House of Commons
Tuesday, July 10, 1951
The House met at Half past Two o'Clock
Prayers
[Mr. SPEAKER in the Chair ]
Death of a Member
I regret to have to inform the House of the death of the Reverend George Saville Woods, Member for Droylsden, and I desire on behalf of the House to express our sense of the loss we have sustained and our sympathy with the relatives of the hon. Member.
Private Business
DARTMOUTH HARBOUR BILL [Lords]
As amended, considered; to be read the Third time.
Oral Answers to Questions
Local Government and Planning
Charities (Building Valuation)
asked the Minister of Local Government and Planning if he will introduce legislation to give the district valuer discretion in fixing the rateable value of buildings occupied by charities.
No, Sir. Local authorities can provide financial assistance to charities, and this is better than departing from uniformity in rating assessments.
Is the right hon. Gentleman aware that there has been a long tradition to allow local people to express their sympathy in this way, and that working men's charities, trade union charities, British Legion branches, and a host of others, have benefited? Will the right hon. Gentleman consider changing this position in any legislation that may be coming?
It is in many ways a good thing. The point is that in the Physical Training and Recreation Act, 1937, the Education Act, 1944, and the National Assistance Act, 1948, charities may be assisted by local councils. That is very much better than having a hugger-mugger assessment.
What is hugger-mugger?
Hydro-Electric Schemes (National Parks)
asked the Minister of Local Government and Planning what control he has over the proceedings of the Electricity Commissioners in the preparation of hydro-electric schemes, especially in the area of national parks; and whether he will order that publicity shall be given to the proposed schemes in the Lake District.
The British Electricity authority must seek specific parliamentary powers for any such scheme, and must first obtain permission from my right hon. Friend the Minister of Fuel and Power, with whom I am in close touch. No such scheme has yet been proposed for the Lake District.
Can the right hon. Gentleman make it clear whether his Ministry have the last word so far as amenities are concerned, especially in the national parks? Will he give an assurance that, whenever such a scheme is thought about, full publicity will be given to it, so that local feeling may be consulted?
As regards national parks, I naturally have a predisposition in favour of amenity rather than utility. I think the point is made clear in my answer. My right hon. Friend the Minister of Fuel and Power has to authorise the presentation of a Bill. He discusses it with me before he authorises it, and even if it is presented there are many opportunities for opposition still remaining.
Does not my right hon. Friend agree that, with modern methods of engineering and architecture, beauty can be retained? In view of our serious economic needs, will my right hon. Friend do nothing to impair the production of power?
It is all a question of balancing one project with another. Quite frankly, I am against a lot of projects for the Snowdonia area. The Lake District has not yet come into it.
Water Gathering Grounds (Report)
asked the Minister of Local Government and Planning whether he has considered the view of the Central Advisory Water Committee Gathering Grounds Sub-Committee that many gathering grounds could be put to greater agricultural production than at present; what is the policy of his Department in this matter; and what action he is taking to implement the committee's recommendations.
The Government have accepted all the recommendations of the Report. My predecessor sent copies of it to all water undertakings.
Is the Minister aware that, in the meantime, if he takes no action, large quantities of food are being wasted? This land is potentially able to produce a great deal more food than it now is producing. Will the right hon. Gentleman say when he will take action to implement the recommendations of the Committee?
The growing of food by farmers is a matter for my right hon. Friend the Minister of Agriculture. Water undertakings are, for the moment, in consultation with his representative to see what can be done. I am wholly in sympathy, but the responsibility is to my right hon. Friend.
Is the Minister aware that certain water boards are very reactionary in their views about sheep?
In that case my right hon. Friend may have the sheep moved.
Although the actual growing of food is not the responsibility of the right hon. Gentleman, his is the responsibility for removing the restrictions which are at present preventing the growing of food? Is he aware that over some 3,000 acres out of the 400,000 acres there is complete prohibition, even of keeping cattle? Will the Minister please see that there is some urgency in this matter of removing these restrictions?
If my right hon. Friend says that it is necessary in order to grow more food, I shall be very sympathetic and do what I can.
Will the right hon. Gentleman consult his right hon. Friend the Minister of Agriculture?
I do, daily.
Water Conservation Schemes, Wales
asked the Minister of Local Government and Planning if he has any statement to make on the report on water conservation schemes submitted to the Welsh Board of Health by his Department, which proposes that Llanthony Valley should be turned into a reservoir; and whether he will give an assurance that no steps will be taken affecting this valley without prior consultation with the Society for the Preservation of Rural Wales and the hon. Member for Monmouth.
asked the Minister of Local Government and Planning whether he will arrange for the Breconshire County Council, and the appropriate district councils within the county, to be represented at any preliminary discussions that are to take place with the Welsh Board of Health upon a recommendation contained in the South Wales Development Area Water Supply Survey for the construction of a new impounding reservoir in the Honddu Valley; and whether he will give an assurance that the National Park Commission will be consulted.
The Welsh Board of Health will discuss this recommendation shortly with the Breconshire County Council and the Hay Rural District Council. The National Parks' Commission also will be consulted. If a draft Order authorising a reservoir is submitted, there will be a public local inquiry at which any authority or person interested will be able to state his views.
Does the right hon. Gentleman appreciate that this is perhaps one of the most lovely valleys in the British Isles, and will he hesitate a long time before countenancing the submerging of this valley or any other part of my constituency?
The hon. Gentleman will be able to give evidence on behalf of the about-to-be-submerged tenth.
Sewage Disposal, Basildon
asked the Minister of Local Government and Planning whether a decision has yet been made with regard to the suggestion made by his Department to the Canvey Urban District Council that untreated sewage from the new town of Basildon should be delivered to the River Thames.
My Department has made no suggestions on this subject to the Canvey Urban District Council.
Is the right hon. Gentleman aware that an inspector from his Department has made such a suggestion and that it was conveyed in writing to the Canvey Urban District Council? I have a copy of it here and am willing to show it to the right hon. Gentleman afterwards. How can he reconcile the making of such a suggestion with the passing through this House, no doubt with his approval, of the Rivers (Prevention of Pollution) Bill? Can he give a categorical assurance that he will countenance no such proposal?
In reply to that rather long question, I am looking into all the alternative methods of furnishing proper water and sewerage services to the new town of Basildon. A discussion took place only yesterday in my Department, and I am giving the matter close personal attention. I hope before long to make a positive statement on the subject.
How is it that an inspector in the right hon. Gentleman's Department can make a proposal of this kind and that it can be conveyed to the local authority without the knowledge of the right hon. Gentleman?
If the hon. Member will give me the evidence on which he bases this assertion, I will look into it in due course.
Local Valuation Panels (Cost)
asked the Minister of Local Government and Planning how many cases of disputed assessments have been heard by local valuation courts under the Local Government Act, 1948, since 1st February, 1950; and what has been the total cost of these courts to date.
Up to the 31st March, 1951, 12,000 cases had been heard, and the total cost of the local valuation panels amounted to £193,000. Later figures are not available.
Does not that mean that the cost has been something in the neighbourhood of £16 a case? Is not that very high? Will the right hon. Gentleman consider saving a great deal of money by putting these panels back on to a part-time basis and using local government officers?
The answer to the first part of the supplementary question is a matter of arithmetic—I have not worked it out. The cost compares very favourably with that of the former assessment committees, who spent over £305,000 in the year 1948–49. Under this scheme we have fewer panels and a smaller membership, which makes for a saving. If any further saving can be made I shall be glad to make it
Gypsies
asked the Minister of Local Government and Planning if he can now make a further statement in respect to the inquiries made by his Department into the gypsy problem.
I am hoping to arrange for a survey of this whole problem to be made.
Is my right hon. Friend aware that the Romany people are deeply grateful for the excellent work done by his Department? Will he press on with it?
Local Authority Members (Expenses)
asked the Minister of Local Government and Planning the total amount in each of the financial years after 1st April, 1948, claimed under the Local Government Act, 1948, by members of local authorities in respect of travelling allowances, subsistence allowances and payment for loss of earnings, respectively, giving the figures for the county councils, county borough councils, non-county borough councils and district councils, separately.
This information is not available.
Is the right hon. Gentleman able to say whether there has been much abuse of the system? Have there been many prosecutions?
No, Sir, I do not think so. I could not get the information which the hon. and gallant Member desires without asking local authorities to fill in a lot more forms, and I did not want to do that.
Private Streets (Capital Expenditure)
19 and 20.
asked the Minister of Local Government and Planing (1) on what principles capital expenditure for making up private streets is allocated between different local authorities; how much was allocated this year for the rural districts of Lancashire; and how long at the present rate of allocation it will take to make up all existing private streets in these rural districts;
(2) whether the allocation of capital expenditure for making up private streets gives any special priority to private streets when there are no other means of access to council housing estates.
I divide this capital expenditure between local authorities who apply to me, according to my estimate of their relative needs. The Lancashire County Council may spend £22,000 on this work this year; and will distribute this sum between the rural districts. Without asking all the rural district councils for a return I could not answer the last part of Question No. 19.
Does my right hon. Friend think that the estimate of one rural district—the Whiston Rural District—that it would take 100 years was not typical; and might I ask him, in regard to Question 20, whether he does not think that where a local authority is using a private street as the only means of access to a municipal housing estate, they should have some share of the responsibility for making it up for this extra traffic?
The Lancashire County Council are a very efficient local authority and I have no doubt that they will look into all these matters. So far as this problem is concerned, it is the result of private jerrybuilding before the war. It does not arise with regard to local authority estates now because we make up the roads as we go.
Is it not a terrifying thought to think that the replies given to this and other Questions reveal so much dictatorial power in the hands of one man in this country?
Detention Centre, Goudhurst
asked the Minister of Local Government and Planning whether he has taken note of the objections sent to him by the Kent County Council's County Planning Committee to the proposal to convert Mr. Fegan's Homes, Goudhurst, into a detention centre; and what action he now proposes to take in the light of these objections.
Yes, Sir. My right hon. Friend the Home Secretary and I are arranging for these objections to be discussed with the Kent County Council.
Will the right hon. Gentleman bear in mind that the Kent County Council has offered to find an alternative, if that would be helpful and, in view of the overwhelming objections to this scheme, surely some attention should be paid to their offer to the right hon. Gentleman?
We will certainly consider sympathetically any alternative proposals.
Grenade Range, Finchampstead
asked the Minister of Local Government and Planning which bodies have lodged objections to the proposed grenade range at Lea Copse, Finchampstead; and on what grounds.
The Berkshire branch of the National Farmers' Union and the British Electricity Authority. The latter said they would have to divert an overhead cable. I am circulating the Farmers' Union letter in the OFFICIAL REPORT.
Can the Minister say whether the British Electricity Authority informed him that the cost of moving the overhead cable would be about £8,000?
I do not think it would be very much. The point about this case, which the hon. Gentleman has discussed with me several times, is that the War Office some time ago felt that this was the best site. Having heard all the evidence, I gave my agreement, and if the War Office were a bit quicker in taking it up, no doubt the hon. Gentleman would be quite pleased.
"We understand from the Hon. Peter Remnant, M.P., that you are kindly prepared to consider any substantial representations on grounds of public interest from the National Farmers' Union which would justify your reaching the decision to hold a Public Enquiry into the proposal to acquire the above land for a Grenade and P.I.A.T. Range. Accordingly, we desire to call your attention to the following important factors:
We hope that the foregoing factors are sufficient to convince you that this controversial matter is not one which affects only the personal interests of two comparatively small owner-occupiers, but that it is one of such wide public interest as to warrant your holding a local Enquiry before an irrevocable step is taken."
Blitzed Cities (Steel Allocation)
asked the Minister of Local Government and Planning if he can give an assurance that there will be no cut in the steel allocation to war-damaged cities.
I cannot yet say what the position will be.
Does the Minister appreciate what a raw deal the bomb-damaged cities have had, and will he increase the allocation, rather than cut it, because we can never re-build our bomb-damaged cities with the allocation we now have?
The bomb-damaged cities scheme applies only to shops and offices in the centre. It does not touch housing at all. Portsmouth have not built their allocation. I have given them a bigger allocation of houses than they have built. Perhaps the hon. and gallant Gentleman will take that back.
There is no truth in that whatever.
Smoke Abatement
asked the Minister of Local Government and Planning whether his attention has been called to the increasing tendency in some parts of the country to ignore existing regulations about smoke abatement; and whether he will issue a circular to local authorities urging them to pay greater attention to this problem in the interests of health, amenity and fuel saving.
I have no evidence of any such increasing tendency. But if the hon. Member will give me any examples, I shall be glad to look into them.
Surely the right hon. Gentleman must be aware that there is a great deterioration since 1939 due to lack of direction from the Government.
No, Sir. I think there is less smoke than there was.
Housing
New Towns (Housing Allocations)
asked the Minister of Local Government and Planning if he will now make a statement regarding the allocation of houses in new towns, especially in regard to the new town of Hemel Hempstead.
Houses in new towns are allocated to people who will work there either as building trade workers or in factories.
Is the right hon. Gentleman aware of the natural anxiety of adjacent local authorities regarding the allocation? Is the Minister prepared to set up a committee of representatives of the various local authorities concerned? In regard to Hemel Hempstead, is he prepared to receive a deputation from Wembley and other local authorities?
I do not want to set up extra committees. My experience is that they only clog action. The Hemel Hempstead Corporation has so far allocated houses to workers from Willesden, Acton, Hendon, Wembley and Harrow. We must prevent the new towns becoming dormitories. People must work near where they live.
Local Authority Allocations
asked the Minister of Local Government and Planning in which areas there is to be a decrease in house building this year on account of the needs of the defence programme; and in which areas this is to be compensated for by an increase in order to maintain the national figure of 200,000 houses.
I have not so far found it necessary to reduce the housing programme in any area because of the defence programme.
Did not the Chancellor of the Exchequer forecast that this might occur, and ought not people to be warned whether they will get fewer houses or more? Is not this a very "hugger-mugger" proposal?
As I have stated in the House I have already increased the housing allocations of more than 300 local authorities who seem to me to be making good progress with building. So far I have not had formally to reduce the allocation of any local authority, but as events move forward we shall take account of that.
Would not the right hon. Gentleman contemplate increasing the allocation of houses if he instructed local authorities to build smaller houses or granted them a bigger allocation on condition that they erected smaller houses, instead of leaving it merely to them?
That is another question.
Is it not true that many local authorities are not making full use of the allocation already made to them? How will my right hon. Friend deal with this?
By switching a lot of their allocation to those who do better.
Will the right hon. Gentleman publish in the OFFICIAL REPORT or put in the Library a statement showing the authorities to whom he has authorised increases, and the numbers?
I was asked that question before, and I rather hesitated to do so because I did not want unduly to stir up jealousy.
asked the Minister of Local Government and Planning how far his policy of allowing an increase in the number of houses permitted to be built in areas where he has been satisfied that this can be done has been modified as the result of the new capital investment programme.
Not at all. Our aim is to build 200,000 houses a year, and, if fewer can be built in some areas, to build more in another.
But how does the right hon. Gentleman reconcile his repeated statement that any application by any local authority for an extra allocation of licences will be considered on its merits, with the limitation of his right hon. Friend of the number of houses to be built to a rigid figure of 200,000?
Some are building less, some are building more. When I get an application from a local authority, I always consider it on its merits. As I have said repeatedly, I have increased the total allocations for more than 300 local authorities and I have increased the proportion above the one in five for quite a number—without notice I could not say how many—of local authorities that have approached me.
Does that mean that in no circumstances, whatever the merits of the applications he receives, will the right hon. Gentleman authorise more than 200,000 houses?
No, Sir. It is not a question for me to authorise but for the builders to build. If they can build more than 200,000 I shall be delighted.
Slum Dwellings (Demolition)
asked the Minister of Local Government and Planning how the number of slum dwellings demolished during the five years ended 31st March, 1951, compares with the number demolished during the five years ended 31st March, 1939.
Thirty-one thousand, seven hundred and eighteen since the end of the war, and 219,669 in the five years ended 31st March. 1939.
Bearing in mind the promises made from 1945 onwards by hon. and right hon. Gentlemen opposite as to the clearance of the slums in double quick time, does not the right hon. Gentleman consider the post-war figures extremely disappointing?
No, Sir. It is a different situation. In the '30's we had a mass of poverty and unemployment in this country. Now we have full employment with a good standard of life, and the people can afford rents which they could not under Tory misrule.
In repairing war damaged properties and building as many new houses as we could, have we not taken very much the better course.
My hon. Friend is right Slum clearance is now an appendage to a positive housing programme. In the years before the war it was a permanent part of policy and large numbers of houses were standing empty.
May I take it from the right hon. Gentleman's reply that the slum problem is not now as serious as it was before the war?
I cannot speak for Scotland, but in England that is so.
Building Licences, Stroud
asked the Minister of Local Government and Planning whether, in view of the fact that the number of applicants for private building licences in the Stroud rural district is 125 and that only 11 licences were granted for 1951, he will increase the council's allocation.
If the council ask for an increase I shall be glad to consider it.
Assessments, Liverpool
16 and 17.
asked the Minister of Local Government and Planning (1) why he has provided that post-1918 houses in Birmingham shall be assessed at 10 per cent. less than similar houses in Liverpool;
(2) why there is a variation of 36 per cent. in the tables he has issued for estimating hypothetical 1938 costs of construction under the Local Government Act, 1948.
The reason is because local building costs vary.
Is the right hon. Gentleman not aware that in 1938 building costs in Liverpool were lower than they were in Birmingham, and would he be good enough to explain on what evidence his predecessor based these tables?
I do not speak for what may have been the case before the war, but at the present time they are higher in Liverpool than in Birmingham.
Is the right hon. Gentleman not aware that these tables relate to 1938 building costs?
No, Sir, my statement relates to present building costs.
Empty Houses, Cardiff
asked the Minister of Local Government and Planning whether he is aware of houses in Cardiff remaining empty for more than six months after the expiry of the lease because the ground landlord is seeking an excessive price for the property; and what action he proposes to take.
If my hon. Friend will give me particulars, I shall be glad to look into them.
Will the Minister bear in mind that while I shall gladly supply him with the evidence, there is nothing more infuriating to those thousands on the waiting list for a council house than seeing this sort of thing happen?
No doubt that is so. Of course it must be remembered that any local authority can compulsorily buy, if need be, such houses left empty, and I have stated more than once that I shall give full support to any local authority wishing to use compulsory powers for this purpose.
Will the right hon. Gentleman consult with the Minister of Works concerning a house which was left empty by a Government Department for over two years, and should he not set an example before taking on the rôle of Satan rebuking sin?
Perhaps the hon. Member, in the sense of sin being rebuked, will give me the evidence.
Is the Minister aware that the thing which infuriates people, especially in places like Cardiff, is the fact that the Government have signally failed to produce the houses they promised?
Small Houses
asked the Minister of Local Government and Planning if, in view of the recent increase in the cost of new houses, he will take steps to meet the request of those councils which have put forward plans to reduce to some extent the size of the three-bedroom type of house, so as to economise in the amount of material and labour required.
asked the Minister of Local Government and Planning, in view of the hardship among many young people who cannot marry because of lack of accommodation, whether he will recommend that local authorities should include in their housing programme a proportion of houses so constructed or adapted as to be temporarily suitable for two or more young married couples who may not require more than two rooms and a kitchenette for each couple during the first years of their married lives.
I would refer both the hon. Member and my hon. Friend to my circular to housing authorities on 28th April last, of which I am sending them copies.
Will the right hon. Gentleman give further consideration to this, because it is proving most unfair to some local authorities—one of which he has heard about—where, for instance, the whole of this year's allocation is being confined to two-bedroom flats, which results in a large saving of labour and materials, and yet the total cannot be increased?
I think the hon. Member will find, if he reads my circular, that it is very sympathetic to the point of view of local authorities who wish to make variations from any rigid code. I have definitely advised authorities to continue the programme set up under my predecessor of having a larger proportion of one and two bedroom houses.
Will my right hon. Friend make it quite clear to those who apply that there must be no reduction of living standards in these houses?
That, of course, is laid down extremely clearly in the circular. Provided that living conditions are retained at the proper standards—subject to that overriding provision—I am most anxious to encourage the inventive skill of architects and local authorities to design houses.
Is the Minister aware that it is the considered opinion of housing authorities throughout the country that a bigger allocation of smaller houses would be much more effective than his advisory circular?
I have no evidence of that at all.
Improvement Grants
asked the Minister of Local Government and Planning if he is aware that the present regulation by which expenditure incurred by local authorities for improvement grants must be deducted from the amount of their authorised grant for building licences are preventing useful progress in the installation of efficient heating and cooking appliances, as well as adequate sanitation; and if he will reconsider this regulation.
So long as the cost of installation does not exceed £100, no licence is required.
Is the right hon. Gentleman aware that this amount is very small indeed and that it is preventing many essential improvements, resulting in the further deterioration of many houses?
I do not think that is really so. The cost of the equipment itself does not require to be licensed. The cost of installation must not exceed £100 without licence, but I am advised that in practically every case, whatever the cost of the equipment, the actual cost of the installation should not exceed £100.
Resale Prices
asked the Minister of Local Government and Planning if he will amend Section 43 of the Housing Act, 1949, so as to permit the maximum selling price of a house built under private licence to be increased in proportion to increases in the cost of building.
21 and 22.
asked the Minister of Local Government and Planning (1) if he will consider lifting the resale price control now on houses which were built three or more years ago:
(2) if he will consider removing the resale price control on new houses three years after first purchase from the builder.
No, Sir.
Is the right hon. Gentleman aware that an owner of a house who had it built under private licence, say, two years ago, and now has to move from the district owing to a change of employment, will have to sell the house for a lower price than he will have to pay for a similar one? Does not the Minister think that this causes great hardship? Does it not also cause great hardship to builders whose building work is delayed by shortage of materials or bad weather?
The nearer we can get to a price freeze the happier I shall be on all these matters.
Does the right hon. Gentleman realise that the current price being permitted for houses built under licence is at least £1,000 more than it was at the time when this restriction was imposed, and that this fact calls for a review of the 1946 arrangements?
Not from the point of view of the purchaser of the house.
Stoke-on-Trent
asked the Minister of Local Government and Planning whether he is aware that housing development is being retarded in Stoke-on-Trent because of the shortage of mild steel bars; and what action he will take to assist in this matter.
Yes, Sir. I would refer my hon. Friend to the statement by my right hon. Friend the Chancellor of the Exchequer on this subject on 28th June.
Does my right hon. Friend mean that the Chancellor of the Exchequer referred to Stoke-on-Trent? I did not hear any reply of that kind. Moreover, does my right hon. Friend not recognise that in this area, where there is mining subsidence, we cannot build houses until a modest amount of steel is forthcoming to put underneath them, and that work is at present being held up?
That is a difficulty not peculiar to Stoke-on-Trent; it is found also in London. My right hon. Friend the Chancellor of the Exchequer, in the statement to which I have referred, explained that there was a certain preferential treatment—"P.T. certificates," for short—in regard to demands for steel and that by that means we might be able to help some hard cases.
Is my right hon. Friend aware that large-scale capital expenditure is taking place in this area in order to increase the production of coal and that it is proposed to transfer hundreds of miners into the area? In view of this, will my right hon. Friend give an undertaking that the area shall receive complete priority in order that the miners shall be housed when they are transferred there?
This is a Question about steel. I am entirely in favour of houses being built for miners in the areas to which they go in order to increase the total coal production, but this is a Question about steel.
Is my right hon. Friend aware that houses in this area cannot be built without a steel raft because of the difficulties of mining subsidence, and, therefore, will he look into this matter in order that the houses for the miners shall be given complete priority in all the materials which are required?
Of course, I want housing for miners to be given very high priority indeed.
Does the Minister not take into account in such cases the contribution being made by the mining industry in the export trade, and will he give them some priority? Surely he can look into this matter.
Ministry of Works
Tower of London (Sunday Opening)
asked the Minister of Works the result of his consultations with the appropriate authorities relative to the opening of the Tower of London to visitors on Sundays.
I regret that at present I am unable to add to the reply given to a similar Question on 3rd July. Details are still under discussion.
Is my right hon. Friend not aware of the widespread disappointment of the many visitors who have gone to the Tower on a Sunday only to find it closed, particularly during Festival year? Cannot it be opened? Will he press that it shall be opened before very long?
I have considerable sympathy with the point now being put. There are a number of difficulties connected with those who will have to undertake the extra duties that must be overcome, but I will do my best.
Is it correct that a meeting has been held of all the warders of the Tower of London, who have unanimously expressed themselves as being opposed to the proposal for Sunday opening on the ground of the Sunday labour involved?
Get a new lot then.
I do not know about that, but, of course, the warders in the Tower could not take over responsibility for deciding policy.
Is the Minister aware that people who have been disappointed in this way have gone away calling the Tower after the name of one of its rather more famous constituent towers?
Will my right hon. Friend bear in mind that for the mass of the people of London who at present never go to the Tower, Sunday is the only day on which they could do so?
Yes. I think that on the whole everybody who has been into this matter and has seen the demand which exists will agree that it would be a good thing if the Tower could be opened accordingly. I was interested to see, when I was in Edinburgh, that Edinburgh Castle is open on Sundays and is very popular. I think that the example might well be followed in London.
Patent Office
asked the Minister of Works why the front wall of the Patent Office remains unrepaired so that 28 rooms remain unserviceable; and what has been the total cost to date of accommodating the staff displaced from these rooms.
The damage has not been repaired because it would be necessary to pull down and rebulid most of the north front of the Patent Office. This would not be worth while because it is intended to erect a new building for it as soon as resources can be found. The cost of accommodating the displaced staff has been approximately £9,000 up to date.
Building Licences
asked the Minister of Works whether his Department, before issuing building licences, consult the local authority in whose area the work is proposed.
Local authorities are normally consulted before licences are granted for building work in connection with the provision of local amenities.
There are many building projects which affect the development of a city or a town which are not necessarily local amenities—for example, industrial development of all kinds—but in which questions of health and planning and other matters arise. Ought not the Ministry to have the courtesy and level-headedness to consult with the local authority before giving a decision?
I think my hon. Friend will find that in practice we keep in touch with all those who might be affected by decisions of this kind, but that is quite a different thing from being bound to transfer our responsibility for the people.
asked the Minister of Works whether, to meet rising costs, he will increase the limits of outlay under which building licences are not necessary.
No. Sir.
Is not this a most reasonable request and, in view of the very substantial rise in costs, does it not meet the viewpoint of all concerned? Would it not help the housing problem? Is it just stubbornness, or what is the motive for saying "No"?
The motives for saying "No" were given in some detail in the House on 3rd July, as well as on 26th June, but apparently the hon. and gallant Member missed them. There are arguments on both sides. There is the argument in favour of raising the limits, but, obviously, there are also arguments on the other side at a time when the building programme is heavily strained and our labour force and resources are under very heavy pressure. I have come to the conclusion that in present circumstances the best course is to keep the limits where they are.
Footpaths, Osterley Park
asked the Minister of Works how many public footpaths in Osterley Park have been closed to the public since the park became public pro perty; and how long these footpaths will remain closed.
No public footpaths have been closed by the Ministry of Works in that part of Osterley Park leased to it by the National Trust. It has, however, recently been agreed that a footpath crossing the area, which was closed some years ago, should be reopened. Instructions have been given that any obstructions to this footpath should be removed.
Is the whole of Osterley Park under the care of the Ministry of Works? Could the Minister explain how the Minister of Education comes into the picture?
The second part of that supplementary question should be addressed to the Minister of Education. The answer to the first part is, not the whole of it, but about 140 acres.
Ministry of Materials (Offices)
asked the Minister of Works how much floor space the Ministry of Materials will occupy; and where its offices will be.
Final details of the staff to be transferred to the Ministry of Materials are not yet known, but it is estimated that in London about 50,000 or 60,000 sq. ft. of accommodation formerly allocated to the Board of Trade will be transferred to the new Ministry. By the end of July the Ministry of Materials are expected to occupy about 40,000 sq. ft. of this accommodation in the new Whitehall Gardens building, Thames House North and Lacon House.
Are not the losses already incurred by nationalised industries sufficient proof that the control of industry is having disastrous effects? Why continue the folly of pouring more good money of the taxpayers' down the Socialist drain?
That point is quite clearly facetious.
Colonial Office Building
asked the Minister of Works whether, having regard to the decision to curtail the programme of Government office building and the consequent suspension of further work on the proposed new Colonial Office building, he will give an assurance that, before a decision is taken to resume work on this project, the House will be informed and given an opportunity to reconsider the suitability of the plans.
As my predecessor told the right hon. Gentleman on the 13th March last, the proposals for the new Colonial Office building have been very fully considered and discussed in this House and in another place. The architect is preparing working drawings, but the decision to proceed with the superstructure of the new building will depend on the conditions prevailing when the drawings are ready. I do not think I should be justified at this late stage in inviting suggestions for further alterations to plans on which so much time and money have been spent.
Can the right hon. Gentleman give the House the assurance which is asked for in the Question, that before work is resumed on this building the House will be informed and given an opportunity to discuss the matter, should they so desire? Can he tell us whether this building comes under the curtailment of office building announced by the Chancellor recently?
The answer to the first part of the supplementary question is, "No, Sir." The answer to the second part is that it is obviously affected by the ban, but in any case we are not ready to rebuild.
Palace of Westminster
Electricity Supplies
asked the Minister of Works what steps he is taking to prevent power cuts or load-shedding inter- rupting Parliamentary proceedings during the forthcoming winter.
The matter is under consideration.
In view of the prospects of power cuts of increased severity during the forthcoming winter, should not precautionary steps be taken now? Are we expected to conduct Parliamentary proceedings in the dark during power cuts?
If the hon. Member is still frightened at the prospect of being with more young ladies down below in the dark, I think we can take care of that. The real difficulty is, of course, that to solve the problem with alternative sources of supply is a very expensive business. I am at present looking into two or three possible alternative ways of dealing with the matter and, subject to cost, we will do what we can.
Does the right hon. Gentleman realise that to secure delivery of equipment of the sort we are discussing takes approximately 12 to 18 months, even with Government priority? Therefore, he ought to make up his mind pretty quickly about this matter.
That is not the only possible way of dealing with it. There is an alternative that would not require that amount of time.
Would the Minister bear in mind that it is much more important to prevent power cuts in the industrial Midlands than in Westminster?
Lighting Attendant
asked the Minister of Works if he is aware that Mr. C. Willsher, a uniformed lighting attendant, who has served this House for 52 years, is an unestablished civil servant, 72 years of age, and retires on 11th August; and if he will take steps, on compassionate grounds, to secure him a pension and gratuity.
I am aware of Mr. Willsher's position. On his retirement he will be entitled to the normal gratuity payable to unestablished civil servants under the Superannuation Acts. I am afraid, however, that there is no provision in these Acts enabling a pension to be granted to an unestablished civil servant on compassionate grounds.
Is the Minister aware that the case of Mr. C. Willsher is typical of many others, and will he take steps to see that men who have so faithfully served the House for so many years are adequately provided for in their declining years?
Yes, but the hon. Member must be fair. This is the only case of its kind among the engineering staff. Mr. Willsher worked here from 1899. Therefore, 48 years of his service went by before the Labour Government came to power and could deal with this with an Act.
How can a man be serving in the House for 52 years and yet not be on the establishment?
As I have pointed out, since we came to power he could not be in that position; it was only under Tory Governments that he could be.
On a point of order, in view of the fact that you ruled yesterday, Mr. Speaker, that facetious questions were out of order, will you also rule that facetious replies are out of order?
I doubt if the political squibs of the right hon. Gentleman are of much use to Mr. Willsher, but should not this House set a superlatively good example?
I am sorry if hon. Members think I have been facetious, but there is the fact. We have taken care of those we could by means of a pension. In the case of Mr. Willsher, unfortunately, he was of such an age that before we could pass the Act he was too old for a pension, but he will in fact receive a gratuity. [HON. MEMBERS: "How much?"] About £350. We have done our best to take care of him, but we could not give him a pension because of his age.
Employment
Railway Manpower (Efficiency)
asked the Minister of Labour whether he is now in a position to make a statement upon the subject of lodging turns and other methods of increasing efficiency, discussions upon which were inaugurated by the Government on the occasion of the recent settlement of railway wage rates.
I am informed that these discussions are being conducted in a spirit of co-operation, and the Railway Executive and the trade unions, on 6th June, published a joint statement giving the results at that date. Discussions are continuing.
Is the hon. Gentleman aware that it was a condition of this settlement that these important matters should be examined and a solution reached upon them? Can he say when we are going to hear what the decision is about lodging turns and overtime working, which are essential factors in the efficiency of the railway system?
If the hon. Gentleman will look at the statement, he will see that it had been agreed that the practice of employing knockers-up for footplate staff and guards for rosta turns of duty should be discontinued not later than 30th July, 1951, and an understanding has been reached on the subject of lodging turns which should result in better use of manpower and greater efficiency. I hope that the hon. Member will wait for the final statement.
But is the hon. Gentleman aware that the statement issued carefully avoided the two main points at issue, namely, any detailed reference to a decision on lodging turns and had nothing at all to say about overtime working?
The statement issued is not a final statement. I have told the hon. Member that discussions are continuing.
Does the hon. Gentleman realise that the general dissatisfaction with railway conditions in the Midlands has caused such a drift of labour away from the railways that the freight service will be brought almost to a standstill unless he does something soon?
Whenever one has a basis of full employment there is a difficulty in finding manpower.
Is my hon. Friend aware that that dissatisfaction will not be removed by imposing any decision from the Government, but only by agreement between the unions and the Executive?
Road Haulage Industry (Inspectors)
asked the Minister of Labour whether he will make a statement as to the results of the consultations on the subject of inspectors inaugurated by the Government on the occasion of calling off the strike in the nationalised road haulage industry.
No, Sir. The consultations were jointly agreed as a result of a request by the trade union.
What has happened about these arrangements? Is this matter to be settled on the basis of discussions? If conditions of this kind are made part of a settlement, is it not reasonable that the hon. Gentleman should at some stage see what has happened as a result of those discussions? Are the inspectors still operating?
The chairman of the Road Haulage Executive and the general secretary of the union have met and had informal talks, following which there will be discussions between the two sides. I do wish that the hon. Member would not try to get the Government to hamper industry by trying to take the power of negotiation from the trade unions and the employers.
Is the hon. Gentleman aware that the Government themselves intervened and themselves laid down these conditions? Do they shelve all responsibility from that moment onwards?
The Government in fact are not intervening; discussions are taking place between the two sides of industry and only at a stage where we are asked by industry to intervene could we do so. I think it is better that both sides should settle this question amicably.
Will my hon. Friend resist the pressure to impose a settlement through this House or the Government and let the trade union or the people concerned settle the matter?
That is our object.
Royal Commission on Marriage and Divorce
asked the Prime Minister whether he can now make a statement on the composition and terms of reference of the Royal Commission on Marriage and Divorce.
