, and perhaps it adds emphasis to our suggestion that we should examine these Amendments more closely. This appears to be a case where, without the consent of the authority, something has been done, and quite rightly the authority jump on the offender and say that he must do this or that. It seemed to me that it was possible that an authority might insist on something being done that was unreasonable, and I wondered whether there was an appeal.

Amendment agreed to.

Further Amendments made: In page 24, line 11, leave out "requirements," and insert "conditions."

In line 13, at end, insert:

(4) Where without the consent of the river purification authority there is brought into use a new or altered outlet for the discharge of trade or sewage effluent to a stream, or there begins to be made a new discharge for trade or sewage effluent to a stream, the river purification authority may give the person using the outlet or making the discharge, as the case may be, a notice imposing any such conditions as they might have imposed had an application been made for their consent for bringing the outlet into use or beginning to make the discharge.

(5) A river purification authority shall from time to time review any condition imposed under this section (other than a condition to be satisfied before an outlet is brought into use or a new discharge begins to be made) and may give the person using the outlet or making the discharge, as the case may be, a notice making any reasonable variation of or revoking any such condition; and the Secretary of State may, if he thinks fit so to do, direct the authority to vary or revoke any such condition, and, if the authority fail within such period as the Secretary of State may allow to give effect to any such direction, the Secretary of State may himself give such a notice as aforesaid.

(6) Any condition imposed under this section shall continue in force (subject to any variation under the last foregoing subsection) until revoked under that subsection and shall be binding on any person using the outlet or discharging effluent from the land or premises to which the condition relates.

(7) Every river purification authority shall maintain a register containing such particulars as the Secretary of State may by order pre scribe of conditions which have been imposed under this section in relation to outlets in their area, or in relation to effluent from land or premises in their area, and are for the time being in force (except conditions to be satisfied before the outlet is brought into use or the new discharge begins to be made), and so much of the register as relates to any outlet or to any land or premises—

In line 40, leave out from "condition," to "by," in line 42, and insert:

"or of any variation of any condition shall be determined for the purposes of this section."

In line 43, leave out from beginning, to "shall," in line 45, and insert:

"Where a person in contravention of this section brings into use a new or altered outlet or begins to make a new discharge without obtaining the consent of the river purification authority or without observing any conditions imposed by the authority under this section (being conditions to be satisfied before the outlet is brought into use or the new discharge begins to be made) he."

In line 48, at end, insert:

(8) No person shall cause or knowingly permit to enter a stream by an outlet or from land or premises in relation to which conditions have been imposed under this section and are for the time being in force a trade or sewage effluent not complying with those conditions, and any person who does so shall be guilty of an offence punishable under section twenty-two of this Act.

(9) Section twenty-three of this Act shall apply in relation to the last foregoing subsection as it applies in relation to subsection (1) of section twenty-two of this Act.—[ Mr. T. Fraser. ]

Clause 31—(ORDERS.)

I beg to move, in page 26, line 21, at the end, to insert: This Amendment seeks to give effect to a proposal which was canvassed during the Committee stage. A criticism of the Clause as it stood was made by the hon. Member for Renfrew, West (Mr. Maclay). He pointed out that, although the Clause invoked the first five paragraphs of the First Schedule, it did not invoke, for the purpose of the tidal waters, the provisions of paragraph 6 of the First Schedule. He thought it desirable that there should be some sort of Parliamentary control before an order was made by the Secretary of State in respect of tidal waters.

The object of this Amendment is to make such orders subject to the negative procedure in Parliament.

By Clause 29, the Secretary of State may, by order, as from the appointed day, appoint that the provisions of the Bill may apply to the tidal waters of the Clyde and the Forth, specifying any modifications that may be necessary to adjust the provisions of the Bill to those waters. By subsection (2), the Secretary of State may make an order applying the provisions of the Bill to other tidal waters than those of the Clyde and Forth, again with whatever modifications may be deemed to be necessary.

Paragraphs 1 to 5 of the First Schedule set out the various steps in the process before such an order can be made, such procedure as to advertisement, notification, and local inquiry. We felt that to take it beyond that stage in the Schedule and subject any such order to the special Parliamentary procedure envisaged by paragraph 6 of the First Schedule was making rather heavy weather for an order of this nature. The special Parliamentary procedure is both involved and lengthy, and we thought it inappropriate for this type of order.

Therefore, in the Bill as drafted, we did not propose to go beyond the fifth paragraph in the First Schedule in the making of these orders. On reflection, and having regard to the criticism advanced by the hon. Member for Renfrew, West, we felt that it was desirable at this stage to incorporate this Amendment to make these orders subject to Parliamentary control in the form of the negative procedure.

My hon. Friend the Member for Renfrew, West (Mr. Maclay) asked me to express his apolo- gies to the House for not being able to be present today, for family reasons, but I am sure he is grateful—indeed, he asked me to indicate that he was grateful—for the alteration which it has been possible to make.

Of course, tidal waters are, almost literally, an uncharted field in this respect, and we are embarking on quite new lines when we try to clean up tidal waters. Yet this is an area, particularly in the west of Scotland, in which rivers are as much in need of purification as almost anything else. Contrary to other rivers, they run in two directions, first downstream and then upstream with the tide, and that sometimes means that, instead of sewage disappearing, when

The difficulty of dealing with the cleaning up of tidal waters will certainly involve a lot of new problems, and so it is desirable that we should have an opportunity of reviewing these things from time to time. I am sure that this is one of the cases in which the negative procedure, on which we can move Prayers, should be followed, and will be in the interests both of the House and of those members of the outside public who will be affected by the new steps which we are taking in this legislation.

Amendment agreed to.

Clause 34.—(INTERPRETATION.)

I beg to move, in page 28, line 23, at the end, to insert:

"and includes the waters of any enclosed dock which adjoins tidal waters."

The right hon. and learned Gentleman will remember that, during the Committee stage, I put forward the point of view that there was a little doubt whether the contents of a dock where there were tidal waters were, in fact, tidal waters or a stream. The right hon. and learned Gentleman said that there seemed to be little doubt to him, but since then other authorities have come forward indicating doubts in their minds. Therefore, for the purpose of clarification, I think the definition of tidal waters would be clearer and better, and that doubts will be removed, if the words I have suggested were added to those already to be found on page 28.

When a somewhat similar Amendment was tabled during the Committee stage, I expressed the view that it was quite unnecessary and, perhaps, a little tautological. The hon. and gallant Member for Scotstoun (Colonel Hutchison) has again brought the matter to our attention. May I inform the House that, although I stand perhaps an unrepentant sinner in this respect, because I am still of the same opinion, something else has intervened which makes it desirable that this Amendment should be accepted.

In another place, in relation to the English Bill dealing with exactly the same subject, an Amendment of this nature was accepted, and if we had two similar statutes side by side, one of which contained this expression and the other did not, the courts might possibly take the view that Parliament obviously intended a different interpretation in respect of one Act as against the other. Therefore, to remove all doubts, and I think this will satisfy all Parties, we are very happy to accept this Amendment.

Amendment agreed to.

6.44 p.m.

I beg to move, "That the Bill be now read the Third time."

This Bill has had an interesting career. We have amended it quite considerably in Committee and again today on Report stage. We have had a lot of discussions, and they have been conducted on the most friendly basis. Although the Bill is a little different in some respects from the Bill as it was introduced, it still remains essentially the same Measure.

It has been appreciated in all parts of the House, and indeed throughout the country, that there was a great need for legislation of this kind. It is some 75 years since we had a Bill dealing with river pollution, and this Bill can quite truthfully be said to have been long overdue. One of the things which has pleased me very considerably during the consideration of this Measure has been the attitude of industry to the question of pollution. When the earlier Act was passed, 75 years ago, it was hedged around with qualifications and safeguards for industry which were at that time thought to be necessary. and for very many years industrialists have been thought to be the greatest sinners in this matter and have been thought to be the people most anxious and willing to use our rivers as open and convenient sewers.

My experience in discussing these proposals with the industrialists of Scotland has been that they were as anxious as any other persons in Scotland to clean up our rivers, and I was told over and over again by them that they were themselves such extensive users of water, which had to be extracted from our rivers for so many of our industries, in which there was a necessity for that water to be clean, that they were as anxious as anyone to see the rivers of Scotland cleaned up.

I think that when the Bill becomes an Act of Parliament and is put into operation, and when these new authorities that are being set up get down to their job, make their surveys and formulate their plans, we may very well see a transformation in the Scottish countryside. Our rivers can become so much more attractive than they are at present, and the fishing and angling interests have for long urged the need for a Bill of this kind. They will expect that our rivers will be so clean that the fish life will increase tremendously, and, what is for most of us most important of all, it will be possible under the terms of the Bill when it becomes an Act, for these new authorities which we have set up, under the new powers which we are giving to them, so to treat our rivers that they will cease to be the open and convenient sewers which many are at present.

6.48 p.m.

On the final stage of a Bill, before it leaves us for another place, it is only open to us either to approve or to condemn it, and I hasten to assure the Under-Secretary that it is with great pleasure that I give this Bill my wholehearted approval and support.

I have a particular interest in this Measure, and I hope the House will forgive me for alluding to it. By the luck of the Ballot for Private Members' Bills last November, I drew second place, and it fell to me to have the pleasure of drafting a Bill on somewhat similar lines to the one we now have before us. I had the pleasure of drafting that Measure, but, owing to the fact that I gained only second place, on the Friday when my Bill came up for consideration, a highly contentious Measure was discussed in front of it, thus preventing my Bill coming up for debate.

However, I am delighted that the Goverment have now had the opportunity of bringing forward what is, from my point of view, the No. 2 Bill for the prevention of pollution in Scotland. With all the benefits of superior draftsmanship which the Government have, the Bill now about to leave us follows on very similar lines to the one which I had the privilege of drafting, with some assistance, of course.

It is 75 years since the first legislation to deal with this problem was presented to the House. The hon. Gentleman who presented the Bill said that it was concerned solely with Scotland, and he might have said that in doing so he has carried on the Beaconsfield tradition, because the Bill presented 75 years ago was promoted by Mr. Disraeli's Government.

I hope the hon. Member for Fife, East (Mr. Stewart) will not mind what I am going to say. If he catches your eye, Mr. Speaker, and keeps within the bounds of order, he may be able to reply to me. That Bill was subjected to considerable challenge by the Radical wing of the Liberal Party at that time. But I am delighted that throughout this Bill there has been no attempt by hon. Members on either side to indulge in that kind of thing. It shows what a change has come about with regard to this matter.

As the hon. Gentleman pointed out, a completely different attitude is now being adopted by the industrialists of Scotland compared with that of their predecessors of 75 years ago when Mr. Disraeli initiated what was described by the Liberals of those days as a "policy of sewage." As the hon. Gentleman said, this Bill has been subjected to quite a lot of criticism, and I am well aware that even now in some instances the local authorities do not give it their wholehearted approval. The real bone of contention, so far as the local authorities are concerned, is centred in Clause 3. I hope that when the Bill comes to be operated the fears of the local authorities will prove to have been groundless.

I certainly think that Clause 3 follows up the recommendations of the Lindsay Committee, which was set up a considerable time ago to look into this whole question and to present a report. I think that that Committee clearly contemplated the setting up of a new authority to deal with this increasingly difficult problem. The local authorities must remember that under Clause 3—I think this must be emphasised—they will still have a two-thirds majority, and will have the benefit of the added counsel and advice of bodies representing persons specially concerned with the question of the cleaning up of the rivers of Scotland—angling associations and those representing the great agricultural industry and other interests.

I certainly think that far from being deprived of anything, the local authorities will have an almost greater opportunity in the future than in the past. It should be remembered—and this has been apparent at all stages of the Bill—that local authorities in the past have not in all instances discharged their duty with regard to the prevention of river pollution in a way which the majority of people in Scotland think they should have done. I am sure that the hon. Member for Fife, East will agree with me that the rivers of Scotland, particularly the great rivers, transcend the bounds of any one local authority, or even of any two, three, four or five local authorities.

What about the great industrial areas through which the great waterway of the Clyde flows? I am told that steps to prevent the pollution of that river, but for the clashing interests of local authorities in the past, would have been taken with far greater celerity than has been the case up to now. I think that the Lanark County Council in particular, has been hindered very much in discharging its duties by the clash of interests of other local authorities. I can only hope that as the River Clyde flows through so many boundaries the local authorities concerned will realise the great opportunity afforded to them by the passage of this Bill into law.

With those few words, I again congratulate all those at the Scottish Office connected with the promotion of the Bill, and say that I shall be delighted when it is placed on the Statute Book. I hope that before many years have passed we shall see something concrete emerging from the Bill. This Parliament is fast drawing to its close. We are told on all sides that it is not likely to go beyond October or November. If we can place this Bill on the Statute Book before then, we shall certainly have done something very good and for the material benefit of Scotland as a whole.

6.56 p.m.

Once this Bill becomes law, it will have infinite possibilities, and if its provisions are energetically put into effect we can hope to see greatly improved conditions in all our rivers of Scotland. The whole purpose of the Bill is to ensure that our rivers, when entering the sea, enter it in a much cleaner condition than they do at the present time.

That, of course, will have an effect, not only on the rivers themselves, but on many of our coastal areas where the burghs have spent large sums of money in connection with their own sewage purification schemes in order to clean up their foreshores. There is no doubt that their efforts have been greatly nullified by the rivers depositing on the foreshore foul matter sent down from the higher reaches. This is because the local authorities higher up the river have not been so conscientious in the matter as the coastal burghs.

This Bill, when it becomes law, will mean that many of our coastal areas and many of the foreshores will be much cleaner for bathing than they have been hitherto. Though the main purpose of the Bill has not been so much the cleaning up of the foreshore, it will, I am glad to say, have that effect. I was very impressed when on one occasion the sanitary inspector for Ayrshire showed me an aerial photograph of the Ayrshire coast. One could see quite plainly from the photograph the fouling of the sea over a considerable length of the coastline through sewage being emptied into it from the various rivers along that coast.

I hope, therefore, that in the future it will be possible to prevent the fouling or pollution of our foreshores. I also hope that this provision in connection with the docks will also mean that in coastal areas we shall not have burghs spending their ratepayers' money in treating their own sewage only to find certain pollution still coming from ships in the dock or from dock installations, thus nullifying all their work. That is what has been happening. I am glad that my right hon. and learned Friend the Lord Advocate, although he feels that this point is already covered, has made doubly sure that the problem of tidal waters and dock areas is covered. It is a tremendous step forward to have the control of dock pollution in that way, and it will be a great encouragement to the local authorities in such areas to go forward with bigger and better purification schemes of their own.