Yes, Sir. The King has been pleased to approve the setting up of a Royal Commission to inquire into the law relating to marriage and divorce with the following terms of reference:
"To inquire into the law of England and the law of Scotland concerning divorce and other matrimonial causes and into the powers of courts of inferior jurisdiction in matters affecting relations between husband and wife, and to consider whether any changes should be made in the law or its administration, including the law relating to the property rights of husband and wife, both during marriage and after its termination (except by death), having in mind the need to promote and maintain healthy and happy married life and to safeguard the interests and well-being of children; and to consider whether any alteration should be made in the law prohibiting marriage with certain relations by kindred or affinity."
I am glad to be able to announce that Lord Morton of Henryton, M.C., will act as Chairman. I am not yet in a position to announce the names of the other members of the Commission.
While thanking my right hon. Friend for that reply, may I ask if we are to take it that the terms of reference allow discretion to the Commission to consider other matters which may not strictly be matters of law?
I think that if my hon. Friend will study the terms of reference I have given she will see that they are pretty wide and could cover the points in which she is interested.
May I ask my right hon. Friend approximately how long this Commission is likely to sit, and whether a report can be expected?
My hon. Friend has been a long time in this House and must have experience of Royal Commissions and how long they sit. No one can prophesy.
Is the right hon. Gentleman aware that the appointment of Lord Morton will give immense satisfaction on both side of the Border, and can we be assured that the Scottish representation will be a very strong one.
That point is being carefully looked after.
Can the right hon. Gentleman say whether the sittings of the Commission will be held in public?
Royal Commissions make their own arrangements in that respect.
National Finance
Pound Sterling (Value)
asked the Chancellor of the Exchequer what was the internal purchasing power of the pound sterling on 1st June, 1951, as compared with 20s. on 1st August, 1945.
Information in respect of the dates in the Question is not available, but it was about 14s. 10d. in May, 1951, as compared with 20s. over 1945 as a whole.
Can the Chancellor give any indication whether sterling will fall further in value and the purchasing power of the £ go down if we lose the entire revenue that comes to us from the Persian oil?
If the hon. Gentleman is referring to the exchange value of sterling, I do not think that that arises out of this Question. Perhaps he would put a question on the Order Paper about the oil.
If the sterling bloc value falls in international markets, will not that affect the purchasing power of the £ internally, because of our purchases of raw materials and foodstuffs abroad?
Indirectly, if there was to be a change in the exchange value of the £, there would be internal consequences, but that, of course, does not relate directly to the question of internal purchasing power.
Equal Pay (Public Services)
asked the Chancellor of the Exchequer for an estimate of the cost of the scheme, examined in detail by the Government, by which some gradual change could be made bringing equal pay into operation in the public services over a period.
A number of different schemes were considered. The initial cost and the rate at which expenditure would rise to the ultimate level of £25 million a year varied according to the nature of the scheme and the period taken to complete the process.
Mr. Speaker, I do not know if this is a point of order, but I think that my right hon. Friend has answered my Question of last week instead of the one that is on the Order Paper today. My Question last week referred to the £25 million. I should like to ask my right hon. Friend a supplementary question about the Question on the Order Paper today. In his statement to the House on equal pay, my right hon. Friend said that the Government had examined with great care a certain scheme which was put forward. If it was examined with great care, presumably my right hon. Friend knows the cost, and I should like him to give it to us.
My hon. Friend could not have heard the answer I gave to her Question today. It was not the same as the answer I gave last week. I said that a number of different schemes were considered; there was not only one scheme, but a number of them; and the initial cost and the rate at which the expenditure rose varied with the character of the scheme.
asked the Chancellor of the Exchequer to give an estimate of the cost, over each year of the next five years, of adopting the suggestion put forward by the Staff Side of the National Whitley Council, asking the Government to introduce a scheme under which, in the course of a limited period of time, the differences in pay between men and women civil servants, would be progressively reduced and finally eliminated.
The additional annual cost on the present wages bill would be approximately £1 million in the first year, £1.7 million in the second, £2.5 million in the third, £3 million in the fourth and £3.7 million in the fifth. These figures do not, of course, include the cost of similar schemes in the other public services.
Might I ask my right hon. Friend if those amounts which he has mentioned made it impossible for the Government to grant this gesture because he regarded it as derisory or because he thought that it would produce inflation?
I thought I made it plain in my original statement on this question that we feel unable to adopt the proposal put forward for gradual introduction because of the repercussions on the rest of the public service and industry generally.
Treasury Stock (Government Purchases)
asked the Chancellor of the Exchequer the purchase prices of the securities detailed in H.C. 205 of 1951 held by the National Debt Commissioners and their present market value.
In accordance with long standing practice I am not prepared to add to, or to anticipate, the information published in Statutory Accounts.
Is not the real answer to this Question that the Treasury are frightened and dare not reveal the losses caused by the folly of the policy of the present Minister of Local Government and Planning when he was Chancellor of the Exchequer and the policy since followed, and that there was further evidence of this folly this morning by the issue of 3½ per cent. Gas Stock at £98 per cent.?
I would not agree that losses had necessarily been incurred.
Does not the Chancellor agree that most of the securities in question were taken up at the issue price, so that a very simple arithmetical calculation would give the answer showing the great losses inflicted on this country by the former Chancellor of the Exchequer?
Armed Forces (Tax Allowances)
asked the Chancellor of the Exchequer whether the promised consultations with the Service Ministries on the subject of the revision of the existing tax-free allowances for officers of His Majesty's Forces in respect of the maintenance of their uniforms have yet taken place; and if he will make a statement.
Consultations on this question are now in progress, but I have no statement to make at present.
Can the right hon. Gentleman indicate how long these consultations are likely to take, and will he give an assurance that they will not be unduly protracted by any stinginess or narrow mindedness on the part of the Exchequer?
I have to safeguard the public Exchequer, but I hope that the consultations will be completed within a few weeks.
asked the Chancellor of the Exchequer which of the allowances granted to His Majesty's Forces overseas are subject to British Income Tax.
On the principal allowances payable to members of the Forces overseas, the marriage allowance, lodging allowance, overseas family allowance, and National Service grants, are taxable. The disturbance allowance, clothing allowance, ration allowance, travelling allowance and motor mileage allowance are not subject to tax.
Cost of Living
asked the Chancellor of the Exchequer what steps are being taken, or are in prospect, to arrest the rise in the cost of living, bearing in mind the difficulties of those who are not in receipt of cost-of-living bonus, and especially of those existing on small fixed incomes.
I would refer the hon. Member to my remarks in the course of the debate on the Second Reading of the Ministry of Materials Bill, to my Budget speech, and to various answers to Questions bearing on this subject, in particular that given by my hon. Friend the Economic Secretary on 5th July to the hon. Member for Bilston (Mr. Nally).
Would not the right hon. Gentleman agree that this is one of the great domestic issues of the day, which affects every man and woman in the country, and which hits the poorest hardest, and could he not indicate some positive policy on the part of the Government for coping with this great problem?
I agree that this is an immensely important problem, but we have, on a number of occasions, as the hon. Member will see if he looks up the reference I have given him, indicated our policy in various directions.
Would the Chancellor agree that the only way to stop the rising cost of living is to get greater production, and will he not also agree that we cannot get greater production until we make the workers of the country realise that it is necessary?
Higher productivity is one of the means of keeping down prices, but not the only one.
Would not the Chancellor agree that the cost of living has got completely out of hand under the present Government?
Anglo-American Productivity Reports
asked the Chancellor of the Exchequer what are the principal benefits which have resulted from the Anglo-American Productivity Report; and whether he will produce a White Paper showing what has been done and what remains to be done.
The Reports have made available to a wide range of British industries thorough and well-balanced studies of American practice and methods of increasing productivity. Many of the recommendations have been put into effect in the industries concerned; others are being gradually implemented; whilst the programmes of conferences organised around the Reports are most valuable in stimulating discussion and action on productivity problems.
The responsibility for sending the productivity teams to the United States, and for making use of their Reports, rests with the Anglo-American Council on Productivity which is an independent body representing both sides of industry.
In view of the extensive publicity already given to the Council's activities, and to the recommendations of the teams, I do not think it is necessary to publish a White Paper.
As these teams are financed by a grant from the Treasury, is there not some responsibility to this House? Secondly, are there many more teams scheduled to go to America for this purpose?
It is true that we make a grant to the Council, but I do not wish to interfere in any detail with their activities. Probably the House will agree that a substantial measure of publicity has been given to these excellent Reports. On the question of further teams, perhaps the hon. Gentleman would put down a Question.
Even though the Minister will not issue a White Paper on this subject, will he consider issuing some kind of announcement with regard to the bearing of these Reports upon shipbuilding and the making of agricultural implements, which industries badly require attention at present?
Perhaps the best action to take would be to draw the attention of the Council to the proposal of my hon. and learned Friend and to ask them to look into the matter.
Investment Programme (Government Offices)
asked the Chancellor of the Exchequer whether the ban on the building of offices contained in his decision on the capital investment programme extends to the building of Government offices and offices for the nationalised industries.
Yes, Sir. As in the case of private offices there will be exemption from the ban where work has begun or already been authorised or in other very special circumstances, or in the case of offices which are an integral part of industrial establishments.
Can the right hon. Gentleman give an assurance that "very special circumstances" will not be held to cover any further licensing of work by the Ministry of Fuel and Power for the British Electricity Authority on top of the £400,000 worth already authorised?
Obviously, we shall not authorise anything which does not fall within the category I have mentioned.
Civil Service (Communists)
asked the Chancellor of the Exchequer how many Communists were suspended in the Civil Service during the year ended December, 1950, under the arrangements made by the Prime Minister for security in the public service.
Forty-three civil servants within the scope of the Prime Minister's statement of 15th March, 1948, were suspended in this period. Of this number, seven were reinstated, 17 were transferred to other work, four are still on special leave, four resigned and 11 were dismissed.
Will the Minister say what is the average time these Communists were suspended, how much pay they received and how many are now getting money for doing nothing?
I cannot answer the first two parts of the question without notice. As for the last part, only four are on special leave.
May I ask the right hon. Gentleman whether the position of the Secretary of State for War has been examined?
That question should not have been asked.
In view of the Standing Order which provides that hon. Members should not make imputations one against another, may I respectfully ask that that imputation should be withdrawn?
I thought that I had issued a very strong rebuke. I think that that should be known and noted in future.
Bamangwato Tribe (Disturbances)
( by Private Notice ) asked the Secretary of State for Commonwealth Relations whether he has received information that certain members of the Bamangwato tribe were assaulted in Serowe, what action was taken to rescue and protect these people, and what action is being taken to prevent a repetition of these criminal activities.
Yes, Sir. I have received reports from the High Commissioner that, on Saturday, 7th July, a number of tribesmen seized Rasebolai and about 20 other supporters of Tshekedi Khama in Serowe, with the apparent intention of removing them by lorry from the Bamangwato Reserve. The tribesmen who took this action appear to have been mainly younger men acting without the consent or approval of the tribal leaders, since the latter assisted the police in the rescue and release of Tshekedi's followers and in their subsequent protection until police reinforcements arrived. There was no damage to any person or property.
Before this incident occurred, a police guard had been mounted day and night on the house in which Rasebolai, who had himself requested protection, was living. He was, however, seized when walking in the street.
Tshekedi's followers are now encamped together in Serowe at their own wish under police protection. Police reinforcements have arrived, and the Administration has been promised the support and is receiving the co-operation of the tribal leaders in maintaining order. The Administration intends to arrest and prosecute those believed to be responsible for the seizure of Tshekedi's followers on Saturday.
The High Commissioner, with whom I am in constant touch, reports that the situation is still tense.
In addition to what took place on Saturday, is the right hon. Gentleman aware that, after a meeting in Serowe, 50 men left that meeting and went straight to a relative of Tshekedi and tried to intimidate him to leave with his family immediately? Fortunately, the man refused to go. Is this method of intimidation and threat to be permitted, and is not this a reflection upon the kind of offer which the right hon. Gentleman made to Tshekedi?
No, Sir; I do not think so. The police have taken very prompt action against intimidation. They have been aided in this by the tribal leaders, and, as I have said, the people whom we think are responsible for this are to be prosecuted. We are taking very vigorous steps and measures to stop any sort of intimidation, and the Administration has, of course, made clear by warnings, which have been repeated very strongly to the tribal leaders and headmen, that we will not tolerate any incidents of this nature.
Is my right hon. Friend aware that, two days before this incident, a local kgotla was held in Serowe, at which the allegation was once again made that Tshekedi's projected return to his territory is in order to keep out Seretse; that the District Commissioner was aware that the meeting was to be held and that the statement was likely to be made, but failed to give a ruling to the followers of Tshekedi in Serowe, who asked whether they might attend the meeting; and that therefore, once again, a one-sided case was put forward?
I cannot accept that account of what happened. There is to be one kgotla which will be summoned and which will be the only kgotla, in the proper sense of the word, that will be held on this matter, as I announced earlier to the House. Of course, the word kgotla, which only means a meeting, is sometimes loosely used for meetings of people, and we have no means at all of stopping people meeting and discussing this or any other problems which they wish to discuss. If we did that, we should stop all free speech and discussion in the whole of the tribal areas. It is not true that the District Commissioner knew about this kgotla. Indeed, he was recalled, whether to Cape Town or Pretoria I do not know, for discussions with the High Commissioner. Therefore, the account which my hon. Friend has given of these events is not accurate.
If the kgotla is to take place at which this matter is to be judged, will Tshekedi be allowed to go there in plenty of time and be free to organise his followers, as the other side are organising theirs?
I do not think this question really arises out of the one I was asked. There is a number of Questions on the Order Paper for answer in a day or two, and I would sooner answer it then, when other proper Questions will be put down.
Do not these incidents indicate that Tshekedi was quite right a year ago when he himself said that his continued presence in the tribal area would be likely to create a civil war situation?
In view of these disturbances, does not the right hon. Gentleman think that it is desirable that the special kgotla which he proposes to hold should be postponed for some months, as was advised in the recent debate?
I would sooner answer questions on this matter in a day or two, but, on the whole, I am inclined to think that it is better that there should not be too much delay, in view of these developments.
Can my right hon. Friend develop his statement about these disturbances, and confirm that the disturbances were due to a misapprehension among the tribe as to the purpose of Tshekedi in trying to get back; and, if so, has he taken any steps to disabuse members of the tribe of this misapprehension?
I take it that my hon. Friend refers to the question whether Tshekedi wants to go back as regent or as a private individual. I cannot, of course, answer for the motives in the minds of these people, but the Administration is making it clear, and will continue to make it clear, that the only question before them at the moment is whether Tshekedi, who has renounced the chieftainship, shall return to the tribe as a private person.
Meat Ration (Increases)
With your permission, Mr. Speaker, I desire to inform the House of a series of increases in the meat ration to take place over the next few weeks, and of the increase in the retail price of meat which I have already foreshadowed.
On 22nd July the amount of the domestic meat ration will go up from 10d. to the equivalent of about 1s. at present prices. This increased ration will consist entirely of carcase meat and will last for the following two weeks.
On the same date, 22nd July, the retail price of meat will be increased by an average of 3d a lb.—as the House knows, this is necessary because of the increased cost of Argentine meat and other increases to our Dominion and home farmers. The change in price will mean that the increased ration will cost 1s. 2d.
At the end of these two weeks—that is, on 5th August—there will be a further increase in the quantity of the domestic meat ration. On present prices, this second increase will provide a ration equivalent to about 1s. 2½d. worth a week, but, at the new retail prices, the cost of the ration as from 5th August, will be 1s. 5d. a week. This further stage in the gradual improvement in our supplies which I have promised to the House will last for at least another two weeks.
After that—that is, on 19th August—I hope to make a third increase to at least 1s. 7d. worth a week, which, of course, will be equivalent to 1s. 4d. worth a week on present prices. Further increases will take place, as I have forecast, but these three fortnightly increases are as far as I can go with any precision at the moment.
The maximum prices of controlled meat products, including sausages, will also be increased on 22nd July. Details of these new prices will be made known as soon as possible.
For the time being, I cannot increase the amount of meat allocated for manufacturing, but I hope to do so during August.
Might I ask the right hon. Gentleman whether he can state if these arrangements for mitigation of the present stringency have any relation to a decision taken by the Government in regard to the date of the General Election?
I have no idea about such arrangements. These arrangements are in fact, related to our supplies.
May I ask the right hon. Gentleman—it is rather hard, as usual, to follow this mass of figures about meat—whether I am right in coming to the conclusion that by the time we reach the highest ration mentioned in his statement, that is to say, 19th August, we shall get a ration smaller by 4d. worth than in the corresponding period last year, and that for this smaller quantity we shall have to pay more money?
That is not quite a correct picture. As I said in my statement, these are the first three increases. Further increases will be made, and by about the end of August the size of the meat ration, irrespective of price, will be at least twice that of the existing ration.
But that is not what I asked the right hon. Gentleman. I asked whether, in point of fact, by the time we reach the end of August, while we shall be paying more than in the corresponding period last year, we shall be receiving less meat to the extent of 4d. worth?
If, in fact, we had gone on following the advice of the Opposition, we should not have had any meat at all except at prices which the ordinary person could not afford to pay.
That is not an answer to my Question. Is the answer "Yes" or "No" that by the end of August, though it will cost us more money, we shall have less meat in the ration than previously?
The answer is "No."
Is the Minister aware that, though the increase in the amount of the ration will be most welcome, the increase in the price is quite deplorable at a time when prices and profits are rising at their present extent and when it would be in the Government's interest to keep wages steady?
In reply to the second part of my hon. Friend's Question, I must point out that even with this increased price we are still selling, due to the subsidy, the cheapest meat in the world.
Does the Minister propose at the same time to make any adjustment in the allocations of meat to catering establishments, including educational establishments?
Those things normally follow, as I think I have told the House before, and indeed certain increases will be made in the allocations to such establishments.
Is my right hon. Friend aware that his announcement will be received very gratefully by the women of Britain who have had to buy private enterprise gammon at 11s. a lb. and private enterprise chops at 7s. 6d. a lb. in lieu of the bulk purchase meat, and that they will welcome a return to a whole meat ration?
With regard to the Minister's reference to sausages, does he recall that some months ago, when he introduced the milk in sausages and debilitated the original meat sausage by 10 per cent., he promised to make good the cut in the meat in the sausage immediately further meat supplies were available? Does he propose in the course of the next few weeks to restore the quality of the sausage and get rid of his wretched milk sausage?
If the hon. Gentleman would read the last part of my statement, he would see that I have already undertaken to increase the amount of meat allotted for manufacturing during August.
Simultaneously with the increased ration, will my right hon. Friend insist on butchers displaying on their slabs the price they are charging, because at the present time the customer does not know and is being robbed?
I dealt with that point in the House recently.
May I again put my question to the Minister, because this is a very important point? I asked whether, in fact, by the end of August we should be getting for a higher price 4d. worth less meat than was the case in the corresponding period last year. The right hon. Gentleman said "No," but I want him to tell the House why he said that when, according to his statement, the ration after the third increase will be at least 1s. 7d. worth of meat which will be equivalent to 1s. 4d. worth at present prices. In the corresponding period last year we got 1s. 8d. worth at present prices.
The operative words, of course, are "at least." All I can say on present estimates of supplies is that by 19th August supplies will be at least of the order I have mentioned, and there will probably be more. If we fail to reach that target by that time, perhaps the right hon. and gallant Gentleman will put down a Question.
Will the Minister confirm that the 1s. 7d. meat ration, that is, the maximum at the new prices, will represent less than 10 ounces of prime beef a week, that is, less than one and a half ounces a day?
Does my right hon. Friend agree that if the developments which are now taking place in Australia had been initiated 14 years ago when the Opposition were in power, we should not be in the position we are today?
Will the Minister say what he means by the expression "at least," because it appears to indicate that the figures he has given are not actual figures at all and that we cannot rely upon them?
I hope the Opposition will not try to read into the figures I have given things that are not there. It is quite clear that for the next month the figures on which we can rely are those I have given. The figures I gave for the two weeks beyond that are minimum figures, and will probably be increased. But, of course, I am a very cautious person, and I do not want to mislead the House or the country into expecting more than we can do. If we fail to do more, we shall at least provide the ration I have stated.
The right hon. Gentleman has misled the House most severely. Are we to understand that on the figures he has given, the answer to the question put to him by my right hon. and gallant Friend should have been. "Yes."
Business of the House
Proceedings on Government Business exempted, at this day's Sitting, from the provisions of Standing Order No. 1 (Sittings of the House).—[ Mr. Ede. ]
Coal Industry (Improvement of Safety, &c, Regulations) Bill
3.49 p.m.
:I beg to move,
As I have said, this Bill is a short one. Indeed, it consists of only two Clauses, the second of which is purely drafting. The first, and the first alone, contains the merits of the Bill. With your permission, Mr. Speaker, I should like to read the operative phrases of that first Clause. Under it the Minister of Fuel and Power taken two years to produce those regulations under Statutory Instrument No. 848 of 1951. Even now the Minister wants yet a further year to bring them into operation in some of their most important facets.
I do not think that is good enough. We are now faced with the simple proposition that most of our rules and regulations dealing with mines safety date back to 1911–40 years ago. We have certain additional powers under the 1949 Act. [ Interruption. ] The Minister of Labour, as usual, is being so helpful. He would not care for this now. He has moved into greater spheres where he can make bigger and wilder speeches. He will find that under paragraph 23 of Statutory Instrument No. 848 we are repealing safety regulations made in 1912, 1913, 1917 and 1938. I ask the House whether such patchwork is really what we want in our mining industry.
rose —
I am sorry I cannot give way. I have only 10 minutes. We know the Minister has enough power and can use these regulations. We want to see that we have these new regulations. As he knows, a draft Bill was prepared in 1939 to cover these many points. I cannot see that it would be much burden on his Ministry to produce a complete, new and up-to-date set of regulations.
rose —
I am very sorry but I have only 10 minutes. Are we satisfied in any part of the House that our regulations today are equivalent to those in other countries? Are we quite satisfied that the degree of safety given to the men is that afforded in other countries? I have looked at the safety regulations and statistics and one can take them one way or the other. In some instances we seem to be better than other countries and in others worse; but are we satisfied that on the whole we have the standard that we had in 1911?
Is the Minister satisfied that under the present regulations we have put mine management in its proper place? Are we not, under the National Coal Board, still denying the mine manager the right and duty to look after the safety of his men, which is a prominent concern in other countries? When we are not prepared to introduce qualifications of deputies in the mines, I must say we have fallen very much behind the standard we had in 1911.
When one talks to mine managers or those employed in the mines today, how often it is that one hears the phrase, "This regulation is laid down but we never carry it out because if we did we would not get the coal we want." One hears that very often. In certain industries it is possible to have safety regulations which may be modified by general agreement between employers and employees. In the mines it is certainly not possible to have such day-to-day agreements. We must have regulations not
In 1939 we had a new Bill in draft form ready to be introduced. If the war had not occurred, it would have been introduced. We are now only asking the Minister to bring these regulations up-to-date and to see that the position we held in 1911 as leaders in mining safety regulations is preserved today. I have tried in the past to pay my tribute to the miners and I want to do so again. In the mines it is only necessary for an employee or a manager to make a mistake and lives are often lost. The least we can do is to see that our safety regulations governing the employment of miners are the best in the world.
3.58 p.m.
I rise to oppose this Bill. Hon. Members who have practical mining experience have been considering this Bill, and I am speaking on their behalf. We have been deeply disturbed by the recent series of explosions in mines which have resulted in grievous loss of life. The fact that a number of those explosions occurred in pits mined by modern methods and with up-to-date equipment is conclusive proof that we have not yet found the technical answer to the causes of those explosions. Find the answer we must.
We have been in consultation with the Minister of Fuel and Power and also with the representatives of the National Union of Mineworkers. It is agreed that a new and sustained investigation should be undertaken to discover what science in general and mining science in particular can tell us. It is our view, and we know it is shared by the Minister of Fuel and Power, by the National Coal Board and by the National Union of Mineworkers, that no expense—and I emphasise the words "no expense"—should be spared which would help in dealing with these great and terrible problems.
We on this side of the House note the appointment of Sir Andrew Bryan to the National Coal Board and we think that is a step in the right direction. Sir Andrew has gained a worldwide reputation for his interest in safety and health, especially during the last four years as Chief Inspector of Mines and during his chairmanship of the International Committee set up by the I.L.O., representing as it does the whole world in regard to mining safety. To my mind, this is conclusive evidence that the safety of the miner will be backed by the highest authority and supported by the best technical skill.
This Bill makes no contribution to the solution of this great problem. It gives no new power to the Government. The regulation-making power of the Government is ample, and a new code of mining legislation is already being continually built up. All the important recommendations of the 1938 Royal Commission have been or are being carried out, including the amendment of the provisions of the 1911 Act itself, where necessary. What is required more than ever is that the regulations should be scrupulously observed. If that were done, I think improvements would be made.
It is both cruel—I emphasise the word "cruel"—and cynical to suggest that by writing new words on new pieces of paper we can protect a single man's life. All the legislation in the world will not make good the lack of technical knowledge. We most earnestly and sincerely ask that the fears and hopes of the mining community shall not be made the playthings of party political tactics. This Bill makes no difference to anybody or to anything. It does no good by itself. We have tried in this short time to prevent the mischief that might come from creating false hopes in the mining industry. Therefore, in all the circumstances it would be a waste of time to divide the House on this Bill.
Question put, pursuant to Standing Order No. 12, and agreed to.
Bill ordered to be brought in by Colonel Crosthwaite-Eyre, Mr. Brendan Bracken, Mr. Geoffrey Lloyd, Mr. Raikes, Colonel Lancaster and Colonel Clarke.
Coal Industry (Improvement of Safety, &C, Regulations) Bill
"to provide for the making of new and improved general regulations under the Coal Mines Act, 1191, and the Coal Industry Act, 1949, relating to the safety and health of persons employed in and about mines, the management of mines, and other matters," presented accordingly, and read the First time; to be read a Second time upon Monday next, and to be printed. [Bill 130.]
Orders of the Day
Reserve and Auxiliary Forces (Protection of Civil Interests) Bill
Order read for consideration, as amended (in the Standing Committee).
Bill re-committed to a Committee of the whole House in respect of the Amendments to Clause 18, page 24, line 1; Clause 43, page 45, lines 20, 22, 25, 39, 45 and 46; Clause 49 and Clause 60; and of the new Clause ( Presumption of death of persons serving in the forces ) and the new Schedule, standing on the Notice Paper in the name of Mr. Robens.—[ Mr. Lee. ]
Bill immediately considered in Committee.
[Major MILNER in the Chair]
Clause 18.—(LIMITATION ON APPLICATION OF RENT ACTS BY VIRTUE OF SECTIONS FIFTEEN AND SEVENTEEN.)
4.5 p.m.
I beg to move, in page 24, line 1, to leave out subsection (2).
This is the first of a considerable number of Amendments dealing with various suggestions which were made during the Committee stage. These suggestions have all been considered very carefully, a very large number of them have been adopted and—I hope I shall have all Members with me here—they have been adopted for the general improvement of the Bill.
This Amendment is moved with a view to preventing local authorities from being enabled to increase rents of houses protected by the Bill in excess of what is permissible under the Rent Restrictions Acts. In other words, it imposes on the local authorities the Rent Restrictions Acts ceiling when the Rent Restrictions Acts are applied under this Bill. The hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) and others on the other side of the Committee pressed an Amendment to this effect during the Committee stage, and I then put before the Committee various reasons which appeared to me, and still appear to me, to be strong reasons against accepting that Amendment.
I shall not repeat the arguments which I deployed before the Committee on that occasion. I think it is sufficient to say that we have reconsidered the matter in view of the observations made in the course of that debate. We have adopted the suggestion, and as a result this Amendment has been put down.
All of us on this side of the Committee are grateful to the Government for having accepted a principle for which we argued as strenuously as we could on the Committee stage. The Amendment was moved by my hon. Friend the Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) and was supported by other hon. Members on this side of the Committee. It was resisted throughout the whole of the debate by the hon. and learned Gentleman with a mixture of eloquence and subtlety which, however, failed to convince us, and had it not been for the action that he has taken in moving this Amendment we should ourselves have persisted in asking the House on Report to deal with it.
It is, I think, a very considerable advance in making the Bill what we all desire to make it—namely, a fair measure of protection for the Service man who is undergoing training. Though the repentance comes late—I will not call it a death-bed repentance but an eleventh-hour repentance—we are none the less grateful for it, and I certainly commend this Amendment to the Committee.
As it fell to me to move the Amendment on the same subject in the Standing Committee, it would be ungrateful if I did not express to the Solicitor-General the appreciation I feel of the fact that the arguments which did not prevail upstairs did in the calmer atmosphere of the Solicitor-General's chambers achieve greater effect.
Amendment agreed to.
Clause, as amended, ordered to stand part of the Bill.
Clause 43.—(GENERAL PROVISIONS AS TO PAYMENTS TO MAKE UP CIVIL REMUNERATION.)
I beg to move, in page 45, line 20, to leave out "of the notification."
There are a number of Amendments proposed to Clause 43, in the name of the Minister of Labour, and Amendments to Clauses 49 and 60. These are all consequential upon a new Clause which will later be proposed, and which is entitled "Presumption of death of persons serving in the Forces." I wonder whether you consider, Major Milner, that it would help the Committee in its discussions if I now gave the arguments in favour of the proposed new Clause?
All these matters are bound up with one another, and we think it might be of advantage if we discussed them in the way suggested by the Minister.
I think it would be for the convenience of the Committee.
The proposed new Clause deals with making up the balance of civil pay, referred to in Part V of the Bill. Local authorities and certain pension authorities may run into difficulty in cases where men serving in the Forces are reported as missing. The difficulty will be that of deciding the date to be taken as the date of death for pay and pension purposes. During the war, the police and fire authorities ran into just that difficulty, so much so that in 1944, when their Act was being amended, an opportunity was taken to insert provisions which regulated the conduct of police and fire authorities when considering cases of men reported missing while serving in the Armed Forces.
The Bill is designed as permanent peace-time legislation, but in spite of that fact it is felt desirable to put provisions into it on those lines. We are supported in thinking it is desirable by the experience of the War Office in the present campaign in Korea. There have been difficulties in reporting the fate of men serving in Korea owing to the peculiar nature of the campaign. The proposed new Clause and Schedule will help the widows and dependants of such men by giving the appropriate authorities discretion to treat a man as having died when he is officially reported as only missing.
Hon. Members may appreciate that there is a very great difference between a Service Department presuming the death of a man, which has grave legal consequences, and a local authority presuming death for the purpose of benefiting a widow or a dependant. Widows and dependants may be benefited by a pension of greater amount becoming payable than otherwise, while any civil pay which had been overpaid need not be repaid. Let me give an illustration. If the appropriate authority, under the proposed new Clause and Schedule decide on 1st July that, on the evidence before them, a man died on 1st May, there will be a two months over-payment of his civil pay. The protection of the Bill then comes in, and the widow and dependants will not have to refund the overpayment.
I will give another example; it is where a man is officially reported as alive after he has been treated as dead as a result of the discretion exercised by the local authority, or where he is officially reported as alive after he has been officially presumed or officially reported dead by a Service Department. Such cases occur. The Bill will benefit the widow and dependants by laying it down that payments of pension shall not be recoverable.
The subsections in the proposed new Clause are straightforward, and I hope that the Committee will find them so. Subsection (1) provides that, for the purpose of civil pay, the appropriate authority shall determine the question whether a man has died while serving in the Forces, in accordance with certain rules. Subsection (2) sets out those rules. Subsection (3) provides that where, under the rules, a man is treated as having died, the date of his death shall be such as the authority may fix. Subsections (5) and (6) contain definitions. I hope that the Committee will agree that the new Clause and the earlier consequential Amendments should be added to the Bill.
4.15 p.m.
We are becoming accustomed to new Clauses being added to this Bill at a very late stage. During the Committee we were faced, when we thought we had almost completed our labours, with a whole batch of new Clauses, long and complicated in character. Now, at an early stage in the afternoon, we are again asked to consider new Clauses. I hope that this action of introducing a Bill which, on Second Reading, contains far fewer Clauses than will have been added to it when completed, will not be regarded as a precedent. It makes it very difficult to give proper attention to the new Clauses and to secure proper discussion. This is a late stage of the Sessions when hon. Members on all sides want to see the Bill on the Statute Book. I hope that we shall have an assurance that this bad conduct will not be repeated in the future.
We are grateful to the Under-Secretary for his explanations of the proposed new Clause. He went some way to explain the Schedule as well. I do not think any of us have had much time to consider this long new Clause and new Schedule, which have been on the Order Paper only a day or so. Probably no hon. Member had a chance of reading them before yesterday morning. As far as I can see, the proposed new Clause is good and desirable, but I am not entirely clear with regard to the operation of the financial provisions consequent upon treating a person dying on Service as alive, and the converse.
We are getting into extraordinary realms. As I understand it, the effect of these complicated financial provisions is that if any money is paid by way of pay, on the assumption that a man is alive when he is not, that pay will not have to be refunded from his estate. The second case is that if any pension is paid to his widow or dependants on the assumption that he is dead when he is alive, that payment shall not be repayable by the widow or dependants—the wrongly-assumed widow and dependants. If that is to be the effect, I do not understand the meaning of paragraphs 1 (3) and 2 (3) of the Schedule. At first sight they seem to me to make provision for some repayment or adjustment. I shall be grateful for an explanation. It may be quite right.
So far as one can see at first sight, the proposed new Clause is a good one. At the same time, I do not think, bearing in mind that it is introduced at this very late stage and we have only just had a chance of seeing it, that we should allow this Clause to pass until we have made inquiries on points such as this. I hope that the Under-Secretary will be able to satisfy us.
Before the hon. Gentleman replies, there is another point relating to the Schedule to which he would perhaps refer at the same time. In paragraph 2 (4) of the proposed new Schedule it is provided that, although a gratuity paid under the false presumption of death is not recoverable, it shall nevertheless be taken account of in the future if a gratuity becomes payable in the future. On the face of it that seems to me to be an unreasonable provision which may work great hardship.
Let us assume that a man is serving in Korea and is presumed dead. A gratuity is paid to his widow, who uses it to make the necessary initial arrangements for carrying on after his death. Three months later it turns out that the presumption of death was false. The gratuity is not repayable. So far so good. Let us assume that the man comes back from service, resumes his job and goes on working in the ordinary way but dies before reaching retirement age, his widow will not then get a gratuity as she would have done but for the events which I have just mentioned—because of something which happened 20 or 30 years previously.
It seems to me unreasonable that a gratuity paid under the erroneous assumption should be offset against the gratuity payable perhaps 20 or 30 years later. I hope that the hon. Gentleman will be able to explain what justification there is for such a provision.
I think I can answer the points which have been raised if I emphasise what the Schedule does. It does two things. It works out the details to implement the principle of the new Clause. One thing it does is to protect widows and dependants in respect of balance of civil pay and balance of pension. The second thing it does is to adjust the make-up balance of civil pay and pensions and to this extent the gratuity, so that this is where paragraph 2 (4) of the Schedule concerns the point raised by the hon. Member for Wolverhampton, South-West (Mr. Powell).
The Schedule makes this adjustment so that the widow and dependants get the payments most favourable to them, but they do not get overlapping benefits as a result of a presumption of death in a case in which the man turns out to be alive. In other words, what they get, and this applies to make-up balance of civil pay, pension and gratuity, is the payment most favourable to them, but they do not get, in this context, the best of both worlds.
Following what my hon. Friend said, I would point out that there could be the case of a married man who is assumed dead, and in respect of whom a gratuity is paid, coming back alive. It may be that in 20 years' time, his first wife dies and he marries someone else. He then dies. Does the effect of this Clause mean that the real widow, after 20 years have elapsed, will not get any gratuity or benefit because of something that has happened on the presumption that he was dead 20 years before. Is that the position? It does not seem to me that that will be very fair to the real widow, who may be an entirely different person from the assumed widow who received the benefit 20 years previously. We ought to be clear about that.
The actual wording of the Schedule says:
"that wife or other dependant in respect of.…"
I will consider the point that has been put, but so far as I can see it is only that particular wife. The subsequent wife is not affected.
I think that the Under-Secretary has done less than justice to the point which my hon. Friend the Member for Wolverhampton, South-West (Mr. Powell), raised. I hope that before we part with the new Clause and Schedule either we shall get an undertaking by the Under-Secretary that the matter will be further considered, and, if necessary, Amendments put forward in another place, or that we shall continue the debate at some length.
I feel that it is not a silly point but a very serious one which I think was probably not envisaged by the draftsmen. It would be a great hardship to a widow if a man has once been presumed dead and she has had a gratuity paid to her, and she then finds that if he dies many years afterwards she is left with absolutely nothing coming in. I hope that the Under-Secretary will consider this matter again and, if necessary, put forward an Amendment in another place.
I undertake to look at this point again. I did not mean to treat it lightly but one of the points that was raised was, I thought, negatived by the words "that wife." The fact is that this provision is discretionary, which is important. It says "may," which I should have thought covered the point.
But it leaves it to administrative action, which is not so sensible or satisfactory as having it in the Bill.
But there is a considerable amount in the Bill which is discretionary, and which is left to the Treasury and to the elected representatives of the people in the case of a local authority, etc. But I will certainly see whether there is any point of substance in what has been said. I draw the Committee's attention to the fact that this is discretionary.
Amendment agreed to.
Further Amendments made: In page 45, line 22, leave out from "applies," to "then," in line 24.
In line 25, leave out "or presumed widow."
In line 39, leave out "or presumed widow."
In line 45, leave out "or presumed widow."
In line 46, leave out "or presumed death."—[ Mr. de Freitas. ]
Clause, as amended, ordered to stand part of the Bill.
Clause 49.—(SERVICE TO WHICH PART V APPLIES AND INTERPRETATION.)
Amendment made: In page 48, line 8, leave out from "Act," to end of line 15, and insert "the expression."—[ Mr. de Freitas. ]
Clause, as amended, ordered to stand part of the Bill.
Clause 60.—(INTERPRETATION.)
Amendment proposed: In page 58, line 41, at end, insert:
"'local authority' and 'local Act scheme' have the same meanings as in the Local Government Superannuation Act, 1937, or, as respects Scotland, the Local Government Superannuation (Scotland) Act, 1937."—[ Mr. de Freitas. ]
The previous Amendment struck out certain words in Clause 49 which are now being re-enacted in Clause 60 as a definition, in what I agree is a more convenient place for that purpose. I happened to notice that in the reference to a local authority and local Act scheme in the words which we have just struck out, it is stated that they have
"the same meanings as in the Local Government Superannuation Acts, 1937 and 1939…"
whereas in this Amendment reference is made only to the Local Government Superannuation Act, 1937. If the hon. Gentleman will look at the new Clause which we have just had explained to us. he will see that there again the references are to the Local Government Superannuation Acts, 1937 and 1939. There may be a very good reason for leaving out the references to the Act of 1939 from this Amendment. I merely raise the point in order that it shall not slip by us through inadvertence. I shall be content with the assurance that the matter will be looked at to make sure that we are not proceeding to leave out something which will have to be inserted in another place.
4.30 p.m.
In subsection (4) of the Clause are the words:
"In this Act, unless the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended by or under any other enactment."
As I understand it, the 1939 Act is covered by that. I think that the right hon. Gentleman will find that that is so.
I am quite willing to accept that, but in the new Clause reference is made to the Acts of 1937 and 1939. However, if the point has been marked I am quite happy about it.
Amendment agreed to.
Clause, as amended, ordered to stand part of the Bill.
New Clause.—(PRESUMPTION OF DEATH OF PERSONS SERVING IN THE FORCES.)
(1) The question whether any person has died while performing relevant service in His Majesty's forces shall, for the purposes of—
( a ) Part V of this Act;
( b ) the Local Government Superannuation Acts, 1937 and 1939, and the Local Government Superannuation (Scotland) Acts, 1937 and 1939, or any local Act scheme;
( c ) any regulations made under subsection (1) of section sixty-seven of the National Health Service Act, 1946, or subsection (1) of section sixty-six of the National Health Service (Scotland) Act, 1947 (which relate to the superannuation of National Health Service officers);
( d ) the Firemen's Pension Scheme made under the Fire Services Act, 1947;
( e ) any regulations made under the Police Pensions Act, 1948;
be determined in accordance with the rules set out in the next following subsection.
(2) The said rules are—
(i) no person shall be treated as having died while performing relevant service in His Majesty's forces unless and until the appropriate authority are satisfied that he has been officially reported as dead, or as missing;
(ii) where the appropriate authority are satisfied that a person has been officially reported as dead, or as missing and presumed dead, he shall be treated as having died while performing relevant service in His Majesty's forces unless and until the authority are satisfied that he has subsequently been officially reported as alive;
(iii) subject to the last foregoing paragraph, where the appropriate authority are satisfied that a person has been officially reported as missing, the authority may, if they think fit, treat him as having died while, performing relevant service in His Majesty's forces unless and until they are satisfied that he has subsequently been officially reported as alive.
(3) Where the appropriate authority determine in accordance with the rules set out in subsection (2) of this section that a person is to be treated as having died, the date of his death shall be taken to be such date as the authority may fix on the evidence available to them.
(4)The Schedule (Financial provisions consequential on treating a person dying on service as alive and the converse) shall have effect as respects the financial provisions consequent on the adoption of the rules set out in subsection (2) of this section.
(5) In this section and in the said Schedule the expression "the appropriate authority" means the authority specified in subsection (1) or, as the case may be, subsection (2) of section forty-four of this Act as the authority having power to determine whether any, and if so what, payment is to be made under section forty-three of this Act, or, in a case where the service pay of the person in question is of such amount that no payment is permissible under the said section forty-three, the authority who would have that power if that person's service pay were of such smaller amount as would permit of a payment being made under that section; and where, in the case of any person, there are several such authorities, the expression "the appropriate authority" means all those authorities acting jointly:
Provided that where the person in question was immediately before entering on his relevant service an officer of a Regional Hospital Board, Board of Governors of a teaching hospital, Executive Council or other body constituted under the National Health Service Act, 1946, or the National Health Service (Scotland) Act, 1947, the appropriate authority shall be the Minister of Health or, as respects Scotland, the Secretary of State and not the Board, Council or other body.
(6) In this section the expression "officially reported" means reported (whether before or after the passing of this Act) by or on behalf of the Admiralty, the Army Council or the Air Council.—[ Mr. de Freitas. ]
Brought up, and read the First and Second time and added to the Bill.
New Schedule.—(FINANCIAL PROVISIONS CONSEQUENTIAL ON TREATING A PERSON DYING ON SERVICE AS ALIVE AND THE CONVERSE.)
1.—(1) This paragraph shall have effect where by virtue of the rules set out in subsection (2) of section (Presumption of death of persons serving in forces) the appropriate authority determine that a person is to be treated as having died.
(2) No sums paid under Part V of this Act shall be recoverable on the ground that they were paid on the footing that that person was alive at a time after the date fixed by the appropriate authority by virtue of the said section as the date of his death.
(3) Where any sums have been paid under subsection (2) of section forty-three of this Act for a period after the said date, any payments in respect of that period to which that person's widow or other dependant is entitled by way of pension under any Act, scheme or regulation mentioned in paragraph ( b ), ( c ), ( d ) or ( e ) of subsection (1) of section (Presumption of death of persons serving in the forces) shall only be made if and to the extent that the appropriate authority so direct.
2.—(1) This paragraph shall have effect where by virtue of the rules set out in subsection (2) of section (Presumption of death of persons serving in the forces) the appropriate authority determine that a person is to be treated as having died and subsequently determine that he is to be treated as alive.
(2) Any payment made by virtue of the first determination under subsection (3) of section forty-three of this Act or under any Act, scheme or regulations mentioned in paragraph ( b ), ( c ), ( d ) or ( e ) of subsection (1) of section (Presumption of death of persons serving in the forces) of this Act shall be irrecoverable.
(3) Where any such payments as are mentioned in sub-paragraph (2) of this paragraph have been made, the aggregate of those payments shall be compared with the greatest amount which might have been paid under subsection (2) of section forty-three of this Act if the person to whom the two determinations relate had been treated as alive during the period between those determinations and—
( a ) if the first amount equals or exceeds the second, no payment shall be made to or in respect of that person for that period under the said subsection (2), and
( b ) if the second amount exceeds the first, payments shall not be made under the said subsection (2) to or in respect of that person for that period amounting to more than the excess
(4) Where any such payment as is mentioned in sub-paragraph (2) of this paragraph is a gratuity paid to the wife or other dependant of the said person then, notwithstanding that it is irrecoverable, the gratuity may in whole or in part be treated as having been paid on account of any benefit that may subsequently become payable to that wife or other dependant in respect of the death of the said person.—[ Mr. de Freitas. ]
Brought up, and read the First and Second time and added to the Bill.
Bill reported, with Amendments; as amended (in the Standing Committee and on re-committal), considered.
New Clause.—(EFFECT OF FAILURE TO OBSERVE RESTRICTIONS.)
(1) Omission to obtain leave required under section two of this Act, failure to observe a restriction or condition subject to which leave so required was given, or contravention of the prohibition in subsection (5) of section four of this Act against dealing with goods, shall not render invalid, or alter the effect of,—
( a ) anything which would have operated as a transfer of the title to any property or of the possession of any property if leave had not been required or the restriction, condition or prohibition had not been imposed;
( b ) any payment, receipt, appointment or other transaction; or
( c ) any legal proceedings.
(2) In any action for damages for conversion or other proceedings which lie by virtue of any such omission, failure or contravention, the court may take account of the conduct of the defendant with a view, if the court thinks fit, to awarding exemplary damages in respect of the wrong sustained by the plaintiff.
(3) If in any such action or proceedings as aforesaid the court is satisfied that the defendant acted honestly and reasonably, and ought fairly to be excused for the omission, failure or contravention, the court may relieve the defendant from liability in respect thereof.
(4) In so far as it appears to the appropriate court to be practicable to remedy the results of any such omission, failure or con travention as aforesaid specifically without pre judice to the interests of third parties, the court may give any such directions for restoration of property, repayment of money or other measures as may appear to the court to be requisite for that purpose.
In this subsection the expression "third parties" means persons other than—
( a ) in the case of such an omission or failure in connection with the enforcement of a judgment or order or the exercise of a remedy, the person proceeding thereto and any person acting in relation thereto on his behalf;
( b ) in the case of an omission to obtain leave for instituting such proceedings as are mentioned in paragraph ( b ) of subsection (2) of section two of this Act or for taking a
( c ) in the case of a contravention of the prohibition in subsection (5) of section four of this Act, the owner of the goods; and
( d ) in any of the cases aforesaid, any person taking a transfer of the title to or possession of any property under a transaction in connection with which the omission, failure or contravention took place, if he took with knowledge of the circumstances which rendered what was done such an omission, failure or contravention.
(5) This section shall apply to Scotland subject to the following modifications:—
( a ) for references to section two or to subsection (5) of section four of this Act there shall be respectively substituted references to section eight or to subsection (2) of section ten of this Act;
( b ) paragraph ( b ) of subsection (4) of this section shall be omitted;
( c ) the expression "plaintiff" means pursuer and the expression "defendant" means defender and any reference to a judgment shall include a reference to a decree.—[ The Solicitor-General. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
This is the first of three new Clauses which arise out of suggestions made in Committee, and this one arises out of the criticisms made by the hon. and learned Member for Kensington, South (Sir P. Spens). The object of this new Clause is to deal with the difficulty arising in the case of an innocent creditor. Under the Bill the burden is generally on the creditor to obtain leave to exercise a remedy against the Service man. Therefore, the creditor may act quite innocently, in ignorance of whether or not the debtor against whom he is proceeding is a Service man protected by the Bill. It is a kind of difficulty that did not arise under the Courts Emergency Powers Act, whose provisions were of general application.
This new Clause deals also with another aspect of the innocent creditor difficulty, and that is of the purchaser from the creditor. The position of the purchaser from the creditor at present is that whether or not the goods can be recovered from the purchaser from the creditor by the debtor depends upon whether or not the creditor has a title in the goods. The thing depends really upon the legal questions of title and of ownership, and whether ownership happens in law to be vested in the creditor.
We have thought it right in this Bill to depart from that rather technical kind of test, and to provide that, where there is an innocent purchaser—that is, apart from the question of technicalities—the innocent purchaser shall have the title in that article purchased. That, I hope the House will agree, is the correct principle. It is a principle which has been canvassed in our courts comparatively recently, and I hope that it is one which will commend itself to the House.
As to the provisions of the new Clause, it provides in the first place that omission to obtain leave, which is made necessary by the Bill, shall not affect title, transactions and proceedings, subject to the power which is given later in the Clause to restore the status quo ante without prejudice to the rights of innocent parties who have obtained interests under the transactions.
There is also a provision that the court may award exemplary damages in any necessary case where it thinks it fit. The difficulty which we envisage is that the actual damage to the Service man may be comparatively small in terms of actual money, but nevertheless, it may be a fairly flagrant kind of breach and it may be one in which quite properly exemplary damages should be awarded.
Thirdly, we exculpate the innocent creditor by a provision that the court may relieve him if he has acted honestly and reasonably, and fairly should be excused. The hon. and learned Member for Kensington, South, will recognise the very well known Chancery provision of the Trustee Act, from which these words are taken. Then, finally, the court may, in an appropriate case, order the restoration of the property by setting the wheel back—if I may so express it—where the court can do that without prejudice to the interests of innocent strangers.
Those are the principles on which the Clause is based. They arise out of suggestions made in Committee and the working out of those suggestions. I hope the Clause will commend itself to the House.
I am bound to say that the provisions of this new Clause do make the Bill very much better than it would have been without the Clause. I understand that it means that where a person has no reasons to think, or has no clear reasons for thinking, that a person is a Service man, and innocently goes forward, he is protected, and anybody who deals with him is protected. Of course, there may be people who are reckless, and, indeed, may pretend quite deliberately that they did not know that the Service man was protected by the Bill, and may proceed against him or his representatives. In such a case such a person would pay serious damages for what he had done otherwise than innocently. That seems to me to be a perfectly fair arrangement on the whole, and in these circumstances I think we can only thank the Solicitor-General for having provided the new Clause.
There are just one or two small points about the wording which I should like to raise. I shall be as brief as I can, but I think it worth while to look at these points, as this is the first occasion that we have seen the new Clause.
The first point arises in subsection (3), in which it is made clear that if any action or proceeding takes place the court has power, if it is satisfied that the defendant has acted honestly and reasonably, and in the circumstances ought to be excused, to relieve the defendant from liability in respect thereof. My point is this. I am not quite certain whether the word "may" is really strong enough. I think we all agree that if a person acts innocently in these circumstances, he ought to be relieved, and I am wondering, therefore, whether it would be better if the word "shall" were inserted instead of "may," because then it would be quite clear that, in a case where the court was satisfied that the person was innocent, the court would be under the duty of relieving the person responsible.
The second point is this. I am wondering to what it is that the phrase "relieve the defendant from liability in respect thereof" relates. Does it relate only to the proceedings which are mentioned in that subsection? Or does it refer back to the exemplary damages, which are referred to in subsection (2)? I think the intention is that the innocent party should be relieved from having to pay exemplary damages. If I am right and that is so, it might be made a little clearer, because as it stands it would appear on the face of it that it is the proceedings that he is being relieved against and not the exemplary damages.
There is one other small matter on subsection (4), and that is whether or not the court would not only have the power to set the clock back, as the hon. and learned Gentleman said, but would have power to deal with the question of costs, which might arise. I always have a natural interest in costs and I wondered whether the subsection might contain an additional reference to the court having power to make such order for costs as it thought necessary.
This is a very important new Clause; it is one which we have long awaited, and it is worthy of careful consideration. The Solicitor-General, in commending it, described one part of it as based on an Act which is very familiar to practitioners in the Chancery Division, and so may perhaps disarm certain criticism. That, of course, is not an argument that is universally attractive. I just mentioned that, because I want to ask him to look at subsections (2) and (3) from the common law point of view for the moment.
Under subsection (2), as I understand it, it is left entirely to the court to decide whether or not to give exemplary damages. Now that will not mean a judge alone. If the claim is triable by a jury the amount of damages may be assessed by a jury. Is it the intention that the judge should be able to rule that it is a case in which exemplary damages can be awarded, or has he to leave it to the jury to decide whether they think fit to award exemplary damages? I think that under this wording it will, in every single case, go to the jury, and they will have to be told by the judge that if they think fit they will be entitled to award exemplary damages. I do not myself think that that is an awfully good provision, and I think it will want looking at again.
I am not opposed to a jury having power to award exemplary damages where the circumstances warrant it, where there has been a deliberate evasion, but I think there should be a provision which will enable the judge to rule that the case does not fall that side of the line. Perhaps the hon. and learned Gentleman would consider inserting words indicating that certain conditions have to be satisfied before exemplary damages can be given, and it would then be for the judge to rule, I should have thought, whether those conditions had been satisfied. I hope the hon. and learned Gentleman perceives the point, which I think is of some importance, approaching it as I do from the common law angle—for it will be in the common law division that these claims will be tried.
I hesitate to say anything on subsection (3), in view of its being modelled on this section so familiar to the Chancery Division. I should have thought, in answer to my hon. Friend, that the word "thereof" referred to
I wonder whether I might put one small point to the hon. and learned Gentleman on the drafting of line 21 of the Clause, in subsection (4), which says:
"the court may give any such directions for restoration of property, repayment of money or other measures."
It seems a curious phrase, that the court should give directions for other measures. It seems to me that what was probably intended was, "give any such directions for restoration of property or repayment of money, or take such other measures," or possibly "give such other directions." It is only a point of drafting, but I think it deserves a litle consideration.
4.45 p.m.
It may well be that the word "such" should be inserted, so that it reads "such other measures." That would certainly clarify it. I will look at that, although it is a purely drafting point, as the hon. and learned Gentleman pointed out.
With respect, that would not quite do, because it would then run "give such other measures," and that still would not make sense.
I appreciate that there is a drafting point there. I will look at it to see whether that can be cleared up.
I agree with the hon. and learned Member for Northants, South (Mr. Manning-ham-Buller) in his answer to his hon. Friend the Member for Henley (Mr. Hay), that the word "thereof" refers to The common law point which the hon. and learned Gentleman raised with such ingenuity is more difficult. I should have thought it was for the judge to indicate whether or not there was a case for exemplary damages to be considered by the jury. The hon. and learned Gentleman is more familiar with this branch of the law than I am, but that was certainly how I read it, and that is what I had in mind. I will certainly examine that, bearing in mind the point he has made.
With the leave of the House, perhaps I might elaborate that a little. Surely counsel for the plaintiff would, under the wording of this Clause, be entitled to tell the jury in every case, "you can award exemplary damages if you think fit," and no judge could say that that statement by counsel was wrong. Under the Clause as it stands, no judge could direct the jury not to award exemplary damages. In each case, it would at present have to be a matter for the jury to decide.
I do ask the hon. and learned Gentleman to say that, bearing that in mind, there is real force in the view that there should be some conditions laid down to enable the judge to rule on that issue, so that he could say to the jury, "This is a case in which you can" or, on the other hand, "This is a case in which you cannot." As it stands, I do not believe that he could properly do that. If the hon. and learned Gentleman will say that he will give careful consideration to this point and see that an alteration is made in another place, I shall be content. It is a point of substance, I think.
I will certainly give consideration to it. I must say that I read it the other way. I thought that under this new Clause the judge would have that discretion. I will certainly look at that and consider it. I appreciate that it is a point of substance, and it is desirable that the matter should be cleared up.
The question of costs, which was raised by the hon. Member for Henley (Mr. Hay), is a point which I noticed in Committee always occurs to him but hardly ever occurs to me. Quite clearly, costs would be covered by the rules of court. I do not think there is any difficulty about that. I do not think there is any difficulty either about the word "may," in the phrase
Question put, and agreed to.
Clause read a Second time, and added to the Bill.
New Clause.—(AUTHORITY TO ACT ON BEHALF OF SERVICE MAN SERVING ABROAD.)
.—(1) Where, at a time when a service man who is a tenant of any premises is performing a period of relevant service and is outside the United Kingdom, any such act as is mentioned in the next succeeding subsection is done in relation to his tenancy thereof by a qualified person purporting to do it on his behalf it shall be deemed to be done with his authorisation.
(2) The said acts are—
( a ) the bringing or defending of any proceedings under the Furnished Houses (Rent Control) Act, 1946;
( b ) the bringing or defending of any proceedings under the Rent Restrictions Acts, under section fifteen of this Act or under any provision of that section as applied by section sixteen or section seventeen of this Act;
( c ) the service of any counter-notice under subsection (1) of section twenty-four of the Agricultural Holdings Act. 1948:
( d ) the performance or conduct of any act or proceedings consequential upon the service of such counter-notice:
( e ) the conduct of any proceedings consequential upon an application for leave to proceed under subsection (1) of section twenty-two of this Act.
(3) In this section the expression "qualified person" means any of the following persons, that is to say—
( a ) the service man's wife if she is for the time being living in the premises or any part thereof in right of his tenancy of those premises;
( b ) any member of his family (other than his wife) who is of full age and is for the time being living as aforesaid:
( c ) any person of full age not comprised in either of the preceding paragraphs, being a person in whose custody or care any infant member of the service man's family is for the time being living as aforesaid.—[ The Solicitor-General. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
This Clause also arises out of suggestions made during the Committee stage. It was felt that where there is a Service man who is abroad and proceedings are taken in connection with his property, or something of that kind, in which it is necessary for somebody to safeguard his interests in his absence, if he has given no specific power of attorney or any expressed power to act on his behalf, provision should, nevertheless, be made in the Bill for covering that kind of contingency where the action would only be an action in the interest of the man and for his benefit and the benefit of his dependants and not inimical to his interest. It is for that reason that we have put down this Clause.
It covers only the cases in which the Service man is out of the country. It does not apply if he is in this country because, if he is, obviously his friends or relations can get in touch with him. Nor is there any difficulty where the protected interest is the interest of the dependant because, in that case, the dependant can act on his or her own behalf. If there is a dependant who has a direct right under the provisions of the Bill, he or she can act under the provisions of the Bill. It only enables a person to act for a Service man abroad in the interests of the Service man.
Subsection (2) specifies the particular acts, and we have tried to cover the acts where, quite obviously, it would be in the interest of the Service man that he should be represented and where it is in his interest, in the ordinary course of affairs, that somebody should act for him.
Subsection (3) defines the "qualified person." I can put it briefly by saying that the qualified person is the Service man's wife and any other member of his family of full age or any other person of full age who has the care of the Service man's children. It seemed to us that this would be the circumstances in which it would be desirable that someone should have authority to act for him. I therefore commend the new Clause to the House.
I appreciate the reason why this Clause was brought forward, and, in substance, it seems to me to be an attempt to do what has to be done. I am doubtful whether, in one respect, it does not go too far. The hon. and learned Gentleman said that it was only to enable a specified person to act where it was in the interest of the Service man that he should so act. I do not think that by that he meant to suggest that the Clause only authorises actions which would be to the Service man's benefit. It is at least conceivable that action under subsection (2, a ) could, in certain circumstances, be not in the man's interest.
If one accepts that, one is led to the difficulty that, as I understand it, this Clause does provide in subsection (1) an absolutely irrebuttable presumption that the action is done with the man's authorisation. As I understand it, the Service man even if an action does not benefit him and he did not authorise it, cannot in any circumstances be heard to say that it was done otherwise than with his authority. I do not think that any large number of such cases is likely to arise, but it is at least conceivable that such a case may arise, and one has to legislate for the rare and unusual case as well as for the frequent and normal.
There are circumstances in which it is conceivable that an action taken may not be in the Service man's interest, and it seems wrong that it should be impossible for the Service man to raise the question of whether this action was authorised by him. I should like the hon. and learned Gentleman to consider whether, in another place, it may be possible somewhat to modify the Clause so as to raise a presumption, but a rebuttable one, that the action was authorised by the Service man.
I should like to see it in the occasional case, where something has been done which is not in the interest of the Service man, and not authorised by him, he has a chance of going to the courts and laying that aspect of the matter before them. I appreciate that we are unable to deal with a complex matter like this by a manuscript Amendment, and I should like the hon. and learned Gentleman to say that it will be considered before the next stage of the Bill.
There are three points which I wish to raise, one of which is in connection with the matter to which attention has been drawn by my hon. Friend the Member for Kingston-upon-Thames (Mr. Boyd-Carpenter). It relates to the words "with his authorisation" at the end of subsection (1).
The reason for this Clause is that certain actions are prescribed to be done under the Bill by the tenant, and the question arises whether actions done on his behalf would be considered as actions done by him. I am not clear that by establishing that actions done on his behalf are done with his authorisation, we are necessarily quite meeting the phraseology of the Bill itself.
I am fortified in that doubt by the drafting of a Government Amendment to Clause 5 to which I would like to refer, namely, in page 9, line 6. There, it is laid down that the appropriate court may treat as an application made by the person an application made by some other person on his behalf. Would it not be simpler and more certain to meet the object of this Clause, as well as, possibly, to meet the difficulty felt by my hon. Friend if instead of using the words "with his authorisation" in subsection (1) we used the words "by him"? That is the first point which I wish to put to the hon. and learned Gentleman.
The second relates to the word "tenant." Under the Bill we are not only protecting the Service men who are tenants but Service men who are licensees. It may be that in all cases Service men who are licensees will have become statutory tenants before they require the benefit of the new Clause. I think that it should be confirmed that there will be no case of a licensee on behalf of whom while he is still a licensee someone else has to act. Otherwise, it is necessary to include the word "licensee" as well as the word "tenant" in subsection (1) of the Clause.
The third point relates to the expression "member of his family" in subsection (3) of the new Clause. I do not know in reference to what statutes the term "member of his family" would fall to be interpreted, but I think that the House would welcome some guidance on the meaning that will be attached to the words "member of his family" if the Clause is added to the Bill.
I am at one with the purpose of this Clause, but I want slightly to criticise it. In the first place, it seems clear that it ought not to operate if, in fact, a Service man has left a fully appointed attorney behind him. If he has appointed an agent before he has gone on service, as this Clause is worded it would appear to enable any of these people to butt in and interfere between the attorney and him. I think that if they got in first, the court would be in some considerable difficulty if subsequently a fully appointed attorney appeared.
5.0 p.m.
The second point I want to make arises on subsection (3). There does not seem to be any order of precedence between the various people mentioned. There seems to be nothing to prevent a race or competition between a wife and any member of the family other than the wife who is of full age, or a person who is not in either group, but who has the custody and care of an infant member of the Service man's family. Any of those people can rush to the court and either ask that something should be done, or try to get something done, without an order of priority between them.
The Government might consider whether they could not put in words which would enable a man going on service to appoint, by some simple method, either his wife, mother, father or brother as his agent for all the purposes of the Act. I should have thought, however, that if a fully appointed attorney were not left behind, there ought to be something in the Clause to say who is to have the first word on behalf of the Service man. I should have thought that if he failed to leave an attorney prima facie his wife ought to be the person, and that only failing her taking action should some other member of the family take action.
With some trepidation I look at the last person described, one who is a complete stranger but who happens to have the custody of the children, and who, according to this Clause, should have the right to go in and do something on behalf of a tenant. I suggest that we want a little more consideration of how this new Clause will work.
This Clause has not had a wholly favourable reception, but it is difficult to be critical when, quite obviously, it is an endeavour to meet the arguments which have been advanced from this side of the House. What we wanted was to make sure that the wife of a serving man, who was going out of this country would have the necessary locus standi to defend proceedings in a court action under certain circumstances. That is the simple issue.
This Clause is not satisfactory, and I think there is much force in the argument of my hon. Friend the Member for King-ston-upon-Thames (Mr. Boyd-Carpenter), that someone of the category of people specified in subsection (2) might do something which, in fact, is not something which the serving man would want to authorise, and he is bound automatically by it. That is a grave defect.
A much graver defect was mentioned by my hon. and learned Friend the Member for Kensington, South (Sir P. Spens), that this should not operate if a Service man has given power to someone to act as his attorney. It should not be assumed that a Service man would always want his wife to act for him. It may be that a brother could deal better with his business and he would like to make him attorney. There are also instances where matrimonial disputes would come into the picture. Therefore, I am rather against giving this automatic right of authority, particularly where there is a right given by a man to someone to act for him. In that respect this Clause must be amended.
Secondly, if there is no power of attorney, obviously the wife is the person who should be authorised to have power to act. There is a great force in the objection that the Clause might give rise to a race between members of the family. A dependant might do something which the Service man would be deemed to have authorised but which would not be in the Service man's true interests. The Clause, as drafted, emphasises the point which we have made many times from this side of the House, that it is not good enough to use the loose expression "member of his family." Here, the use of that expression means that we are giving an undefined class of people the authority to do things which will bind an absent serving man. I press on the hon. and learned Gentleman the desirability of inserting a definition in the Clause so that one can determine with precision who has the authority by the Clause to act on his behalf.
We have had no possibility of tabling Amendments to this Clause. I only saw it last Monday, which is the earliest I could have seen it, though I know that the hon. and learned Gentleman the Solicitor-General did his best to let me see it as early as possible. I suggest to him that we should have a further opportunity of discussing the Clause, and that he should not proceed to try to get it inserted in the Bill. When the Bill is in another place place another new Clause could be moved, which would mean that when the Bill is returned here we should have an opportunity of considering and revising the Clause. It would give us an opportunity to consider the matter further, for we should like to be satisfied with the form of the Clause before it is finally enacted. I hope the hon. and learned Gentleman will agree to this course.
I should like to support what has been said by my hon. and learned Friend the Member for North-ants, South (Mr. Manningham-Buller). Although I have no doubt that the Solicitor-General's intentions in bringing forward this Clause were excellent, it will not carry out what may well be the wishes of the Service man. As my hon. and learned Friend the Member for Kensington, South (Sir P. Spens) pointed out, he may have actually left a professional man a power of attorney. That is a fairly simple case, and it is quite obvious, in that event, what his intentions are. Where he has not done that, he may have definite views as to which member of his family, or which professional friend, should act for him in a matter of this kind.
I think that the general lines on which the Government might wish to draft a Clause of this kind are clear. They wish to deal with the case of a man who goes abroad. If he goes abroad in one of the Services, it should not be beyond the power of the Service Department concerned to bring to his notice that it might be a good idea for him to appoint in writing the person whom he wishes to act on his behalf in his absence in matters of this kind, and, if he chose to do that, obviously his wishes should take precedence over any such general powers as are conferred in this Clause.
This raises precisely the kind of difficulty that one meets with when one tries to say in detail what is, on the face of it, a very desirable kind of principle, upon which everyone is agreed. In answer to the hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter), it is quite impossible to say that the Service man shall have all the advantage of someone acting on his behalf but not any disadvantage that might arise. It would be quite impossible for me to say, "I will adopt it if it is in my favour, but I will turn it down if it is not." I agree with the hon. Member that it may turn out in certain circumstances not to be to his advantage.
All we can do on a Clause of this kind is to say, taking the circumstances by and large, that it is in the interests of Service men, on the whole, that the persons whom they leave behind or one whom they may decide upon should have the power to act for them, rather than they should not have the power to act for them. One has got to take a general line and adopt a general principle, even when we recognise that in certain cases it may work out rather badly. What we have to consider is whether, on the whole, one prefers that something on the lines of this Clause should be provided, or whether one prefers that no provision should be made at all.
On the Committee stage views were rather strongly expressed from the other side of the House that it was most desirable that there should be somebody who had the authority to act upon the Service man's behalf. It is when one comes to work these things out in detail and put them in the form of legislation—it is then, and only then, that one can see what the difficulties are. I concede at once to the hon. Gentleman that it is difficult to envisage all the circumstances until one sees precisely what are the provisions which one has to consider. I am not making these comments in the least by way of criticism of anybody who supported the suggestion in Committee, but merely to emphasise that when one has a provision of this kind one has to face the consequence that it may work out hardly in certain cases.
May I next deal with the observations of the hon. and learned Member for Kensington, South (Sir P. Spens)? Here, again, I would agree at once that if a power of attorney has been granted it is obviously most desirable that the person to whom the power of attorney has been granted should be the only person who can act on behalf of the Service man. But supposing it is not known that the power of attorney has been granted; supposing a person holding the power does not disclose it to the wife and the family. What is one to do?
Is the mere fact that a power of attorney has been granted in that instance to vitiate all proceedings taken by the Service man's family, even though the granting of the power of attorney is not known to the family? I think one could possibly deal with that situation—and I am well aware of the hon. and learned Gentleman's answer—by making some provision on the lines of the priority to be contemplated. I concede at once that something on those lines might well be desirable.
I do not want to take it much further than that at the moment, but I want emphatically to emphasise that if one is taking a general principle of this kind, it is inevitable that there will be hard cases in which it will not work out to the benefit of the Service man. One must do it on a rough and ready principle. I recognise at once that the hon. and learned Member for Northants, South (Mr. Manningham-Buller), and his hon. Friends have not had a full opportunity of considering this Clause—certainly not as full an opportunity as I should have liked them to have had. As the hon. and learned Member has said, I tried my best to get this provision through so that there would be an adequate opportunity to consider it. Now that we have the draft before us it brings out in a very much stronger way than otherwise would have been possible what the difficulties are in a Clause of this kind.