I congratulate my hon. and right hon. Friends who have been responsible for the passage of this Bill and I hope that very soon we shall see the river boards actively bringing into operation the very good provisions within its Clauses. I hope that as a result we shall have much greater improvements in the condition of our rivers, which will be heartily welcomed not merely by the local authorities but by fishing and angling associations and many other people who wish to see the amenities of our river areas maintained in a much better way than they have been in the past.

7.0 p.m.

I am sure that the whole House sympathises with my hon. Friend the Member for Galloway (Mr. McKie) on the loss of his stillborn child, followed by a live creature which, in the opinion of one of the fathers, at any rate, is a fairly sensible animal. I believe most hon. Members think that on the whole this Bill is a good Measure, and of course they wish it every possible success. There has been no division in the House or in Committee about the need for this Measure. The only real division of opinion was on the methods by which we could best achieve the common end. Upon that I am afraid I am still rather disappointed and very much unconvinced. I do not think the Government in their wisdom have chosen the right instrument to operate this plan.

I shall have more to say on that later, but first I wish to ask the Government for a little advice on a related matter. Clause 33 of the Bill is intended to repeal local Acts dealing with this subject. This is an old problem in this House. We introduce a broad comprehensive Measure and it has the effect of repealing or destroying local Acts which local authorities have created and worked, Acts by which great steps forward have been taken. This Bill comes along and destroys such Measures.

As hon. Members will recollect, I raised this point on the Committee stage and, at my request, the Joint Under-Secretary of State very kindly arranged that representatives of his Department should meet Fife County Council and examine in detail what parts of the Fife County Council Act, 1949, dealing with this very business of river pollution would now become out of court, as it were, in view of the present Bill. I had hoped that I might have been able to put down an Amendment, but you, Mr. Speaker, were unfortunately not here. It was my misfortune, and I was unable to have a manuscript Amendment accepted at an earlier stage.

I should like to recite the history of the matter. The Joint Under-Secretary of State, in implementing his pledge, arranged a meeting last Thursday between his Department and the Fife County Council. The County Council wrote to me on Friday, but the letter reached me only today and it was impossible for me to put an Amendment on the Order Paper. I tried therefore—

I understand that, but what I have been saying will, I hope, lead to a further point which I think I may be permitted to make. Clause 12 of the Bill enables the river purification board to depute its powers to the council of any county or burgh whose district

The only way in which that very efficient board could continue to operate is if the new larger authority delegated its powers to the Leven Board to look after the river Leven which runs wholly within the county of Fife. Common sense seems to dictate that that is what the new river purification board should do. I hope that when he replies the Minister will be able to tell me that that is what he wants the new board to do and that that is what these words in Clause 12 mean. In other words, I hope he will be able to tell me that these words really mean what they say. If they do, then I am satisfied.

The second point to which I wish to refer is concerned with the authority. I do not want to repeat the arguments I addressed to the House and to the Committee on the early stages of this Bill; but this Bill contains the proposal that in order to handle our rivers properly and in such a way that they shall be as pure and as clean as everybody wants them to be, that work must be taken out of the hands of the local authorities where it now resides. In fact, it has always resided there, in the sense that it was always a piece of public health work. It is now proposed that it be taken out of the hands of the elected local authorities and placed in the hands of a new ad hoc non-elected authority.

I am against the principle of ad hoc authorities completely. It is always easy to produce an ad hoc case for a new ad hoc authority, but every new ad hoc authority set up weakens the ultimate power and responsibility of the great democratically elected public authorities of our country. I believe democracy starts with the local authority. That is the cradle of our democracy. It is from the local authority that the democracy of which we in this House are part is derived. If we destroy these local cradles of democracy by taking their powers away stage by stage and giving them to new ad hoc administrations in the end we destroy democracy itself.

I see the new ad hoc authorities established in this Bill, not as the end, but perhaps only the beginning of the creation of similar bodies for other purposes. In the last two or three years, in the county of Fife alone, three new ad hoc authorities have been formed. The three together are handling what one publicly elected authority handled three years ago. Fife County Council handled health matters completely throughout the county, but now there are three different ad hoc authorities handling them.

We are not discussing the functions of Fife County Council but the Rivers (Prevention of Pollution) (Scotland) (No. 2) Bill.

With great respect, Mr. Speaker, I am dealing with Clause 3 where it is proposed to create an ad hoc authority. I am trying to draw the attention of the House to what happens when an ad hoc authority is created, and I was giving an example where one public authority has lost certain powers and three different ad hoc authorities have been created to exercise those powers. These new bodies involve greater staff, great expense and greater delay. Although it is a relatively minor function that the river purification board will perform, nevertheless the same principle is involved. I am afraid that this Socialist Government, liking the ad hoc authority, preferring it in fact to the publicly elected local authorities—I am entitled to assume that from their actions in the last five years—will proceed now to create more and more ad hoc authorities.

I do not think it is right for us on this side of the House in any circumstances to support such a system, and for my part I much regret that the Government, despite the criticism that some of us have made, have decided to continue to maintain in this Bill the idea of an ad hoc authority. Since I want to be frank, I must say that I still more regret that most of my hon. Friends took the same view. If, as my hon. Friend the Member for Galloway said, there were disputes in the days of Disraeli between the then Tory Government and the Liberals, perhaps it was on a matter of this kind. I have been brought up with Liberals, and I still feel that I am a Liberal in heart. [ Laughter. ] Yes, and I have the same feelings on this elementary matter of democracy as I had when I entered politics many years ago. I believe profoundly in the publicly elected local authority rather than the appointed authority.

Despite my protests, this appointed authority has been maintained. I only hope that it will be a success. It is my sincere desire. I hope it will achieve the purpose we have in mind, that the rivers in Scotland will be cleaned up—and the sooner the better. It may be that in another generation our sons will grow up to find bonny rivers, shining, clean and pure, which they can look upon as things of beauty, which they can fish in, knowing that fish live there, and where they can wander up and down in their childhood and their older days and find comfort and solace therefrom.

7.12 p.m.

I want to say a word or two before this Bill leaves for another place. I could not understand the anger which the hon. Member for Fife, East (Mr. Stewart) showed against the ad hoc authority. I would remind him that it was not the Government which made that decision but a Committee of this House, and they made the decision overwhelmingly. It is true that the hon. Member put his Amendment with a great deal of force and he mustered all his six votes against the 33 Members who approved the Clause. He has no right at this late stage of the Bill to say that this is an unelected ad hoc committee which is to determine what is to be done in these various areas. It is nothing of the kind—

and the hon. Gentleman knows it perfectly well. At least two-thirds to three-quarters of the committee will consist of those who represent the ratepayers of the various authorities, and only after that has been done will they form part of this ad hoc authority. We have this overwhelming proportion of people who have been elected by public vote. It is quite unfair for the hon. Gentleman to seek at this last ditch to mislead the House in this way.

It is true, as my hon. Friend the Joint Under-Secretary said, that it is 75 years since we had a Bill to deal with river pollution, and if it is all that time ago perhaps the House will not complain if we take a moment or two before we send this Bill to another place. I know that it is bound to bring some solace to the heart of the hon. Member for Galloway (Mr. McKie) who, as he informed us on at least three occasions this afternoon, intended to introduce a Bill to deal with this very problem. I was a little relieved when he said that this Parliament was likely to finish in October or November, although I was not certain whether he meant the Parliament or himself personally. I felt that the debate was going on for some time and, knowing the hon. Gentleman, I knew that he could quite well speak until October or November.

This Bill does one thing. It sets up machinery to deal with this problem of river pollution, and we hope that the machinery which the Bill provides will cure this trouble. It is no use the hon. Member for Fife, East, saying that elected authorities could quite well be left to deal with this problem. It is because they have not dealt with this problem that this Bill is necessary. We hope that these new authorities, with rather a wider range of power than the local authorities, will give attention to this problem and that once they get to work we shall have a speedy cleaning up of the rivers and that they will provide rivers of which Scotland will be proud, instead of the polluted things we know them to be today.

7.16 p.m.

I should like to say how much I welcome this Bill. Some time ago I had occasion to represent to the House the protest of fishermen who were going to have their living restricted on the plea that they were injuring the fish life of these great rivers. Their argument was that the fish life of the great rivers was much more seriously disturbed by pollution than it was destroyed by any kind of fishing. That was recognised by the Government and it has been recognised by people generally. Therefore, I welcome this Bill as a contribution to the cleaning up of the rivers, the preservation of the fish life of these rivers and, what is of very great importance to us these days, the possibility of providing still more food for the people.

These islands seem to be shrinking so far as our food supplies are concerned, while the population is expanding, and it is desirable and absolutely necessary to increase the fish life of our country in order to provide more food. The rivers of Scotland, once they are cleaned up, ought to be able to increase con- siderably the amount of fish for the tables of our people—fish of a delightful and tasty character.

This Bill will also make a contribution to the work that was started by the Nature Conservancy Board. This Conservancy Board has as its duty the preservation of the natural heritage of Scotland—not only the beauty but the life of Scotland in so far as it contributes not only to our amenities but also to the maintenance of our cattle, food supply, and life in our island generally.

This Bill, therefore, is a complement to a great deal of legislation that has already been passed by the House, and, while in the eyes of the hon. Member for Fife, East (Mr. Stewart) it may seem to be taking a specialised body to deal with a specialised subject, when we consider all the other specialised bodies which are each dealing with their own subject, I think we shall find that this House has done a fine job in blending all together as part of a great whole for the preservation of our land, for the development of our wellbeing and, I hope, for the increase of our natural wealth.

7.19 p.m.

I should like clarification on one point, and that concerns the representation of the new townships on the river purification boards. I understand that the Under-Secretary of State in Committee gave an undertaking that they would have representation when they achieved local authority status. I have had representations from the Glenrothes Corporation to the effect that they are concerned with the transitional period—that is, the period between now and achieving that status. I think that under Clause 3 the Secretary of State has pretty wide powers in appointing to the river boards people who have specific interests at heart. The new town corporations would be grateful for some assurance from the Secretary of State that when he makes those appointments he will not forget their interests.

7.20 p.m.

I am sure that the course of the debate, not least on the Third Reading, has given full justification to the claim that this is a non-party Measure, because it is quite true to say that the Opposition has mainly been voiced by my hon. Friend the Member for Fife, East (Mr. Stewart). I think it is also true to say that the Bill is due to the work of the Scottish Members as a whole and that had it not been for a great deal of give and take and mutual forbearance, not least in the matter of oratory, we should not have had the chance of getting this Measure as far as it has gone, and the chance of this real improvement, as we all think it is, in Scottish affairs would have been lost.

I trust that the procedure will be followed for some further Measures which should be brought forward and considered in this atmosphere, for I am sure that most valuable Measures are lost because the administration of today simply dare not bring them in because the gloomy comment of the Whips on being told that a non-party Measure is being tabled is, "Of all the things that take time in this House, non-party Measures take most; and high in the list are non-party Measures submitted by Scottish Ministers." I trust that we have broken through that barrier this afternoon.

To my hon. Friend the Member for Fife, East, I would say that I do not think it can be contended that the Bill is a diminution of local government. The tests of local government are that it should be local and that it should be government; and on these two touchstones, this Bill passes the test. Where is the executive power to lie? Locally. Is there executive power? There is. Is the executive power being increased or diminished? It is being increased—because admittedly this Bill gives powers which were not there before.

Local authorities will be willing to admit the fact that there is combination; and they said there should be combination. Local authorities will be willing to admit the fact that there are added members; and they said there should be added members. This is not a Measure which is in contravention of democracy. I think it is a Measure for the promotion of democracy. A county councillor does not become any less an elected member because he sits on a joint board with other county councillors. I trust, therefore, that the uneasiness of my hon. Friend on the method adopted may prove unfounded.

There are no two views on the desirability of the Bill. It is true, as has been said, that we have succeeded not merely in extending pollution along the streams but also in passing it out to sea. The hon. Member for Ayrshire, Central (Mr. Manuel), hoped that cleaner foreshores would induce better bathing; and if we are engaged on the promotion of better and brighter bathing belles by this Measure, that is a by-product we should no doubt all be happy to see in the most literal sense of the word.

The state of the rivers in Scotland—not merely the great rivers but also the small rivers—is undoubtedly far from satisfactory at the present time. The Clyde and the Forth have been mentioned more than once, and a recent report on the Forth below Stirling is a very gloomy document indeed and one worth mentioning. We have so often been accused of doing things which are unnecessary, but the necessity for this Bill becomes clear when a responsible person only a few months ago could write: of public opinion behind it, and we very much trust that a strong force of public opinion will support the local authorities and press them on in their work.

I was very grateful indeed to the Joint Under-Secretary of State for the tribute he paid to industrialists, because it is true that they have been blamed in the past—in some cases rightly; and if they combine with the other forces which are making for the improvement of our rivers, then we in this House have done a good piece of work in the days that have gone before and in the work we are doing this afternoon.

Question put, and agreed to.

Bill accordingly read the Third time, and passed.

Non-Ferrous Metals (Distribution)

7.28 p.m.

I beg to move,

It would probably be worth while if I spent a few minutes trying to get the background to this situation in due perspective so that we are all talking on the same wave-length. The purpose of the Order against which we are praying is to regulate the flow of scrap metal from the various sources of collection back to the works which can consume it. We think the purpose of the Order is a perfectly reasonable and proper one, and our Prayer is based simply on the fact that we do not think the Order will achieve that purpose.

We have a shortage of metal today. Virgin or new metal supplies are rationed to the trade by the Minister of Supply, who is the sole buyer and importer of these metals. For the purposes of this Order, scrap metal is very largely interchangeable with virgin metal, and consequently an inevitable repercussion of the rationing of new metal has been an accentuation in the scramble for scrap or secondary metal. We have, therefore, a very complex problem throughout the industry, with the shortage of metal and the undertaking given by the trade to the Minister that industry will see that its metal goes, preferentially, in three directions. The first direction is towards rearmament; secondly, towards essential home uses, such as power stations; and thirdly, for further fabrication for export such as in parts of motor cars.

We have set up a voluntary flexible allocation scheme which is operated by the trade and which is the only alternative to a detailed allocation such as was in operation during the war. In order to have a more detailed scheme in operation direction of labour is essential. Nobody wants that. Consequently it is very much in the interests of the Minister and of the trade to see that the maximum amount of metal is made available to industry for allocation for proper uses. To that end we do not think this Order will be effective.

I said that we thought that possibly the scheme goes too far. There is a very good argument, both practically and intellectually, for no control at all. If there is no control the market is an extremely sensitive machine for balancing supply and demand. It is very cheap to administer. There is no argument about the prices to be fixed, and certainly there can be no complaints that any fixation has been enforced. There is a constant pressure to lower prices because of competition from virgin metals.

Furthermore, there is a direct incentive under a system with no allocation for the producer of scrap to return his scrap to a sheet mill or tube mill and thereby ensure that the very best use is made of the metal available. Lastly, under a system with no control supplies are always sure. We all realise that with no control prices will be high and for that reason a system of control such as this is desirable.

I merely state these arguments because, firstly, I think that there is a case for no control, secondly, because I think that there is a case for a thorough-going control, and, lastly, because there is no case whatever for control which shies away from the difficulties, which aggravates the problems and which ends with all the disadvantages of both the no control and the controlled system. That is what I think this Order does.

The price of scrap is controlled by another Order, No. 980, which we are not praying against at the moment. Consequently, the major loophole which is left by this Order is that scrap can be bought at controlled prices under that Order and melted down into ingots, the price of which is not controlled, and those ingots can then be sold for whatever price can be got. This means that metal in this way escapes from the most important uses to which we all want to see it go, re-armament, re-export, and so on. A further result is that we get contamination of the scrap, which reduces its value, which is a real loss of wealth to the country.

The subsidiary purpose of the Order is to force metal to go into the normal channels of the trade. The effect of not having control of prices for ingots means that scrap is sent along channels it has never gone before and which have very undesirable characteristics: for example, the rapid increase which has taken place of conversion contracts, whereby the ingots which have been bought in this way at very high prices are sent to the mills for conversion into sheets and so on; and very high prices—free market prices, call it what you will—of tubes, sheet, rods have been set up in this way; and the metal has been diverted from the re-armament programme, from the export programme, and from the essential home uses programme, to improper uses or less essential uses—which is a thing which neither the Minister nor the industry wants.

Lastly, many firms which have hitherto relied entirely upon scrap for their raw materials are in this way deprived of any raw material at all because the Minister does not make up to them in new metals what they cannot get in scrap, and they suffer exceptional hardship for which no method of alleviation is proposed in this Order.

This Order does not take advantage of the wartime experience. At the beginning of the war we were extremely short of aluminium in this country, and that is the very problem we are meeting in these other metals today. It was faced them and faced resolutely, by insisting on process scrap, that is scrap resulting from the stamping out of some article, or some operation of that kind, being returned to the factory which supplied the original metal. That will look after the great bulk of clean scrap in this country, which will be an immediate increase in raw material supplies to the re-armament drive.

The second problem is to leave free the genuine merchant who deals in scrap recovered from all kinds of obsolete plant and equipment which has been broken down by scrap merchants. It should be left as free as possible because that has got a large number of uses to which it may be put and is extremely difficult scrap with which to deal with technically.

There are one or two small points which I shall deal with as briefly as possible, but which, I think, the Minister should note. In the descriptions of scrap at the end of the Order there is a number of detailed omissions which an extremely desperate buyer may very well find himself able to use in order to obtain supplies. As an indication of how difficult these things are, let me mention the case where the Minister himself, in selling scrap—aluminium in that case—exceeded his own maximum price by himself misdescribing the scrap he was selling. Thus, not only are these mistakes made by the trade but mistakes which the Minister himself has made, and, therefore, I think that there is a good case for re-examining the descriptions of scrap at the end of the Order.

At the bottom of Scrap Form 92 itself, which is the form with which this Order has to be read, there is a paragraph about entering metal which has been purchased on "contra account." There is no definition that I know of what "contra account" is. It is an accounting term, and it is not a metal-using term, and if the purpose of that column in the form is eventually to make a scrap rationing scheme work, then I suggest that the original entries in this column will be very misleading, with many firms taking entirely different interpretations of what is scrap on contra account because there is no definition; it is not a term which is in common use. Therefore, I suggest that any figures entered there should be used by the Minister with the utmost caution.

The last small point is this, that many of the bottlenecks in the re-armament drive at the moment are caused by small quantities of metal which are not available. They are not easy to get and are awkward specifications to a manufacterer; but small awkward lots are sometimes holding up very large contracts. These small lots have in the past and traditionally been supplied by merchant stockists. In this Order the Minister is not allowing the merchant stockists to deal in scrap. Therefore, the merchant stockist is not able to obtain supplies which he will need, and the effect of that is going to be very serious later on when, for example, a whole Centurion tank may be held up for a few small pieces of brass, copper, or whatever the metal is.

Therefore, I think too rigid an interpretation has been taken by the Minister to apply to those who should be entitled to deal in scrap in this way. Alternatively, the provision at the beginning of the Order, under which a firm may buy 13 tons a quarter without a permit, is wrong and should be increased to five tons a week or 65 tons a quarter, to overcome this problem.

Our objections to this Order are, briefly, that it is an ineffective instrument to deal with what is admittedly a very difficult problem. It has all the disadvantages of the free market system and of the system of controls, being neither the one nor the other. It does not take advantage of the experience gained at great cost during the war, and should therefore be withdrawn by the Minister, or else we should have his assurance that the main loopholes will be closed, for example by the fixing of the price of ingots by giving consuming firms a maximum tonnage of the scrap they may buy in any one period, by insisting on the return of scrap direct to the supplying firms, and by dealing with the practice of having scrap converted into sheets or rods or tubes which are subsequently sold at exhorbitant prices, which thus defeats the agreed aim of both the Minister and the trade, which is that the limited supplies of metal available should be used in the best national interests, namely, re-armament first and essential home and export uses second.

I wish to support this Order and to point out that the control of these metals is essential, not only for the re-armament drive but for what I regard as equally important national industries. The hon. Member for St. Albans (Mr. J. Grimston) placed the re-armament drive first, power stations seconds, and the export industries third. He said not one word to indicate that these materials are essential for what I regard as the most important industry and national endeavour of the lot, housing.

By that the hon. Gentleman would wish me to assume that he means housing. When he puts re-armament first and housing second, I disagree with him, because I believe that at present it is essential that these metals should be diverted to the most important necessary industries. The hon. Gentleman referred to the Centurion tank. I regard housing as more important than the Centurion tank, and the supplies of zinc, copper and other metals should be devoted to housing before even the Centurion tank.

We have very good reason to realise what the shortage of these metals means to the housing programme. Last Thursday night hon. Members opposite prayed against an Order dealing with plasterboard, and in that debate the right hon. Member for Blackburn, West (Mr. Assheton), pointed out that the price of plasterboard had not gone up as much as the prices of other materials needed for housing; he quoted the price of copper which has gone up, and of lead which has gone up six times. Now, lead is very important for our housing schemes, as are copper and zinc, and their prices are soaring to such an extent that they are adding considerably to the cost of our housing schemes.

I hope that the attention of hon. Members opposite has been drawn to what the Secretary of State for Scotland said about copper and zinc in the debate in the Scottish Grand Committee on Tuesday last, when he said: which is one of the main reasons for delay in the housing scheme—

I therefore support this Order, not because of re-armament but because I believe that housing should have priority over re-armament. If these controls are removed, up go prices. I hope that, far from there being a relaxation of controls, there is an extension of controls. We should, as far as possible, limit prices; we should limit profits and dividends, and even be prepared, in the interests of the State, to take over the production and distribution of the metals which are needed.

The hon. Member for St. Albans began by talking about "an unholy scramble." Why should there be an unholy scramble in a civilised society? If we are to get the metals we need for our industries in the order of priority given by hon. Members opposite, we shall need to have more controls, and if they give their support to the re-armament programme, which involves the production and distribution of the metals needed in our engineering industries, then they must be prepared for an extension of controls. My purpose in intervening in this debate is to ensure that in the distribution of copper, zinc and these other metals, the housing of the people is not forgotten, and that every priority is not given to the re-armament drive.

7.49 p.m.

This Order does a number of things, though one of the things it does not do is to control the price of zinc, copper or lead.

I should be happy to discuss that issue with my hon. Friend on some other occasion, but I should hardly be in order in doing so on this Motion.

Although this Order does a number of things, the hon. Member for St. Albans (Mr. J. Grimston) quite naturally restricted his line of approach to one aspect of the Order. One of the things the Order does is to continue in force certain provisions of previous Orders, which were already in force, with regard to unwrought metal. We are not really concerned with that part of the Order now, but with what is distinctively new in it, the attempt to introduce, or rather to restore, some kind of order into the arrangements for the distribution and merchanting of scrap.

It is well known that since approximately the middle of last year the shortage of scrap of these metals has become acute and that, in consequence, certain practices to which the industry strongly objected have arisen with regard to the merchanting of scrap. There was a tendency, for example, for people who had not been scrap merchants traditionally to become scrap merchants on the side, for the purpose of using their supplies of scrap as bargaining counters.

That kind of thing made it very much more difficult for the Government to see what the actual supply of scrap was. It was liable also to produce the result that the number of separate pools of scrap was greater than was necessary and that we were liable to get a wasteful use of scrap. The shortage had also the result that certain users endeavoured to get the particular product that they required in an unusually wasteful manner. That was the situation with which the Government had to deal—indeed, was requested to deal by the industries concerned.

The hon. Gentleman who moved the Prayer suggested that the situation might have been dealt with by relying on the mechanism of supply and demand, but I cannot help feeling that he must have realised how academic and unreal was that part of the argument. It is always possible to say that in order to solve a problem of this kind we can leave the mechanism of supply and demand to operate. For example, a country in time of war can solve the problem of the distribution of its food by allowing the law of supply and demand to come into play, and in due course the demand will equal the supply. In the meantime a number of people will have been without food, but that would not have marred the theoretical perfection of the law of supply and demand.

I am sure that the Minister does not want to attribute words to me which I did not use. I merely said that there was a perfectly good argument against having any control at all, but I finished up that section of my speech by saying that I believed that control was necessary.

The hon. Gentleman said there was a perfectly good argument in favour of no control at all, but although it was perfectly good he himself was not convinced by it. If the hon. Gentleman is not convinced, then we need not spend any further time upon that argument. When we added to the normal demand the re-armament demand for these metals, it would have been unrealistic to deal with the situation by having no control at all. That would have produced results that could not have been tolerated.

One result would have been a very considerable rise in prices, and a second would have been no guarantee at all that, the distribution of the metals would have been performed with any regard to the social purpose of them, either in rearmament, export, or for essential home needs, or to the type of distribution which was advocated by my hon. Friend. We should have got a distribution to persons who could buy most and would turn those metals to the purposes in which they were interested. That would not have been a tolerable situation. I will therefore brush aside the idea that we should have dealt with this problem by having no controls at all.

The Government quite properly consulted the industry as to the best method of control which should be adopted. When I say "consulted the industry" I am referring to the Scrap Advisory Com- mittee which, as I am sure the hon. Member knows, represents practically every interest that is concerned in this matter. It is a highly competent body well able to give the Government good advice in a matter of this kind. There has never been an Order—this statement, I realise, in view of the multiplicity of Orders, is a rash one—that has had so much general agreement both as to its necessity and its provisions.

What are the objections to the particular nature of the Order that the hon. Gentleman raises? He argued either that it did not go far enough or that it went too far. We have now, I think, both agreed that the suggestion that the Order goes too far cannot be pressed because the idea that we should have done without any control could not be seriously considered. What about the alternative suggestion that it does not go far enough?

The hon. Gentleman's most powerful argument in support of that view was his reference to the price of ingots. It is true that the fact that the price of ingots is not controlled is a weakness in the whole arrangement for the control of these metals but, as I think he is aware, there are very great technical difficulties in establishing a proper price for ingots. That is the reason no measure has been introduced for the control of their price.

Although these difficulties are great, they are not insuperable. There is nothing in the Order to rule out the possibility that control of that kind could be introduced. Even if we had a measure of that type, it would not rub out the necessity for the measures that we have actually introduced here. Control of the price of ingots, desirable as it might be, would not of itself eliminate abuses in the distribution of the scrap which are generally recognised, and to which I have previously referred, nor would it enable us to avoid taking such further measures as may be necessary to ration or to allocate scrap metal in this industry. The hon. Gentleman might have been more reconciled if the Order had gone further into something like a system of rationing or allocation. Although the Order does not go into that direction, it erects no barriers, and makes it easier to go on to rationing or allocation, if that should appear desirable.

For example, one cannot work a rationing or allocation scheme unless one has a reasonably accurate idea of how much material is likely to be available to be rationed. One of the purposes and effects of this Order will be to enable the Government to ascertain really what the supply is, and through what channels it flows, since the main effect is to see that scrap flows through the recognised and appropriate channels. By the mechanism of the terms which we have in the Order, we shall know how much is actually flowing through those channels. That is a necessary preliminary to a rationing scheme. We ask the hon. Gentleman to believe that if his view is that a system of rationing or allocation is what is required, then so far from there being anything in the Order to prejudice that system, the Order does something which is a necessary prelude to a scheme of that kind.

The hon. Gentleman also referred to firms who relied mainly or entirely on scrap and who, under the present arrangement, with the cutting down of their allocation of the virgin metal, might be very hard hit. He suggested that there was no method in the Order of alleviating their difficulties. It is true that there is no such method mentioned in this Order, but methods of that kind are already in use. It is the practice of the Ministry, if it can be shown that a firm has been placed in great difficulty by the shortage of scrap, to come to the rescue with special supplies of virgin metal. We have done that on several occasions. Therefore, I do not think that the hon. Gentleman's objections in general to the Order can really be sustained.

If we now look at some of the details of administration about which he was doubtful, he expressed doubt as to the suitability of some of the descriptions in the Schedule to the Order and supported his arguments by reference to a case which he stated had occurred where the Ministry had sold aluminium scrap above its own maximum price. It is a fair distance from an Order controlling the allocation of zinc, copper and lead to a certain sale of aluminium above a controlled price, and I do not know that I can follow the hon. Gentleman into that degree of irrelevance. He did not quote any part of the Schedule about which any reasonable doubt could arise, and the advice we have had from those who have wide experience in this matter is that there should be no difficulty in inter- preting the meaning of the Schedule and it should be possible for the firms concerned to know exactly where they stand.

Another difficulty which the hon. Member believed might exist arose from the form in which merchants will be required to show contra-accounts. My information is that the term is very well understood in the trade, that it refers to process scrap returned in a fashion which is a regular and accepted practice of the trade, and it is obviously necessary if the scheme is to work at all that supplies of scrap obtained in that manner should be notified just as are supplies of scrap obtained in any other manner.

The hon. Gentleman referred to the difficulty of the merchant stockist. The merchant stockist has not normally been a dealer in scrap. Indeed the practice whereby some merchant stockists have become dealers in scrap for a purpose of a kind to which I referred at the beginning of my speech has been just one of the abuses which we hope the Order will remove. It may be true that a merchant stockist might in a certain case be the person who is able to supply the small parcel of metal that ends a certain bottleneck, but if we allow a merchant stockist to acquire the stocks of things he wants by first of all acquiring scrap and then using it as a bartering instrument, what happens is merely that the merchant stockists who are most agile in the process will acquire more stocks of the things that they normally deal with.