I shall be very happy to adopt the suggestion made by hon. Members opposite and not press the Clause at this stage. I will let the matter stand over so that we can consider it and see whether we can reach some arrangement which we all agree would be for the benefit of the Service man. I beg to ask leave to withdraw the Motion.
Motion and Clause, by leave, withdrawn.
New Clause.—(MODIFICATIONS OF AGRICULTURAL HOLDINGS ACT, 1948, WHERE TENANT IS A SERVICE MAN.)
(1) The three next succeeding subsections shall have effect where the tenant of an agricultural holding to which this section applies performs a period of relevant service, other than a short period of training, either wholly after the commencement of this Act or partly theretofore and partly thereafter, and after the commencement of this Act, at a time during his period of residence protection, there is given to him notice to quit the holding, or notice to quit a part of the holding, being a part to which this section applies.
This section applies to any agricultural holding which comprises such a dwelling-house as is mentioned in paragraph 1 of the Seventh Schedule to the Agricultural Holdings Act, 1948, and applies to any part of an agricultural holding, being a part which consists of or comprises such a dwelling-house.
(2) Subsection (1) of section twenty-four of the said Act of 1948 (which restricts the operation of notices to quit) shall apply not withstanding the existence of any such circumstances as are mentioned in subsection (2) or subsection (3) of that section; but where the Minister is satisfied that such circumstances exist then (subject to the next succeeding sub section) the Minister shall not be required to withhold his consent to the operation of the notice to quit by reason only that he is not satisfied that circumstances exist such as are mentioned in paragraphs ( a ) to ( e ) of sub section (1) of section twenty-five of that Act.
(3) In determining whether to give or with hold his consent under the said section twenty-four the Minister,—
( a ) if satisfied that circumstances exist such as are mentioned in subsection (2) or subsection (3) of the said section twenty-four or in subsection (1) of the said section twenty-five, shall consider to what extent (if at all) the existence of those circumstances is directly or indirectly attributable to the service man's performing or having per formed the period of service in question, and
( b ) in any case, shall consider to what extent (if at all) the giving of such consent at a time during the period of protection would cause special hardship in view of circumstances directly or indirectly attributable to the service man's performing or having performed that period of service;
and the Minister shall withhold his consent to the operation of the notice to quit unless in all the circumstances he considers it reasonable to give his consent thereto.
(4) The two last preceding subsetcions shall apply in relation to the giving or withholding of consent by the Agricultural Land Tribunal, on a reference to that Tribunal under sub section (4) of the said section twenty-five, as they apply in relation to the giving or withholding of consent by the Minister.
(5) Where the tenant of an agricultural holding to which this section applies performs such a period of service as is mentioned in subsection (1) of this section and—
( a ) a notice to quit the holding or a part thereof to which this section applies was given to him before the commencement of this Act or is given to him thereafter but before the beginning of his period of residence protection, and
( b ) the tenant duly serves or has served a counter-notice under subsection (1) of the said section twenty-four, and
( c ) either the Minister has not consented to the operation of the notice to quit or the matter of his consent thereto is or has been duly referred to the Agricultural Land Tribunal and the Tribunal has not deter mined the matter so referred,
the two last preceding subsections shall (with the necessary modifications) apply in relation to the giving or withholding of consent to the operation of the notice to quit as they apply in relation to the giving or withholding of consent to the operation of a notice to quit given in the circumstances mentioned in subsection (1) of this section.
(6) Section twenty-six of the said Act of 1948 (which authorises the Minister to make regulations as to matters arising out of sections twenty-four and twenty-five of that Act) shall apply in relation to the provisions of those sections as modified by the preceding provisions of this section as it applies in relation to the provisions of those sections apart from this section.
(7) For the avoidance of doubt it is hereby declared that the power of the Minister under section seventy-two of the Agriculture Act, 1947, to make regulations providing for the delegation of functions to a County Agricultural Executive Committee extends to the making of regulations providing for the delegation to such a committee of any functions of his under section twenty-four or section twenty-five of the said Act of 1948 as modified by the preceding provisions of this section.
(8) In this section the expression "agricultural holding" has the same meaning as in the said Act of 1948 and the expression "the Minister" means the Minister of Agriculture and Fisheries.—[ The Solicitor-General. ]
Brought up, and read the First time.
5.15 p.m.
I beg to move, "That the Clause be read a Second time."
This is the last of the new Clauses and arises from suggestions made by my hon. Friend the Member for Norfolk, North (Mr. Gooch) and hon. Members opposite who are anxious that those who are occupying agricultural land more than two acres in extent, who were originally excluded from the Bill should have protection. That has been achieved in two ways. We are concerned for those who are holding agricultural holdings within the meaning of the Agricultural Holdings Act, and we are also concerned for those who have agricultural land more than two acres in extent—and a dwelling-house, of course—but who do not come within the definition of an agricultural holding under the Agricultural Holdings Act. There is a provision to deal with those who are not within the Agricultural Holdings Act; we simply bring them within the provisions of this Bill.
When we were considering the matter on Committee stage, I suggested that for those who are within the Agricultural Holdings Act the best method would probably be to ensure that the Minister of Agriculture had a discretion to take into consideration the circumstance that the Service man was serving. Hon. Members opposite expressed doubt, and I certainly felt a doubt myself, whether the Minister had the ability to take that circumstance into account. What we have done is to make it perfectly clear that he will take that circumstance into account. After inquiry it was clear that he did not have the discretion, apart from the provision which we make under the new Clause.
I do not think I need labour the point; hon. Members in all parts of the House are familiar with the protection given by the Agricultural Holdings Act. The same protection is given here, with the addition that the circumstance that the man is a serving man may be taken into consideration. May I make this additional observation? Where a notice to quit is served before the commencement of the Act or before the beginning of his period of residence protection, this Clause applies provided that the matter has not been disposed of—in other words, that it has not come to a definite conclusion so that third parties may have acted on that conclusion. The provisions of the Clause are designed for that purpose, and I commend the new Clause to the House.
I am very glad that the hon. and learned Gentleman has brought forward a proposal to meet what certainly looked like a grave defect in the Bill. As hon. Members of the Standing Committee will recall, protection given by the Bill did not apply where the premises in question were held jointly with two acres of agricultural land. Perhaps I may slightly correct the hon. and learned Gentleman here; the point was raised by the Opposition in Standing Committee and was supported by his hon. Friend the Member for Norfolk, North (Mr. Gooch), and not, as the hon. and learned Gentleman suggested, the other way round.
I believe there was an Amendment down at a later stage by my hon. Friend the Member for Norfolk, North (Mr. Gooch), and there were also Amendments down in the name of the hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter). I think the honours are evenly shared.
I am happy to leave it like that. In moving an Amendment I had the support of the hon. Member for Norfolk, North, and in return, in his absence, I gave my support to the hon. Member's Amendment later. Having passed from the credit for producing the Clause, may I proceed, however slightly—to use a fashionable phrase—to denigrate it? This is without prejudice to the general intentions of the Clause which seem to me admirable and which certainly improve the Bill.
The Clause contains two lines of a kind which I personally very much dislike to see in a Statute—lines 31 and 32. I dislike them because they appear to suggest that they are making statutory provision when, in fact, they are making little if any provision to deal with the matter. The words are:
Subject to that—and I appreciate that these are expressions which have appeared in many recent statutes, although they may be none the better for that—I am glad that the ingenuity of the hon. and learned Gentleman and those associated with him has been directed to achieving some improvement in the Bill and to diminishing in any event what was a defect in the Bill. For that reason I hope that the Clause, subject to examination as to its details, or something like the Clause, will eventually find its way on the Statute Book.
I want to add my word of thanks to my hon. and learned Friend for the very handsome way in which he has dealt with the point which I raised. Hon. Gentlemen opposite are having a dispute as to who first raised it. I thought I should have to apologise to some of my hon. Friends when I saw the names of some hon. Members opposite added to an Amendment I had on the Order Paper. I wondered whether I should take comfort from the fact that the class with which I associated had improved—or otherwise—or whether I should just say quite plainly that there was no collusion about this between hon. Members opposite and myself.
The Solicitor-General has made it plain that I had put down an Amendment dealing with the point which he has covered. Hon. Members got in the first blow and I took the opportunity of supporting their Amendment. I am very glad to think that at least upon one phase of the Bill we were in complete agreement. I took very strong exception to the fact that we were singling out a limited number of Service men for treatment different to that being given to others.
My hon. and learned Friend has now come forward with the new Clause and there is a later Amendment dealing with men who have more than two acres attached to their house, which meets the point completely. I am thoroughly satisfied with the Clause, and I am very grateful to my hon. and learned Friend.
I should like to add a word to the chorus, though without entering into the competition as to who uttered the first word in support of the proposal. I thought that the hon. Member for Norfolk, North (Mr. Gooch) would pay a tribute and express a word of thanks to my hon. Friend the Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) for having moved his Amendment in his absence, but that word of thanks was not forthcoming. I am sure that the hon. Gentleman should feel grateful to my hon. Friend for the excellent way in which he put the cogent arguments—which, I think, we thought of first and perhaps someone whispered them to the hon. Member for Norfolk, North—for avoiding the unfortunate distinction between different categories of agricultural tenants.
I should like to get away from reminiscences about the Committee stage, however agreeable they may be, and talk about the Clause instead. I want to say a word about it as a representative of an agricultural constituency in which the people engaged in farming have a very fine military record. In the past it has been found that difficulty has arisen in several different ways.
In the first place, there are men who were keen to enter the Services from their farms but found themselves in the difficulty that they might lose possession of their farms if they did so. Another difficulty was that they might be compelled to remain on their farms and to produce food, which was also a great national service but was against their wills.
If the Minister should unfortunately have to administer the Clause, he should bear in mind that there is a willing spirit of service among a great many farmers who will be affected by it. It should be put on record now that if a Minister of Agriculture should ever have to administer the Clause he should consult the National Farmers' Union and officials in his own Ministry to find out what happened last time. Some very creditable attempts were made by farmers last time to get away and to serve in the Army, and some rather less creditable attempts were made by people who were not farmers to get hold of some land quickly. If the Minister will bear in mind past experience the Clause will fulfil a very vital national purpose which will be appreciated by the farming community.
A very good constituency speech.
Question put, and agreed to.
Clause read a Second time, and added to the Bill.
Clause 2.—(GENERAL RESTRICTIONS ON EXECUTION AND OTHER REMEDIES.)
I beg to move, in page 2, line 21, after "distress," to insert:
I do not propose to go into the arguments at any length, but as regards rates I believe that I am carrying the Government with me when I say that they agree that the distress for rates is definitely to be included in the levy of distress which is meant by the Bill, since there is a later Amendment which expressly refers to it. It may be said that to mention rates is unnecessary, but I feel that it would be better to have it clearly expressed in the Bill.
As to taxes, I referred during the Standing Committee to the case of the Attorney-General v. Hancock. It was held in that case under the Courts (Emergency Powers) Act that the Crown was not bound by the Act and could levy distress for taxes due and unpaid. No hon. Member wishes to see people getting away without paying taxes, but I feel that if we are to protect the Service man against distress for civil debt and distress for rates it is a rather odd position that the Crown should not be in the same situation so far as taxes are concerned.
I hope the Government will accept the Amendment. They would be conceding an important principle, namely, that in the case of a Service man who happens to owe something in the form of taxes, proceedings against his property by way of levy of distress should not be taken in his absence. It does not affect the general position that taxes would still be payable, and there would be other methods open to the Government by way of deductions from pay and so on to recover them; but if we are to agree that the Service man should have his home protected against bailiffs coming in to distrain, such protection should be extended to taxes as well as to rates and civil debt.
I beg to second the Amendment.
I feel sure that the Government will recognise that, in order to achieve the object that they have in mind, it is necessary to have an explicit reference in the Bill to the levy of distress for rates. I am fortified in that by what happened in connection with the Leasehold Property (Temporary Provisions) Act of this Session, when it was found necessary in another place to make an addition to Clause 5 to the expression:
5.30 p.m.
I expressed the view during the Committee stage that the levying of distress covers the levying of distress for rates. We have, as the hon. Member for Henley (Mr. Hay) said, an Amendment down to deal with that point. We are not at issue over the point of substance about the levying of distress in respect of rates. The difficulty in respect of taxes is that the matter is a little complicated. We have considered this point, and I certainly appreciate the force of the observations made by the hon. Member.
To take the case of Purchase Tax, for example, the price has been fixed having regard to the inclusion of the tax in the purchase price so that the person who receives payment, including payment in respect of Purchase Tax, may well be considered—I am not now using technical Chancery phraseology—as being in a trustee position in respect of the tax which he has collected. Therefore, in such a case, the money should be readily available for immediate payment.
That obviously raises a very different kind of consideration from that of a straightforward debt, because in a case such as I have instanced the person would never have had the money but for the incidence of Purchase Tax. He holds it as Purchase Tax and it is a breach of his trusteeship if that money is not available when the demand for the payment of the tax comes.
We have been trying hard to get this Bill, which is rather complicated, through all its stages at the earliest possible moment and its provisions made available to Service men at the earliest possible moment, and the hon. Gentleman will appreciate the kind of difficulty I have mentioned. At the same time, I am sure he will appreciate that if we can deal with the point so as to overcome that kind of difficulty we will very gladly consider it.
I am hoping that the hon. Gentleman will say that he will not at this stage press the Amendment. I should certainly like to consider it to see if we can make some reasonable kind of provision for dealing with the taxation position while safeguarding the position in the case of Purchase Tax and similar instances. That is the difficulty which we have to face. It is for that reason that I am not in a position to accept the hon. Gentleman's Amendment about the levying of distress in respect of taxes.
In answering the case for the Amendment, and in giving an assurance that he will look further at the matter, the Solicitor-General has drawn attention to a case which must be regarded as somewhat unusual—the need to levy distress for outstanding Purchase Tax. By far the most frequent kind of case that will occur in practice is not one of that kind but the much more common case of a person who has fallen into appears in his payment of Income Tax and has then gone away on active service. The Solicitor-General did not deal with that much more common case. I hope that when he is looking at the matter further he will consider the possibility of at all events covering the case of a person falling into arrears of payment of his Income Tax, because that is where hardship is likely to arise.
In view of the statement which the hon. and learned Gentleman has made, I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
I beg to move, in page 4, line 1, to leave out the second "a," and to insert "and exempt private."
Perhaps I may discuss with that, Mr. Deputy-Speaker, a subsequent Amendment, in page 4, line 10. This again arises out of a suggestion made during the Committee stage that the provisions of this Clause should be limited to the one-man company, in effect, that is, the family business concern. It was felt that the Clause as it stands was too wide and included public companies and that we should, therefore, restrict it to what was our object throughout, namely, the family concern. We have done that by ensuring that the Clause shall apply in respect of "an exempt private company" only, that being in effect a family concern.
This Amendment is an improvement. During the Committee stage we drew attention to the fact that the wording of the Bill as it now stands was unduly wide and might lead to some results that were not desired. I think that this Amendment effects a greater degree of precision and is, therefore, desirable.
Amendment agreed to.
Further Amendments made: in page 4, line 3, leave out "the company proves," and insert "it is shown."
In line 10, at end, insert:
In this subsection the expression "an exempt private company" shall be construed in accordance with subsection (4) of section one hundred and twenty-nine of the Companies Act, 1948.— [ The Solicitor-General. ]
Clause 3.—(SCOPE OF PROTECTION.)
I beg to move, in page 5, line 44, to leave out "them," and to insert: clings firmly to the fact that it is remedy with which we are dealing I think the solution works out fairly satisfactorily.
The Clause provides that if the remedy is being pursued against one of several joint debtors, and the one singled out is a Service man, he will be protected by the Bill. His financial circumstances will be taken into account. If he is one of several and the remedy—not liability—is being pursued against the several then the financial circumstances of all those against whom the remedy is being pursued will be taken into consideration with a view to an equitable contribution being obtained.
This Amendment makes sure that the words, in a case where it is sought to exercise a remedy
We had a searching discussion on this very difficult point in Committee, and the hon. and learned Gentleman was good enough to say that he would give it further consideration. It is essential that in questions of remedies great precision should be obtained, and although one is not quite certain that the words of the Amendment are absolutely watertight, they are a great improvement on what was previously in the Bill. We on this side support the Amendment.
Amendment agreed to.
Clause 4.—(SPECIAL PROVISIONS AS TO LEASES AND HIRE-PURCHASE AGREEMENTS.)
I beg to move, in page 7, line 31, to leave out from "if," to the end of line 33, and to insert:
"the court in giving or making the judgment or order was exercising the power conferred by paragraph ( a ) of the First Schedule to the Rent Act of 1933 on the sole ground that rent lawfully due from the tenant had not been paid and was not exercising any other power conferred by that Schedule."
This provision is designed to make it quite certain that protection will not be given where the real ground for the order for possession was not just the non-payment of the rent, but was something else such as, for instance, a nuisance. This point was raised by the hon. Member for Henley (Mr. Hay) and was canvassed at some considerable length in Committee. We agree with his criticisms, and for that reason we propose the inclusion of these words in the Bill.
As the Solicitor-General has just told the House, the Amendment appears as the result of the Government's reconsideration of a point which we suggested in Committee. I suggest that the next Amendment on the Order Paper—in page 7, line 33, at end, insert:
The Amendment refers to the power conferred upon the court to order possession under a ) to ( h ). Those paragraphs set out the grounds and the circumstances upon which the court can grant possession.
My point about the drafting of the Amendment is that there is no doubt that the power to grant an order for possession is conferred by the First Schedule, and not by the paragraph of that Schedule to which reference is made. In other words, it is the beginning words of that Schedule that confer the power to make an order for possession. Paragraph ( a ) merely delineates one set of circumstances where the court is entitled to exercise the power. If the hon. and learned Gentleman will look at the provisions of the First Schedule to the 1933 Act, he will see the point.
5.45 p.m.
There is a second point about drafting with which I should like to deal. The concluding words of the Amendment are as follows:
"on the sole ground that rent lawfully due from the tenant had not been paid and was not exercising any other power conferred by that Schedule."
Following from what I have just said, the power is indeed conferred by the Schedule. The lettered paragraphs set out the circumstances where the power may be exercised, and I suggest that a better form of wording for the last two lines of the Amendment would be:
"and was not exercising the power conferred by that Schedule on any other ground than paragraph ( a )."
If I remember correctly, our point in Committee was that the intention of the Clause was to define the circumstances under which it could be said that a court was granting an order for possession on the grounds of arrears of rent. The Amendment is an attempt to meet that point, but I think I have made it clear that it is the First Schedule as a whole which grants the power and not paragraph (
I fully appreciate the points which the hon. Member for Henley (Mr. Hay) has made so clearly, but I am not sure that he is not splitting hairs. I wonder whether, where there is a paragraph like paragraph ( a ) in the Schedule, which simply connects up with the preceding words and obviously cannot be read apart from them, it is not perfectly legitimate and normal in such a case to refer to paragraph ( a ), which obviously must, and can only, be read in conjunction with the preceding words. I agree, however, that it is important to have this matter defined as clearly as possible, and I will certainly look at it with the hon. Member's observations in mind.
Amendment agreed to.
Clause 5.—(PROCEDURE.)
I beg to move, in page 9, line 6, at the end, to insert:
Secondly, the Amendment extends the protection against the levying of distress for rates, and thirdly, it makes the rules exercisable by Statutory Instrument and subject to the negative Resolution procedure, so that the matter comes before the House and the House can decide on the matters of substance which are included in the rules. This is a matter which was of some considerable concern to the hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter).
I have already made observations on the levying of distress for rates, but perhaps I may mention an additional point on this method of dealing with it. The Courts (Emergency Powers) Act applied to the distress for rates; it was so held on the wording of that Act. The protection under that Act operated only after the warrant was issued. In other words, one could get the warrant first and the debtor could apply for protection afterwards. What we are trying to do here is to ensure that the protection will operate before, instead of after, the warrant is issued, because the issuing of a warrant is obviously an unnecessary provision in that case. This way of handling the matter will have that additional advantage. These are all matters which were very fully considered in Committee.
I assume that the rules which are to be made by the Lord Chancellor will be made by him in conjunction with the Rules Committee normally?
I assume so. I think they will be done in the same way.
I wish to say how glad I am that the hon. and learned Gentleman has agreed that these rules shall be subject to some form of Parliamentary control. It is very unlikely that any hon. Member would want to pray against any of these rules, but it is very important, for constitutional as well as practical reasons, that the authority of the House over these rules should be asserted, and I am glad that the hon. and learned Gentleman has included that provision in the Clause.
Amendment agreed to.
Clause 6.—(INTERPRETATION OF SECTIONS TWO TO FIVE.)
I beg to move, in page 9, line 25, at the end, to insert:
"'rent' includes any sum payable by way of mesne profits."
Clause 6 is a definition Clause. I raised a similar point during the Committee stage on this matter, but unfortunately I did so in connection with Part II, which was not applicable, and the Solicitor-General pointed out where I was wrong and, with a very red face, I withdrew the Amendment. But I think it would be appropriate to make this Amendment here. There are numerous references to payment of rent, particularly in Clauses 2 and 3, and I think it ought to be clear that now includes any sum by way of mesne profits.
I beg to second the Amendment.
This is a very happy come-back on the part of the hon. Member for Henley (Mr. Hay), and I am pleased to accept the Amendment.
Amendment agreed to.
I beg to move, in page 9, to leave out lines 29 to 37.
This is paragraph ( a ) of subsection (2) of Clause 6. This matter was raised in Committee by the hon. and learned Member for Kensington, South (Sir P. Spens). We considered it at some length and with some vigour. We have reconsidered the matter carefully and have come to the conclusion that it would be better on the whole to leave this paragraph out of the Bill. It is a question of balance. It is one of those cases where we have to balance the advantages as against disadvantages.
The effect of leaving out the paragraph would be that contracts before the Bill would be protected. Contracts after the Bill would not be protected, and we are; not concerned with the offers made before or after, which would lead to complications we considered in Committee. Although in some cases it may work a little hardly, on the whole we have come to the conclusion that the arguments put forward outweighed those which could be adduced in favour of the inclusion of the paragraph. I am grateful for the observations that were made in Committee.
I agree with the hon. and learned Gentleman that it is, on balance, better to take the course he is now suggesting. It will improve the practical character of the Bill by removing uncertainties and, perhaps, the cause of future litigation. I think that the Bill is better without the words he proposes to delete.
Amendment agreed to.
Clause 8.—(GENERAL RESTRICTIONS ON EXECUTION AND OTHER REMEDIES.)
I beg to move, in page 12, line 3, to leave out "the debtor proves," and to insert "it is shown."
During the Committee stage the hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) asked me for an assurance that all those parts of the Bill which applied to Scotland should run parallel with the provisions relating to England. I gladly gave that assurance, and this and the five following Amendments give effect to it. They are all consequential on matters we have already considered.
Amendment agreed to.
Further Amendments made: In page 12, line 9, leave out "any," and insert "an exempt private."
In line 11, leave out "the company proves," and insert "it is shown."
In line 17, at end, insert:
In this subsection the expression "an exempt private company" shall be construed in accordance with subsection (4) of section one hundred and twenty-nine of the Companies Act, 1948.
Clause 9.—(SCOPE OF PROTECTION.)
Amendment made: In page 13, line 36, leave out "them," and insert:
"the persons against whom it is sought to exercise the right or remedy."
Clause 12.—(INTERPRETATION OF SECTIONS EIGHT TO ELEVEN.)
Amendment made: In page 15, leave out lines 23 to 30.—[ The Solicitor-General for Scotland. ]
Clause 13.—(PROTECTION OF TENURE OF PREMISES OCCUPIED UNDER A LETTING.)
I beg to move, in page 16, line 10, after "tenancy," to insert "at a rent."
This Amendment and the next three Amendments are to meet the point raised in Committee that the definition of "a rented family residence" was defective because of the very obvious reason of the absence of any reference to rent, and these words are inserted to cure that defect. Tenancies in respect of which no rent is paid are not excluded from protection by reason of these words in the definition because they are dealt with later by words which bring in rent free tenancies.
Amendment agreed to.
Further Amendments made: In page 16, line 10, after "premises," insert "being a tenancy."
In line 15, after first "of," insert "such."
In line 15, after "premises," insert "being a tenancy."—[ The Solicitor-General. ]
I beg to move, in page 16, to leave out lines 28 and 29.
I have already made observations on this Amendment dealing with agricultural holdings. The whole object is to ensure that where there is a dwelling-house with agricultural land exceeding two acres, they are brought in. The agricultural holdings are dealt with separately under the new Clause.
6.0 p.m.
We had put down an Amendment in identical terms, and therefore we welcome this Amendment.
This Amendment goes a little further than the new Clause, though we discussed its general principle when we discussed the new Clause. This is the first time in which the words which would have excluded the protection given by this Bill from people who hold a house with two acres of agricultural land appear in the Bill. Therefore, this is the first time, in view of the Government decision, that they are taken out.
In view of the controversy at an earlier stage with the hon. Member for Norfolk, North (Mr. Gooch), I invite the hon. Gentleman to inspect the OFFICIAL REPORT of the Committee stage where, at column 123 of those not particularly brief proceedings, the hon. Gentleman will see that an Amendment with this effect was moved by myself and supported by my hon. and gallant Friend the Member for the Isle of Ely (Major Legge-Bourke). Then, at that stage, the hon. Member for Norfolk, North, gave us the weight of his support which, I am sure, must have been quite decisive.
The hon. Gentleman has got his facts right, but I want to make it plain that, although I came in as the last speaker, I hoped that the words I had to say would have the desired influence upon the Solicitor-General. I think that they must have had that influence. Although I thought at one stage that he was giving a lot away, when I found that he was ready to give a little away to me my hopes rose. I am grateful to the Solicitor-General for putting down this Amendment.
Amendment agreed to.
Clause 14.—(PROTECTION IN CASE OF LETTING WITH FURNITURE OR SERVICES OR WHERE ACCOMMODATION IS SHARED WITH THE LANDLORD.)
I beg to move, in page 16, line 36, after "protection," to insert "either."
I should like to suggest that we discuss at the same time the Amendment in line 41. The first Amendment is purely drafting in order to lead up to the second. The position is that subsection (1, a ) was amended in Committee so as to apply Clause 14 not only to furnished lettings but also to allow for payment for the use of furniture or for services. These were brought within the Clause by a separate subsection, which is now subsection (2).
We have endeavoured to simplify the drafting by this Amendment to Clause 14. We are introducing a new subsection (2) and making this Amendment to subsection (1, a ) bring the matter rather more compactly together.
Obviously this is mainly a drafting point, but if the object was to simplify, reference might have been made to Section 7 of the Landlord and Tenant (Rent Control) Act, 1949, to avoid all the lengthy words being used.
Amendment agreed to.
Further Amendment made: In line 41, after "services)" insert:
"or on terms of sharing with the lessor."—[ The Solicitor-General ]
I beg to move, in page 17, to leave out lines 11 to 31, and to insert:
(2) The reference in paragraph ( a ) of the preceding subsection to a letting on terms of sharing with the lessor is a reference to a letting under which—
This Amendment meets the point raised by the hon. Member for Wolverhampton, South-West (Mr. Powell) by providing that an application may be made to the tribunal for security of tenure where the letting involves sharing of accommodation when the rental is sufficient of itself to prevent the Rent Acts from applying.
Amendment agreed to.
Further Amendments made: In page 17, line 35, leave out "either of the two preceding subsections," and insert
"paragraph ( a ) of subsection (1) of this section."
In line 39, leave out "the two last preceding subsections," and insert "subsection (1) of this section."—[ The Solicitor-General. ]
Clause 15.—(PROTECTION IN CASE OF NON-FURNISHED LETTINGS NOT WITHIN THE RENT ACTS.)
I beg to move, in page 18, line 40, at the end, to insert:
( d ) that immediately before the ending of the tenancy qualifying for protection those premises were let together with agricultural land exceeding two acres in extent but were not such a dwelling-house as is mentioned in paragraph 1 of the Seventh Schedule to the Agricultural Holdings Act, 1948 (which excludes from the Rent Restrictions Acts any dwelling-house which is comprised in an agricultural holding and is occupied by the person responsible for the control, whether as tenant or as servant or agent of the tenant, of the farming of the holding).
This is part of the general scheme to deal with agricultural holdings. I think that the Amendment is perfectly clear, and I do not think that I can usefully add anything to it.
Amendment agreed to.
I beg to move, in page 18. to leave out lines 41 to 47.
The object of this Amendment is to ascertain whether the Solicitor-General has come to any conclusion on a point of some importance which was put to him in Committee. It was that there may be tenancies which are in the nature of service tenancies where, nevertheless, rent is paid, though it is rent less than two-thirds of the rateable value. In those cases the tenancies are not treated by the Bill as it stands as service tenancies, which are dealt with either under the heading of licences or as rent-free tenancies by virtue of Amendments we have made, but are dealt with merely as tenancies at an exceptionally low rent. Consequently, they obtain automatic protection by becoming statutory tenancies subject to the fact that the rent can be raised in order to become the standard rent.
Therefore, I ask the Solicitor-General if he can tell the House whether the Government have found any way in which this hybrid as between a tenancy at an abnormally low rent and a service tenancy can be dealt with within the terms of the Bill with fairness to the landlord as well as to the tenant. The appropriate part of the proceedings in Standing Committee can be found in columns 145 to 148 of the OFFICIAL REPORT.
I beg to second the Amendment.
The difficulty we feel about this question is that in principle, so far as this Bill is concerned, there is no distinction between persons who occupy houses in connection with their employment under licence or rent free, or at a low rent. One of the objects of the Bill is to protect families of Reservists from eviction from tied houses when the Reservists are called up for service. Clause 17 gives protection to persons who occupy houses under licence. We propose to extend Clause 17 to apply to persons who occupy premises in connection with their employment under a tenancy but pay no rent. They are dealt with in the same way as the licensees.
If that principle is applied, it should equally apply here. In that case, I fail to appreciate the case for the elimination of this provision. It seems to me that this subsection should stand in accordance with the principle which we already apply under Clause 17.
The Solicitor-General has offered to hear an explanation why this subsection should be deleted, and I think that my hon. Friend the Member for Handsworth (Sir E. Boyle), during the proceedings in the Standing Committee, put forward the arguments very clearly.
The reason we were worried about this provision is that it frequently happens that a firm or business, often quite big industrial works, will acquire a number of small houses in the immediate locality of their undertakings, because they require these houses for key personnel, people who may be called upon to do something in connection with their employment at any time of the day or night.
The position regarding their occupation of these houses is clear. The firm concerned lets the premises to them—quite often they are managers—and they pay some sort of rent, though it may be less than two-thirds of the rateable value, and therefore the letting is outside the Rent Acts. What will be the position if such a man is liable to recall, and is, in fact, called up? Protection will be given to the family in respect of these premises, but the occupation of the premises may be vitally necessary for a replacement, who will be doing an equally important job in connection with the works. That is the difficulty.
I feel that this is a matter on which we might have had some kind of offer, because I cannot see that industrial production—and some of it may be easily attributable to the re-armament drive—will be in any way assisted if, in fact, the firm concerned has not got possession of a house which has been let on this basis to some key individual. I realise that there must be a balance here, and what we have to decide is whether that aspect of the matter is more important than the necessity of protecting the Service man's family.
I would say, on broad national grounds, and with every sympathy for the Service man's family, that in these circumstances the needs of the industry concerned ought to come first, but obviously it is a matter upon which opinions may differ. I hope that the Solicitor-General will say something more about his refusal to remove this subsection, and I hope that he will, between now and the time when this Bill goes to another place, reconsider the whole position.
6.15 p.m.
I am very much obliged to the hon. Gentleman, but this matter was, of course, very fully canvassed in Committee. Taking the argument which the hon. Gentleman has now put forward, which represents succinctly the debate we had in Committee, the first distinction which I ventured to draw was the impossibility of distinguishing between the tenancy which was under two-thirds of the rateable value and the protection which it is proposed to exclude from cases where we may have a Service licensee, for which protection will be provided in Clause 17; in other words, the decision whether or not protection will be given would depend entirely on the chance whether he was a licensee or whether he was paying rent less than two-thirds of the rateable value.
6.15 p.m.
Coming to the point on which the hon. Gentleman invited me to make some observations, this connects up with the whole of the argument on public policy, and to answer it I gave reasons in Committee. I hope I shall not unduly weary the House if I refer to them here. The difficulty about public policy, of course, is that this is so wide a term that it is, in fact, impossible to cope with it unless we restrict it to a certain class of beneficiaries, to put it that way. It is not a form of solution which I myself like, and I say that quite frankly. If we can define these things in terms of general application, I am all in favour of that being done, but the difficulty is to find a workable definition which will really deal with the kind of cases with which we want to deal.
Taking this as an instance—and the hon. Gentleman has referred quite fairly to cases in which it would be advantageous to the community as a whole that possession should be obtained as against the Service man—I am sure that the hon. Gentleman will see at once that the elimination of this subsection would mean that it is not merely the landlord who, in that particularly desirable case, would have the advantage under this subsection, because the tenant, however unmeritorious his case, would equally have an advantage.
It is a case of balancing, I completely agree. One simply has to plough one's way through the alternatives, and decide where to draw the line. When we consider this kind of case, we find that there will be fewer cases where it will be hard on the Service man than where it will be meritoriously disadvantageous to the landlord.
For these reasons, I advised the Committee to reconsider this Amendment, and I have not since been influenced by arguments which would bring me down on the other side. I think the balance of advantage is gained by maintaining this Clause, and I therefore regret that I am not in a position to accept the Amendment.
The Solicitor-General has put both sides of the case in regard to this Amendment, and has shown that, within the framework of the Bill, where the scale is trembling, we have to depress it on the side of the Service man. In view of what he has said, I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
I beg to move, in page 20, to leave out lines 13 to 21, and to insert:
(6) In determining under paragraph ( c ) of the last preceding subsection what rent is reasonable for the protected premises the tribunal shall have regard to the terms and conditions (other than terms and conditions fixing the amount of the rent) of the statutory tenancy to which, by virtue of subsection (1) of this section, the premises are for the time being subject or will become subject on the ending of the tenancy qualifying for protection, as the case may be, but save as aforesaid shall disregard any considerations arising from the personal circumstances of any of the parties.
This Amendment seeks to omit subsection (6) from Clause 15. During the Committee stage, hon. Gentlemen opposite put down Amendments requiring the tribunal which is determining the rent to disregard any considerations arising out of the personal circumstances of the parties. There was an objection to the form of the Opposition Amendment, and it was that subsection (6) as now drafted follows Section 1 (4) of the Landlord and Tenant (Rent Control) Act, 1949, and that to insert the words which it is proposed should be inserted might imply that the tribunal, in considering applications under the 1949 Act, should have regard to the personal circumstances of the parties. We were concerned about the similiarity of the wording of the two Acts, and lest the introduction of the Amendment would lead to an unfavourable interpretation in the case of the 1949 Act. For that reason, we have redrafted subsection (6) so as to eliminate the possibility of that difficulty arising.