It may mean that merchant stockist A rather more than merchant stockist B is the person who can end a certain bottleneck, but there is no reason why more bottlenecks should be ended, since there is no more material available for that purpose than there was before. The practice which occurs at present of using scrap as a bartering instrument, which it is the purpose of the Order to prevent, merely puts a premium on agility, and our whole object is not that scrap should be distributed or metals go to those who are most agile but that it should go to those uses for which the need is greatest at the present time. That is the whole purpose and nature of the Order.

I have listened with interest to the suggestion of the hon. Gentleman that it may be necessary to go further than this. As I have said, there is nothing in the Order which prejudices that; rather there is something in the Order which will make it easier for us to go further if the need should arise. I submit that by itself the Order is a reasonable and workable Measure which I trust will commend itself to the House.

I realise that I have an advantage over the hon. Gentleman in that I have a knowledge of some of the details of this matter which perhaps he has not. I commend to him for further examination, however, some of the detailed criticisms which I made, for he will find that there is a good deal more in them than he is at the moment disposed to believe.

I was glad to hear that the whole tenor of his speech was that this is just one step in a comprehensive system which I believe we all agree is necessary. The purpose of the Order is clearly a right purpose but the issue of a control of the acquisition of scrap without at the same time controlling the price of ingots will falsify the information which he will get from the returns when he receives them. I ask him particularly to examine the matter of a price control for ingots which I believe to be an absolutely vital part of any system for discovering how scrap moves in normal circumstances of trade. As it is so clearly the intention of the Government to make this part of a comprehensive system, I beg to ask leave to withdraw the Motion.

Motion, by leave, withdrawn.

Hospital Services

Motion made, and Question proposed, "That this House do now adjourn."—[ Mr. Bowden. ]

8.6 p.m.

The National Health Service is an infant service and it has growing pains—indeed, quite recently it has had teething troubles—but I believe that, when the history of the post-war years comes to be written, in the front page of that history of Britain will be chronicled the establishment of the great National Health Service and the work of the Minister of Health who created it.

Tonight it is as an ex-patient, as one who recently had what might be called "a worm's eye view" of the hospitals, that I wish to try to express the thanks of all who are or who have been ill to those who man the hospital service. I am singularly happy that I can express also the thanks of the Minister of Education, also an ex-patient, whom we have all been very happy to see wandering about the Houses of Parliament for the first time again today.

It is customary in this House to declare an interest. I can say that mine is a life interest in the hospitals, and I wish to try to pay back some of my indebtedness. First, I would pay tribute to the doctors, the bulk of whom, despite battles over its establishment and later sporadic tussles with the Ministry, are working hard—many of them too hard—in the fight against disease. There is some justification for their discontent over the financial awards that they get. Especially difficult is the lot of the rural doctor with a widely scattered list of patients and with the impossibility of building up a large enough list to bring him in the income that he deserves. I believe that some new basis of payments to doctors may have to be found, some new way to help the doctor who, in the nature of things, must have a small list.

There is a grave shortage of doctors in the hospitals. One regional board has informed me that it spent in advertising for hospital medical staff in one year enough to pay a doctor's salary for two years. I believe that we ought to be expanding the medical schools. My own town and county some four years ago instituted medical scholarships, and I am certain that if we could increase the number of medical schools at the universities all local educational authorities would help to send some poorer able children to fill the places.

The hospital service is not sufficiently attractive to young doctors. The Armed Forces are taking a great number of our young men who are leaving the medical schools, and I do not believe that the Ministry has helped in the recruitment of doctors to the hospitals by its attitude to the so-called registrars who are really trainee-specialists.

Recently I have seen a team of two specialist surgeons, led by a genius and assisted by registrars, doing brilliant and arduous work in the gastric unit in St. James Hospital, Balham. Here each week some two dozen broken down men and women are restored to health and

work for the community. A significant feature of that team-work which I wish to point out tonight was that, given their chance in such a team, the trainee-specialists rapidly gained enormous surgical experience. I ask the Minister to see that this specialist experience of the registrars is not allowed to be cut at all.

In my opinion the conception of trainee-specialists was a great advance in hospital staffing, and I hope the Minister will not put too great a brake on the movement to allow the different hospitals to build up their specialist departments and their special units. I hope particularly that he will remember that the group of registrars now in the hospitals have narrowed their field of study from general practitioner work to some special subject, and have a moral as well as a medical claim to be retained inside the hospital service.

At the same time I believe there is danger of a gap growing between specialist and general practitioner. In my own case my doctor, the consultant physician, and the specialist surgeon worked together as one man. I understand, however, that the general practitioner feels himself rather cut off from the hospital and advanced work and would welcome steps which gave him opportunity to play a part in the work of the hospitals and for further experience in whatever fields of advanced work he might be keen on and competent in.

Incidentally, I do not think that the full-time specialists are adequately paid. The men I saw worked too hard. After operating from nine in the morning until nearly midnight, one of the team was on duty during the night for emergency operations. Any idea that the salaried member of the medical profession inside a hospital does not give wholeheartedly of his time and energy and skill is a myth.

There is no greater profession than that of nursing, and there is no more important woman in the community than the ward sister, unless it is the matron. I saw at first hand, first in Southampton Borough Hospital and then in St. James Hospital, the skill, the kindliness, the leadership and the responsibilities carried by the ward sisters. I am certain that doctors would join me in the tribute I am paying to the terrific responsibility and the magnificent work of the ward sisters.

We have a noble army of nurses, and I am glad that we pay them better and give them better hours and conditions than ever they had in the years before the war. But the recruiting of nurses is still difficult, and in this connection I would venture to make one or two suggestions. I believe that we should increase the number of pre-nursing schools and increase maintenance grants for those who stay on in these schools in preparation for a nursing career.

The demand for juvenile labour is tempting many children into dead-end jobs. Attractive immediate high wages are drawing them away from the responsible jobs and professions such as nursing. I should like to see a national recruiting campaign for more nurses. Many girls wait years even to get their nurse's, training in a London teaching hospital. It might be a good thing if all student nurses were required to put in at least same months in a provincial hospital. That would be a great benefit to the provincial hospitals in their search for nurses.

Domestic work should be taken off the shoulders of sisters and nurses by providing ward orderlies wherever that has not been done. For my own part I would go much further. If we can take our young men for National Service, I see no reason why girls should not be required, where necessary, to do some short time as domestics in our hospitals. Some committees award prizes and medals to the best nurses. I should like to see more national recognition in honours lists of our nurses, physicians, surgeons and doctors, and I commend the suggestion to the notice of the Patronage Secretary. Then there are those who feed the patients in hospitals. Post-war years have seen a remarkable advance here, thanks to the recognition by hospitals that hospital diet, like kindness, is an important part of medicine.

I then wish to pay tribute to the 8,000 voluntary workers who man the regional boards and the hospital group management committees. The country ought to know that some of these unpaid servants in hospitals do a full week's work each week for their country in this way. In the best groups the members of both political parties are co-operating wholeheartedly. I am glad that the hon. Member for Putney (Mr. Linstead) is here tonight. He, like my hon. Friend the Member for Tottenham (Mr. Messer), is a shining example of the fact that selfless work for the hospitals is not a party matter. The labours of both point to a day, still perhaps a long way ahead, when health and education will be lifted out of party politics.

I urge the Minister, who I know appreciates the value of this great band of voluntary workers, to give the regional boards a little more freedom, more opportunity to show initiative. I urge the regional boards to do the same with their hospital group management committees. For example, I understand that a hospital group committee cannot appoint even the humblest member of its staff without regional approval, even though the finance for the appointment has already been given in the estimates. We have to devise some methods of allowing boards and group committees to carry over sums not spent in one financial year instead of losing them. The present system encourages rash spending towards the end of the financial year.

I believe, too, that boards and committees would like a global budget so that inside that figure they might allocate as between maintenance and capital expenditure as they think best, and so be encouraged to plan and to save. Incidentally, the boards have recruited an equally zealous paid staff and, thanks to the devotion of paid and unpaid workers, the administrative costs of the hospital service are lower than almost any other undertaking in the country.

It is a sad fact that re-armament makes a savage impact on this growing and developing hospital service. I believe the greatest task of the boards at the present moment is to see that the fullest and best use is made of limited resources. Many of them are already doing so, but I suggest that capital cuts have been carried too far—so far as to produce false economy.

For example, in the hospital where I recently spent some time, ward after ward was being painted. The effect had to be seen to be believed. Some three weeks ago that painting had to be stopped. Apart from the medical value of brightly painted wards, it is bad economy to stop essential painting, as any householder knows. Again, in the Southampton Group a capital expenditure last year of a few thousand pounds was used to centralise the laundry work of the group of hospitals. I am told that the immediate effect of this is to be £2,000 a year in one hospital alone. The Minister will have to press for a still bigger slice of the national Budget, but in the meantime we have to make the best use we can of whatever facilities there are in our hospitals and particularly of our hospital beds.

The basic principle of the hospitals service is that those who need it get first priority. I cannot accept that we have achieved that as long as paying beds remain. Some people get into hospital out of turn because they can pay, while some who should be in are outside because they cannot pay. I should like to see every bed allocated according to medical need, and in these years of restricted spending hospital groups should see that every hospital bed is fully used.

Another contribution to the best use of beds lies in the setting up of what have been called "sick bays" or "halfway houses" for the aged chronic sick. Geriatrics, the medical care of old folk, is making some rather wonderful strides. Old people who have been bedridden for years are learning to get up and to be about during the day. I suggest that links should be established between social welfare committees and hospital committees to consider, on the one hand, domiliary care of the aged chronic sick, and on the other hand, the taking over of large houses to set up sick bays in which the aged chronic sick whose medical needs are not so great might be transferred from hospital wards, and so make available more hospital beds for acute cases. I have been informed that the National Health Service Act does not permit of such development on the part of any regional board, and I hope that my hon. Friend will clear up this point tonight.

I should like to congratulate the Minister on the progress that is being made in the provision of tuberculosis beds in the war against T.B. In our own region we are establishing at Southampton a thoracic unit, and I am hoping that in the years ahead the surgical treatment of this great disease will expand and develop. The greatest mistake that one can make about the State hospitals is to think that a State service means the end of voluntary work. I have already spoken of the voluntary work of people on the hospital boards and management committees, and I want to say a word about the opportunities which now exist for voluntary work.

First, I pay a tribute to St. John Ambulance and Red Cross. I know from personal experience what the library service means to a patient, how first-aid work in a street or crowd may save a life, and how useful the occupational therapy undertaken by the Red Cross is proving. These are some of the gifts which these organisations are making to our hospitals. In both of these great voluntary organisations there is room for thousands more volunteers. Teachers could do much to encourage recruitment to the Red Cross and to the St. John Ambulance Brigade, and, indeed, to encourage recruitment to the nursing profession.

I should like to see every hospital linked through its committee with a group of outside friends—"Friends of the Hospital." In our own Southampton Hospital Group Management Committee, its brilliant and devoted Chairman, Lady Congleton, is urging the setting up in villages and towns through South Hampshire of such groups of friends. Whatever the State provides, there is always room for much more. Each hospital committee has its amenity fund to provide the non-essentials that are so essential. The Friends of the Hospital could supplement such amenity funds to provide extra comforts. What is more important, they could even provide gifts of service.

I have been told that a report recently appeared in the Press of a village where volunteers took over domestic duties during an influenza epidemic, which had smitten down the staff of the hospital, and kept that hospital open. The former Ladies Linen League, as we call them in the South, did excellent work in sewing for the hospitals, and the Friends of the Hospital, particularly in these days of tight budgets, could be of great assistance in this kind of voluntary acts of service. I pay tribute also to the blood donors. I like the idea of the town which, I understand, gives medals to those who have made many gifts of their blood.

There is one voluntary way in which the great Football Association can help at once. I saw what the broadcasts of football matches means to male patients, especially long-term chronic patients, in the hospitals. I doubt whether the Football Association realise exactly what a blow they have struck at thousands of patients by cutting out the broadcasts of football matches, and I hope that the Minister will add his plea to those of several hospital boards, and of my hon. Friend the Member for Ardwick (Mr. L. M. Lever), to the Football Association to reconsider their decision and to make the restoration of broadcasts their free gift to the hospitals service.

I end by expressing my delight at the way in which the new Minister of Health is settling down to his new job and making friends wherever he goes. In thanking my hon. Friend the Parliamentary Secretary for taking this debate on top of many Adjournment debates, I congratulate him also on the great part which he himself is playing in building up a hospital service second to none in the world. The achievements of the past few years are remarkable and deserve to be widely known. Those who have accomplished so much in a short time deserve the nation's thanks. Something very precious has come into our national life, and we must preserve and develop it.

8.26 p.m.

It gives me very great pleasure to follow the hon. Member for Southampton, Test (Dr. King)—I think I am almost entitled to refer to him as my hon. Friend—and to have the opportunity of thanking him for the kindly references he made to a hospital with which I happen to be associated. If any outward and visible sign were required of the efficiency of the treatment of that hospital, we have it tonight in the most comprehensive survey to which we have listened from one of its ex-patients, who surely is entitled to take his discharge on the evidence that he has put before us of his present condition.

That hospital is a very good example of the development of the hospital service over the last 20 or 30 years, because it began its life as a workhouse infirmary without any out-patient department whatever. Today, in that same building, there is not only a hospital of 600 beds, but it is treating every year two hundred thousand out-patients. In a period of 30 years it has passed from the status of a poor law infirmary to that of a hospital providing the most modern treatment, and of the standards to which the hon. Member for Test has paid tribute. Here, in miniature, is a picture of the growth of our hospital service during the last half century.

I found myself ready to disagree with a few of the remarks of the hon. Member, but only very few. I agreed almost entirely with what he had to say about the standard of the medical training and the medical performance in our hospitals. I do not think he was right when he said that the hospital service today is not attractive to doctors, nor that our specialists are not being paid enough. I believe that now the merit awards have been established, there is a sufficient number of posts at the top of the specialist service to attract, and hold, first-class men.

I was glad that the hon. Member put in a word for the registrars, not as trainee specialists in every case—I do not want to re-open that aspect of the subject which has already been discussed in this House—but I think that a considerable injustice is still being done to that group of registrars who will not become specialists. A large number of them between the ages of 35 and 40 were told at the end of last year that they were liable to have their posts brought to an end at the beginning of this year, but they still do not know whether they are to remain or whether their work in the hospitals is to be brought to an end. I hope that the Parliamentary Secretary, when he replies, will be able to give us some indication that the negotiations are to draw to a close before long, because it is very disturbing to that group of young married men, most of whom have done substantial service in the Armed Forces, not to know whether they have a future in the hospital service, or not.