The object of the Amendment which we moved in Committee, as the Parliamentary Secretary to the Ministry of Local Government and Planning will no doubt remember, was to add the proviso that no consideration should be given in determining the rent to the personal circumstances of any of the parties. That was our purpose, and I am glad that, on reflection, the hon. and learned Gentleman has been able to embody it in this Amendment.
We had a considerable discussion on this during the Committee stage and the hon. and learned Gentleman then advanced an argument with the utmost conviction, vehemence and force, concluding his argument by saying that the insertion of those words was quite inappropriate in this Bill. I am very glad that on reflection he has found that we were right and he was wrong. I hope that he will reflect more, because the more often he does so the more he will come to the same conclusion. I am very grateful to him for the results of his reflection.
Amendment agreed to.
Clause 17.—(PROTECTION OF TENURE OF PREMISES OCCUPIED UNDER A LICENCE IN CONNECTION WITH EMPLOYMENT.)
I beg to move, in page 21, line 34, after "employment," to insert:
"or by virtue of a tenancy so granted otherwise than at a rent (in this section referred to as a 'rent-free tenancy')."
This is consequential on the Amendment, in page 16, line 10, to Clause 13, and its purpose is to bring within the protection the rent-free employee who was excluded by the Amendment to Clause 13. We are bringing that category of employee into this part of the Bill because he is now excluded from the protection under another part of the Bill.
Amendment agreed to.
Further Amendments made: In page 21, line 40, after "tenancy," insert:
"at a rent."
In line 45, after "licence," insert:
"or of the rent-free tenancy, as the case may be."
In line 46, at end, insert:
"at a rent."—[ The Solicitor-General. ]
I beg to move, in page 22, line 1, after "conditions," to insert:
"(excluding any terms or conditions relating to the employment)."
This, again, meets the point raised in Committee by the hon. Member for Wolverhampton, South-West (Mr. Powell). The effect of this Amendment will be that an employer will not be able to apply to the court for an order for possession on the ground that the Service man has failed to carry out an obligation of the tenancy which, quite clearly, he could not carry out while away on service. We recognise the validity of the point, and we therefore cover it by this Amendment.
I am much obliged to the hon. and learned Gentleman for moving this Amendment. The Amendment which I moved was to insert the words:
"not being terms or conditions relating to the employment."
I now see that I was wrong and should have moved the Amendment in the form:
"excluding any terms or conditions relating to the employment."
However, I am not without any real hope that should I in future move an Amendment to insert the words:
"excluding any terms or conditions,"
I shall have to withdraw it so that it can be inserted at a subsequent stage in the form of "not being."
Amendment agreed to.
Further Amendment made: In page 22, line 2, after "licence," insert:
",or the rent-free tenancy, as the case may be."—[ The Solicitor-General. ]
I beg to move, in page 22, line 3, after the second "be." to insert:
"during the period of protection."
Hon. Gentlemen opposite will remember a certain amount of altercation about this in Committee. What we have done is to try to avoid any further altercation by the insertion of these words. It was really a drafting point, and I do not think I need detain the House any longer on it.
I do not think we need detain the House on this Amendment. Apparently, the words
"during the period of protection."
refer to the shorter form "during that period," which is the Amendment in our name. I should have thought that the shorter form was more attractive, but as one never succeeds in getting the form of one's Amendment accepted by the Parliamentary draftsmen, I fear we shall have to accept the alternative now put forward by the Government.
Amendment agreed to.
Further Amendment made: In page 22, line 5, leave out from "so," to end of line 6.—[ The Solicitor-General ]
I beg to move, in page 22, line 10, to leave out from the beginning to "and," in line 13, and to insert:
"if the grant in question was of a licence and a rent not less than two-thirds of the rateable value of the premises was payable in respect thereof immediately before the beginning of the period of service, the standard rent of the premises shall be that rent."
This is consequential on the inclusion in this Clause of rent-free tenancies.
Amendment agreed to.
Further Amendments made: In page 22, line 15, leave out from beginning, to "then," in line 17, and insert:
"if the grant in question was of a licence and no such rent as aforesaid was payable as aforesaid, or if the grant in question was of a rent-free tenancy."
In line 37, after "licence," insert:
",or the rent-free tenancy, as the case may be."—[ The Solicitor-General. ]
I beg to move, in page 22, to leave out lines 40 and 41.
This Amendment deals with agricultural land exceeding two acres in extent, a matter which I have already canvassed before the House.
Amendment agreed to.
Further Amendments made: In page 22, line 42, after "licence," insert:
",or the rent-free tenancy, as the case may be."
In page 23, line 3, after "section," insert:
"in a case where the grant in question was of a licence."—[ The Solicitor-General. ]
I beg to move, in page 23, line 4, to leave out from "premises," to "it," in line 12.
This Amendment makes an improvement in the interest of the Service man on lines suggested during the Committee stage. It was originally provided that where the employer is himself the tenant of the premises and had allowed his employee to occupy them under licence, and where his interest in the premises ended by the ending of the lease or otherwise, the landlord should not be prevented from getting possession against the Service man. The view of the Committee was that it was reasonable in such circum- stances that the Service man should be protected against the landlord, and the Government are happy to agree with that view. For that reason, this Amendment has been put down.
6.30 p.m.
I am glad that the Solicitor-General has seen his way to make this small but, I think, not unimportant extension of protection to the Service man, and that in this case his eye and his mind were not distracted by my own name and those of my hon. Friends being attached to exactly the same Amendment.
Amendment agreed to.
I beg to move, in page 23, line 12, after "treated," to insert "for any purpose."
This is merely to say more clearly that the reference in the subsection covers the case where it would not only be a breach of the terms of tenancy of the employer but also a breach of the terms of tenancy of a superior mesne landlord.
Amendment agreed to.
Further Amendments made: In page 23, line 17, after "licence," insert:
",or the rent-free tenancy, as the case may be."
In line 19, leave out "licence granted," and insert "grant."
In line 24, leave out "licence granted," and insert "grant."—[ The Solicitor-General. ]
Clause 18.—(LIMITATION ON APPLICATION OF RENT ACTS BY VIRTUE OF SECTIONS FIFTEEN AND SEVENTEEN.)
Amendments made: In page 23, line 26, leave out from "of," to "or," in line 27, and insert:
"any of the three last preceding sections."
In line 32, at end, insert "or sixteen."
In page 24, line 16, after "Act," insert:
"or apply by virtue of section sixteen of this Act."
In line 43, leave out from "in," to end of line 44, and insert "subsection (3), of this section."
In page 25, line 1, leave out from "if," to "had," in line 2, and insert:
"the three last preceding sections."
In line 6, at end, insert:
(7) References in this section to premises to which the Rent Restrictions Acts apply by virtue of section sixteen of this Act are references to premises to which those Acts apply in accordance with the provisions of section eight of the Rent Act of 1949, in a case where the said section eight applies as mentioned in subsection (1) of the said section sixteen.—[ The Solicitor-General. ]
Clause 19.—(MODIFICATIONS OF RENT ACTS AS RESPECTS OCCUPATION BY EMPLOYEES.)
I beg to move, in page 25, line 41, to leave out from "are," o "and," in line 45, and to insert:
"statutory undertakers or a local authority or development corporation having public utility functions."
On a point of order, Mr. Speaker. With a view to assisting the discussion, I think it would be convenient if we took this Amendment together with the next Amendment on the Order Paper in the name of the Minister, the Amendment in page 26, line 3, after "employment," to insert:
"in connection with their public utility functions."
It would be more convenient to discuss them together and it would save time.
That is omitting the Amendment in the name of the hon. and learned Member which comes in between—in page 25, line 45, after "are," to insert "urgently."
I understood that that Amendment was not selected. If it has been selected I should like to reserve the position of that Amendment, if I may.
I was going to select that Amendment, but I will preserve the hon. and learned Member's right and allow both the Amendments in the name of the Minister to be discussed together as it will save time.
This Amendment in page 25, line 41, taken in conjunction with the Amendment in page 26, line 3, and I think the second Amendment in page 26, line 11, gives effect to the intention I expressed on behalf of the Government in Committee that the powers of this subsection should be available only to statutory undertakers and public bodies in the exercise of their functions as statutory undertakers.
The point which I stressed then was that it should be restricted to their statutory undertaking functions and should not be available to such bodies as new corporations and so on which would otherwise have those powers available for functions other than statutory undertaking functions. It is in accordance with that undertaking given on the Committee stage that this Amendment has been put down.
This is an important Amendment which has been tabled as a result of arguments advanced by my hon. Friends and myself during the Committee stage. As a result of considerable discussion we narrowed the field of difference between us on this point. As the Clause stood originally it gave a position of great privilege to local authorities and to new towns and to statutory undertakers in that they were empowered to obtain possession of premises occupied by Service men without showing that alternative accommodation was available.
I think it was recognised on both sides of the Committee that in connection with certain employments it is essential for the conduct of those employments, such as railways, canals, water services and sewerage works that premises should be readily made available for those performing those duties. The Solicitor-General, having heard our argument, said he would table Amendments to ensure that those bodies would only be able to obtain possession without proving alternative accommodation was available where the accommodation was required for the purpose of carrying out what I may call one of these essential services.
indicated assent.
I am glad to see the Solicitor-General nod his head, because that was his undertaking as I understood it and I am sure he has done his best to carry it out. But I do not think the wording of this Amendment carries it out precisely. He will see that there is nothing in this Amendment to ensure that these bodies will only be able to apply for possession without showing alternative accommodation is available where it is required in connection with essential services.
All that this Clause, as now drafted, says is that the landlords must be statutory undertakers or local authorities or development corporations having public utility functions. Once the statutory undertaker comes within that definition, he can, under the Clause, still seek to obtain possession without showing alternative accommodation is available even though the premises are not required in connection with an essential service. As I read the Government Amendment it is not intended that the Clause should operate in that way, but I do not think the Amendment as drawn carries out what the Solicitor-General wants it to carry out.
I may have misunderstood it, for one has not had much time to look at these Amendments. But it seems to me that under the Clause as amended it will be open to any new town which has public utility functions to go along to the court and say that it wants possession without saying it has alternative accommodation not only where the performance of an essential service is involved, but also in connection with finding accommodation for any of its employees. I do not think that the wording is quite sufficient to make it clear that the hon. and learned Gentleman's expressed intention will be given effect to.
The other point about which we were very concerned was that the court should be satisfied that it was not possible for the statutory undertakers, local authorities or new town corporations to find alternative accommodation before it made an order granting possession without alternative accommodation being offered. I think that the proviso in page 26, line 11, is a great improvement because it deals with that point and makes it quite clear.
I was a little surprised when the hon. and learned Gentleman came to refer to the proviso. I may be wrong—I may have misunderstood the hon. and learned Gentleman and, indeed, the subsection itself—but I think my answer to the hon. and learned Gentleman was that there was to be a reference to the proviso. I do not know if that meets his difficulty. I am anxious that we should clear this matter up between us, and if there is any misunderstanding I should like to have it disposed of now.
I am invited to try and make myself clear. I hope I have not misread the Clause. Dealing with line 41 first of all, the definition there is now to be:
"statutory undertakers or a local authority or development corporation having public utility functions."
Pausing there, there is nothing to say that the power given by this Clause is to be limited to seeking to make provision for essential services.
So far, that is right.
The Amendment in page 26, line 3, relates to their public utility functions.
Yes.
That may cover the point. It is intended to do so, but that again is a rather wide phrase. I was thinking that as a matter of drafting it would be much better if the hon. and learned Gentleman could insert somewhere words to the effect that they could make use of this Clause for the particular purpose. I am not quite sure that it is satisfactorily drafted in that respect; but with regard to the alternative accommodation part, I was saying that I think that is satisfactorily dealt with by the proviso.
6.45 p.m.
I appreciate that this is a most complicated Bill, and I am sorry that the hon. and learned Gentleman has not had more time to consider the Amendments. I think that his difficulty is, however, met—I agree entirely with his observations—on page 25, line 41. I would go further and say, that it would be questionable whether it would be met by the insertion of the Amendment in page 26, line 3, taken of itself. I think the difficulty is removed when one comes to the Amendment in page 26, line 11, where we have the definition of public utility functions:
"… the expression 'public utility functions' means powers or duties conferred or imposed by or under any enactment, being powers or duties to carry on a statutory undertaking (as defined in the said Act of 1947) or to provide public sewers"
or drainage, which was the point mentioned. I think the hon. and learned Gentleman's point is met, but if there is any difficulty I will gladly see that it is considered.
6.45 p.m.
When the House has-made the Government Amendments in, page 25, line 41, page 26, line 3, and page 26, line 11, the shape of this Clause will go a very long way to allay the difficulties which were felt by hon. Members on this side of the House about the original form of this Clause. The great advance which has been made makes me hopeful that the Government may be willing to consider the remaining difficulties which some of us feel and which I should like to put to the hon. and learned Gentleman briefly.
The proviso which it is proposed to insert in page 26, line 11, specifically excludes the police authorities from its ambit. It was explained in Committee that the police authority was always deemed to be acting in the urgent public interest in securing accommodation for one of its employees since it would only do so if that employee were needed for police duties in the area. That may have been the reason in the mind of the draftsman in excluding paragraph ( b ) with reference to police authorities from the benefit of the proviso.
I would, however, put to the Government that now they have opened this question of alternative accommodation as one that the court is definitely directed to take into account as a matter of reasonableness, there is no reason to exclude the police authority, and the proviso ought to apply to the whole subsection and not merely to paragraph ( a ). That is my first point which I would like the hon. and learned Gentleman to consider.
My second point is even more substantial. The point which the court is asked to consider is whether the body seeking the order or judgment have at their disposal any vacant accommodation which would be suitable as alternative accommodation. That is very narrow because, on the whole, the statutory undertakers, local authorities and police authorities, if it is decided to bring them within the ambit of this proviso, do not usually keep a great deal of vacant accommodation in reserve in case they might need to put someone into it. Therefore, the number of cases where the court would be likely to decide that in fact they had available vacant accommodation which was suitable should be very small indeed.
That is very different from what a private landlord has got to show; it is very different from the duty placed upon a private landlord who wants to get a tenant out of one of his houses by saying that there is suitable alternative accommodation. He has to go of his own volition and find accommodation of a suitable kind and in a suitable place. I do not see why, if there is time to do it, these statutory and local authorities and the police authorities should not have the obligation of looking for suitable accommodation and offering it to the family that they intend to dispossess.
I therefore ask the hon. and learned Gentleman to consider whether he would at a late stage modify this proviso so far as to substitute for the words
I cannot believe that the hon. and learned Gentleman has put down this proviso with the intention that it should be only extremely exceptional that it should have any effect; I believe his intention is that it should be a real protection. On reflection, I think he will see that it would only be a real protection if the condition of vacancies being already at the disposal of the authority is not maintained, and that they should be required to show that they could not reasonably have offered or obtained suitable accommodation.
The third point I would ask the Solicitor-General to consider was touched on by my hon. and learned Friend the Member for Northants, South (Mr. Manningham-Buller), namely, the words:
In other words, the accommodation should be required not merely "in connection with" these functions but to enable the functions to be discharged. I feel sure that the hon. and learned Gentleman can find formulas to substitute for "in connection with" which would tie down the authorities more closely and ensure that these powers were invoked only when their invocation was necessary for the discharge of the functions concerned.
I share the doubts of my hon. Friend the Member for Wolverhampton, South-West (Mr. Powell) as to whether the proviso to be inserted in page 26, line 11, goes far enough. I recognise that it is an attempt to go further than the Bill originally went, and further in the right direction, but I stress not only what has been said—the fact that the words "at their disposal" could be narrowly construed, since, as we all know, there is very little vacant property in anybody's possession in this country at the moment—but also that I do not think the Clause goes far enough with respect to the duties which it imposes upon the judge.
As I understand it, this question of whether the plaintiff has at his disposal alternative accommodation is one of the matters which the judge will have to consider in deciding whether, in all the circumstances, it is reasonable to make the order. The Solicitor-General will recall that in Committee it was suggested that he should go further than that and make the plaintiff satisfy the court that, despite all his efforts, he could not find any alternative accommodation—that is to say, that this was not to be a factor upon which the judge was to exercise his mind in coming to a conclusion whether it was reasonable to make an order, but that it should be a condition precedent to making an order. I am bound to say that nothing which has been said since has made me recede from that position.
If statutory undertakers are to be relieved of the duty to find alternative accommodation, it should be under very strict conditions indeed, and one of those strict conditions should be that they should have to go to the court and tell the court that they have used their best efforts to find alternative accommodation but have failed to do so. For that reason, I am bound to say that I do not think this proviso goes far enough.
The other matter to which I would refer is one which, I am bound to say, compels me to disclose some disappointment, and it concerns what has been done in limiting the class of what we described in the Committee as the "privileged landlords." At column 237 of the OFFICIAL REPORT of the Standing Committee, I asked the Solicitor-General whether I was
It seems to me that the proposals advanced in this batch of Amendments, although admittedly an advance—and being an advance I feel I cannot oppose them—are somewhat disappointing in view of the assurances given in Committee. I am not saying, and I do not want to be understood as saying, that there has been any violation of any undertaking. The hon. and learned Gentleman was far too careful in what he said to expose himself to any such suggestion, but I am bound to say that the arguments adduced in Committee should, in my opinion, have induced the Government to move a good deal further than they have in the right direction, and I cannot let the Amendments pass without expressing my own disappointment that we are still to leave a substantial number of men whom this Bill is designed to benefit with, in my view, insufficient protection against a very large number of landlords.
I wish to support what was said by my hon. Friend the Member for Wolverhampton, South-West (Mr. Powell) in dealing with the Amendment in page 26, line 11—on the subject of alternative accommodation. I cannot help thinking that this Amendment, in the form in which the Government have placed it on the Order Paper, is of far more limited use than the Government themselves intend. The words "have at their disposal any vacant accommodation," for the reasons given by my hon. Friend, will make the proviso largely nugatory. I feel certain that this is not the Government's intention, but I do not think these words "have at their disposal" would cover the case where the authority could readily obtain it.
Perhaps the hon. and learned Gentleman has considered the words more carefully, and, if he tells me I am wrong, I will accept his correction. Many of these statutory bodies, such as the new towns, though they may not have vacant accommodation at their disposal at the moment, may be able to obtain it very readily, and it may be reasonable that they should do so. I feel quite certain that it is the Government's intention in such a case that that should be a matter which the learned judge could take into consideration, but I agree with the comment of my hon. Friend the Member for Wolverhampton, South-West, that the words as they stand are too limited.
I am sorry if there has been any misunderstanding about this. The point was very fairly put by the hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) and I am most anxious to clear it up. These Amendments arose very largely in this way. Hon. Members opposite were concerned with a case of local authorities in new development corporations who had' houses at their disposal and who could readily make them available to Service men. It was from those criticisms that both the Amendment dealing with alternative accommodation and also the Amendment dealing with statutory functions arose.
Let me deal first with the question of statutory functions. If the hon. Gentleman would be so good as to look higher up the page from which he quoted, he will find that he said:
At that time we were considering the reference to the very Section in the Town and Country Planning Act to which the hon. Gentleman referred where these things are set out. The difficulty was that carte blanche was being given to local authorities and to new development corporations, and it was feared that they might use their power for purposes which were not obviously the statutory undertaking function referred to in the rest of that Section. It dealt with services generally, not with any specific variety of service, and we had services generally in mind by reference to that Section.
Coming to alternative accommodation, the criticism was made that new towns and local authorities would have accommodation available, so why should they not make it available for the Service man? It is for that reason we have the Amendment in this form.
But the hon. and learned Gentleman appreciates that there is a difference between a local authority being able, without really serious difficulty, to offer suitable accommodation and having it actually vacant at its disposal at the moment?
I am coming to that, but I am dealing with it in stages. At the moment I am shedding everything except the local authority and the new towns. I am saying that we concentrated upon the local authorities and the new towns in their non-statutory undertaking functions; that is to say, those functions which they did not have in common with the bodies mentioned in the Section of the Town and Country Planning Act to which the hon. Gentleman has referred.
Now I come to what should be the test of availability. Normally it was contemplated that there would be vacant houses available in the hands of a new town or of a local authority. What I had in mind was that vacant accommodation should be taken into consideration in considering whether or not the order should be made. I emphasised that the judge should have a discretion because there might be circumstances in which, although there was a house available, it might be required far more urgently by some poor family with a large number of children, the father of whom was not a Service man, whereas the wife of the Service man with no child was earning money separately and there would be no substantial inconvenience involved in preferring the poor family when this other accommodation was readily available.
For that reason it seemed desirable to retain a discretion in the county court judges. Certainly under the Emergency Powers Act the courts have not been at all backward in protecting the interests of the Service man, as all hon. Gentlemen familiar with this matter will recognise. If we said not merely "vacant possession" but "possession can be made available," we should be trespassing on difficult considerations immediately. If the possession is vacant, it is covered by the Amendment. If it is not vacant, there is somebody in occupation of it. Therefore, the only circumstances we can contemplate are those in which we are, for some reason or other, going to turn out somebody in occupation.
With great respect, I might be able to help shorten this. The case might well be that the statutory undertakers go to the county court for an order and at the actual time the matter comes up for hearing they have no vacant possession available at their disposal, but that by the time the order for possession becomes operative, they have accommodation available. This wording does not seem to me to cover that latter case and I suggest that it should read:
"the body seeking the order or judgment have or will have at their disposal any vacant accommodation …"
The word "suitable" which comes in later would entitle the county court judge to take into account the factors which the hon. and learned Gentleman suggested, where there might be another family with an even stronger claim to the alternative accommodation. The Solicitor-General has not dealt with the point that the words are so limited as to apply to the actual time of hearing before the court and not the time when the order for possession might be made.
I am much obliged. With regard to the word "suitable," I do not think it would have the effect which the hon. and learned Member thinks. However, I think there is some substance in his observation about the time. The intention obviously is that if the vacant possession is available at the material date, that should be taken into consideration even though it is not vacant at the specific moment. As I understood the argument of the hon. and learned Gentleman, it was along the lines that, even if somebody was in occupation, nevertheless it should be made available somehow or other. That is not even required under the Rent Restrictions Acts. However, the position is now clarified as a result of the intervention of the hon. and learned Gentleman and I will gladly consider that point.
The only other question was with regard to the police. I repeat what I said in Committee, that police only take houses where it is necessary to do so for police functions. If necessary they must be made available, but the police authorities themselves are not housing authorities, although connected with housing authorities and with local authorities. They get their houses by arrangement with local authorities on leases. So they are not in the same position as local authorities who can or may be in possession of vacant suitable alternative accommodation.
May I put this question to the hon. and learned Gentleman? Can there be any possible harm in bringing police authorities within the scope of this proviso? If they are also housing authorities, or closely connected with housing authorities, they may be able by the material date to make that accommodation available. If they are not, this proviso places no obstacle in their way. I cannot see that the hon. and learned Gentleman will lose anything by bringing police authorities within the terms of the proviso as he has drawn it.
Nor would the hon. Gentleman gain anything.
Amendment agreed to.
I beg to move, in page 25, line 45, after "are," to insert "urgently."
This is a drafting Amendment and is, I think, consequential on the Amendment that the hon. and learned Gentleman has just moved. The hon. and learned Gentleman looks extremely surprised, but I hope I shall be able to convince him that it really is consequential, and necessary to insert the word "urgently" so as to make sure that the procedure of trying to get the possession of the property without showing that there is alternative accommodation available—this privilege which is being conferred on new towns and others at the expense of Service men—will be exercisable only if it can be shown to the satisfaction of the court that, in fact, the accommodation is urgently required.
I am sure that it is the hon. and learned Gentleman's intention that this Clause shall be used only when the accommodation is or will be urgently required. Surely it is not one to be used in any other circumstances. This is really a drafting Amendment to make sure that it is desired that these exceptional powers shall be exercised only where there is a real need.
My difficulty here is that, of its very nature, the urgency of the matter is a matter which the court would take into account. If the authority required, if the applicant required, the house at some unspecified date or at some considerable time ahead, it would not be a matter of urgency. Quite clearly, the court would not let it have the house. The court will exercise its discretion judicially. The urgency of the application is an essential part of the application. Nor, indeed, would anybody advise any landlord to make an application under the Bill unless he really urgently required the house. It is for that reason that it seems to me that this point is already covered by the discretion that the county court judge has.
Amendment negatived.
Amendment made: In page 26, line 3, after "employment," insert:
"in connection with their public utility functions."—[ The Solicitor-General. ]
I beg to move, in page 26, line 5, at the end, to insert "or."
This is a drafting Amendment. At least, I thought it was a drafting Amendment. It certainly improves the drafting.
I beg to second the Amendment.
This Amendment is very necessary if paragraph ( c ) is to be inserted in line 11. That is our next Amendment but one, in page 26, line 11, at the end, to insert: a ) or condition ( b ) should be fulfilled, in addition to the proposed paragraph ( c. )
Yes, but it is in that case really not purely a drafting Amendment. In that case it is really introductory to the Amendment to insert paragraph ( c ). I am not sure that the Amendment to insert that paragraph ( c ) is to be moved or not. It is not to be moved, I understand. If it is not to be moved this Amendment falls. But in any case this Amendment is merely introductory to an Amendment which, I trust, will not be moved.
7.15 p.m.
In that case, I shall not move it. I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Amendments made: In page 26, line 11, at end, insert:
Provided that, where the court is satisfied that circumstances exist such as are specified in paragraph ( a ) of this subsection, the matters relevant for the court in determining under subsection (1) of section three of the Rent Act of 1933 whether it is reasonable to make or give such an order or judgment shall (without prejudice to the generality of that subsection) include the question whether the body seeking the order or judgment have at their disposal any vacant accommodation which would be suitable alternative accommodation for the tenant.
In line 11, at end, insert:
(4) In the last preceding subsection the expressions "statutory undertakers" and "local authority" have the same meanings as in the Town and Country Planning Act, 1947, the expression "development corporation" has the same meaning as in the New Towns Act, 1946, and the expression 'public utility functions" means powers or duties conferred or imposed by or under any enactment, being powers or duties to carry on a statutory undertaking (as denned in the said Act of 1947) or to provide public sewers or provide for the disposal of sewage, or being powers or duties of a river board or other drainage authority (as defined respectively in the River Boards Act, 1948, and the Land Drainage Act, 1930).—[ The Solicitor-General. ]
Clause 20.—(INTERPRETATION OF PRECEDING SECTIONS OF PART II.)
I beg to move, in page 26, line 22, to leave out the second "a," and to insert: Laughter. ]—perhaps it is an unfortunate juxtaposition of words—is to meet a point raised by my hon. Friend the Member for Conway (Mr. W. Elwyn Jones), amongst others, to ensure that premises in which a wife continues to live when her husband is called up are protected even though she is not dependent on her husband. Hon. Members will remember that this matter was discussed in Committee.
Amendment agreed to.
I beg to move, in page 26, line 46, to leave out from "Act)," to "or," in page 27, line 2.
This is substantially the same Amendment as that which was moved upstairs in Committee and which occasioned one of the few instances in our proceedings there when we felt that a Division was necessary. If I may digress just for a moment I would say that such Divisions as did take place in Standing Committee were never on party lines, but were simply because we on this side thought a certain type of wording would be preferable to wording the Government preferred. We are very glad that some of the points we raised then have now been met in Amendments moved by the Government.
This Amendment raises a very important point. The Clause defines various expressions used in the Bill, and the definition with which I am concerned in this Amendment is that which seeks to define a statutory tenancy. As hon. Members know, the words "statutory tenancy" have a particular meaning to the law. They mean the right of occupation which comes up when the contractual tenancy expires or is otherwise brought to an end. A statutory tenancy is not a tenancy proper at all. What is happening here, in this Clause of the Bill, is that for the first time Parliament is seeking to define what is a statutory tenancy. Up to now there has been no reference in any Act of Parliament save one of the words "statutory tenancy," and that reference is, I think, in an Act of 1920 and is not part of the statute itself but merely a side note to one of the Sections.
Nevertheless, the words "statutory tenancy" have by long usage and by many decisions of the courts acquired a certain clear meaning. Every practitioner has a fairly good idea of what is meant by a "statutory tenancy." Here, in this Bill, we are asked to agree to a definition of "statutory tenancy" which not only points out that there is a right to retain possession of premises, which everybody understands in connection with statutory tenancies, but also seeks to link it up with the relationship of certain named persons to the person who is the statutory tenant.
We feel that the wording of the definition is really far in excess of what is necessary. "Statutory tenancy" is, as I have said, a form of words which is clearly understood, and which has a clear and definite meaning in the ordinary common law arising from the operation of the Rent Restrictions Acts. We do not believe that there is any necessity to have this rather wide definition, which it is sought to put forward in this part of the Clause
We had a rather long discussion about this in Committee. The Solicitor-General. in turning down the suggestion we then made, said this, however:
I wonder whether the hon. and learned Gentleman has gone into the matter further. The absence of any Amendment on the Order Paper in the name of the Minister of Labour, who is now, happily, with us again, would appear to indicate that nothing is intended by the Government. I think that we ought to have some further expression of the Government's view upon this rather important matter.
I beg to second the Amendment.
We are metaphorically as well as literally in the dark, and I hope, Mr. Speaker, that just as your instructions will remedy the second difficulty, so the Solicitor-General's explanation will remedy the first.
As the hon. Gentleman has said, I was considerably puzzled by these words myself. I have solved my difficulty, and I hope to pass on the solution in sufficiently clear form to convince the hon. Gentleman. As he says, this is really a question of drafting; there is no point of substance between us on this provision. The difficulty is that the Rent Acts apply in rem. If the house is within the Rent Acts then it is within the Rent Acts for all purposes. It is not merely in the Rent Acts in relation to any particular person.
What we are trying to do here is to confine it to an in personam application, to limit it in relation to particular persons, for the very good reason that the protection which is given by this Bill is a protection given to certain persons only. The protection given by this Bill is not universal. Therefore, the Rent Acts cannot apply in rem —which is almost another way of saying universal—but they must be limited to operate in personam in respect of the persons who get advantage under this Bill.
That is the crucial, fundamental reason, and I will just work it out. Take the case of freeholder "A" who has a house above the Rent Acts; the rateable value is above the Rent Acts; he lets, the house to "B" who lives in a part of it and sublets it to "C," who is a Service man; "C" has sublet part of his part to "D," and the event which terminates "C's" tenancy—that is the Service man's tenancy—is the forfeiture of "B's" lease—that is his immediate lessor's lease, the mean landlord's lease. The result of that under the Rent Acts would be that "B's" tenancy, "C's" tenancy and "D's" tenancy all end simultaneously, but all become entitled to statutory tenancies.
Now there is no reason why anybody should have the statutory tenancy by reason of this Bill except the Service man himself, and it is for that reason that the statutory tenancy has to be cut down from its in rem operation to its in personam operation in relation to the persons mentioned here, who are the persons entitled to the advantage of the Bill. I hope that will solve the hon. Gentleman's difficulty, as it has solved my difficulty.
I am very grateful to the hon. and learned Gentleman for his explanation. I think I follow it, but I was wondering whether the words are right as they stand. Is not the phrase "in relation to" rather obscure? What does it qualify? Does it not mean that the right is "exercisable by"? Is that what it means? I find the words "in relation to" extraordinarily difficult to construe in this sentence. I read it several times without getting any meaning out of it. Though I thought I understood the admirable and lucid explanation the hon. and learned Gentleman has just given, I should like him to consider whether what he has said, although it may apply to the need for some words here, really justifies the words "in relation to."
I think that it does, and I think that they are particularly apt for the kind of reason I have given. We are dealing here with a statutory tenancy which is an in rem conception, but we are cutting it down so as to operate in relation to particular persons. It is due to that connection that I think those words are as apt as any other words might be. I think that if we tried to use a word like "of" or anything of that kind, we might find ourselves intruding upon the in rem conception of the statutory tenancy, which we want to leave alone. We want merely to cut it down and leave it alone in relation to particular persons.
What the hon. and learned Gentleman told the House—which I am glad to say I was able to follow very easily, because he made it most clear—was a very good argument for not using this kind of definition in this Bill, which was my main point. As I understood his argument it was that, whereas the Rent Acts apply in relation to—a phrase to which my hon. and learned Friend the Member for Norwich, South (Mr. H. Strauss), objects—the property as a property, what they are seeking to do by this definition is to say that a statutory tenancy for the purposes of the Bill shall be a right connected with the property but relating to a person.
Quite right.
That means, in this context, in rem and in personam —the two Latin phrases he used. If I may add to the barrage of Latin with another Latin phrase, I would say that a fortiori I believe that to use the phrase "statutory tenancy," which has a special meaning in connection with this Bill, is wrong. I should have preferred a different phrase from "statutory tenancy," because what they are conferring upon the Service man and his dependants is not a statutory tenancy under the Rent Acts as we know it, but a statutory tenancy, of a rather different character, under this Bill. That is a matter which might be considered. If I may, I should like to have a word privately with the hon. and learned Gentleman about this, because this is a point about which I feel even more strongly, having heard his explanation, than I did formerly.
The hon. Gentleman will appreciate that it is in this Part of this Bill that these words have this meaning, and they are governed by the words "In this Part of this Act" in Clause 20, so it is only for this purpose that a statutory tenancy has that meaning. To take it a stage further, the words "statutory tenancy" must be preserved for this reason. What we are doing here is applying the Rent Restrictions Acts to a certain class of person by way of protection. We are doing it by reference to the Rent Restrictions Acts, by applying the Rent Restrictions Acts, and the statutory tenancy under the Rent Restrictions Acts will be the tenancy which will arise when protection is given under this part of this Bill. Therefore, it is the statutory tenancy because it is under the Rent Restrictions Acts, but it is only the statutory tenancy in relation to certain persons.
I fully appreciate that, but I still have some misgivings about the definition and the wording which is used. However, since we have so far proceeded in remarkable harmony on the Bill, I do not propose to do anything else except to beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Clause 21.—(APPLICATION OF PRECEDING SECTIONS OF PART II TO SCOTLAND.)
7.30 p.m.
I beg to move, in page 27, line 37, after "Planning," to insert:
"or to the Minister of Agriculture and Fisheries."
I think that we might consider this and the next Amendment, in page 27, line 40, together. These Amendments are consequential upon the Amendments made in the English law and in accordance with the undertakings I have given.
Amendment agreed to.
Further Amendment made: In page 27, line 40, at end, insert:
() for references to the Agricultural Holdings Act, 1948, and to sections twenty-four, twenty-five and twenty-six thereof, there shall be respectively substituted references to the Agricultural Holdings (Scotland) Act, 1949, and to sections twenty-five, twenty-six and twenty-seven thereof; for references to the Agricultural Land Tribunal and to references thereto there shall be respectively substituted references to the Scottish Land Court and to appeals thereto; and for any reference to such a dwelling-house as is mentioned in paragraph 1 of the Seventh Schedule to the Agricultural Holdings Act, 1948, there shall be substituted a reference to a dwelling-house comprised in an agricultural holding and occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding;
() for references to the Agricultural Act, 1947, and to section seventy-two thereof there shall be respectively substituted references to the Agriculture (Scotland) Act, 1948, and to section sixty-nine thereof; and for any reference to a County Agricultural Executive Committee there shall be substituted a reference to an Agricultural Executive Committee.—[ The Solicitor-General for Scotland. ]
Clause 22.—(PROTECTION DURING SHORT PERIOD OF TRAINING.)
I beg to move, in page 28, line 42, to leave out "to proceed."
This is simply to correct a misprint because the words "to proceed" appear earlier, and this is a duplication of them.
I have, of course, no objection to the Amendment, but it would have given us a great pleasure if the Minister of Labour himself or his Parliamentary Secretary had felt able to move it.
Amendment agreed to.
I beg to move, in page 29, line 25, at the end, to insert:
(5) The provisions of section (Effect of failure to observe restrictions) which relate to omission to obtain leave required under section two of this Act shall have effect in relation to omission to obtain leave required under this section.
The new Clause [ Effect of failure to observe restrictions ] which has been adopted provided protection in respect of proceedings under Part I. The difficulty is that there may be similar proceedings under Clause 22 in which protection should be equally available. This Amendment is to provide the same advantages under Part II.
Amendment agreed to.
I beg to move, in page 29, line 26, to leave out "means."
This Amendment may be taken in conjunction with the Amendment in line 27. They are simply to bring the definition of dependant into line with the definition in Clause 20, as amended.
Amendment agreed to.
Further Amendment made: In page 29, line 27, leave out second "a," and insert:
"means—
Clause 24.—(RENEWAL OF TENANCY EXPIRING DURING PERIOD OF SERVICE OR WITHIN TWO MONTHS THEREAFTER.)
I beg to move, in page 30, line 36, after "premises." to insert:
"(other than premises excepted from this provision)."
This has reference to the following Amendment in line 42. The object of the Amendments is to include into the Bill those licensed premises where the licence is not the determining consideration and, therefore, the licensing considerations do not arise in such an acute form as they do in the case of a public house. The Amendments cover licensed hotels and restaurants where the liquor sales constitute less than 50 per cent, for hotels and 60 per cent. for restaurants. The methods of dealing with them is the method adopted in the Leasehold Property (Temporary Provisions) Act, and I commend the Amendments to the House.
Amendment agreed to.
Further Amendment made: In page 31, line 42, at end, insert:
(6) In the proviso to subsection (1) of this section the reference to premises excepted from the provision as to premises licensed for the sale of intoxicating liquor is a reference to premises in respect of which—
Clause 26.—(APPLICATION FOR GRANT OF NEW TENANCY.)
I beg to move, in page 32, line 32, after "and," to insert: to mention that at this stage, and obviously the same principle should apply in the notice to quit case as in the effluxion of time case.
I should like the opportunity to consider the appropriate Amendment at a later stage with regard to the notice to quit, because it is on the lines of the Amendment provided here in the case of the tenancy expiring by effluxion of time, so as to give the landlord an opportunity of putting the tenant to the election as to whether or not he is going to apply for a new tenancy.
Subsection (3) gives the court power to extend the time, and the need for that would arise where the tenant receives his call-up notice at a short period of time, say, 14 days' notice, so that the notice may reach him within the last month. It is for that reason that subsection (3) is inserted.
The Amendment in line 44, to which this Amendment is preparatory, is really an adaptation to the purpose of this Bill of Section 2 (2) of the Leasehold Property (Temporary Provisions) Act, which was hammered out between both sides of the House some weeks ago. I confess I am not clear why it should be necessary to apply it except where the lease ends by the effluxion of time. In the Leasehold Property (Temporary Provisions) Act it is enough where the termination is by effluxion of time that these provisions apply, and one would have thought that where a notice to quit brought about the termination of the tenancy, the notice to quit being an act of the landlord himself he has the matter in his own hands at what date by serving the notice he can assure himself of the tenant's intentions. If the hon. and learned Gentleman will look at that point, I will not detain the House longer.
Amendment agreed to.
Further Amendment made: In page 32, line 40, leave out "thereafter," and insert:
"before the notice is due to expire."—[ The Solicitor-General. ]
I beg to move, in page 32, line 41, after "that," to insert: Clause 26 (1, b ) requires the tenant who wants a renewal to apply to the court under a notice to quit within one month from the giving of the notice. If the period of the notice is a long one, the requirement may be unsatisfactory because the month may have expired before the tenant had any reason to expect that he would be called up. The Amendment deals with it by enabling the tenant to apply to the court not later than one month before the notice is due to expire.
It is for that reason the Amendment may be necessary on the lines I suggested with regard to notice to quit. He may be giving notice six or 12 months ahead, which he has to give under the terms of his tenancy, and then we consider it reasonable he should have the opportunity of continuing the tenancy.
Amendment agreed to.
Further Amendments made: In page 32, line 44, at end, insert:
(2)Where apart from this section the expiring tenancy would expire by effluxion of time, the landlord may at any time not earlier than the beginning of the service man's period of service in question nor earlier than four months before the date on which that tenancy would so expire serve on the tenant notice, in such form and containing such particulars as to the provisions of this Part of this Act as may be prescribed by regulations made by the Lord Chancellor by statutory instrument, requiring the tenant within the period of one month from the date of the service of the notice to elect whether or not to make an application under the preceding subsection; and, subject to the next succeeding subsection, where such a notice is served no such application shall be made in relation to the expiring tenancy after the end of that period.
(3) The court to which an application under subsection (1) of this section could be made within the time limited by the preceding sub sections shall have power, on an application made in that behalf either before or after the expiration of that time, to extend the time limited by those subsections for making the application under the said subsection (1) if the court is satisfied that there are or were adequate reasons, for not making that application within the time so limited and that in all the circumstances of the case it is reason able to extend the time.
In page 33, line 1, leave out "such an application is duly made," and insert:
"an application is duly made under subsection (1) of this section."
In line 15, leave out from second "the," to end of line 18, and insert:
"proceedings on the application (including any proceedings on or in consequence of an appeal) are finally determined."
In line 20, at end, insert:
(4) Section one hundred and ninety-six of the Law of Property Act, 1925 (which relates to service of notices), shall apply to notices for the purposes of this section.—[ The Solicitor-General. ]
Clause 27.—(POWER OF COURT TO GRANT NEW TENANCY.)
I beg to move, in page 33, line 29, at end, to insert:
Provided that in fixing the rent under this subsection, the court shall disregard any consideration arising from the personal circumstances of any of the parties.
I moved a similar Amendment to this in Committee, an Amendment based on the precedent set in that bad Bill, the Leasehold Property (Temporary Provisions) Act, where these words were inserted in the course of a discussion in the House. At that time in Committee the hon. and learned Gentleman said in the clearest terms that he accepted this Amendment in principle, but he went on to say that there was a technical difficulty in it. I could not follow it at the time, but he said that he would put down an Amendment for the Report stage to meet this point. In fact, there is no Amendment on the Order Paper to meet this point, and I can only conclude that on reflection the hon. and learned Gentleman has found once again that we on this side are right and he was wrong in suggesting that there was any defect in the Amendment we originally drew up. I hope, therefore, that without any further observation the hon. and learned Gentleman will admit that the Amendment is all right and then declare that the Government will accept it.
I beg to second the Amendment.
The hon. and learned Member for Northants, South (Mr. Manningham-Buller), cannot have it both ways. When we accept an Amendment in the form in which he brings it—as we accept this Amendment I am glad to say—he really must not complain about it, for when we amend words which he brings forward he then complains if we do not accept the form.
rose —
I am not going to enter into any quarrel with the hon. and learned Gentleman. I have great pleasure in accepting the Amendment.
I do not wish to quarrel with the hon. and learned Gentleman, and I hope I may be permitted to make it clear to him that I am not in any way complaining. I am most grateful to him for his attitude in the matter.
Amendment agreed to.
Further Amendment made: In page 33, line 31, leave out from "the," to end of line 34, and insert:
"end of the expiring tenancy (whether it ends in accordance with the terms thereof or after being continued by subsection (2) of the last preceding section)."—[ The Solicitor-General. ]
I beg to move, in page 34, to leave out lines 20 to 22.
I assume it will be for the convenience of the House if we also take the subsequent Amendment, in page 34, line 21; to leave out from "that," to "be," in line 22, and to, insert:
7.45 p.m.
Further, we are dealing with one of the exceptions to that power, and the material words are those beginning in line 4: prima facie, therefore, objectionable on those grounds, and I cannot see any justification for the words as they stand.
"Public authority" has, in these days, a very wide interpretation. There is a definition in the Bill, and it will be seen how wide it is. It says:
Secondly, the very difficult phrase "public interest" arises. It would be extraordinarily difficult for a court of law to decide what is in the public interest. As was said in Committee, what is or is not in the public interest is a matter on which perfectly well intentioned and sensible people can hold widely different views, and that does make it peculiarly a difficult matter for consideration by a court of law. How, in fact, would such a matter be decided? I should have thought that in many cases what would happen would be that a representative of a public authority would give evidence that in the view of his Department or Ministerial chief, from whom he might produce a certificate, it was not in the public interest that a new tenancy should be granted. Although the judge might press him a little farther as to the grounds for that, it will be appreciated in what a difficult position the judge would be placed.
It is for that reason that we have in the second Amendment provided as an alternative to "the public interest" the phrase "reasons of national security." I have no doubt that hon. Members opposite can point to certain difficulties which would arise in construing that expression, but being more limited in scope it must be less difficult for a court to interpret than is the case with the very wide expression "the public interest." "National security" would obviously involve defence considerations, and that would enable the court to dismiss as having nothing to do with defence many of the interests of many public Departments, whereas if a Department, within the scope of its responsibility, said that the public interest was involved, it would be, as I submitted to the House a moment ago, extraordinarily difficult for a court to go behind the Department and go into the merits of the matter.
We are not satisfied that the provision as it stands may not work an injustice. We think the best thing to do is to take the words of this exception out of the Bill altogether and not impose this limitation. If it be the view of the House that some concession must be made to the—using a neutral expression, interests of the State—we suggest that the only interests of the State of which account should be taken are the interests of national security; that is to say, for general purposes, those of defence. I hope that the first solution may appeal to the hon. and learned Gentleman, but, if it does not, it would take very strong reason to induce me to believe that the second is not a reasonable compromise.
I beg to second the Amendment.
I was delighted, earlier, to hear the Solicitor-General for Scotland affirm so strongly his conviction that the Bill ought not to become a statute unless the provisions relating to Scotland were on all fours with those relating to England. I eagerly searched the Order Paper to see if he had his name to an Amendment to Clauses 36 and 37, the Clauses concerning Scotland which correspond to the English Clause to which my hon. Friend's Amendment relates. I was delighted to find that there was no such Amendment on the Order Paper. The Solicitor-General for Scotland has thereby placed his hon. and learned Friend in the position of being virtually obliged to accept one or other of the Amendments of my hon. Friend.
In their application to Scotland the provisions of Clauses 36 and 37 are identical with those of Clause 27 for England except in the one respect that they do not include the exception in favour of a public authority as so defined, but include only an exception in favour of land held in right of the Crown or a Government Department where considerations of national security are involved.
The difficult task which the Solicitor-General has if he is to defend the English Clause is that he has to argue that there are apparently in Scotland no new towns, no statutory undertakers and no local authorities who might require this exception in the public interest and that apparently in Scotland it is only in the interests of national security that the otherwise existing right of a Service man to have his tenancy extended could be disregarded. He will find that extremely difficult. In seconding the Amendment I am relying upon the powerful support of our Scottish colleagues and the Solicitor-General for Scotland.
As a Welshman, I find it obnoxious to see Scotland leading England by the nose, but I am not going to subscribe to the view that because something is in a Scottish part of the Bill it should be in the English part of the Bill. I thought that my hon. and learned Friend the Solicitor-General for Scotland was subscribing to the view that because it was in the English part of the Bill it ought to be in the Scottish part of the Bill, and I am quite prepared to accept that. However, I am prepared to argue this on its merits in regard to the English part of the Bill.
The consideration to which we are directing our attention is the exceedingly important one of public interest. As I said in Committee, and I recognise at once, it is a difficult problem to deal with. I do not suppose that as a broad proposition anybody would disagree that, where the public interest is involved and there is any clash between the public and private interests, the public interests must prevail. As the hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) indicated fairly and clearly, the difficulty arises in its application. Quite clearly, one cannot have the public interest as a criterion available to everybody, because it would lead to all kinds of unnecessary complications. I will put it no higher than that.
Therefore, if one is to give it any operation—I start off with the view that it should have an operation—one can only give it operation, in practice, by confining it by reference to the persons who are entitled to call it in aid. It is for that reason that one has the combination of public interest together with the bodies in respect of whom public interest may operate for the purposes of the Bill; and national security alone is not sufficient to cover considerations of public interest.
The rest follows if one once starts off with the broad proposition, which I laid down and which I suggested it would be exceedingly difficult for anybody to disagree with, that public interest should prevail where it can be established that it is in the public interest that a certain course of action should be taken as against a private right. One limits it by reference to certain bodies for a good practical reason. One does not accept national security, because that is only one aspect of public interest and it does not carry the whole proposition which I laid down as my fundamental starting proposition for the purpose of considering the Clause.
Let us see how it works out. We are applying it here not in reference to the homes of the people, but by reference to business premises only. It has to be dealt with and decided by a court. It is not for the Minister to decide whether a matter is in the public interest or not. It is for the court to decide, and the burden is established on the applicant to show before the court that it is in the public interest. Therefore, we have a court deciding and we have the burden on the person who seeks to establish public interest.
The court must be satisfied that it is in the interests of the public and it must also be satisfied, to take it a stage further, that because of that public interest the new tenancy should not be granted. It is very far removed from the case of an application going to the court and—to continue our Latin quotations—on his ipse dixit obtaining an order from the court. The burden is on him to establish the public interest. The court must be satisfied that there is a case for the public interest, and, in addition to that, it must also be satisfied that because of that public interest the tenancy ought not to be granted.
In those circumstances I suggest that ample safeguard is provided to ensure that the public interest shall not prevail except where it could quite reasonably be held that it should prevail, and I think that is a reasonable course if one is to make any provision at all for the public interest. Here, I return to my fundamental basic proposition that the public interest should prevail where it can be established that we provide sufficient safeguards to ensure that it shall not prevail except where a court comes to the conclusion that it ought to prevail. As I mentioned—
Surely it is not a question of where the court considers it ought to prevail. Surely if the court is satisfied that in the public interest a new tenancy ought not to be granted, the mandatory words at the beginning:
"The court shall not order the grant of a new tenancy…"
apply.
Let us take those words slowly one after the other. The hon. Gentleman is correct in saying:
"The court shall not order the grant of a new tenancy.…"
Then come the succeeding words:
"… if it is satisfied.…"
Therefore, the court must be satisfied, where there subsists in the premises an interest belonging to a public authority, that in the public interest a new tenancy ought not to be granted. In other words, the court must first be satisfied that in the public interest a new tenancy ought not to be granted. It is only if it is so satisfied that it shall not grant the order.
8.0 p.m.
Surely the sole criterion is whether in the public interest it ought not to be granted. The court is surely not entitled to take into account the hardship to the other person.
It is entitled to take into account the consideration that it must be satisfied that in the public interest a new tenancy ought not to be created—I agree with that—but it must be satisfied that the public interest is such that the tenancy ought not to be granted before the right of granting a new tenancy is excluded. As a result of the intervention of the hon. Gentleman, I do not think we are at cross-purposes.
There is, of course, the provision that where a landlord "reasonably requires possession" so that the premises or a substantial part of them may be demolished or reconstructed, then a new tenancy shall not be granted. I suggest that it is extremely difficult to say that subsection (4, c ), which makes that provision, should be a good ground for refusing to grant a new tenancy, but that subsection (4, d ). should be excluded, having regard to all the provisions we have for seeing that the question of public interest can operate only in a case in which it is very reasonable that it should operate.
I wish the Solicitor-General had dealt with the point raised by my hon. Friend the Member for Wolverhampton. South-West (Mr. Powell), namely, how it comes about that there is apparently no provision of this sort in relation to Scotland. Frankly, I cannot understand why. I should have thought that Scotland was as likely as England to have matters relating to the public interest. I think we should have some kind of explanation as to why in the corresponding Clause—Clause 36—there is not the same provision.
I am answering for the inclusion of the provision in the case of England. I do not know whether the hon. Member is so influenced by my argument that he thinks that the same provision should be applied to Scotland.
I should like to hear the Solicitor-General for Scotland. We might find that he is on our side. On an earlier Amendment he said that the whole object of it was to make the Scottish part of the Bill similar. Now, when we point out that the Scottish part does not compare with the provisions for England, he must justify the discrepancy or do something about it. We should hear whether the Solicitor-General for Scotland agrees with the view expressed by the Solicitor-General for England or whether there is any argument between them on this point. I hope that he will rise and say something. He has been sitting opposite for a long time.
If I were to answer directly the question put to me as to why there is not a provision relating to public authorities in the Scottish part of the Bill I should be completely out of order, because that is not in the Amendment before us. I can say that when I gave the undertaking I did so in so far as the Scottish part was the same as the English part, but I made it clear that the undertaking was subject to it being possible.
The Scottish part in this connection is based and modelled upon a Scottish Act which has no English counterpart. Since that is so we prefer to keep our law as it has been, and England can do what it wishes. It may be that when we come to deal with the Scottish part the hon. Member will move an Amendment to include what is already in the English part.
Amendment negatived.
Clause 31.—(APPEALS.)
Amendment made: In page 37. line 17, at end, insert:
(2) Notwithstanding anything in subsection (2) of section twenty-six of this Act, the court granting leave to appeal may direct that during the period beginning with the granting of leave to appeal and ending with the date to which a tenancy is continued by the said subsection (2) the tenancy shall have effect subject to such modifications, terms or conditions as that court may specify.—[ The Solicitor-General. ]
Clause 35.—(APPLICATION BY SERVICE MAN FOR RENEWAL OF TENANCY OF BUSINESS PREMISES.)
I beg to move, in page 40, line 7, after "premises," to insert:
"(other than premises excepted from this provision)."
This and the following Amendment are consequential upon certain Amendment already made to the English part of the Bill.
Amendment agreed to.
Further Amendment made: In page 40, line 12, at end, insert:
In this subsection the reference to premises excepted from the provision as to premises licensed for the sale of excisable liquor is a reference to premises in respect of which—
Clause 43.—(GENERAL PROVISIONS AS TO PAYMENTS TO MAKE UP CIVIL REMUNERATION.)
I beg to move, in page 45, line 18, to leave out "only."
This and the following Amendment are being made in accordance with an undertaking which I gave to my hon. Friend the Member for Southampton, Test (Dr. King).
Amendment agreed to.
Further Amendment made: In page 45, line 19, leave out "of his service pay," and insert:
"only of his service pay, and not of the whole."—[ Mr. de Freitas. ]
Clause 54.—(PROVISIONS SUPPLEMEN TARY TO THE THREE PRECEDING SECTIONS.)
In page 54, line 38, leave out from "instrument," to end of line 40.
Would it be in order, Mr. Deputy-Speaker, if I moved this Amendment?
I hope that someone will move it.
I beg to move, in page 54, line 38, to leave out from "instrument," to the end of line 40.
I should also like to deal, at the same time, with the next Amendment, in line 31. It will be remembered that in our discussions during the Committee stage the hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) proposed that any regulations made by the Commissioner should be subject to the affirmative procedure. He explained that what he had in mind was not necessarily the proposal he had put on the Order Paper, but any form of affirmative procedure.
The form of affirmative procedure which we now propose for the safeguarding of the rights of the House in the case of any regulations made by the Commissioner meets, I think, the point which he made, and provides everything for which he asked. It provides that the regulations may be made by the Commissioner and that the regulations shall come into force but shall cease to be in force if they are prayed against within 28 days from the date on which they were made. I accordingly hope that this Amendment will meet with the acceptance of the hon. Member and the House.
I am bound to say that the manifest unwillingness of the very large number of hon. Gentlemen on the Treasury Bench to move this Amendment made me feel that perhaps at the last moment this small cup must be dashed from my lips. I must, therefore, feel even more gratitude than I felt at earlier stages of the Bill to the Solicitor-General for Scotland for gallantly stepping into the breach and moving the Amendment on behalf of his reluctant and taciturn colleagues.
I am very glad indeed that the point of the Amendment which was moved upstairs has, it seems to me, been met. Hon. Members on both sides of the Committee upstairs took the view that these regulations, being made not by a Minister of the Crown but by one or more outside officials, must be subjected to the affirmative Resolution procedure if Parliamentary authority was to be maintained. The hon. and learned Gentleman said, quite fairly, that certain difficulties in connection with the early adjournment of Parliament would arise. Then I expressed the view that I did not feel very strongly about which form of the affirmative Resolution procedure was selected.
In fact, though the hon. and learned Gentleman did not tell us so, the second of the two Amendments contains two of the three possible forms of the affirmative Resolution procedure. But I fully understand that the provision contained in the proviso, so far as the period of three months after the passing of the Bill is concerned, is designed to get over the difficulty that it is likely that His Majesty might assent to the Bill very shortly before the adjournment of the House for the summer Recess and that it is obviously desirable that the initial set of regulations should be promulgated as quickly as possible.
It seems to me that those advising the Government have very neatly welded together two of the forms of affirmative Resolution procedure in order to maintain in general that highest degree of Parliamentary control which the laying in draft procedure provides, while getting temporarily over the difficulty of the first set of regulations by providing the other form under which the regulations can take effect at once but have to be approved within 28 Parliamentary Sitting days. My hon. Friends probably will agree with me that this seems a very satisfactory conclusion of the matter, which was contested at some length upstairs, and I express my appreciation that it has now been done.
Amendment agreed to.
The following Amendment stood on the Order Paper in the name of Mr. ROBENS:
In page 55, line 31, at end, insert:
(7) No regulations under this section shall be made unless a draft thereof has been approved by resolution of each House of Parliament:
Provided that regulations may be made under this section within three months from the date of the passing of this Act without a draft thereof having been approved as aforesaid, but regulations so made shall be laid before Parliament after being made and shall cease to have effect on the expiration of a period of twenty-eight days from the date on which they were made unless at some time before the expiration of that period they have been approved by a resolution of each House of Parliament, without prejudice however to anything previously done there under or to the making of new regulations.
In reckoning any such period of twenty-eight days no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which both Houses are adjourned for more than four days.
Since no one from the Government Front Bench is rising to his feet, may I move this Amendment, Mr. Deputy-Speaker?
Yes, but the Amendment will need to be seconded if it is moved by the hon. and learned Member.
I beg formally to move the Amendment.
I beg to second the Amendment.
Amendment agreed to.
Clause 57.—(EVIDENCE AS TO PERFORMANCE OF RELEVANT SERVICE.)
I beg to move, in page 57, line 18, after "shall," to insert. I am glad that we have had this opportunity of showing how quickly we shall be able to get on when we occupy the benches opposite in the near future. I am also very glad that the Amendment has been selected for discussion, not because I desire to have a long debate upon it, but so that the attention of the House and of the public can be drawn to one of the more important features of the Bill; and I hope that every possible effort will be made to draw to it the attention of those practising the law.
It will be appreciated by the House that, under the new Clause that we have passed, anyone who infringes the provisions of the Bill, in particular the provisions about enforcement of judgment, the levying of distress and things of that kind, will incur the risk of very substantial liabilities. It may be that anyone who ignores Part I and seeks to enforce a judgment against a Service man without obtaining the leave of the court will render himself liable to exemplary damages. It may be that if people do not pay attention to that part of the Measure, not only will the litigant—the layman, as lawyers call him—but also will solicitors and, perhaps, barristers, put themselves in positions of great difficulty.
8.15 p.m.
If that be so—I think that it is so—it is of the utmost importance that there should be easy machinery to try to ascertain whether or not a particular individual is entitled to the protection of the Bill. It is with that aspect that the Amendment purports to deal. It must be remembered that not only are the soldier, the sailor, and the airman entitled to protection, but that their dependants and conscientious objectors also are entitled to it.
The Clause provides, broadly speaking, chat a certificate can be issued showing whether or not a person is or has been serving. It will, therefore, be necessary for any person who is seeking to enforce a judgment or to levy a distress against a person who might be serving in the Forces, to apply for a certificate both to the Admiralty, the War Office, the Army and the Ministry of Labour—to apply for a certificate from each one—before he can safely proceed to enforce that judgment without the leave of the court.
The Clause merely provides that the certificate issued by any of those four Departments shall be evidence of the facts contained in that certificate. The Clause contains no obligation on any one of those Departments to issue a certificate at all. It contains no provision that an answer shall be given by any one of those Departments to a request for information on this matter within any period of time. We all know from our correspondence how long it takes to get a letter from the War Office, from the Admiralty, and from, the Air Ministry. Where is the Air Ministry tonight? No representative from the-Air Ministry is here.
Here he is.
No. The hon. Gentleman to whom the Minister of Labour is referring is from the Home Office. The right hon. Gentleman really must get it right. He should know the Members of his own Government by now.
If that is the right hon. Gentleman's only intervention it is a very unfortunate one.
The Clause specifies no period of time within which a reply must be given. People who are not Members of Parliament normally experience much greater difficulty in getting replies from Government Departments. During the Committee stage, we moved Amendments seeking to put upon these Government Departments the duty to give certificates. As the Clause stands, there is no such obligation. If the Undersecretary of State for War likes to refuse to give a certificate, he can do so. No-pressure can be put upon him.
We argued all this in Committee, and certain assurances were given. I hope we shall get those assurances repeated in a definite form. We had great doubts raised in our minds in the Committee, firstly, by the Under-Secretary of State to the War Office, on one of his rare appearances in the Committee, when he said that he thought he was confident that the War Office would be able to deal with 10 applications for certificates a day. We think—we may be wrong, of course—that there will be a great many more applications than that. But later the hon. Gentleman revised his view, and the Parliamentary Secretary to the Air Ministry said that the War Office were more competent than the Under-Secretary of State for War thought they were.
It may be that the Under-Secretary of State for Air was more correct, but at least we ought to have it placed on record in this House that these Government Departments do accept this obligation, even though it is not expressed in the statute and, therefore, have an assurance that a certificate one way or the other will be forthcoming within a short period to anyone who has an interest in obtaining that certificate.
If we cannot get the duty incorporated in the statute, the least we can do is to make sure that it is formally expressed by the representatives of the Departments concerned on the Floor of the House and in the national Press, and at least we can hope that the rights of individuals to avail themselves of this Clause will be made known and that the Clause will serve a useful purpose.
I beg to second the Amendment.
I am bound to say that I find the resistance we have so far encountered from the Government on this point a little difficult to understand. Hon. Members opposite have been very free with assurances that these certificates will be very speedily and accurately forthcoming, but when it comes to suggesting that they be translated into the more durable material of a statute every sort of inconsistent objection has been raised.
I hope, even at this stage, that hon. Members opposite will appreciate that it is much better when dealing, as we are dealing here, with a matter vital to the whole operation of this important Measure, that a statutory obligation should be placed upon the Departments of State, rather than that further verbal assurances should be given by Ministers of the Crown. I am bound to say that the doubt I had at the beginning of the Committee stage of how this would work—fortified as it was by the very frank intervention of the Under-Secretary of State for the Home Department when he quite frankly said that the thing would not work—has been in no degree diminished by the unwillingness of the Government to give this concession.
I would like to say a word on the objections of the Solicitor-General for Scotland during the Committee stage when he said that mandamus to be obtained. His objection would seem to have lapsed since he admits that there is a method of enforcement open to us in England although I would be reluctant to argue whether a similar provision to this exists in the fastnesses north of the Tweed.
The Under-Secretary of State for Air, in his sole and unfortunate intervention on the Committee stage, said it would be an obligation which would result in the work being done more slowly. That strikes me as fantastic. Anyone who has had any experience of Government Departments knows that it is very stimulating to getting on with the job if one knows that dilatoriness may involve one's Ministerial chief finding himself in difficulties in the courts of law. I would commend to the Under-Secretary of State for Air what might be the effect on the celerity of his own work if he knew that his right hon. Friend the Secretary of State might be exposed to the courts of law as a result of his own lack of diligence.
The objection raised at one time that we were not putting in any time limit is dealt with in this Amendment in the best possible way. This is, though one forgets it, a Ministry of Labour Bill, and in view of the course of the debate one has reason to forget it. We give the Minister of Labour power to make regulations prescribing such things as time limits, and that seems a reasonable way of dealing with this matter. I understand from an incautious admission by the Solicitor-General for Scotland that the Service Departments are the real objectors to the acceptance of a statutory liability, though they have been wise enough to see that these objections have been voiced, not directly, but through the Law Officers of the Crown. But I remain wholly unconvinced by the suggestion that we should not put this duty, enforceable in the courts, on the Departments of State.
I put this dilemma to hon. Members opposite. If their assurances that these certificates will be speedily and effectively forthcoming mean anything, what is the objection from the Departments' point of view to making it a statutory liability? If, on the other hand, they have doubts whether those assurances really will be carried out, surely it is essential, if the Bill is to work, that the spur of legal liability should be applied to the Departments of State.
There are two main reasons why this Amendment is not acceptable. The first is that it is unnecessary. We take the view that it is unnecessary because the Bill is backed by the Service Departments. It is in our interests to see that it is operated. It is designed to protect Service men for whom we have a particular care, and we are not likely to fall down on our job because it is a Bill we want to protect our Service men.
I think that would be sufficient to waive the need to put in a statutory obligation in the Bill. But, quite apart from that, as the hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) pointed out, there would not be much point in having a statutory obligation unless there was a time limit. He then says that if we had a time limit it may make the Department concerned more diligent. I have explained why this is not a curious argument, but a very sound one, because in the vast majority of cases we expect that there will be reasonable means of identifying the man concerned in which case a reply will come back by return of post or within a few days. If we put in the regulation that a reply need not come back before 14 or 21 days, a Department may be tempted to say, "We have 21 days, so why bother to answer now?" Why not get it done with the utmost despatch rather than put in a statutory proviso giving a longer time than they will need in the great majority of cases?
In addition, I reassure the hon. and learned Member for Northants, South (Mr. Manningham-Buller), that we are fully seized of the importance of getting these certificates out with as much rapidity as possible. I am sorry that there was some misunderstanding in Committee about the actual length of time it would take. I think I explained that at that Sitting, when I referred to 10 a day, that I was discussing cases in which there would be very meagre particulars, and that if one had more than 10 a day like that it might be difficult to get the certificates in 10 or 14 days. But, looking at it again, even in the case of meagre particulars we can probably manage up to 30 applications a day.
If the particulars are full and detailed, thus making it easy for us to identify the person promptly, then we could manage up to 200 or 300 a day, and perhaps more. But we undertake absolutely and definitely that, unless there are peculiar and unusual circumstances, we shall keep within the limit of 10 to 14 days in giving an answer to an application for a certificate.
We do not want to accept the statutory obligation, because there may be some cases where we could not comply with a time limit. It may be in the interest of the person applying for a certificate that we do not comply with a time limit. It may be that it was a peculiarly difficult case which demanded exceptional search and verification, and we should want to give the most accurate information rather than to send a negative or a "non-traceable" certificate. It may be that in such a case we should have to go beyond the time limit. If there was a statutory obligation compelling us to do the job within a time limit, we might not be able to give the good service which we are anxious to give.
8.30 p.m.
I should like to ask a question which may be of importance. Will all these people who want certificates have to write to the Army Council for them, or what will they have to do?
They will have to write to the War Office, the Air Ministry or the Admiralty, whichever is appropriate. If they do that, the matter will be dealt with centrally and they will get an answer from the same source.
It has not been the practice in the past in Bills connected with Service men to make it a statutory obligation to provide a certificate. One example is the Reinstatement in Civil Employment Act, 1944. That Act did not impose a statutory obligation on the Service Departments to provide a certificate, for the very good reason that we are only too anxious to provide a certificate, because it is in the interests of our people to see that these men are protected. For all these reasons, we do not wish to accept the Amendment.
I should like to deal with the latter part of the observations of the hon. Gentleman on the question of the time limit. I approach the subject from the point of view of the practical difficulties which those representing litigants will face. I support this Amendment for the principal reason that it will put teeth into this arrangement and will be a spur to the Service Departments not to be dilatory in this matter.
If one is acting for a litigant, one must have some kind of answer from a Service Department within a reasonable time. If the hon. Gentleman leaves the position so that one writes in and one has to wait until eventually some answer comes along, it may be that the rights of one's clients—the litigants concerned—will be seriously prejudiced. We must have some reasonable period of time beyond which it is clearly laid down in the Bill or in the regulations that a person is at liberty to go ahead.
That is what we have in mind here. We cannot leave this question indefinitely in the air. If a man wishes to sue somebody who may be a Service man, but the man does not know for certain whether he is or not, the first step will be to search through the Service Departments by applying for the certificates. One has to apply not, as the hon. Gentleman said, to one Department but to all three Departments, plus the Ministry of Labour. Unless and until one gets an answer from each one of those Departments, the man may be unable to say, "I can go ahead because I know that this person is not subject to the provisions of this Act."
There must eventually be a time limit. Let us assume that the War Office answer within 14 days saying that they cannot trace the man or that he is not serving. Let us assume that the Admiralty answer, as they often do, very much more quickly, within about seven days, and that the Ministry of Labour answer within a similar period, to exactly the same effect. But, for the sake of argument, let us assume that the Air Ministry do not answer. Let us assume that there is dead silence from the Air Ministry.
What is the unfortunate man to do? He is pretty certain that the person is not subject to the protection of this Bill, yet he is completely prevented from going ahead with what may be to him a most urgent civil action. There is one Service Department which does not give him an answer. [ Interruption. ] An hon. Gentleman says, "So what?" This is a most important matter.
We must remember that, whereas the purpose of this Bill is to protect Service men, there are the citizens of this country who are not Service men and they also have rights. If we can strike a balance, as we have tried to do during our discussions, I think that we ought to try to do it now. There ought to be some time beyond which it was laid down in the Bill or in the regulations that a litigant could proceed. This Amendment paves the way for such regulations, and I sincerely hope that, on reconsideration, though not necessarily on the spur of the moment now, the Government will see their way to accept it.
With the leave of the House, I will reply to the points raised by the hon. Gentleman. I think it will be well-known, or it can be well-known, that we have given this very solemn and serious undertaking to supply certificates within 10 to 14 days, except where there may be peculiar and exceptional circumstances.