The hon. Member referred to the training of nurses. I wonder whether the Parliamentary Secretary can give us any news about the setting up of the Nurse Training Committees provided for in the last Nurses' Act. We are badly in need of them and until they are set up and the principles and plans have been laid down for nurse training by regions, those in the hospital service cannot make local plans because they do not know the views of those above them.

The hon. Member also made reference to the difficulties created by the pay-bed situation. I can only speak for London, and I would say that in London the position is not as bad as he suggested it might be. I do not believe that in London, with the Emergency Bed Service working as efficiently as it does work, we can say today that any patient who really needs admission to a hospital is being denied that admission because pay-bed patients are jumping the queue. The rule has been laid down that no pay-beds are to be filled by paying patients as long as there is the need for the use of those beds for urgent cases and, as far as I know, that rule is being properly observed in London.

The suggestion was also made by the hon. Member that hospital management committees would be very glad if they could operate on what he called a global budget; in other words, that they might be given a fixed sum of money per annum to run their hospitals and then be allowed to spend it as seemed best to them. I agree with him to the extent that if hospital management committees knew they had a fixed sum and that any saving they made in one year could be spent in some project close to their hearts, we should probably get real economy; but one has to be a little circumspect about plumping for the lump sum.

Human nature being what it is, I think that when prices are going up hospitals might prefer not to have a lump sum while when prices are going down they might be very glad to have a lump sum and make savings. The block grant situation needs to be examined very carefully before management committees plump for it. What they certainly should have is the right to carry any savings they make into the next financial year. I cannot say that the block grant system is ideal in the present economic situation, but we should get more savings and more economical running if they had the right to carry forward their savings.

If I had to choose a text on which to preach a sermon in regard to hospitals at the moment, it would be a plea for freedom for the hospital management committees. It has been said many times, and will be said many times again, but I do not think that when we have an opportunity of speaking directly to a Minister, through you, Mr. Deputy-Speaker, we ought to lose the opportunity of once again emphasising this point. What hospital management committees want, if they are to give of their best to their work, is to feel and know that they are mistresses in their own house, subject only to the essential limitations which must be imposed from above. One of their troubles today is the lack of certainty. One can do many things, even unpleasant things, if one is certain about one's future, but it is not easy to give enthusiasm to administration if one does not know from month to month or year to year just what one's future is to be.

I will mention very briefly one or two points which are of fundamental importance to management committees about which we are uncertain. I noticed the other day that the Association of Municipal Corporations put forward a strong plea for the return of the hospitals to the local authorities. I should say that if ever that were to be contemplated, it could only be in conjunction with a large reform of local government areas and of the powers of local authorities. A definite statement soon made by those in authority that without the reform of local government there can be no question of the return of hospitals to the existing authorities would be a great help.

If management committee areas are to be revised I hope that that can be done soon. I think that they are in need of revision. They were thrown together in a very rapid and rather haphazard way at the beginning, and enough time has now gone by to enable a judgment to be made. They should either know that they are to be changed or that they are to be left alone.

I wish to raise two further points. I hope that further thought will be given to the method of appointment of the members of management committees. I believe that the present method, which is a method of nomination, has on the whole given extremely good results, but I think that in this House we are all sufficiently democrats to believe that we must have an elected element in those committees if they are really to have their roots in the locality and to feel that they are responsible to the local people. Just how that is to be done is not easy to see. At one time I put forward a scheme to our region whereby various local bodies might appoint representatives on to management committees, but that was not at all enthusiastically received. A scheme requires to be worked out whereby there is the nominated element and also an elected element; and by the two working together we should probably get the best of both worlds.

I should like to make a plea for the senior people in the lay administration of the hospitals. I know there is a committee of the Central Health Services Council, on which I happen to be serving, which is working on this question of the internal administration of hospitals. I would not, therefore, say anything tonight with regard to the future of medical administration and lay administration, that extremely difficult and tricky subject. I would however say that we have now anchored the hospital service to the lay group secretary. They will be some of the key men in the service. I am doubtful whether the terms and conditions of service of the group hospital secretary will be sufficiently good to attract and hold men of the calibre required for that very responsible post.

I should like to see that service one which recruited, let us say, 70 per cent. of its senior men from those who joined at the bottom; but I should like to see it sufficiently elastic to bring in perhaps 15 per cent. as university graduates at a rather older age and perhaps the final 15 per cent. at a still older age from members of other professions. I do not think that the senior posts will be sufficiently attractive or numerous to encourage the very best people to come in. Without these key men, the hospital service is likely to suffer in future.

I am sure that the hon. Gentleman would not want to convey a wrong impression. The higher administrative posts in this service were recruited at a fairly high level from the local administrations.

Yes. I am grateful to the hon. Gentleman. I hope that nothing I have said would lead the House to think that I am minimising in any way the quality of the men we have or the work they do; but, looking to the future and to the way in which salaries are running generally, I am certain that for a limited number of posts the ceiling must be raised. In conclusion, I think that we have now developed the new hospital service to the stage at which we are entitled to say that we can make it a service comparable with that of any other country and something of which we have every right to be proud.

8.41 p.m.

I should like to join my hon. Friend the Member for Putney (Mr. Linstead) in congratulating the hon. Member for Southampton, Test (Dr. King) for the generosity as well as the detail with which he opened this debate. He distributed thanks all round, not forgetting the Parliamentary Secretary. I should like to join him in thanking the Parliamentary Secretary for coming to the House again and again and making lucid, if not entirely satisfying, speeches on the Adjournment. When the hon. Member was speaking, I thought at times that he tended to attribute to the National Health Service qualities which existed long before the National Health Service was introduced on 5th July, 1948.

He paid tribute based on his own experience. If he will forgive me, I should like to say that I think that he slipped from grace when he gave thanks to the National Health Service for the recovery of the right hon. Gentleman the Minister of Education, whose speedy recovery is a delight to everyone in this House, for, alas, the Minister chose to go to a hospital which decided to stay out of the Service. He went to the trade union movement's own hospital which, acting on the old principle that an earth burial was good enough for oneself and cremation the right thing for all the others, decided to stay out of the Service which it praised but decided not to join.

But perhaps the significance of the hon. Member's statement is that it was to doctors, nurses and to hospital staffs generally, whether within or without the National Health Service, that his testimony was made. He said that there was such a shortage of hospital medical staff that one hospital had spent a sum equivalent to a doctor's salary on advertising for a member of the staff. That led me to wonder. Indeed, I suspect that, in some part, that unduly high cost was due to the prolixity of hospital administration in drafting the advertisements, to the tendency which has grown up for publishing long and expensive advertisements in the medical Press and in "The Times" and the "Daily Telegraph," for posts which could be described much more briefly and much more cheaply.

As far as my experience goes, all these advertisements are now most carefully codified and reduced by regional boards to such an extent that none of the elaborations which my hon. Friend described can be found today.

My experience is that, in every issue of the medical Press and of the national Press today, there are these advertisements which are unduly wordy, but I do not place too much emphasis on that point. There is more codification, more simplification and more shrinking to be done.

When the hon. Member referred, and I am very glad he did, to the nursing profession, I felt in entire agreement with him, and particularly when he referred to the ward system as the king-pin of the hospital service. When he referred to the need for nursing recruitment, I was also entirely with him, though I wondered whether one of the remedies which he suggested would do very much—the remedy of honours to the nursing profession. Not for one moment am I denying that honours should go to that section of the community more than most, but I suspect that the young woman of 18 is hardly likely to be attracted to the nursing profession by, say, the prospect of an award of the O.B.E. at the age of 50 or 55.

I should like to say a word or two about recruitment to the nursing profession. We are all rather apt to refer to a shortage of beds as if there was a shortage of the beds themselves, when we actually mean a shortage of nurses, and sometimes a shortage of domestic staff. This is, perhaps, the biggest problem of all—the shortage of nurses. More girls are entering the nursing profession than before the war, but, of course, the demands made upon the profession are very much greater than they were. I think it would perhaps help recruitment if more were said about the prospects of the nursing profession and the training for it—the prospect of a satisfying life, satisfying not only to the few who feel it as a special vocation, but to a very considerable proportion of our young women.

Sometimes, I think we have spoken in such hushed tones of the glory of nursing as to suggest that it is the preserve of the few and that it is a life in which only the few can satisfactorily engage. On the contrary, no one who has been in hospital or has been associated with hospital work can fail to appreciate what genuine satisfaction is to be found by those who engage in that magnificent and essential work.

Yes, it is still a vocation, but let there be no misunderstanding. A larger proportion of girls today are likely to find nursing satisfying and are likely to become good nurses than is sometimes suggested in speeches on the subject of nursing recruitment.

The hon. Member also referred, and I am glad he did, to the gap between the consultants and the general practitioners. Something has happened in the last few years, something that has led many general practitioners to feel a loss of status, and to feel that they have become more and more like a fountain pen between the patient and what the patient believes himself or herself to be. There is a feeling that, with the advent of this service, the general practitioners have been less welcome than before at the hospital. There is a feeling—although I do not propose to touch on the subject of remuneration—that in that field the general practitioner has been left far behind.

There is a need to end the tendency of some regional boards to exclude the general practitioner from the hospital and, when time and money permit, to increase the provision of what are called general practitioner beds. There should be no misunderstanding about this. I am not suggesting that persons who are not fitted by training and experience should undertake specialised hospital work. What I am saying is that it becomes more and more necessary for the general practitioner to treat his patients suffering from conditions within his proper scope in beds in hospitals or in parts of hospitals provided for the purpose. I believe that one of the most important developments needed in the medical field today is to place at the elbow of the general practitioner more and more diagnostic aids and to place at his disposal general prac- titioner beds in which his patients, falling within his proper field of work, can be treated by him, with, of course, nursing and other aids which are unobtainable outside the hospital.

I want now to say a word or two about the shortage of hospital beds today. I believe—and perhaps the Parliamentary Secretary will correct me if I am wrong—that the number of unstaffed hospital beds is in the region of 40,000. In order to staff those beds with the necessary nursing, domestic and medical personnel it would possibly cost something between £15 and £20 million. Where does the Parliamentary Secretary contemplate that money coming from?

I am not making a debating point of this, but I want to draw attention to the effect of a ceiling. I believe the ceiling to be necessary, but I want to draw attention to the fact of such a ceiling on the hospital service, not only in the light of rising costs, but also in the light of the need at the earliest possible moment to staff those 40,000 beds. We need the beds, and obviously it will cost money to open them. I should like to hear something from the Parliamentary Secretary of the source of such money in the light of the ceiling position.

Reference was made to the need of accommodation for the aged sick. Though there have been many gains in the administrative and other structure following the introduction of the National Health Service, there has been one loss. Under the old system there was in each area an official who had the right to command a bed. He was the relieving officer. I know that his function was limited to the destitute, but I also know how busy the lawyers had been in defining the word "destitute." I know there was a case in Birmingham where a man who had lost his appendix was held to be destitute in respect of his appendix for the purpose of securing a bed. But at any rate in those days there was a person who could command a bed. Today there is no one who can command a bed.

No one who has been a house officer of a general hospital dealing, in the main, with acute cases will deny the need for an element of external compulsion sometimes. The acute hospital, proud of the work it is doing, and doing immensely valuable work, has a natural reluctance to the admission of a long-stay patient. Let us face the facts. An old and infirm person is likely to be a long-stay patient. For that reason, if for no other, it is essential to the hospital service that there should be some officer—let him be an officer of a regional board—I am not for the moment defining the type of officer—who, it having been reported to the hospital that there is an acutely ill person of whatever ailment, can instruct the hospital to admit that patient. When such instruction is given, it is surprising with what speed the additional bed is put up for the purpose.

I should like to say a word or two on the administrative structure, following the points made by my hon. Friend the Member for Putney. I recognise that in the early stages it was necessary for the Minister to exercise a good deal of general guidance and control and also that in the first two or three years of the service it was necessary to concentrate a good deal of authority at the level of the regional board. But I believe the time has come to pass more and more of that authority to the hospital management committee level. The original conception of the regional board was that of a planning authority. I believe the time has come to regard it and to use it more and more for the purposes of general planning and to refer more and more of the day-to-day administration to the hospital management committee.

But I want to go a little further than did my hon. Friend the Member for Putney. I want a little more authority passed to the individual hospital. The notion of the hospital management committee, a group of hospitals providing a unit in the total, is an attractive one; but a hospital management committee cannot effectively supervise 21 hospitals, as a hospital management committee I have in mind has within its scope. I want to see in each hospital a house committee. It need not have a wide range of important functions, but at least it will help to maintain or recover that old relationship between the hospital and the area itself.

One thing that was so important in the old days, whatever the difficulties may have been, was that the individual hospital was the centre of the local people's pride and enthusiasm, and maybe of their criticism. It was their hospital, Although an enormous amount has been gained in these larger groups of regions and hospital management committee areas, something has also been lost. I believe that at that level there could be an elective element on the house committee of the hospital that would do something to redress the balance.

As to administration, I hope that the reports that are now being prepared on the subject of administrative staffing will be available very soon, for I am convinced that there is a great deal of over-staffing in hospital administration today. In the old days there was a hospital secretary, perhaps trained in no particular branch, who was pretty effective in most branches of hospital activity. Today there is a finance officer, a deputy-finance officer, an accounting officer, a deputy-accounting officer and, in one region I know, a whole army of architects and architects' assistants for building which is not taking place and will not take place for years to come. It is time we had a pretty radical examination of the staffing position.

I agree with the hon. Member for Test about the financial arrangements. I believe we must find a way of placing not only responsibility at the level of hospital management committees but an annual allocation of money which it would be their duty to spend as prudently and efficiently as possible and that any residue of money should pass on to the following year. I go a little way beyond the position he reached. While I believe that the money the State provides should be enough for necessary hospital provision in the year, I would permit the hospital management committees to appeal for funds from the community. I have said once before in this House that I believe it contributes to the wealth of the community to have an opportunity to give money and services to a hospital.

If there is one criticism that one might make of the hospital service, it is that it has removed the hospital in large part from the field of individual charity, individual generosity and gifts. Subject to the proviso I have mentioned, I should like to see hospitals permitted to invite contributions, and indeed, if it can get them, permitted to collect considerable sums of money to improve the basic provision. It would need to be carefully watched, I know.