To take the case which the hon. Gentleman posed, that of the applicant who is not certain whether the person referred to is in the Navy, the Air Force or the Army, could he not, in the first instance, write to all three Departments at once, which would save him time? In the second instance, if he gets a blank silence from, say, the Air Ministry, I should have thought that there was a very good remedy through Parliament or through some local Member of Parliament. There is something which could and should be done, in that it might be brought to the attention of the Minister concerned who gives that undertaking.
Surely, nobody is going to sit patiently month after month wondering why he did not get a reply to his first letter, and not even write again? He would be a remarkably meek individual. Surely, he would naturally agitate and even write to the Minister himself, which would be quite proper in the circumstances. We should be very alive about the matter, because we feel that we are on our honour to fulfil the obligations and undertakings which we have given.
If I may speak again with the leave of the House, I think we have had a useful discussion, and that the hon. Gentleman has given an undertaking, not only on behalf of the War Office, but on behalf of the other Service Ministries and the silent Ministry of Labour. I hope that the fact that this undertaking has been given will be widely known, so that people who do not get certificates—the unfortunate few who get no answers—will know of the existence of the undertaking, and will adopt the procedure which the hon. Gentleman has suggested, although I do not think that it is as satisfactory as the one we suggested. We hope this will work well, but we have expressed our doubts. I do not know if the hon. Gentleman has convinced the Under-Secretary to the Home Office, but he certainly has not convinced us. However, in view of what has been said and the undertaking which has been given, I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
I beg to move, in page 57. line 20, to leave out from "incorrect," to the end of line 22.
I think it will be convenient if we also discuss the following Amendment, in line 22 to insert new subsections. These Amendments simply provide for two further types of certificate, in addition to the one already contained in the Bill. The one contained in the Bill is a certificate relating to a period of service which is being performed, has been performed or will be performed. The two additional certificates provided for in these Amendments are included in deference to the wishes of the Opposition.
The first one is a purely negative certificate, in the case where we have got sufficient particulars to identify a man as being connected with a particular Service and where the Department is prepared to say either that he has not performed or is not performing a period of service.
The second additional certificate will be one which I might refer to as the non-traceable certificate, which will be given when we have not got sufficient particulars to identify the person as being somebody who has, in fact, in the past, been connected with one of the Services, and we merely send a certificate to say that we cannot trace any record of this person being connected with the Service referred to. The other provisions are consequential upon that.
The Under-Secretary of State for War has just said that the remainder of the subsections are consequential. But I am bound to say—it may be that I am being a little dull and foolish—that I find it extraordinarily difficult to attach any meaning at all to subsection (4), and I hope that the Undersecretary or his hon. and learned Friend the Solicitor-General will say what he believes to be the effect of that subsection.
I think the Minister will agree with me that subsections (1) and (2) do not contain any provision for the certificates referring to something as a matter appearing in the records. They state, as the Minister has said, either that the man is serving or is not serving. They do not make any statement regarding records at all.
Subsection (3), of course—which deals with the case of a man who is not traceable—is not dealt with in subsection (4) at all. What does subsection (4) say?
I am glad that the hon. and learned Solicitor-General is devoting his most lucid mind—and I am certain, in a moment, his most lucid powers of exposition—to explaining what the effect of the subsection is, because at the moment it does not appear to have any effect at all. It is put in to confuse the layman and the lawyers, and to make the Clause longer. I have no doubt that the hon. and learned Solicitor-General, who has conducted the Bill in a most admirable manner and has explained it to us in a most lucid way, will agree that I am putting forward a serious point when I ask for an explanation of the meaning of subsection (4).
The only meaning which occurs to me is that, although subsections (1) and (2) do not invite the Service Departments to refer in their certificates to what appears in the records, yet the Service Departments might elect to do so, and, instead of giving a direct affirmative or direct negative about a man's service, might elect to make some statement to the effect that something appears from the records. In other words, they might make a rather half-hearted statement.
My first comment is that, if the subsection means that, there is nothing in subsections (1) and (2) that says, in fact, that it is proper for them to issue such a certificate. But suppose they do, what does subsection (4) say? It only says that the certificate signed in that manner
I am not suggesting that that is a good reason for subsection (4) but, unless it means something of this kind, I cannot see any meaning in it at all. I hope that the Minister or the Solicitor-General will explain what the subsection means and what effect it is supposed to have.
8.45 p.m.
I can only speak with the leave of the House, although I am quite speechless after hearing the last observations. I think the purpose of this subsection would be best described as being this: that it enables us to give our certificates as to what appears in our records. We cannot physically check whether Private Smith is, in fact, serving at this moment, because we would not be able to apply any time limit at all, whether statutory or otherwise, if we had to do that. Therefore, we only state what is in our records about the person concerned. That is the meaning and the effect of the subsection.
I apologise to the Under-Secretary of State, if he is not a lawyer, in speaking by leave of the House to clear this up. The words say,
"A certificate signed as aforesaid stating any matter as a matter appearing from records…"
But subsection (1) and subsection (2) do not in express terms authorise the Department to state anything in that manner. They only authorise a statement of fact and not a statement of a matter as appearing in the records. If subsection (4) is meant to authorise them to make a certificate in that form it is not clear, but, even if it were to authorise that, its effect is still wholly obscure.
Perhaps it would not be useful to pursue this matter now. Obviously, the Solicitor-General is giving great attention to it on the Front Bench opposite and trying to argue it out. I should have thought that the argument of my hon. and learned Friend the Member for Norwich, South (Mr. H. Strauss) was clear, cogent and compelling. If the Solicitor-General will say that he will give most careful consideration to this matter, which is very largely one of getting the drafting correct, perhaps we might proceed.
I will certainly give that undertaking. Subsection (2) provides that a certificate signed in the way provided there,
"… shall in all legal proceedings be sufficient evidence of the facts stated therein.…"
In other words, there is not, as I think the hon. and learned Gentleman the Member for Norwich, South (Mr. H. Strauss) assumed, of necessity an obligation there to state the thing as a matter of fact. I do not think that necessarily follows—I do not put it higher than that—from the wording of subsection (2), but certainly it is a matter of some difficulty and I will look at it in view of the observations of the hon. and learned Member for Norwich, South.
Before we leave this part of the Clause there is one point of practical importance which the Government may also wish to take into account. The Under-Secretary of State for War explained clearly the difference between cases coming under subsection (2) and cases coming under subsection (3). He explained that cases under subsection (2) were on the records of the relevant Department and that those under subsection (3) were not. But there is a difference between a certificate under subsection (1) and a certificate under subsection (2). The certificate under subsection (1)—that is, the affirmative certificate—may refer to the past, the present or the future whereas the negative certificate under subsection (2) refers only to the past or the present.
I quite understand the difficulty of a Service Department in making a solemn asseveration that at no time in the future will a given person be called upon to perform a period of relevant service. That, I imagine, was the motive for the omission of the third tense, but that may cause a difficulty not envisaged. A person applying for a certificate may be able to satisfy himself that the person he has in mind is not or has not been performing the relevant service. But when he tries to ascertain whether within a month or three weeks that person is due to be called up, there is no certificate which he is entitled to receive.
As I see it, there is no provision in this Clause, even as amended, for the Service Department to tell an applicant that so far as they know a given person is not in the future going to be called up. Perhaps at a later stage, in another place, that point might be looked at.
I do not think we could agree to a certificate in the form in which the hon. Member for Wolverhampton, South-West (Mr. Powell), asked, because it is quite impossible for us to give any information of any value at all about the future possibilities of somebody whom we do not know being called up or not. That is to say, we could not give a certificate to say that somebody would become liable for Class Z call-up when it had not been decided whether to call him up. I can only suggest that should it become apparent or should it seem that such a person is about to become liable after we have given our first negative certificate, the person concerned should apply again. We simply cannot give any useful information to the effect that, as far as we know, somebody will not be called up, because we do not know whether or not he will be called up.
Amendment agreed to.
Further Amendment made: In page 57, line 22, at end, insert:
(2) A certificate signed by a person authorised in that behalf by the Admiralty, the Army Council or the Air Council stating that a person is not performing, and has not within a specified previous time performed, a period of relevant service in a specified force or forces (being a force or forces in respect of which the Admiralty, the Army Council or the Air Council, as the case may be, keep records), and any like certificate signed by a person authorised in that behalf by the Minister of Labour and National Service in relation to such work or training as is mentioned in the preceding subsection, shall in all legal proceedings be sufficient evidence of the facts stated therein for the purposes of this Act except to any extent to which it is shown to be incorrect.
(3) A certificate signed by a person authorised in that behalf by the Admiralty, the Army Council, the Air Council or the Minister of Labour and National Service, referring to an inquiry as to a person therein described and being to the effect that no per son answering to that description is identifiable in the relevant records kept by the authority on whose behalf the certificate is signed, shall be sufficient evidence for the purposes of this Act that no such person is so identifiable.
(4) A certificate signed as aforesaid stating any matter as a matter appearing from records shall be treated for the purposes of subsection (1), and of subsection (2), of this section as stating it as a fact.
(5) A document purporting to be a certificate signed as aforesaid shall be deemed to be such unless the contrary is proved.—[ Mr. Wyatt. ]
8.52 p.m.
I beg to move, "That the Bill be now read the Third time."—[ King's Consent on behalf of the Crown, of the Duchy of Lancaster and of the Duchy of Cornwall, signified. ]
At the time when this Bill was being debated on Second Reading I think it was generally accepted on both sides of the House that what it set out to do, to protect the civil interests of the men and women whose normal civilian life and pursuits are interrupted over a fairly long period, was right and just. The aim, therefore, of the examination to which this Bill has been subjected from both sides in Committee and during the Report stage has been to try and improve a necessarily complicated Measure. I feel it is right to pay a tribute to the close consideration of a most constructive character which has been given by the Opposition to this Bill at all stages. This examination has been thorough and welcome, and improvements have resulted.
There are one or two features of this Bill which make it desirable that there should be something more than a formal Motion for Third Reading. Since consideration on Second Reading there has been added to the Bill in Committee a new Part dealing with the powers of public authorities to make up the balance of civil pay. During the Second Reading debate attention was called to the then recent announcement that the Government, as employer, had decided to make up the balance of civil pay to civil servants called up for service in Korea, and to those called up for periods of three and 18 months under the plan announced by the Prime Minister in January. This decision, of course, affects Government employment only, but it is a lead to other private and public employing bodies.
The purpose of these new Clauses is to make it legally possible for public authorities who wish to do so to make up the balance of civil pay of their employees in like circumstances. The provisions do not, of course, require these authorities to make payments, but they make it legally possible. The public services in respect of which these powers are conferred are set out in the new Schedule, and are broadly local authority services, police and fire services, officers of the various judicial services of the country and the National Health service. The provisions follow generally those of the Local Government Staffs (War Service) Act, 1939. No new powers are needed in respect of the nationalised industries.
The hon. and learned Member for Northants, South (Mr. Manningham-Buller), drew attention in Committee and again on Report to the introduction of new Clauses after Second Reading, and I have a lot of sympathy with the point he made. It is right to explain to the House why these Clauses were not included in the Bill as first presented. It was simply one of timing. In view of the length and complication of this Bill, and the need that it should pass into law as soon as possible in order to protect the men and women already being called up, it was most undesirable that the publication of the main Part of the Bill should be held up for a decision on one item. Again, it seemed for the general convenience that all matters on this whole subject should be in one enactment rather than in a separate Bill.
A second point on which some comment might be made is that on which there has perhaps been the most discus- sion in Committee—the means by which the Service man or woman can be identified as one who is protected by this Bill. Whenever any legislation is undertaken which imposes liabilities on or gives protection to a limited class of person there is always a clash between what is theoretically desirable and what is practicable in the way of identifying the instances in which the Act applies.
In this Bill the difficulties are particularly acute because of the number of parties interested in one way or another, and because the identity of the persons concerned does not stand out in any obvious way. All these difficulties have been thrashed out in Committee and on Report to the House. All that it is desirable should be stressed here at this stage is that, so far as the Government are concerned, and particularly the Service Ministers and my right hon. Friend the Minister of Labour, they are determined to make this Bill work because it is in the interests of the Service man, and it is the spirit in which it is worked that will in the end govern its success.
That conclusion goes, too, there can be no doubt, for all those who will be concerned in the carrying out of this Bill, and the further consideration which has been given to it has confirmed the view expressed during Second reading that its main aims are in conformity with what the community generally feels is right and fair to these men and women who are called on to serve their country.
8.56 p.m.
I should like to begin by thanking the hon. Member for the tribute he paid to our efforts to improve this Bill and to take this opportunity of congratulating the Solicitor-General on what, I think, is the first Bill, in Committee, for which he has acted as Solicitor-General. I thank him for the courteous way in which he listened most carefully to the arguments which we advanced from this side of the House. Perhaps he was fortunate in one respect—that this was not a highly controversial Measure on a party line; and I think the whole Committee was fortunate in the sense that all Members of it were trying to make the Bill as workable as possible.
This is a Bill which has been variously described. The Parliamentary Secretary to the Ministry of Local Government and Planning, in one of his more heated and indiscreet moments, used a very rude name for it—indeed, a very unparliamentary name which I dare not repeat here. I do not think he really meant it, but it was the rudest thing which has been said about this Bill—a Bill to which he himself put his name. It is a very complicated Bill which largely results from pressure from my hon. Friends that something should be done to protect the Service man and his dependants while he was called up. The intentions are, indeed, excellent. The only fear I have is lest the Bill may be so complicated as to defeat its intentions. I hope that will not prove to be the case.
I think it will be agreed that during the Committee stage and again today we have between us made considerable improvements to the Bill, and I am grateful to the hon. and learned Member for meeting today, by Amendments, so many of the points raised by us from this side, and in particular for accepting our view that when we were providing that council houses occupied by Service men should come within the Rent Restrictions Acts, it would be quite wrong to put local authorities in the privileged position of being able to increase the rents for those Service men when Service men living in other houses would not run the risk of that happening. That, I think, was a very important concession, made after being resisted in Committee; and I am glad that hon. Gentlemen opposite made it.
It is not, however, the only concession that has been made. The Bill is a much better Bill—I am sure that will be agreed—than when it was first introduced into this House. It is a much longer Bill, as the Parliamentary Secretary to the Ministry of Labour has said. It has now in it a Clause giving power to local authorities to make up the civilian pay of Service men. Of course, that Clause, as it was added in the way it was, has not given the House the opportunity of discussing the question, which, perhaps, many hon. Members would have liked to discuss, whether or not local authorities ought to have the power to make up the pay of National Service men. The new Clause does not go so far as to provide that. I understand that that is quite deliberately Government policy. I do not propose to discuss it now. I only hope that this Bill will be further improved when it goes to another place, and that we shall see it back here soon, and that it will soon reach the Statute Book.
9.1 p.m.
The main concern of this Bill was to set at rest the minds of men called up for Service with regard to their homes and rights generally. I have the utmost pleasure in supporting the Third Reading of the Bill. I want to call attention to the general purpose of the Bill as mentioned by the Minister of Labour when he moved the Second Reading. The words he used on that occasion were:
My concern was as to the position of a man who was called up for service in relation to his home. I have ventured from time to time—I do not want to transgress in this respect, but I want just to mention a personal view in this connection—I have ventured from time to time to voice the opinion of men who work on the land and live in tied houses. For the first time certain of these men who live in tied cottages who are called upon to serve will be given protection in their homes. That I want to see given to all men who live in tied agricultural cottages.
There was a discussion a short time ago on an Amendment when some of the hon. Members on the other side were concerned in their minds as to which should come first and on which should be laid the greatest importance—job or home. I am one of those fellows who believe in circumstances like the present that home comes first and that the job comes second; and I am very glad that, in regard to the points that were stressed by hon. Members on the other side, the Solicitor-General did not give way.
I would add this further word, that it was of tremendous interest to hear the views expressed by hon. Members on the other side regarding this question of the tied cottage. I congratulate them upon their changed attitude. If ever I heard a case put up for the complete abolition of the tied cottage, it was put up from the Opposition benches a short while ago. I thank them very much for some of the arguments they have put forward tonight in pressing one of their Amendments. To my mind this Bill breeds real humanity. It will be appreciated, not only by the men who are called upon to serve, but by all the people of this country who wish our Service men well.
9.6 p.m.
The very fact that, as my hon. and learned Friend the Member for Northants, South (Mr. Manningham-Buller), said a moment ago, this Bill leaves this House in so vastly a different form from the one in which it came to us seems to me to be a tremendous vindication of the Parliamentary process. There is no question that the fairly prolonged analysis to which it has been subjected has made it an infinitely better Bill than when it came to us.
The Committee stage worked a great change in the Bill, not least in bulk—an increase of something like 20 per cent., from 52 to 62 Clauses; today, we have added three more Clauses and another Schedule. We have altered its character in many important respects, and that does seem to me a vindication of that process of Parliamentary debate which, in many quarters today, is suspect. Our system, working from both sides of the House, has undoubtedly done something to make this a very much better Bill.
There is one set of provisions which I particularly welcome, namely, those relating to superannuation rights and to the making up of pay. I have a particular interest in that, because as long ago as last November I urged action on those lines during discussion on another Bill. I am very glad indeed that the difficulties which at that time were foreseen in taking such action by right hon. Gentlemen opposite have now been overcome, and that a considerable contribution has been made to the interests of the Service man.
It is immensely valuable, it seems to me, from a national point of view that at this time we should be doing something by way of legislation to try to make up to what is at present a small proportion of our fellow countrymen for the interruption in their ordinary lives and interests which we in this House are by other statutes imposing upon them. We have a very special responsibility for the men with whose normal lives we are using our legislative powers to interfere. It is because the Bill does, not all that could be done but a great deal to compensate them for the sacrifices and losses which we in our actions are imposing upon them, that I wish it well, and I hope that it will soon be on the Statute Book.
9.9 p.m.
As one of the almost silent Members of the Committee which hammered the Bill into shape, I should like to say a few words in commendation of it as it leaves us for another place. I regard it with some affection as a noble Bill, and as a somewhat ambitious Bill which seeks to look at the Service man, in all his manifold duties and responsibilities, as a citizen, and tries to protect him from any misfortune or liability he should incur merely because he has been asked by the country to serve the country. The undertaking was colossal. It is because of the ambitious nature of the undertaking that I think the Parliamentary draftsmen on the one hand and the Members of the Committee on the other have found some difficulty in dealing with this Bill.
As a non-legal man, I should like to pay a very sincere tribute to my hon. and learned Friend the Solicitor-General, who almost presided over the Committee's deliberations from our side, and to the right hon. and learned, hon. and learned and hon. and "unlearned" Members of the Opposition—what was called in the old Parliamentary parlance "the gentlemen of the long robe"—who have revealed to a layman the excellent services that members of the legal profession can render on a Bill of this kind. They have made it their business to see that the Bill more closely fulfils the great purpose for which it is intended, and that it is as legally watertight as possible.
My only regret is that when the Bill makes its way into the world outside, men of the same quality and character will, despite all the efforts of the Members of the legal profession in this House, try to pick holes in it. I think that this is a great little Bill, and one which will serve very well the interests of many Service men.
9.11 p.m.
The hon. Member for Southampton, Test (Dr. King) has said some rather kind things about lawyers, as a result of which some of his hon. Friends gave a rude cat call. I want to say, with all deference and without wishing to appear presumptuous, that upon the legal profession a great deal of the working of this Bill will fall, but I can assure the House that the legal profession will be as concerned as anyone else to see that the mechanism which Parliament has provided for the carrying out of this purpose will be exercised as best as can be done.
I believe that in Committee and in the discussions we have held apart from Committee we have ironed out a great many of the substantial difficulties which we saw at an earlier stage. While we can congratulate ourselves on the progress made with the Bill, we ought to recognise that there are still some points which will have to be dealt with in another place, where the experience and breadth of vision which the Members of another place can bring to matters of this sort will have full play.
I do not think that we ought to say that this is a perfect Bill. I think that the Government recognise that there are still substantial difficulties, but I think that when it comes back to us it will be even further improved. We should all recognise that we owe a great deal to the draftsmen in the years before 1939 who prepared the Courts Emergency Powers Bill, upon which this Bill has been so largely based.
There is one final thing which I would say with all respect to the Parliamentary Secretary to the Ministry of Town and Country Planning. I think that what we on this side of the House, have done in Committee and here to-day, will convince him at least that we want "this blinking Bill" as much as he does.
Question put, and agreed to.
Bill accordingly read the Third time, and passed.
National Assistance Scales (Increase)
9.14 p.m.
I beg to move,
I think that hon. Members on both sides of the House will agree with me that it must give us all great satisfaction to know that if these increased scales are approved by the House, they will improve the lot of the most insecure section of the community. They will improve the lot of the sick and their dependent children, of the aged, and of the widows and their dependent children.
I would commend to the House a booklet which was issued about two weeks ago, which comprises the Report of the National Assistance Board. In that Report there will be found a great deal of very valuable information, which goes to show how detailed is the work of the Board and how the people, whose lives we are discussing tonight, have to face up to their difficulties. While I commend this little booklet to the House, at the same time I should like to pay tribute to the National Assistance Board. As the weeks go by I am astonished to find how seldom I have to defend the work of the National Assistance Board.
The work of these officials is not easy. They are not only there to administer certain Acts of Parliament, but they are there to deal in a humane and kindly fashion with people to whom life has not been easy. Because of this people sometimes are a little bitter and not easy to appease, but despite this the officials of the National Assistance Boards do their work in a most efficient manner. They administer the Acts in a kindly and humane manner, and, on behalf of the whole House, I want to thank them for the way in which they do their work.
It will be seen in these Regulations that the scales are being increased. Of course, these new scale rates do not represent the whole amount allowed by the Board, because the Board are also required to make an allowance for rent. The scales do represent the amount normally allowed for expenses other than rent. The main scales are to be increased to 30s. for a single person and 50s. for a married couple. In both cases, these scales represent an increase of 15 per cent. on the current rate.
The ratio between the rate for a single person and a married person has been maintained. A week or so ago after the National Insurance Act became law, I was asked whether the increase in these scales was identical with new benefits which are being given under the National Insurance Act. On Second Reading I said I hoped the rates would approximate. In fact, they do approximate, and my hon. Friend the Member for Ince (Mr. T. Brown), who takes such an interest in these things, will observe that I said the ratio, which is the ratio of three to five and is the ratio between the single person and the married couple, is identical to the ratio in 1948 and, to the nearest sixpence, in 1950. I do not think, therefore, that he can charge me with bad faith.
The children's rates, which go up from 8s. to 12s. according to age, will all be increased by 1s. 6d. My hon. Friend the Member for Tottenham (Mr. Messer), with whom I was associated for so many years on the Middlesex County Council, takes a special interest in the blind and those suffering from tuberculosis. He will be glad that the special scale rates for blind persons and persons undergoing treatment for pulmonary tuberculosis, are being increased so as to maintain the present margin of 15s. over the ordinary rate.
I feel that I am anticipating the speeches of my hon. Friends because I know them so well; I know what is in their minds and I know what they propose to say. I know that my hon. Friend may well put up a very good case and say, "Look here, the blind and those suffering from tuberculosis must always be considered very specially by the National Assistance Board." I want him to know that if a blind person or one suffering from pulmonary tuberculosis says to the Assistance Board, "There are special circumstances. I have to have some domestic assistance and my domestic assistant now wants a higher rate of pay than she used to have," that kind of thing will be taken into consideration. In other words, their exceptional needs today will be taken into consideration by the National Assistance Board.
I want to say something about rents. Some hon. Members may not be aware that since the last regulations came before the House the local rules by reference to which the Board's officers deal with rents have been revised in accordance with the recommendations of the local advisory committees, and where an applicant for assistance is responsible for the rent—where, for instance, he has no daughter or son living with him who can help with the rent—the full amount of the rent is at present generally being allowed. I am glad to tell the House that 97 per cent. of such people who apply for a rent allowance receive it in full.
I will now deal with cases of exceptional need. Some of my hon. Friends from Scotland remind me on these occasions that in Scotland those who applied for assistance were given not only monetary assistance but also assistance in kind. My hon. Friends always plead that we should adopt the same procedure. I have always taken the view—my predecessors have always taken the view, too, and I believe it is the right one—that it is better to deal with exceptional need as the applicants see it. An applicant may feel that he needs more money for clothes, coal, a special diet or domestic attendance, and if that can be proved an extra allowance is given to meet the need.
The amount given last year for special or exceptional need amounted to £5 million. More than half the old people receiving assistance from the Board already had their weekly allowances increased by the exercise of this discretion, and I do not expect this proportion to diminish. I hope the House will remember that over half the old people who have to manage on the scales set out in the regulations are given more to meet such need.
I expect hon. Members are wondering just what form the administration of the Regulations will take and whether they will involve a great deal of worry and bother for the old people. I do not want the old people to do anything about them at all. I want them to sit back. The Assistance Board will do all the work. The Board will either change the books or amend them; the old people need not worry at all, and they need not worry their hon. Members to write to the Minister, for everything is in hand.
In case there should be a slight slipup somewhere, hon. Members can tell these old people that if it should happen that payments are not made on the exact date, the payments will be made retrospective, so there is nothing for them to worry about. From what I know of the Board, I am sure that they have the whole matter well in hand and that all is going forward smoothly, although it entails a great deal of work; but I am quite sure that the payments will be made on the date which I have indicated. So, having regard to all that I have said—I feel that I have touched on some of those points with which hon. Members are concerned—I hope that the House will approve the Regulations.
9.25 p.m.
I join with the right hon. Lady in commending the work of the National Assistance Board and of its officers, as well as the Report that has recently been published. Members on all sides of the House will find the Report an illuminating document which gives clear evidence that these officers discharge their difficult task with every evidence of both efficiency and humanity.
The right hon. Lady indicated to us that these Draft Regulations were before us because of the undertaking which she gave during the passage of the last National Insurance Act. But of course the real foundation of the situation which we are facing in these Regulations, as we faced in the case of the National Assist- ance Act to which the right hon. Lady has referred, is that we are being asked to approve these enhanced scales because of the continued rise in the cost of living. That is the situation with which we are faced today.
In the words of the Explanatory Memorandum issued with these Regulations:
We must all realise that we are agreeing tonight to increases in money payments, but the Regulations do not mean that those receiving those increased payments will receive any more than before in goods and services. The continued rise in the cost of living will take care of that. The fact that we are increasing these money payments should make us all think of all the other people who are trying to live on fixed incomes today, who must face the rising cost of living without any hope of adjustments such as we are asked to make tonight.
On both sides of the House hon. Members would like to know when and where this process is to stop. We have an uneasy feeling—I have—that we are at present pouring water into the sand. In estimating the cost of these proposals, there is a paragraph at the end of the Explanatory Memorandum which does not carry us very far in arriving at any definite conclusion as to the cost. But the number of people who will be drawing these assistance rates is clearly a relevant factor in the cost of the proposals as a whole.
I must say that I find it very disquieting to observe the rapid increase in the number of those receiving public assistance since 1948. Half a million more people are drawing public assistance, and this latest Report, so justly commended to us by the right hon. Lady, states that in all, including dependants, about two million people are dependent in whole or in part upon public assistance today.
National Assistance.
National Assistance. I am obliged to the hon. Member for bringing me up to date. It is true that every time that we raise the scale, more people are enabled to qualify; and that must be borne in mind. But we raise the scale only in order to compensate for falls in the purchasing power of money. The blunt fact—I think it is a reflection of a rather melancholy character—is that measured in terms of real wealth, there are today two million people who require National Assistance and qualify to receive it by an examination of their necessities.
We shall pass the Regulations tonight, but I certainly have an uneasy feeling that we are not solving the problem which is today bringing distress to so many homes. We are, perhaps, enabling those in receipt of National Assistance to keep afloat on the rising tide of inflation, but unless the Government can find some way of restoring a stable currency, we shall be doing this for a short time only.
9.31 p.m.
The charming manner in which my right hon. Friend submitted the Regulations to the House destroyed at once my aggressiveness to the Regulations. I express my gratitude to the National Assistance Board—or at least to 99 per cent. of it—and to the right hon. Lady in introducing the Regulations. I have been brought up in the school of thought that we have to be thankful for small mercies, and I am very thankful that my right hon. Friend has introduced these Regulations, which give a concession to those who are the most needy in this land of ours.
But that does not prevent me from submitting one or two words of criticism on the Regulations now before the House. My first complaint—I put this with all due respect both to the National Assistance Board and to my right hon. Friend—is that it has taken too long to arrive at a decision. The rise in prices has been going on since the introduction of the last set of Regulations on 12th June, 1950. The amending Regulations which we are now considering will only become operative, according to the Memorandum, on 3rd September, 1951. Therefore, in my judgment it has taken too long to arrive at a decision. That is my first complaint, and I hope that it will be taken in the right spirit.
My second complaint is that the Department—I must not blame my right hon. Friend or destroy the charm with which she introduced the regulations—have been too long in laying the Draft Regulations before the House. They knew full well months ago that they would have to amend the existing Regulations, but they have been too long in laying the draft before the House. My third complaint is that the date when the Regulations become operative and will bring about the benefits which they contain to those who are in dire need, is a long way into the future.
When one recalls the rising trend of prices since June, 1950, to May, 1951, one realises the paramount importance of introducing regulations to increase the existing scales of Assistance. I do not quite agree with the right hon. Member for Cirencester and Tewkesbury (Mr. W. S. Morrison) that the National Insurance Department or the National Assistance Board are responsible for the rising prices we are experiencing today.
If the hon. Member will permit me, I hate to interrupt, but I never made such a statement. It is really a question of the economic policy of the Government and the rising prices should not be pinned on any organ of the Government.
The inference was there because we are discussing Regulations presented to us by the two departments. My view is that the rising prices are not due entirely to the Government in power today, but to a set of world conditions over which we have no control. Therefore, I agree that steps ought to be taken in every way to peg down prices and maintain the stability and purchasing power of the pound. But it is extremely difficult, owing to the world shortage of materials, to peg down prices. In point of fact, if the Government could have pegged down prices some time ago perhaps we would not have required any amended regulations at all.
As the right hon. Gentleman rightly and truthfully said, it is due to the rising prices that the National Assistance Board and the National Insurance Department have to come to this House and out amended regulations before us. It is true, as the right hon. Lady said, that the increase is approximating to 15 per cent, on the old scale. But the rising prices up to the end of May represent a 9 per cent. average increase over all, and I will give one or two items which are responsible for the increases in the cost of living.
I take my base as 13th June, which was the date after the present Regulations became operative. The cost of food since 13th June, 1950, up to 15th May, 1951—the latest figures available according to the Statistical Digest—has gone up 10 per cent. Rents and rates have increased 2 per cent. We need not trouble our minds so much about that in relation to the application of these Regulations because, as the right hon. Lady said, applications for assistance for payment of rents were granted to 98 per cent. of the people who stand in need.
The question of clothing is of paramount importance to our old people. That has gone up 15 per cent, up to and including 15th May, 1951, but since that date several articles in certain grades have gone up by 35 per cent.—I refer to footwear. In my judgment, to a very large degree the concession given in these. Regulations has been cancelled by the rising prices since May.
Again, I am not using any threat, but in a few months' time, unless something is done by the Government to peg down prices, we shall have to do all this work all over again. Fuel and light has increased 11 per cent. and household goods—an important factor in the lives of these old people—have gone up by 20 per cent. while services have gone up by 8 per cent. There has been a continuous and constant rise in prices which in my judgment at a very near date, even before these Regulations become operative—which is 3rd September—all the advantages contained within these Regulations will be wiped out. Therefore, I submit again that it would be much better if the National Assistance Board, the National Insurance Department and the right hon. Lady had been quicker in submitting these Regulations.
I am pleased that the right hon. Gentleman the Member for Cirencester and Tewkesbury (Mr. W. S. Morrison) referred to paragraph 5 of the Explanatory Memorandum. I had intended to refer to that. It is important that we should have regard to the Explanatory Memorandum which says that the proposals take account of current trends in prices as well as changes which have already taken place since the present rates came into operation. I submit that since the Regulations were drawn up and submitted to the House there has been a considerable rise in prices.
The rules of procedure prohibit us from putting down Amendments. We must either accept or reject the Regulations, and one does not desire to reject them. As a humble and ordinary back bencher I issue this warning, for what it is worth, that unless there is a definite and honest attempt to peg down prices of food and clothing, we shall make representations to the National Assistance Board and the Ministry of National Insurance that these Regulations do not foot the Bill even at present.
A further point I wish to mention is about the date upon which these Regulations become operative. I was one of those hon. Members who, on the Second Reading of the National Insurance Bill which raised the basic rate, were concerned about procrastination. Originally the increase in the basic rate was to be dated from 1st October, and it was pointed out by the right hon. Lady, who knows something about administration, that there would be difficulties about bringing the increased scales into operation before that date. We must be realists. We must admit that there is a great deal to be done so that the pension books may be ready in time. But I suggest that these Regulations ought to be made operative earlier than 3rd September.
I hold that point of view very strongly. We shall be on the eve of winter before the people who have been waiting for this increase get the benefit of it. I hope that those concerned will examine the situation to see whether the Regulations can be brought into operation before that date. Again I say "Thank you" to the right hon. Lady. I say that sincerely. I know that there has been a misunderstanding between myself and the right hon. Lady. [ Laughter. ] I have been misunderstood before, but, joking apart, this is a serious matter. We are dealing with human beings, and I appeal to the right hon. Lady to see whether she can bring these improved scales into operation earlier for the sake of those who have waited too long for so little.
9.45 p.m.
I am very glad to find that a number of points that I want to put to the right hon. Lady have already received some reinforcement from so experienced a witness as the hon. Member for Ince (Mr. T. Brown). The right hon. Lady asked us to share her satisfaction with the increased scales now about to be approved. We can do that from one point of view, that of those who are going to receive them, but I want most emphatically to record the fact that we on this side of the House deplore their necessity.
When a similar discussion took place a year ago, I alluded to the fact that, as a result of some research work into wage agreements which were affected by changes in the Retail Prices Index, I found that these changes represented approximately 7d. per point for each change in the index figure. Last year, the Minister told us that the changes were intended to incorporate slightly more than the mathematical calculation which would have followed from the mere application of the index figure, so that a little something was in hand for future increases.
It is interesting to compare the position then with the position now, using that same yardstick of 7d. for each point of change during that period. At that time, since the rates were previously fixed, there had been a rise of five points, which, on the basis of 7d. per point, would appear to justify an increase in the scale for a married couple of 2s. 11d. There was, in fact, an increase of 3s. 6d., so that there was a little something in hand. On this occasion, there has been a rise of 10 points since the scales were last fixed, which by the same test would suggest an increase in the rates of 6s. 10d.
Far from there being anything in hand to take care of subsequent increases, the increase is one of only 6s. 6d. Therefore, I find it very difficult to justify the comment referred to by two previous speakers and which appears in the Explanatory Memorandum that the current trend, as well as past experience, has been taken into account in arriving at these figures. I say quite emphatically that I do not think the right calculations have been made.