There would need to be a percentage contribution which went to the regional level. There might even need to be a percentage contribution which went to the national level, in order to help those areas which, by their nature, are less likely to collect substantial sums than are others. But we should get away from the idea that there is something wrong and improper about giving people the opportunity to give their services and their money to the hospital service. I am not suggesting returning hospital finances to the vagaries of the flag day system. I am saying that when the State has reached the limit that it can afford, then let individuals who can and will do more.

I ask that something should be said about the co-ordination of the three administrations of the service. As the House knows, we have for the most part three quite separate administrations—the general practitioner administration over county and county borough areas, hospital administration in regional areas, and the local authority administration, for the most part in county and county borough areas. The right hon. Member for Ebbw Vale (Mr. Bevan), when he was asked about the co-ordination of the three administrations, said that the patient would do it. I felt that that was one of his less valuable observations, for the idea of a patient coordinating these three administrations seems to me to be absurd.

There are troubles. I will give one example of something with which the service began and which still exists today. The midwife service is under the local health authority. The general practitioner, who in fact provides the obstetric service, usually in collaboration with the midwife, is under another authority—the local executive council. The patient who is admitted to hospital passes to the field of another authority—the regional board. Ante-natal care is provided by the midwife under the local health authority, by the doctor under the local executive council. In the case of a woman going for her confinement into hospital, it is provided by the hospital in its out-patient department or some out-station. Over and above that, the authority still continues the ante-natal clinic, just as if no comprehensive service had been provided. I can understand there being at the beginning certain problems of co-ordination and administration, but it is time an eye was cast over the administration to see if the three administrations cannot be brought more closely together.

There are many other questions which one could raise. I realise it may not be possible to give it tonight, but I should like some information about the staffing of the mental observation wards. Has that suffered? I recall that in the old days the mental observation wards of general hospitals were used with the result that only 50 per cent. of the patients entering them ever found their way to the mental hospital proper. I have reason to believe that the staffing of these hospitals is so reduced that, in fact, an increased proportion of people suffering from what may well be a temporary mental condition go direct to the mental hospital—direct to certification—without the opportunity of a spell without a formal certificate in mental hospital wards.

I hope that the reports which deal with costing systems, the reports that will bring out the relative costs before 1948 and today, in typical hospitals will soon be published. I am not now seeking to deal with the issue of over-expenditure, but we must get down to some system of comparability in hospital accounts in order to dissect what are the factors of disparity.

Referring only to hospital services, to my mind this system of hospital areas, unrelated to local government boundaries and related only to the hospital consideration and to the habits and needs of individual citizens living in the areas, is absolutely sound. I know that local authorities are beginning to wonder whether they were wise in yielding up their hospital services to regional bodies, as they did. Indeed, I still recall the amazement with which I learned that the London County Council had agreed to hand its hospitals over to regional bodies without so much as a whimper—or, at least, a whimper in public. But I think that system to be right, and those who advocate a return of the hospitals as they are to local authorities today should cast their minds back to the system which existed before the service came into operation. There was a divorce—two hospital systems side by side of varying qualities and standards. One good thing the National Health Service did was to abolish that divorce.

One remaining fear is this. Having in England and Wales set up two kinds of hospital authorities, one for the teaching hospitals and one for the non-teaching hospitals, I wonder whether we are not heading for another separation within the hospital service. I should not like to commit myself, but I suspect that the Scots may turn out to be right in creating hospital authorities embodying both teaching and non-teaching hospitals. We should weigh the position with care, and although Englishmen are too often told by the Scots that the Scots are right, I hope we shall resist any natural impulses to continue with a system which is less satisfactory than theirs merely in order to spare ourselves the shame of admitting the fact to the Scots.

In conclusion, may I again thank the hon. Member for Test for the good fortune which has come to us on this Adjournment debate, that we have had this opportunity of looking at some of the problems of the National Health Service.

9.8 p.m.

Opportunities of discussing the hospital service do not arise so frequently in the House that one would willingly forgo the chance which the hon. Member for Test (Dr. King) has given us of drawing attention to aspects of the service which we regard as especially important or as requiring special notice. Nor, I know, will the Parliamentary Secretary, who is to reply for the Government, begrudge being detained here longer on a subject in which we know him to be so personally interested.

I am aware that it is not possible in an Adjournment debate to be out of order on grounds of irrelevance; but in any case, if I confine my remarks to the care and treatment of tuberculosis, then I should not be ruled out of order, since that aspect of hospital work has progressively been brought closer and closer to the rest of the hospital services, to the great advantage of the treatment of tuberculosis. The very fact of the renaming of sanatoria as hospitals is a small symptom of that tendency to bring the two closer together. The hon. Member for Test, too, referred to the development in thoracic surgery which has been one of the great movements in regard to tuberculosis in the past few years.

On more than one occasion recently the Parliamentary Secretary has drawn the attention of the House to the fall—and it has recently been a sharp fall—in the incidence of deaths from tuberculosis. I am sure, however, that he does not feel any undue optimism in regard to this disease on that account, and recent information which has been made public reinforces, if need were, that warning.

In the Report of the Central Health Services Council, which was presented to this House at the end of April, there are set out side by side the rates of notification and the rates of death from respiratory tuberculosis. Now the remarkable fact is this, that since 1942 there has upon the whole been a steady, and recently a marked, fall in the incidence of death—in the death rates—from tuberculosis, but since the same year, 1942, the notification rate has remained absolutely steady, with trifling fluctuations.

Will the hon. Gentleman allow me? That is true, of course, up to about 18 months or two years ago, when the incidence also began to fall; and, as was pointed out when the Report of the Central Health Services Council was published, the Report was prepared before this tendency became so noticeable.

I am obliged, and I am hopeful that that trend, which is a very recent one—an extremely recent one—may be sustained; but there have been on previous occasions wobbles in the curve as deep or as noticeable as the present dip. However, even if there is a downward trend in notifications, I am sure that the hon. Gentleman will agree that it is by no means commensurate with the downward trend of deaths, and the deductions to which I am about to draw attention will still follow.

It is clear that if notifications continue at a given level while the rate of death falls the waiting lists for admission to a relatively constant number of beds must increase, and, in fact, what partly accounts for these figures is, not that we are curing more people of tuberculosis, but that the types of treatment which have been in use of recent years are types of treatment which delay death.

I do not think we can allow the hon. Gentleman to get away with this. I know his special interest in this field. Really, however, the waiting lists are now going down, in point of fact; and I certainly do not think it will be accepted for a moment that the improvement in our figures of deaths is due to, as he would say, merely the postponement of death—unless he wishes to say that of treatment of any disease, and that though we put death off, all of us eventually will die.

Naturally, I was not using "postponement" in that sense. The fact remains—and I do not think that the hon. Gentleman will dispute this—that the types of treatment which have come into use of recent years, which are much lengthier treatments, and which do enable us to prolong life in many cases where it previously would have been lost, are partly contributive to this opening of the gap between the curve of the death rate and the curve of the notifications. I hope that the hon. Gentleman will look into that allegation, if it be no more, at any rate to satisfy himself that, at the worst, there is no substance in it. However, from my personal information, in the area which I represent I am by no means satisfied that it is a mere allegation.

It will be remembered that within the last 12 months wards in general and other hospitals were placed at the disposal of tuberculosis patients This step, which was taken, I think, in the middle of 1950, did bring about a drop in the waiting lists in the relevant areas, but that drop has now been pretty well recovered; the waiting lists are pretty well back to the length they were before those wards were made available for tuberculosis cases, and the average length of waiting time between notification and admission where sanatorium treatment is required is again mounting. This may not be true all over the country, but it is certainly true of some areas, and of the area with which I am familiar.

Is it not a fact that in Wolverhampton today, as in every other city, we are getting these cases at a much earlier date?

Certainly. I am well aware of the fact that cases are being detected, and therefore appearing as primary notifications, which would not have appeared in former times before the wide diffusion of diagnostic methods; but that only intensifies the challenge of this gap between the notification curve and the death curve, to which I am relating my remarks.

I know that, whatever view we may have as to the trends in the waiting lists, no one would deny that their length is a grave challenge. These waiting lists represent not merely a cause of suffering and danger to the individuals who are so registered, but to the community at large. For every one of these notified patients awaiting admission, in most cases, to a sanatorium, there is a threat to perhaps five, possibly to a wider number, of persons living and working with the notified case. What I put to the Parliamentary Secretary is that the fall in the death-rate from tuberculosis affords no ground for relaxing—indeed, it affords rather a ground for intensifying—the measures which are being taken to increase the number of tuberculosis beds available.

Having made that general point, I want to put to him a special and, I admit, a minor proposition in regard to pressure upon beds for tubercular patients. Quite a number of those obtaining entry—a small number, but every bed counts—to tuberculosis hospitals are nationals of Eire who have come into this country to take up work, who have been found at varying dates after their entry into this country to be suffering from tuberculosis, and thus to be a danger to those who work with them, and who demand thereby admission to a sanatorium.

I quite realise the duty which lies upon us when a person working in this country is so afflicted to look after him as we look after one of our own nationals. I entirely recognise that. But the question I put to the Parliamentary Secretary is: Is it not desirable that a person entering this country to take up work—not just on a visit, but to take up work—should be certified—and it is not a very difficult matter—free of tuberculosis before he is admitted for that purpose. We should, by doing that, I believe, save a number of tuberculosis beds for our own people. The number might, in absolute figures, be small, but it is one of those minor points which I think is worth looking into.

I end as I began, by asking the hon. Gentleman not to relax but rather to intensify the measures which have been taken in recent months to increase the number of beds available for the treatment of tuberculosis.

9.20 p.m.

Until about one and a half hours ago I did not know that this debate was to take place, and so my speech is not prepared. After listening to what has been said, I should like to take part in it. Hon. Gentlemen have paid a compliment to the hospital service and to the voluntary workers. Let me associate myself with it. Before the National Health Service began, a group of men and women had devoted their lives to the organisation and development of the voluntary services and did a wonderful job.

The nursing profession is doing a wonderful job. Here I would reply to the hon. Member for Wolverhampton, South-West (Mr. Powell) who spoke about a large proportion of patients coming from Southern Ireland. A large proportion of our nurses come from Southern Ireland, too. I spent months in a hospital in London where almost the whole staff were from Southern Ireland. We should pay a tribute also to the male nurses. Many people feel that nursing is not a job for a man, but there is a substantial place for the male nurse. I hope that publicity will be given to this point so as to encourage more male nurses to enter our hospitals.

I agree with the compliment paid to consultants and specialists, but I cannot agree that we are not paying them enough. In comparison with other branches of the profession they are certainly not underpaid. I was disappointed that a compliment was not also paid by the hon. Member to the dentists. If he had told me that he had had a tooth out I should have known that he was going to pay us that compliment. It was one point he omitted from his speech.

The point was brought out by the hon. Member for Luton (Dr. Hill) that we should pay a compliment to the hospital service, but he added that the same people were doing just as good work before 1948. I quite agree, but there are certain differences which we must recognise. One is that there are now far fewer paying beds, which means that there are more free beds.

Another point about the National Health Service which we should recognise is that since it was introduced the old feeling which existed that treatment at a voluntary hospital was charity has disappeared. There is more democracy in the service, because under the previous arrangement the ordinary people did not possess that control over the hospitals which is necessary if we are to have a link between the patients and the hospital service. Another difference is that nursing is now recognised as one of the key jobs of the country. It was not so in the days of the voluntary hospitals.

I associate myself with the compliment which has been paid to the voluntary workers in our hospitals, but we must recognise that there is a danger in the way we approach the matter. In the old days these gentlemen and ladies who did wonderful work in the hospital system were there because they had the finance and the time to devote themselves to the service. Even in later years when the bulk of the hospital finances were coming from the trade union movement and from the factories or the workshop through the Hospital Savings Association and the Hospital Saturday Fund, the people who contributed the money were to a great extent not represented on the committees.

It is true that annual meetings were held and numbers of people were appointed to the committees, but compared with the contributions made to the committee, the contribution of the trade unions and the industrial workers was very small indeed. This idea has been carried on into the present system. It is true that in 1948 when the hospitals were taken over the only people who had experience of their management were the old directors and managers of hospitals, and it was only right that they should carry on the job during the transitional period.

But the time has now come for us to broaden the basis of our hospital management committees under the regional hospital boards. We must recognise that the hospital management committees reflect the views of the regional hospital boards because, while there are nominations to the hospital management committees, it is the regional hospital board which makes the appointment and is therefore the key to the composition of the hospital management committees.

What is the position today? A week or so ago in Wolverhampton I had a three-hour discussion with the local health services committee of my trades council. There were not one or two but many active young trade unionists, both men and women, who have been meeting week after week to discuss hospital problems. It is true that they have had a liaison with the hospital management committee but, although they have been studying hospital problems for four or five years, they are denied a place on the hospital management committee for Wolverhampton. I believe there are 22 members of the hospital management committee, and there is only one trade unionist representative on it.

So that there may be no misunderstanding, I want to point out that there is no representation on either the regional hospital board or the hospital management committee.

I agree that there is no representation in the ordinary way, but we all know that various bodies make nominations and it is from those nominations that the committee is picked. It is true that the members do not represent any one group, but this is an industrial town and a large proportion of the hospital cases are industrial injuries and the industrial problem is the most acute problem in the hospital, yet there is only one trade unionist on the hospital management committee. It is true that time after time the trades council, the Midland Federation of Trades Councils and individual trade unions make nominations, but they are always up against the hard core of the regional hospital board and are turned down while people who have no experience of hospital management committees at all are very often appointed.

In a Question the other day I raised the subject of the Birmingham Regional Hospital Board. Its members do not represent anyone, but the great majority who have political affiliations at all are Conservatives. I am not condemning them for that, but I feel that in a national hospital service we should have a body which represents all shades of opinion. However, there is only a very small handful of trade unionists and members of the Socialist Party on that board. The last chairman of the regional hospital board was a very distinguished man—I do not know what his politics were—but the vice-chairman was Alderman Bradbeer of Birmingham, one of our most distinguished local government servants, who had been Lord Mayor of the town, chairman of the finance committee and leader of the Labour Group, and is still an active man.

When the chairman resigned my right hon. Friend, without consulting anyone as far as I know, went over the head of the vice-chairman and appointed one of the leading Conservatives in the town as chairman of the board. It is true that he had great experience in hospital management, but the first speech he made which appeared in the Press was a rather vicious attack on the late Minister of Health—

My right hon. Friend is coming back, I am sure of that. The people who ran these hospital boards in the past did their jobs well, but the time has come to broaden the basis of our hospital boards and, instead of doing that, the Minister is narrowing it still further.

The hon. Gentleman has raised this point before. Surely it is relevant that the appointment which the hon. Member for Wolverhampton, North-East (Mr. Baird) dislikes was entirely welcome to the leader of the Labour group of the City Council of Birmingham?

I am putting my point of view. I am an individualist to the extent that I have my own view. I am speaking with the full authority of the Labour group in the Midlands. The hon. Gentleman who opened the debate spoke about the good work being done in the field of geriatrics. This is a dangerous subject. It is true that geriatrics puts a lot of old people on their feet again, but it also puts a lot of old people in their coffins.

My hon. Friend ought not to let any misapprehension get abroad when he makes light-hearted comments like that.

I think geriatrics are in an early stage and I do not think we can yet press forward at too rapid a rate with this type of treatment. I am putting my own personal view, but there are certain dangers in some forms of this treatment with which I would not associate myself. However, I will withdraw my early remark if my hon. Friend wishes me to do so. I feel that a much better way of putting these old people on their feet is what I suggested in the House some years ago. We should develop the chiropody service attached to the hospitals by letting it go out to help old people in their own homes.

I agree that the time has now come when we must strengthen our hospital management committees. There is a feeling of frustration in relation to the regional hospital boards. It is true that there must be an overall financial control, but there could be much more freedom in spending in minor matters as far as the hospital management committees are concerned. Here are men who have been running a group of hospitals for 20 years who know the ins and outs of local building problems. If someone from outside comes down constantly and lays down the law, it is very frustrating. It is true that this control may be necessary to begin with, but we have now reached the stage when more freedom can be given to the hospital management committees. As far as the global sum is concerned, I would say that the trouble with spending it is at the beginning, and not the end, of the financial year.

These are the points, as I see them, that have been brought out tonight. There is need for more hospital beds. We are told that there are 40,000 beds which are not being used. We are told that there is a need for more nurses for the T.B. service. It is nurses which are needed more than buildings or anything else. We are also told there is a need for better salaries for G.P.s, and so on. But there is one point to which we always return, and which has not been faced up to by anyone.

The hon. Member for Luton (Dr. Hill) mentioned the £400 million ceiling. He said that he agreed with the need for a ceiling, but—that "but" must always come up as long as there is a £400 million ceiling—how in a world of rising prices can we possibly get any progress at all with the hospitals service? It is simply impossible to do so. The needs of the hospitals are growing day by day, and in a world of rising prices the amount of money which is available is becoming less and less. That is the problem facing us today. It is a political problem, and the House will have to face up to it sooner or later.

9.37 p.m.

I join in congratulating the hon. Member for Southampton, Test (Dr. King) on having raised this subject this evening. I very much regret that since 16th November last, when I was elected a Member of this House, there has been no full-scale debate on the working of the National Health Service. I should like to thank the hon. Member for raising this subject and for the very interesting speech with which he initiated the debate.

I rather regret that the hon. Member for Wolverhampton, North-East (Mr. Baird) should be pursuing this attack on the appointment of Mr. Grosvenor, because I have now taken some small part in three municipal elections in Birmingham and I cannot ever remember the administration of the Health Service in Birmingham being in any way a party point between Unionists and Socialists in that City. That is one subject which, so far as I know, has been kept out of Birmingham party politics for a long time, and I think there is general confidence in the City of Birmingham in the work of its hospital management committees.

I want to raise only one small point, but I think it is an important one: the immense difficulty which hospital management committees have today in framing their estimates of expenditure. Last October, they had to frame their estimates for the current financial year of 1951–52. That has proved a task of quite exceptional difficulty, because since October the cost of almost every item has gone up.

Hon. Members will appreciate that the cost of living, so far as hospitals are concerned, has risen more heavily than a glance at the official retail prices index might lead one to suppose. Hospital patients cannot, on the one hand, gain from a slight increase in the specific gravity of beer, while, on the other hand, hospitals suffer particularly severely through the large increase in the cost of such things as patients' clothing and nurses' uniforms. Such a simple thing as, for example, the cost of laundry, which has gone up recently, bears with very great severity on hospitals.

This rise in costs is having a most serious effect. Hospital management committees know perfectly well that they will not be allowed supplementary estimates, and I think myself that the decision of the Government to keep a ceiling on expenditure on the Health Service in the circumstances was a perfectly right decision. But a good many hospital management committees, seeing the cost of so many articles rising, have tended to let their stocks run down in the hope that prices will soon come down; and the result, so I understand, is that there is a large number of hospitals with very low stocks of clothing, which will have to be renewed when prices look like reaching a new peak. The House would do well to remember that 40 per cent. of the hospital beds are in mental hospitals, and in these hospitals one has to consider, not only the cost of patients' night clothing, but of their day clothing as well.

The only solution to this problem, as my hon. Friends have said, lies in putting more responsibility into the hands of management committees, and trying to alter the system of budgeting so that they are free to plan their expenditure over a term of years. The only way out of the difficulty that must arise when there is a ceiling on the total amount which may be spent on the service while prices are going up all the time, is for hospitals to renew a few items each year, and to decide which items must be renewed in any particular year and which can be left over to a slightly later date.

Another suggestion I make is that it is vital to keep the right balance between expenditure on clothing and equipment, and expenditure on salaries. I hope the Parliamentary Secretary will be able to tell us that progress has been made with the inquiries which have been going on into hospital expenditure and into the system of accounting, and that we are now better informed on these matters than we were a year or two ago. This is a very serious problem which can only be solved by planning on the part of hospital management committees and wise guidance from the Ministry, which is a very different thing from day-to-day interference on details. It is one of the questions where everyone must co-operate towards finding the right answer.

Like all hon. Members who have spoken tonight, I think the progress made since 5th July, 1948, is very remarkable and I cannot help feeling that, given wise guidance from the Ministry and continuing good work from the hospital management committees, some solution to this problem will be found.

9.43 p.m.

I do not want to detain the House for long, and certainly I have no intention of following the hon. Member for the politically less mature part of Wolverhampton too far in his remarkable plea for functionalism in representation on regional hospital boards and management committees. It struck me as somewhat peculiar that after his objections he raised in the earlier part of his speech he was still able to claim a remarkable advance in democratic representation in the first part of his speech. I would have thought it difficult to maintain that the direct connection of the ordinary citizen of the country with what used to be called the local authority hospital is greater now than it was when he was directly responsible for electing the councillors to run the hospitals.

I wish to take up one of the points raised by my hon. Friend the Member for Luton (Dr. Hill). I share his doubts about the costs of administration of hospitals and I must confess I am never wholly convinced, even by Conservative friends who are members of regional boards of management committees, when they assure me that administrative costs are being pared to the limit. I have known only too well the same happen in the case of education. It is always that those doing the administering, no matter how conscientious and careful they are, are convinced that their administrative costs have been pared to the limit, and it is remarkable sometimes what things people looking at those costs from outside can discover.

I am not for a moment convinced that all the possible savings come out of such things as salaries. I am not convinced that they come from the larger items. I should like to mention to the Parliamentary Secretary a couple of small instances which came to my notice and which seemed to me remarkable examples of this sort of savings which could be made. I say at once that these examples are taken from the early years of the service. I should like to think that the Parliamentary Secretary can assure us that these things no longer happen.

The first case was that of a man who had given about 20 years of his life to voluntary service in hospital work and found himself, after the service came into operation, a member of a regional hospital board. One of his earliest duties was to go to a city some way away from his home and take the chair at a selection committee which was called to select a chest consultant for a small cottage hospital. My friend pointed out that this was something which would have been done pretty quickly by a few people in the old days because the services of a chest consultant may not be often called upon in a cottage hospital, and in any case there could not, in a rural area, be so many consultants within the region whose services could be called upon.

As it turned out, a committee of about eight people, one of whom travelled from a neighbouring region, sat and discussed this question for a fair time. My friend was offered a fee for his services, which he refused. All the members of that committee were urged, by the clerk in attendance on the committee, to put in accounts for expenses. At that time petrol rationing was in operation and they also received their petrol coupons. The cost of that little item may not appear considerable. It was probably in the neighbourhood of £40 or £50, but if that sort of thing happens very often it is not difficult to see how a few thousands or hundreds of thousands of pounds can go.

The other example may seem even more trivial. A minister of the Church of England, a vicar in a country town was, when the local fever hospital was taken over by the management board, asked by the committee whether he would accept the job of chaplain to the hospital. He said, "I am already the chaplain to the hospital." It was made clear to him that he had to take on this job officially. He was also informed that his honorarium will be 10s. a week, which he said was both small enough to be an insult and not large enough to make it a job. Nevertheless, he was given that 10s. a week for doing a job that he had always done.

I can perfectly well understand that the object of the committee was to make it a salaried job capable of being terminated at their will if the man was unsatisfactory in that job.

Is the hon. Member trying to give the impression to the House that it is only since the introduction of the new Health Service scheme that they are paying a chaplain—maybe from the Catholic Church, or the Established Church or the Methodist Church—for services rendered? If the hon. Gentleman is seeking to convey that impression, I would say, as a past member of a hospital management committee, that in my area payment for services of chaplains inside those hospitals used to be made under the old set-up.

The hon. Gentleman could not have grasped my point. I am not saying that. I know that there are many cases where payment is necessary and desirable where the job is a big one and cannot be carried out by a busy clergyman together with the discharge of his own duties. In this instance I am giving it was a job which required little time. It could not have taken much time because my friend said that he is not very popular in a small fever hospital if he goes in at all hours of the day. He has to be robed in a white gown and disinfected when he comes out. The matron is not particularly pleased to see him unless his presence is necessary.

But, in this case, the job which he had done for many years for nothing, now commands a payment of £26 a year. I do not know how many other denominations are also contributing chaplains to this hospital. I know that that is the sort of expense which before did not fall to be paid and which does now. I only ask how widespread that is, and whether it is not an instance where it might be possible to make a saving.

Another point raised by my hon. Friend the Member for Luton was about the provision of hospital facilities and medical treatment for the aged sick. I note that the hon. Member for Wolverhampton, North-East (Mr. Baird), has now left the Chamber. I was somewhat horrified at what I regarded as his singularly irresponsible statements about geriatric treatment. I feel very strongly, with my hon. Friend the Member for Luton, that the passing of the relieving officer is, in this one instance, something which we might occasionally mourn and for which we have not yet provided a substitute.

I have been struck by the fact that those who before 1948 would have been the first to say that the relieving officer is a relic of the past who must go are among those who now say that there is a gap which we have not yet succeeded in filling. It is true, as my hon. Friend said, that there was a person who could at need command a bed for a destitute or aged sick person. As we all know, there are at the moment great difficulties in finding beds for people who may become a long-term liability for a hospital, because they may become chronically sick while in the hospital.

In answer to the hon. Member for Wolverhampton, North-East, I should like to make one remark about the nursing of the aged sick. He suggested that the new interest in geriatrics had dangers. I wonder whether he has ever discovered the effect upon nurses of the amazing successes achieved by geriatric specialists in hospitals. I have seen nurses who. in the past, could only be persuaded with the greatest difficulty to nurse the chronic aged sick, which is never a very pleasant form of nursing, transformed into people with a mission with an almost evangelical fervour simply by the extraordinary successes which an inspired doctor can achieve in curing old people and in sending them out again into a happy and useful life.

They have seen the turnover in hospital beds go up from two or three cases per bed in the year to eight or nine cases. The effect on the nurses of knowing not that they have a body on their hands who may lie there for years gradually dying but that they have a human being on whom they can concentrate almost their whole soul, to bring back to health quickly, is remarkable. That effect should not be overlooked in any light-hearted discussion of what are, in some cases, the rather excessive claims of the geriatric specialists.

Finally, on this question of nurses. That is only one example of what we can do to inspire nurses with a sense of mission, but I remember when the lack of nurses was one of the chronic problems of our social services—and, indeed, it is by no means an easy problem or even within sight of final solution now—a report of the Working Party on the recruitment of nurses was published. I remember thinking at the time that its main deficiency was that the statistical problem was not really viewed against the background of the whole problem of manpower and woman power in this country, and at the time when that Report was published, it was a fairly open secret that the statistician responsible was also concerned with the deficiencies in the Report.

The hon. Lady the Member for Gorbals (Mrs. Cullen) said that nursing was a vocation. Of course, it is a vocation, but it is also a profession which competes for young women recruits with a great many other professions of the utmost importance, for which we are also seeking recruits. We are told almost every week that there are not enough teachers, and we know that the medical auxiliary professions are under-staffed and in many cases looking for recruits. There are columns of advertisements for psychiatrists, physio-therapists and so on, and, above all, in the educational field, we have only been able to get them with difficulty.

When we are competing with the teaching profession and with a number of others, sooner or later, somebody has to sit down and say which of these are the more important. If we are going to offer more incentives in one profession in order to get recruits, what other occupations are going to lose them? Is it to be the teachers, because that is to say that hospitals are more important than schools? Are we to take them from industry or commerce or from where? I think it is time that somebody, if not a Minister, found an answer to this important problem, and laid down the priorities which will be established after certain other occupational needs have been satisfied.

9.58 p.m.

I am sorry that I did not hear the opening remarks in this debate, but I feel that the time at the disposal of the House to discuss an important matter of this sort, particularly almost on the third anniversary of the tremendous changeover to the Health Service, is insufficient to cover all the difficulties that were bound to arise and have to be solved.

I wish to raise three matters which I consider to be questions of hospital administration of particular importance which have been discovered by difficulties arising from the change-over. The first concerns the type of hospital accommodation which we ought to be building. In the past, the old boards of guardians, who were responsible for building institutions, built them as though they were to last for ever, and now, when we have the problem of dealing with sickness, different diagnoses of patients and different types of cases, the accommodation that we have at our disposal throughout the country is not the right sort of accommodation to meet the new needs of hospital treatment. I believe that the new method of building should be to build quickly accommodation which can easily be altered to meet the different types of treatment necessary.

For instance, the old fever hospitals, which used to be a great asset in industrial areas where infectious diseases were rife, have in many cases closed down, because there has been a completely new approach to the treatment of infectious diseases. The method of treating these diseases and the method of preventing them, which is more important, has meant that these hospitals are no longer necessary for that type of treatment.

The change-over, the new methods of treatment, the new complaints, and the new ways of dealing with these problems have resulted in these buildings not being very adequate for the treatment of the type of cases for which accommodation is needed today; and I think it would be wrong to build hospitals that are likely to last as long as the old institutions were expected to last. I think hospitals must be built more quickly and must be more easily adaptable to the purposes of a quick change-over.

It being Ten o'Clock, the Motion for the Adjournment of the House lapsed, without Question put.

Motion made, and Question proposed, "That this House do now adjourn."—[ Mr. Popplewell. ]

There is then the question of geriatrics and the treatment of old people, a question which has been referred to by several hon. Members. I was very impressed by the comments of the hon. Member for Ealing, South (Mr. Angus Maude) because we in Liverpool had to face a very heavy epidemic of influenza not so long ago, when we found that the people most quickly affected and for whom we could do the least were the old people. We found that the gap between the National Health Service and the local authority welfare association was so great that there was no way by which we could keep contact with the aged people in the various areas.

We have reverted more or less to the method formerly used for dealing with old people, that is, by having someone in the district always on the spot so that they can contact the old people in the area. It is something like the old relieving officer system, but the people employed are not of the relieving officer type. They are welfare officers. They have already been appointed and the scheme is in operation.

I expect other local authorities have found a similar gap, but whether they have moved as quickly as Liverpool or whether their problem is as great, I do not know. We had to face that situation in Liverpool, and, as I say, we have appointed to every area in the city sufficient welfare officers to keep in touch with every aged person in every area. This arrangement arose out of the difficulty we experienced towards the end of last year and the beginning of this year. This is one of the things which can only be found out through the operation of the new scheme. We do not expect a tremendous new scheme such as has never been tried out in the world before to meet all the needs immediately. It is a question of using the scheme, of finding out what are the difficulties, and of having the will and the desire to make up the deficiencies in the service either through the local authority or through the scheme.

The third matter I wish to raise is, in my opinion, a very serious one. It is the question of the method of transport of maternity cases from home to hospital. This matter, of course, has been raised in Liverpool. Liverpool seems to have all the problems, but when we look into them we generally find that they are the problems of other places as well. I have been appalled to discover that throughout the country the method of transferring maternity patients from their homes to hospital has, in the main, been effected without a woman being in attendance at all. Either the driver of the ambulance or the male ambulance attendant has had to be the one to decide the condition of the woman, how quickly she has to be removed, or whether somebody has to be called.

We face this position in Liverpool, but, again, it is a dual responsibility. We have had to try to discover when the regional hospital board is actually responsible for the patient. Is it when the patient is transported over her own doorstep into the ambulance or when she enters the maternity ward? In 1935 we established in Liverpool what we considered to be a perfect scheme for transferring the maternity patients from home to hospital. We made certain that a certified midwife accompanied every woman in the ambulance from the time she left home until she reached the hospital. We had been able to bring down our birth rate in ambulances and our death rate before admission to hospital lower than those in other parts of the country.

The regional hospital board now tell us that this system is too expensive. While the local authority paid for it, we heard no complaint concerning the financial aspect. But the Ministry now tell us that they are not prepared to pay for such a service and that something else will have to be done. As a consequence, a scheme that has been perfected since 1935 has had to be completely abandoned in favour of the old method which I understand has been adopted throughout the country and which we are expected to adopt in Liverpool. We have not been prepared to accept it and we have tried to make arrangements to ensure that a midwife at least sees the patient before the patient goes into the ambulance. We have not been able to do that in all cases because of the shortage of midwives and of maternity facilities throughout Liverpool.

There should be a full investigation of hospital administration with special regard to this question of the point at which the patient becomes the responsibility of the local authority. The gaps to be filled are very important. We are very concerned about the position in Liverpool. All political parties and especially all women resent the fact that the service which was set up, which was not costing very much and which gave us complete protection, should have been stopped and that we should have had to revert to the method which the Ministry of Health advocates. I am sure the House would be surprised if I read the document which gives instructions to ambulance attendants and drivers who in the course of the journey to the hospital might have to change a wheel or do something to the engine. It is they who have to decide whether a woman needs the attention of a medical officer.

That is the method advocated nationally by the Ministry in regard to the transfer of maternity patients from homes to hospitals. In Liverpool we resent that. It may be that we can have a debate at some time to discover whether it is possible to ensure that when a woman leaves her home for hospital she has the service of a certified midwife from the time she leaves her doorstep until she enters the maternity unit where she expects to be confined.

10.7 p.m.

I think we would all agree that we have had a very full and wide-ranging debate this evening which may have come as something of a surprise to many, but really as a pleasant surprise. I am sure we should all like to thank my hon. Friend the Member for Test (Dr. King) for raising the subject. He ranged fairly widely himself, but I found that we could range wider still—I nearly came to a quotation there, but not quite—in the further subjects raised by hon. Members on both sides of the House.

I should like to deal first with some of the points which my hon. Friend the Member for Test put in his opening remarks before dealing with some of the other comments that have been made. I am sure hon. Members will forgive me if I do not cover the whole field, which was extremely wide and which I am sure we could discuss with great value for a very much longer time. I hope we shall have further opportunities in future debates of discussing some of the matters raised. I will certainly take note of the comments made tonight, and so will my right hon. Friend.

I think my hon. Friend congratulated everyone connected with the service. I am sure we should like to add our congratulations to the staff of the hospital concerned with his own case. We are very glad to see him back in good health in the House this evening.

One of the first matters my hon. Friend raised was the shortage of doctors in hospitals. We have had comments about that from other hon. Members this evening, but I think we should keep some sense of balance about this because, in fact, the striking thing since the introduction of the National Health Service has been the very great increase in the number of hospital appointments. I do not think anyone in the House would deny the very great improvement in staffing standards in hospitals, especially on the medical side.

I quite agree that some hospitals have probably been more favoured than others, but still it is true there have been very great advances in hospitals that had very few consultant services available to them at all. We should all be very glad of that fact. I have before me a figure of some 400 to 450 new specialist posts which were made available in the hospitals last year, and, as we all know, there was also a very great increase the year before.

I doubt whether it can be said that the salaries which are offered in the specialist field do not attract doctors into specialist appointments. I should have thought that the danger might very well be that the present salaries, and not only the salaries but the work offered in hospitals, may be attracting too wide a proportion of the doctors going through training in medical schools. That might quite well be argued. I would say that at the present time in our medical schools we are training roughly the numbers which we require for both consultant and specialist appointments, for the lower grades working up to those appointments and for general practice.

But, of course, it would be very misleading to say that without making clear that there are very real deficiencies in particular fields within that total. I am thinking for the moment, for example, of the very real deficiency in the psychiatric service where we urgently need many more specialists than we have at present, and where it is very difficult indeed to make appointments in all grades of specialists. As I say, I feel that the medical schools are doing their share of work in providing the general total that is needed. I believe, in point of fact, we are now getting some 2,200 students qualifying from our medical schools annually and that for mere replacements we would need some 1,200. So that there is a good addition there for the needs of the service as a whole.

My hon. Friend the Member for Test raised the question of registrars, and others have made their comments on it, among them the hon. Member for Luton (Dr. Hill). This has been discussed before in the House. I would only say, first of all, that there must be—and I think that this is agreed—some limitation upon the number of senior registrars in particular, because they are the men who will be available for consultant appointments at a later stage, and it would be wrong to encourage a larger number to enter the senior registrar field when there might be very limited prospects indeed of appointments at a later stage.

We must attempt to get some proper balance between the numbers coming through, both junior and senior registrars, so as to provide the necessary numbers for the consultant appointments. As I think the House knows, we are having discussions with the profession on this matter, and I think those connected with the profession who know the problem, are agreed that the discussions are going very well. We hope before long to be able to settle the matter and set at rest the minds of the registrars or potential registrars. We are anxious, of course, to get a reasonable solution to the difficulty.

My hon. Friend raised the general problem of the recruitment of nurses. I think the point here is that, because of the success of our recruitment drive during the last few years, it is no longer as true as it was that there is a general shortage of nurses. It is now much more a question of particular shortages. As hon. Members well know, there is a shortage in T.B. nursing—this is a very real problem—and there is a very serious shortage in mental nursing, for both male and female nurses, but more especially for female nurses. There is no doubt of the great urgency of the need for more nurses in those fields but, while I do not suggest that we have all the nurses we require for other work—for example, there is an urgent need in the case of chronic sickness—I do suggest that it is now more a particular than a general need, although, of course, we are still anxious to recruit more nurses.

I want to give the House some figures to show the improvement during the last few years in the number of full-time nurses. At 30th June, 1948, we had 107,000 full-time nurses.

Yes. At 31st March this year, the total was 126,500—an increase of some 19,500. There has been a comparable increase in the number of part-time nurses. These are very encouraging figures. The increase is equally noticeable in the field of T.B. nursing, about which we are especially anxious, although the increase is not as great as I should like; and mental nursing is still lagging behind.

We have not set a target. We are anxious to get as many nurses in the fields about which I was speaking as we can usefully employ. Of course, as regards T.B. and the other special needs which I have mentioned, there is no immediate limit to our need.

My hon. Friend the Member for Luton (Dr. Hill) mentioned that there were still about 40,000 beds which might be opened. Can the Minister give any information on how many extra nurses will be required before we reach the position in which the shortage is in bricks and mortar rather than in human beings?

I should not like to put a figure to it, because I am not sure whether we should at any time say that it was essential to open the whole of the 40,000 unstaffed beds. To say that it was essential would rather be to assume that we could not make better use of the beds we have already—and I am sure we can. It is not right to consider this problem of the needs of our hospitals merely in relation to empty hospital beds. Very many of them might be unsuitable.

The real problem is that we need beds for special parts of our service and many of the beds which are empty might very well not be satisfactory for our purposes. I think it is far better to concentrate, not on an indefinite expansion of the number of hospital beds—presumably there is no limit to the number of hospital beds we should like to see—but rather on a determination to make better use of the hospital beds already staffed. There is no doubt at all that that can be done as our recent experience in very many hospitals has shown.

There was a figure given some time ago by the Chancellor of the Exchequer. He gave a figure of several million pounds more needed. I think that that was what my hon. Friend referred to. It is a very interesting point.

I think that the right hon. and gallant Gentleman would agree that this is an illusory way of trying to decide how best we can improve the hospital service. As I say, without full knowledge of which beds are empty, and whether, in fact, practical use could be made of them—which is doubtful—it would be very wrong to say we must accept as our target the opening of those 40,000, or whatever precisely the figure today may be, unstaffed beds. I think it would be wrong of us to take that as our target. It would be obscuring what is our much more important aim of refusing to accept that the beds at present in use are necessarily being used to their best advantage.

I should like to explain what I am saying here by referring to the wide point which was raised by many hon. Members about geriatrics.

I am very sorry, but I am afraid I cannot give way. I must try to get on with some of the points which hon. Members have raised, and particularly my hon. Friend the Member for Test. But I would say on this general subject of geriatrics, which was raised by many hon. Members, that that is a perfect case in point, where it is being proved by the daily practice, not only of those whose names are common words throughout the world today, but also here in London and elsewhere throughout the country, that cases which were formerly regarded as chronic and as permanent bed patients are capable of being restored to an active participation in life again. They are not fully restored to health, I agree; but they are restored to some participation in life.

I accept the point raised by the hon. Gentleman the Member for Ealing, South (Mr. Angus Maude), and agree that this is a great joy to everyone in the hospital field—rather in contradistinction to some of the remarks made by my hon. Friend the Member for Wolverhampton, North-East (Mr. Baird). I think that that is an example of the way in which we can make much better use of hospital beds even without further extensions. We are anxious to bring as many more of those 40,000 beds into operation as is practicable and desirable; I agree about that; but do not let that cloak the fact that we can yet do much more with the beds we have already got.

Now I want to say something, too, about the subject of student nurses. My hon. Friend the Member for Test was anxious about that side of the problem. We have now got, I understand, some 8,000 more student nurses than in 1948, and we are also rapidly increasing the number of pre-nursing courses, to which he also referred. The figure I have is that during the last three years we have added some 53 new courses for nurses, and some 24 more courses in further educational establishments; we are recognising the importance of that practice, so that we do not lose some girls after they leave school.

We had many comments in the debate about the importance of voluntary work. My hon. Friend first raised the matter of ways in which people can make some contribution to the amenity funds of hospitals, and the like; and we are most anxious that everything possible should be done in that field. It is far from true that there is no field for voluntary work. Indeed, the presence of hon. Members here tonight who do a very great deal of voluntary work on regional hospital boards and on management committees and other bodies shows the value of it. There is also very much that can be done, and very much that is being done, through the use of free money for hospitals, and it is still perfectly possible and very welcome to have further additions to the funds that are available at both the hospital and regional board levels. I should imagine that there is not a hospital that cannot well do with an increase of its amenity fund. There are very many most valuable uses, for patients and for the staff, to which the money can be put.

Appeals by management committees as such are forbidden. We do not want the management committees to go back to the conditions of the old voluntary hospitals, when so much of the time was spent on organising appeals, and so on. There is a very great danger of that coming back again if we are not extremely careful.

Many hon. Members have referred to the problem of capital needs. We all know the way in which most hospitals are cramped in the developments they would very much like to initiate, but it is remarkable to see in the country today, moving round as much as I do, what very good use is being made by hospitals of the limited resources that I know they have for further expansion and development.

Although there have been, as we know, cuts in the estimates management committees and regional boards have submitted to us, it would be wrong to imagine that that prevents all further development. It does very seriously limit the work that they can do, and we all appreciate that. It means that they have to turn their attention more and more to the possible economies they can achieve within an efficient running machine, and we are quite sure that there are still openings for further economics to be made. But we are sure that, provided that effort is made, it is still possible, within these limited funds, which are a good deal more in cash than they were a year ago, to make much needed improvements and additions.

Lastly my hon. Friend raised the point of pay beds. I wish to make it clear to him that there are only some 6,800 pay beds in the country, which amount to about 1½ per cent. of the total number of beds—a very small percentage. I am glad to say that Section 4 beds—what we call today the amenity beds—are increasing in number, and today are very near to the same figure. I reinforce the point made by the hon. Member for Putney (Mr. Linstead) when he very rightly said that, even though these are pay beds, they are when necessary available for use by non-paying urgent medical cases, which have priority over paying patients. In fact, in odd checks that we have taken from time to time we have found that as many as nearly 40 per cent. of those pay beds are being so used at one time, which I think is a very good indication of the full use that is being made of hospital beds as a whole.

I conclude by saying that we fully recognise the very many problems and difficulties that remain in the Health Service, not least among them the problem of the effective co-ordination of the hospital services, with the preventive services on the one side under the local health authorities and the general practitioner service on the other. One of our anxieties is to try to ensure a more effective bringing together of those services. I do not believe, myself, that we shall necessarily get that more efficient coordination of services from setting up further official standing committees, although that recommendation is made. But I certainly think there is very much that can be done in a practical way at the officer level, and it is in fact being done in many parts of the country. I think that the practical bringing together of the people who are doing the job regularly is perhaps the most helpful and hopeful encouragement for the future of our hospital services.

Question put, and agreed to.

Adjourned accordingly at Twenty-nine Minutes past Ten o'Clock.