From that I want to go on to suggest how it comes about that an apparently insufficient figure has been presented to this House, which I think is due to a desire, either on the part of the Board or of the Ministry—I do not know which—to bring into line the new scales of National Assistance and the new insurance pensions which were formulated at the time of the Budget. That also would appear to explain why there has been such an unconscionable delay in bringing forward the revised rates.
A year ago, an increase of five points in the index figure was thought sufficient to justify fresh scales. Why has it now been thought necessary for an increase of 10 points in the index figure to be apparent before the improved rates are to be allowed to the beneficiaries? Again, one can only imagine that there has been some link between the timing of these increases in scales and the timing of the improved pensions which were decided upon at the time of the Budget.
I want to say quite emphatically that it is entirely wrong that the National Assistance Board should judge the merits of cases with which they have to deal by any other consideration than the needs of the people concerned. They ought not to be influenced at all either in the amount which is recommended or in the timing of the application of new scales otherwise than by some changes in the cost of living itself.
It is suggested that the total increased cost of these changes will be £7 million net. I find it very difficult to understand how that figure is arrived at. When the last change was made and the increase to the married couple was 3s. 6d., the net cost was estimated to be £10 million. The increase this time is not 3s. 6d., but 6s. 6d. There are some 200,000 more people eligible to draw National Assistance than there were a year ago, and there will be substantial additional numbers coming in as a result of the higher scales prevailing.
I imagine, although I am not clear about this, that there will also be the outgoings represented by assistance needed for dentures and spectacles, all of which suggest that far from there being a smaller cost this year there will be a larger one as compared with last year. I readily admit that the increase in the pensions will of itself tend to reduce the figure this year in contrast with that of last year, but I should have thought it difficult to justify the belief that there will actually be a smaller figure after practically doubling the increase than there was a year ago.
I think we have to watch very carefully the extent to which this whole system requires public funds to keep it going. In the last two years, the cost of this system has doubled, and that is a very serious state of affairs. We are told that 1,500,000 people are likely to be directly affected and well over 2 million indirectly affected. I am one of those who believe that if there is to be any limit to the amount of public funds made available to the old, those on National Assistance should have first priority. But we are reaching the stage when the numbers of those on this system are becoming very alarming and suggest that we are approaching a complete breakdown in our social system when we find that over 2 million people have to go on National Assistance in order to obtain sufficient from which to derive a modest livelihood.
Those reflections suggest to me that further trouble lies ahead. The hon. Member for Ince would, I think, agree with me that the evidence which we all know about, but which has not yet appeared in the Statistical Digest, makes it abundantly clear that the present trend of increased prices has not adequately been taken care of here, and that it will be a comparatively short time before further increases will be recommended by the Board.
At the time of the last change, there was a two-year lapse between the two sets of figures. We have just had a one-year lapse, and it would not surprise me if next time there were a six months' lapse. That is certainly alarming, and every time we increase the rates, which is quite necessary—I do not complain of that side of it—we bring in additional people and indirectly influence wages upwards, because there must always be a reasonable margin between what the people on National Assistance and their families receive and the minimum wage prevailing.
In addition, as we get such a large number of people on National Assistance the thought is very properly suggested, "Ought we to relieve the numbers on that system by increasing the benefits of insurance and consequentially increasing the contributions?" Clearly, the more generous the contributions to the National Insurance the more generous the benefits that can be paid and the fewer will be the people standing in need of National Assistance. And as the people on the scheme increase so comes the inference that we may have to consider improving insurance benefits, but I submit that if that is to be thought of we must of necessity increase the insurance contributions.
But if that is to be done, does anybody really imagine that increased insurance contributions can be paid without influencing the wage rates? So we find ourselves in this vicious spiral that as we attempt to do justice to people on National Assistance, and we bring more and more in, we have an influence on National Insurance and indirectly an influence on wages. That appears to be a spiral to which there is no apparent end.
Therefore, we are forced to the conclusion my right hon. Friend the Member for Cirencester and Tewkesbury (Mr. W. S. Morrison) stressed, that until the Government can find some way of keeping down the cost of living—not necesarily by artificial means but really keeping it down—the spiral will not be broken, and in my judgment this Government will never succeed in doing it.
9.56 p.m.
I was very interested in the remarks of the hon. Member for Aylesbury (Mr. Summers). I believe his criticism of the scaling and the timing of the regulations were well merited. I felt, however, that his own political philosophy prevented his accepting in toto the situation as it is today. I thought he was rather inclined to run away from the implications of these Regulations, but, like him, I do not know that I can give my blessing completely to the Regulations.
I have been always uneasy when discussing the scales for the sick and poor of this country, and the only glimpse of sympathy I can find in all these Regulations is that we have definitely made up our minds that we shall try to prevent the poor becoming poorer. But there is never any thought behind them that in the main we should try to raise the standards of the poor and put them on a higher scale. Our total expenditure on civil affairs, great as it may appear, is only a drop in the bucket compared with the great increase in expenditure on armaments which were authorised not long ago, and we should appreciate that.
I have never liked these Regulations as a whole. Any one with experience of the former method of assistance will remember that it was handled by the local authorities. We could accept certain parts of the scales because we thought they were reasonable and decent and we were entitled to reject other parts because we thought they were harsh or unjust. Tonight, we have to accept the scales in toto whether we like some parts or not.
I feel that some of the scales presented tonight are a little unreasonable. There is one I have constantly harped upon since the scales were issued. The scale for the single person has been raised by 4s. but the person aged 21 or over still lags behind a person of the same age who was regarded as having a household responsibility or was living alone.
I want the Parliamentary Secretary to tell me what is meant by "living alone." I can understand the meaning of "householder" but I do not know what is meant by "living alone." Does it mean a person living in his own house? Obviously, it cannot mean that, because a person is designated as a householder. Does it mean a person living in a workman's home? Is such a person living alone? These words, which are part of the old Poor Law, are ambiguous and make it impossible to understand them, and they are left to the officials to determine their meaning. We ought to be quite clear on this point.
If it is said that there is a distinction between the person over 21 years of age living alone and receiving 30s., and another person getting 26s., then I do not know why there is that difference. It is clear that the person getting the 30s. gets the rent payment in addition, so that a person can be living in a house and receiving 10s. rent payment on top of the 30s., which means that he gets a total of 40s. The other person over 21, who is regarded as not being in that category, gets 26s. and not one penny more. I do not see the justification for that distinction, as I have said on numerous other occasions. I admit that where rent has to be paid a person is entitled to the additional sum, but I would like that point looked into.
Another point is this. The regulations make it clear that persons living in local authority homes or in hospital are to have no change of any kind in their allowance. I am not unduly disturbed about the increase to the local authorities; I think they have a strong case. My main complaint, however, is that when the Regulations were first introduced great play was made in the House that the old persons would get 5s. which they could use for their own special purposes. That sum of 5s. has not been increased. Surely it is rather mean to continue that amount, because the total number of people concerned is only about 2 per cent. of those on the scale associated with local authority homes and hospitals. There is justification for giving some slight increase to the old people who have tobacco and little extras to buy. The amount involved would be infinitesimal indeed.
I now come to a subject that has often been raised in this House, namely, clothing. I maintain that local officials and tribunals can read almost anything they like into the words "special circumstances or exceptional needs." The Minister said that she would prefer to leave the question of special needs, and that, if permitted by the officials, people should get the clothing. Let this be clearly understood. This 30s. that the single person gets is not only calculated on the basis of his every day needs, but he is supposed to put something away regularly in order to purchase clothing. I think the whole idea is quite wrong.
Therefore, if this increase is to become operative when we are entering the winter months, and if the Regulations cannot be changed—I know they will not be changed at an early date—I ask the Minister to advise not so much the officers—because many of them are decent and broad-minded—but some of the tribunals and committees to be a bit more generous in their examination of the claims of the very poorest people who go before them.
I recognise the difficulty of the Minister and of the board in introducing regulations speedily because of the machinery which exists. I am one of those who still have very grave doubts whether this question of assistance can best be handled on a national basis.
I think legislatively we can give an indication of the best way to look after the needy people of this country, but the machinery is so cumbersome and the time lag is so serious that there is a very strong case for giving much greater discretionary powers within many areas in the country. Let us be quite frank: a local authority would have handled this very much more quickly and the scales would have been increased and would have been in operation.
I agree that there is a great danger in the fact that certain local authorities, who are progressive, would operate quickly while other local authorities, of which we are all well aware, would lag behind; but I think there is need for some closer working between the national board and the local machinery. At this hour it is not my job or my responsibility to try to argue the kind of local machinery which should be put into operation, but I say that this centralisation prevents the scheme from operating as quickly as it should be operated, and I ask that that fact be taken into consideration.
We must welcome any increase in the rates for the aged and the sick of this country. Over 80 per cent. of the people receiving these scales are the aged, or those over 60 or 65, or the sick people. We welcome the new scales but, with all due respect to the board and to the Minister in charge, I am afraid that if prices continue in the present way we shall require to make representations at a very early date for a further increase of the sum being granted.
10.7 p.m.
In following the hon. Member for Bridgeton (Mr. Carmichael), I want to say that, with many other hon. Members on this side of the House, I was stirred by the argument he was beginning to develop about the need to examine National Assistance with a view to giving more responsibility for it in the local areas.
Undoubtedly, one of the difficulties with which our constituents are presented—and this has run through the speeches of so many hon. Members tonight—is the long delay which has occurred in bringing these Regulations forward. My hon. Friend the Member for Aylesbury (Mr. Summers) has correctly analysed the reasons for the delay. Instead of the National Assistance Board considering this problem in the light of the changing circumstances which we, as Members of Parliament, and which social workers throughout the country have recognised in the past year or so, since the last Regulations were introduced, they have been checked and held back by talks going on in the Government about alterations to National Insurance.
I am quite sure, too, that one of the reasons why these things, which our own instincts were making plain to us, were not reflected sooner in Government policy has been the inadequacy of the cost-of-living index. We discussed that subject in the House a little before Christmas. We were then told that the advisory committee on the cost-of-living index was looking into the matter. We are still awaiting their report, and the sooner we get not only the present report but a continuing series of reports the easier it will be to bring to the attention of this or any other Government the sort of almost bogus-scientific background which is apparently needed to make any Government move with the necessary speed in these matters, which are matters of people's lives.
I feel very strongly about this, because we are brought up against this problem not only every year, or when the new regulations are introduced, but week by week when we meet our constituents. It is not just our problem; it is the problem of millions of our constituents who during the past year have suffered anxiety, seeing prices rising all the time while nothing was done about the scales. Just as 15 or 20 years ago unemployment was the great problem that troubled everyone in this country, so today the rising cost of living is the problem. This Government has, at least in part, to bear the burden of responsibility for the troubles with which we are confronted because of the cost of living at the present time.
Now I want to turn to one or two of the details in the Regulations before us. While it is perfectly true that the payment rates have been increased there are many details which have been very little changed. I know that the right hon. Lady when she was moving the Regulations told us that 98 per cent. of those who applied for rent were granted it at the present time. But, at least in parts of my constituency, many pensioners and others drawing assistance are becoming more and more unhappy about the increasing rates payable by those who still own their own houses and who are finding that the burden of increasing rates is an ever-worsening factor in their daily lives as a larger and larger proportion of their money has to be spent on increasing prices elsewhere. Similarly, I am struck on looking at the Regulations by the fact that while there is allowance made for interest payments on mortgages or building society loans which have been granted in the past for the buying of houses, there is no allowance at all for the capital repayment, which again is an increasing burden at this time of rising prices.
I have been very much struck—and I should like to bring this to the attention of the House—by a letter which I received recently from a constituent who wrote to me about her mother, saying:
I hope that we shall not have to consider Regulations of this sort again in so short a time as that in which we have had these come to us. I take, perhaps, a slightly more optimistic view than some hon. Members about the future cost of living. However, I do hope that if we have to examine National Assistance Regulations again it will not be the monetary rates only but also the special payments which we should consider, for they are a specially important matter in the lives of our constituents.
10.15 p.m.
I apologise for detaining the House at this late hour. I propose to be brief, because the general case has already been very well put, and I know that there are many on this side of the House who are prepared to reinforce the arguments that have been advanced.
As my right hon. Friend said in introducing these Regulations, I am interested in the special scales. It may be remembered that, as far back as 1920 the House of Commons turned its serious attention to the condition of the blind, and made the first effort to deal with them as a special category. The 1920 Act did not go very far, but it made a beginning. When Sir Kingsley Wood was Minister of Health he introduced a very good Bill, which became an Act in 1938, which lifted the blind people right out of the Poor Law: They were to be regarded as people whose poverty was due to no other cause than their handicap; their poverty was not of a transitory character but was permanent, and therefore should be so recognised.
It will also be remembered that the blind persons' pension was given at the early age of 40. Also, those blind who were employable, notwithstanding the amount they were able to earn, were given a sum by the local authority—the county council or the country borough—of 15s. a week as an encouragement to train for work and to earn their living if possible. In addition, those who were unemployable were given a domiciliary grant. The only weakness in the whole thing was that it varied up and down the country. I am trying to show that then the House, and indeed the country, regarded the blind people as a special category.
I do not want to say one word of a sentimental nature, or to bring into my arguments all those phrases which touch people because of the terrible disaster which befalls those who become blind; but it is a demonstrable fact that it costs a blind person more to live than it costs a sighted person. There are many little things that blind people need for which they have to pay. There are many things that ordinary people can do for themselves which the blind people have to pay to have done for them. When they ride in a vehicle their guides have to be paid for, which means double fare.
In 1948, when the National Assistance Bill was going through the House, it was recognised still that blind people must be regarded as a special category, and for that purpose they were allowed 15s. more than the ordinary scales. Nobody can argue that 15s. today will buy the same amount of commodities that it would purchase in 1948, and the claim which is being made by the blind organisations is surely a fair one, namely, that the proportion by which the ordinary scales are increased should be the same proportion as the increase of the special rates.
I appeal to the Parliamentary Secretary to put this point before the Minister. I know that she herself is sympathetic. Indeed, she served with me on the Blind Persons Committee of the Middlesex County Council for some time. I do not know whether I am to be blamed for it or not, but I launched the right hon. Lady on her public life; I introduced her to the people of Tottenham who elected her a member of the Middlesex County Council—a position she held until she became a Member of Parliament, when she turned to perhaps better things.
The blind people have a claim, and I urge the Parliamentary Secretary to discuss this matter with the right hon. Lady. It was suggested by the present Colonial Secretary when he was occupying the position of Minister of National Insurance that whatever else happened there would be no question of making worse the condition of people who were receiving benefit under local authority schemes. I do not want to dwell on that matter.
There is a second category which concerns the position of people suffering from respiratory tuberculosis. During the war, a survey was made and it was found—I do not want to be alarming or to exaggerate—that a large number of people were deterred from undergoing treatment for tuberculosis because they were not prepared—in fact, they could not afford—to give up the jobs they were doing. Because they did not undergo treatment in the earlier stages of the disease their condition got worse, and we lost effectives from production.
When the Government recognised that, they brought in, as an inducement to tubercular people to undergo treatment, what was known as Article 226T. That was an Article which entitled those who gave up remunerative employment to undergo treatment to a special scale. Again, in 1948, by a Bill which was going through the House, the claims of those who were receiving 226T scales were recognised, and it was said that because they were receiving this special rate they would be granted 15s. extra.
The right hon. Lady, when she was introducing these Regulations, seemed to take pride in the fact that the same margin as was then established is maintained, but there is no merit in that argument, because it costs the tubercular person more to live than the person who is not tubercular. There is need for special care in diet, for special care in regard to hygiene and for care in many other ways. I know that the answer is, "Oh, yes, but if these people will go to the officers of the board and state their needs exceptional treatment will be given to them." How many people want to do that, and why should it be done? If 15s. was able to purchase a given amount of commodities in 1948, what we ought to say in effect is that the same ratio should apply; they should not be entitled to 15s. but to what 15s. can purchase. I therefore make this plea on behalf of these people.
Happily, the figures for tuberculosis are showing optimistic signs. I am not misled by that. I remember that we have had these cycles before. I remember that on one occasion when Mr. Ernest Brown was Minister of Health and we were debating in the House the question of tuberculosis, he pointed with pride to an improvement which shortly afterwards rapidly changed.
I am not misled by the present encouraging figures. The people from whom there is the greatest danger are those who are on Public Assistance and unable to build up that resistance which is the only thing that can defeat this disease. We know quite well by experience that a good standard of living developes the capacity of resisting this dread disease. I, therefore, make a special plea on behalf of this section of the community which, I believe, is worthy of more consideration than it has been given.
I say no more, than to plead with the Parliamentary Secretary on behalf of these two classes of people. If one had the time one could depict the picture revealing the whole position. It is important for the T.B. sufferer that this scheme to be effective, and not from a negative aspect but from the positive point of view we ought to see that these less fortunate people get as much compensation as possible for what they are called upon to suffer.
10.25 p.m.
The whole of the debate so far has been animated with intelligence and humanity, and the hon. Member for Tottenham (Mr. Messer) has spoken with the specialised knowledge of the subject which we all know he has and respect. I hope that he will forgive me if I do not follow him in any great detail, but I have only a few brief points which I desire to bring to the attention of the House.
I, too, should like to pay my tribute to the officials of the National Assistance Board for their benevolence and their humanity. I should like to add one trait which has not been mentioned so far and which I came across the other day when a case in which I was particularly interested was being considered. That is the talent and ingenuity they can put into reading the Minister's Regulations to the interests of the particular person affected, even if it is not always what the Minister intended; it is just as well that the Minister herself is not here at the moment, but I should like to add that the office to which I am now referring is not in my constituency.
The first point I want to raise arises from a paragraph in the last Report of the National Assistance Board about certain single payments, particularly payments to persons who are just starting to work and need help because the employers' arrangements would not enable them to draw their wages at the end of the first week. The number of payments involved is small, only 8,119, and I have no knowledge of what sum is involved, but this is public money, and it is our duty to see that the public is treated rightly in this matter. I cannot help feeling that in many cases those amounts ought to be recovered and steps taken to see that employers reform their methods and conform to what is the normal practice in industry. I hope that the Parliamentary Secretary will deal with that point when he comes to reply.
The second point refers to paragraph 4 of the Explanatory Memorandum, and in particular to the amount allowed to persons residing in local authority homes. I agree with the hon. Member for Bridge-ton (Mr. Carmichael) that the time has come when we ought to look at the sum allowed for pocket money, but the particular facet of the problem I want to raise relates to the cost of living, which is rising for local authorities as well as for everybody else. We are, therefore, leaving a sum of money which ought to be raised out of national taxation to fall upon the rates. It may be in the long run that it comes out of the same pockets, but that is not the point. If it is an item of national expenditure, it should be paid out of national taxation. We are entitled to ask the Parliamentary Secretary to answer that point, and to tell us what is the Government's policy in the future.
The third point I should like to raise concerns paragraph 5 of the same memorandum. The hon. Member for Aylesbury (Mr. Summers) and the hon. Member for Clitheroe (Mr. Fort) have already mentioned the cryptic remark that these proposals take into account the current trend in prices as well as changes which have already taken place. I think it is time Parliament was told by the National Assistance Board what were the processes of thought by which they arrive at the amounts which are required. My hon. Friend referred to the cost of living index. I was talking about this with a constituent not long ago who asked, "Whose cost? Whose living? And what does it indicate?"
I do not think anyone would suggest that the cost of living index was based on the standard of living of those people who are most directly affected by National Assistance. Therefore, I think it is time Parliament really was told what are the calculations on which the National Assistance Board decide when changes are necessary. As to taking account of the current trends in prices, we know that these are upwards at the present time, but if they are putting forward proposals for fixed future amounts, I can only assume their calculations are based, not on the work of an economist or statistician, but on that of a soothsayer. We are entitled to more information than we have had so far on that point.
My last point is one that I think no hon. Member has mentioned so far. It is a piece of thin ice over which the right hon. Lady skated gracefully. It is the question of the amount of disregards. What we are dealing with are the new rates which result from the rise in prices, but the cash amounts involved for disregards for assistance remain the same. Let us be frank about it and recognise that in practice this means a cut in the standard of living of those receiving financial assistance. The total sum of £400 over which assistance is not allowed is by no means the sum it was when the Act was brought into being. I think that is startling evidence of the way in which inflation is gradually eroding the whole of our system of welfare. It is no good pretending that the Welfare State, which above all depends on a stable currency, is now what it was when it was brought in with all its high hopes a few years ago.
10.34 p.m.
The hon. Member for Aylesbury (Mr. Summers) took rather a gloomy view of the increased number of applicants for National Assistance. It seems to me that this increase is the very thing we set out to meet when we brought in the National Assistance Act. This Act was to provide minimum subsistence allowances for all people who for one reason or another fell outside the provisions of the National Insurance Scheme.
The real explanation of the increase is that by the experience of the working of this Act people have lost their fear of the old Poor Law stigma attached to the provision of public assistance and now are quite willing to come forward and apply to the National Assistance Board, assured that they will receive humane treatment. Moreover because the National Assistance Board has been able to deal with people in their homes and not only at the offices, more and more people are coming forward to seek National Assistance.
I take the view that even now not enough people are coming forward to get what is their just entitlement under the National Assistance scheme. If we take the question of rent allowance, the assistance scales are now equivalent to the National Insurance payments. But the National Assistance scales also provide for a rent allowance, and in those circumstances I would have thought that practically every person who is entitled to a National Insurance retirement pension would at the same time be able to claim a rent allowance through National Assistance, because the disregards are such as would enable most people to qualify for rent allowance.
Yet we find that something like 900,000 people are receiving a rent allowance of some kind, whereas there must be about two million separate families receiving insurance benefits. I wonder if we could have some information about that, so that we can see whether these people are quite certain that they are entitled to this rent increase, because that would be one means of supplementing National Assistance payments.
I want now to deal briefly with an important point concerning the exceptional needs grants. The Minister, in introducing these Draft Regulations tonight, dealt with what, I think, are the discretionary grants, and not with the exceptional needs grants, when she said that about £4 million were being spent in that way. In 1950, according to the Report, for clothing and bedding, the chief items, there were 132,500 exceptional needs claims received, and these were equivalent to about £490,000.
It is considered that the person in receipt of assistance is expected to provide for the renewal of clothing out of the weekly allowances. That may be all right when a person first comes on to National Assistance, but people in heavy industrial areas who, through disability or for other reasons, have long spells of sickness or unemployment, are in the greatest need of renewal of clothing after a year in receipt of National Assistance. If they put aside 1s. weekly out of their present 30s., or if they did so out of the former 26s., as it was suggested we could expect them to do, it would take them about six years on my calculations to get a fairly modest suit of clothing, apart from all the other items of clothing they need. It seems to me, therefore, that we cannot go on treating the provision of clothing as an exceptional need, and that there ought to be greater dis- cretion allowed to officers of the National Assistance Board to treat clothing, not as an exceptional need, but as a reasonable need for all applicants. I would like to see amendment of these Regulations along these lines.
We cannot, on meeting in our constituencies men and women who have only the suit of clothes they stand in, expect them to go for five or six years before they can renew their clothing. The longer they are out of work, or are sick, the worse matters become for them. Therefore, I would ask the Minister to consider giving greater latitude to the Board's officers in dealing with these exceptional needs grants. I would ask her also to consider doing away with the term "exceptional" and substituting something like "reasonable."
Another point I should like to deal with is the date upon which the new Regulations come into force. Could the Minister give some indication of the cost if they were brought forward for one month? I understand that there are administrative difficulties, but if the introduction of the Regulations could be accelerated, could my right hon. Friend give some idea of the cost?
Reference has been made to the cost of living index during this discussion. I think that the only solution to this problem of the assistance scales and the cost of living is to tie the assistance scales to the cost of living index, when we have a new and satisfactory index. That would bring certain difficulties if we had fluctuations in the cost of living index, and it might necessitate changing the scales of payment week by week or month by month. But, nevertheless, it does take place in industry, where industrial wages are tied to the cost of living index; and looking at this as a long-term subject, I think that to prevent us from coming forward with such Regulations as these every three, six, or nine months—or whatever it is—it would help if we tied the assistance scales, to the cost of living index.
10.41 p.m.
The right hon. Lady, in introducing this debate, anticipated an attack from the rear by her hon. Friend the Member for Tottenham (Mr. Messer). I have always thought that it is a good tactical principle to attack one's enemy from the front, as well as from behind, and therefore, in joining with the hon. Member for Tottenham on the same issue, I hope that between us we shall be able to bring pressure to bear upon the Government Front Bench.
The right hon. Lady took great credit for having maintained the ratio in the scales as between the single and the married recipients—the three-fifths ratio. She realised however, I think, that by so doing she was leaving her flank wide open on other ratios which are not being maintained, namely those where a differential in actual terms of money is being carried forward unchanged from one edition of these Regulations to another.
The hon. Member for Reigate (Mr. Vaughan-Morgan) and the hon. Member for Bridgeton (Mr. Carmichael) both referred to the 5s. pocket-money received by the occupant of a local authority home, which has remained unchanged. But the most important margin is the 15s. between the standard rates and the rates received by those under treatment for tuberculosis and the blind.
In the Report of the National Assistance Board—and here I should like to reinforce what the right hon. Lady said as to the extreme interest and value of that Report—we read on page 7 this rather ominous sentence:
That is by way of a side issue, but my point is that the differential which was given in 1948, continuing an existing state of affairs, to those giving up work to obtain treatment, was in the nature of an inducement to them to do that, not only in their own, but also in the community's interest. Is there less need today than three years ago for that inducement? Surely the figures which I have given show the very opposite. If anything, there is more need to encourage those with tuberculosis to set about putting themselves on the way to recovery. But what we are doing by these scales is steadily to erode the value of the inducement offered to tuberculosis sufferers to undergo treatment. That, surely, is contrary to public policy.
The case of the blind is somewhat different, although, in logic, equally strong. In 1948, the then Parliamentary Secretary to the Ministry of National Insurance, in introducing the first insurance Regulations, said that this margin in the case of the blind was to meet the extra expenses in which their disability involved them. Unless the Government and the National Assistance Board can show that these particular expenses that the blind have extra to other people have not changed like other expenses, they have committed the greatest illogicality and the greatest unfairness in maintaining unaltered this absolute margin of 15s. So, I hope that at the earliest opportunity there will be a reconsideration of these margins which have remained static instead of increasing pro rata like the other relationship in the insurance scales.
I turn from that point of criticism to the general picture these Regulations present. It is common ground on both sides of the House, although it has been put in different ways by hon. Members who have spoken, that these Regulations bring the assistance payments into line with the insurance benefits. In fact, they do nothing of the sort. When one looks back over the history of the basic subsistence figure in the last decade, it is a staggering picture of the way in which the cost of living has been progressively overwhelming the insurance principle.
I want to remind the House of some of the salient points of this progress, of which these Regulations are the last milestone so far. "Progress" is perhaps a kind description. The Beveridge Report estimated the basic subsistence figure at 1938 as 32s. for a man and wife. I shall deal with a man and wife throughout so as to be using comparable figures. It is important to remember that that figure of 32s. that was estimated for a pre-war subsistence rate included rent. It included an average figure of 10s. for rent. When the Coalition Government came to make their proposals in 1944, they decided to raise the pre-war figure to 40s., a 25 per cent. increase, to allow for the fall in the value of money up to that time.
That 40s. which was to be the basic subsistence figure in the Coalition Government proposals also included rent. We then come to the National Insurance Act introduced at the beginning of 1946. In connection with that Act the Minister of National Insurance specifically stated what the Government were doing and what they meant by the figures. On 6th February, 1946, he said:
Unfortunately, that Act and its Schedules were out of date before they were put into force. When the National Assistance Regulations were produced, in the Spring of 1948, the basic subsistence figure was found to be 40s. plus rent. In other words, it was 50s. even on the pre-war estimated rent figure. Therefore, the subsistence basis on which the insurance scheme had been resting in 1946 was already out-of-date by the middle of 1948 when it came into force. It had ceased already to be a subsistence basis.
What has happened since then? In mid-1950, the assistance figure went up to 43s. 6d., plus rent, and it is now being raised to 50s., plus rent. That rent is no longer, as we are told in the National Assistance Board's Report, the 1948 figure of 10s. It is now 14s., since the standard rent allowance has this year gone up from 10s. to 14s. So 64s., upon the basis of these Regulations, is now the basic subsistence rate for a man and his wife. That is the comparable figure with the 50s. to which we have raised the insurance benefits, with the 42s. which was introduced for insurance benefits in 1946, and with the figure of 32s. as the Beveridge Report's 1938 datum. It is a staggering and alarming story.
There are one or two other interesting features about the last two or three milestones along this road, to which a number of hon. Members have already, in various ways, drawn attention.
The hon. Gentleman has made a very interesting analysis of the difference between National Assistance at 64s. and National Insurance at 50s. What is his deduction? What does he suggest?
I am pointing out what seems to me the essential seriousness of this gap which has opened between insurance benefits which were intended to be subsistence rates—and I quoted the words of the then Minister to that effect—and what is now recognised as the minimum subsistence figure. I shall return to that point in a moment; but I wish to interpolate an observation arising out of the last three datum points on our down-hill progress.
Between 1948 and 1950—that is the original and the second assistance scales—the cost of living index rose by 4.6 per cent., but the increases in the scales—here again I am working on the married couple—were between 8 per cent. and 9 per cent.
What dates are being taken in this comparison?
I am comparing mid-1948 with mid-1950 in respect of the cost of living index for those two points and the assistance scales which were introduced at those two dates. I have shown that there was an increase in the cost of living index of 4.6 per cent. and an increase in the scales of 9 per cent, in the case of a man and wife, which is the case I have treated throughout as typical.
Now if we apply the same comparison to the interval of one year, 1950 to 1951, between the scales being superseded and the scales being introduced, we find an increase in the cost of living index of 9.2 per cent. and an increase in the payments for a man and his wife of 15 per cent. In both cases, there is a very striking disparity between the movement in the official cost of living index and the alterations proposed in the assistance scales, which nobody on either side has yet suggested are excessive.
There is one explanation which may be put forward, and that is that the basic figure was always too low, and that we are getting back by these long hops into relationship with the real cost of living. But I mention that possibility only to dismiss it; for I think the real explanation is that the National Assistance Board, and hon. Members on both sides of the House recognise perfectly well that the cost of living index does not represent the cost of living problem of the people for whom these payments are intended. So tacitly we are ignoring the cost of living index of the Ministry of Labour; we are steering by our noses, and roughly trying to assess what we think is the minimum upon which that type of family in that type of circumstances can get along.
The comparison of these two sets of percentages is, I submit, the most drastic proof of the complaint which the hon. Member for Ince (Mr. T. Brown) and my hon. Friends have made against the unsuitability of the cost of living index of the Ministry of Labour for the principal job it is intended to do.
Now I want to return to the point that the hon. Member for Stoke-on-Trent, North (Mr. Edward Davies) was anxious that I should pursue. We see the consequence of this opening gap between insurance payments and assistance benefits only too clearly in the facts set out in the Annual Report of the National Assistance Board. Out of 1,250,000 allowances being paid by the National Assistance Board practically a million were in supplementation of other benefits. That is the practical working out of the statistics about the gap which has opened between the insurance rates which were intended to provide subsistence, and do not, and assistance rates which, however belatedly, follow up the real cost of living. It is a staggering fact that of that million allowances in supplementation of other payments received, no fewer than 870,000 were in supplementation of benefits under the 1946 Act.
Now, I have no doubt, as is, indeed, stated in the Explanatory Memorandum, that initially the result of these new scales will be that there will be a fall in the number of supplementary allowances paid to persons in receipt of insurance benefits under the 1946 Act. There will, of course, be an increase—we hope that it will not be a corresponding increase—of supplementary allowances paid to persons who have not the right to these insurance benefits. But the fact remains that 870,000 persons entitled to the 1946 Act insurance benefits are obliged to go to the National Assistance Board in order to get the bare minimum of subsistence, and in that is the tragedy of the breakdown of the whole principle of insurance. Sooner or later—and I hope it is going to be very much sooner—there has got to be a decisive act of policy which will restore insurance and the principle of insurance to its proper position in the scheme of the social services.
10.59 p.m.
Perhaps it would be as well if I intervened at this stage, at this hour, to reply to some of the points that have been made by hon. Members on both sides of the House. I want to begin in the same vein that my right hon. Friend did, which has been followed by many hon. Members on both sides of the House, in paying what I regard as a well-deserved tribute to the National Assistance Board and to its many officers throughout the country for the very good job of work they have done and are continuing to do in this field.
As we have been reminded, when we think of the number of cases that are dealt with by the National Assistance Board and its officers; when we consider the many visits that have to be made, and the humane work that is being done in this field of supplementation and of meeting need in so many cases, it is as well on an occasion like this that the work of the Board and its officers should receive recognition in the form of tribute paid by this House. I should certainly like to join with those who have so generously paid a tribute to the work of the National Assistance Board.
Many hon. Gentlemen have dealt with a topic which is troubling not only the National Assistance Board but is causing concern to everyone in the House and in the country. The cost of living was mentioned by the right hon. Gentleman the Member for Cirencester and Tewkesbury (Mr. W. S. Morrison) and many others on both sides of the House. I have some figures of the Ministry of Labour's index of retail prices which will meet the points so admirably put by the hon. Member for Wolverhampton, South-West (Mr. Powell). In July, 1948, the retail price index stood at 108. In June, 1950, it stood at 114.
Can the Parliamentary Secretary give some more detail of the index to which he is referring?
I am dealing with the Ministry of Labour's index of retail prices.
What prices?
This is the index built up by the Ministry of Labour on the prices of various commodities.
The index of retail prices is, of course, a Board of Trade index; the Ministry of Labour's figures are a cost of living index. Which are we talking about?
I am talking about the Ministry of Labour's index of retail prices which affects the cost of living. As I was saying, the figure in July, 1948, was 108, in June, 1950, it was 114, and in mid-May of this year, which is the latest figure available, it was 124.
I use these figures only for the purpose of showing that if the 1948 rates had been increased only in proportion to the Ministry of Labour's cost of living index figure, when the National Assistance Board's scales were increased the scales for June, 1950, would have been 42s. 3d. for a married couple and 25s. 4d. for a single person. Had the rates corresponded to the latest index figure they would have been 45s. 11d. and 27s. 7d., respectively. On the same proportionate basis it would take an index figure of 135 to justify the rates which come into operation next September. I hope that that disposes of the points raised on the cost of living and the approach of the National Assistance Board to it.
My hon. Friend the Member for Ince (Mr. T. Brown), with other hon. Members, has referred to the delay in increasing the scales, which they think should operate much earlier than September of this year. The National Assistance Board is constantly giving thought to the needs of those who have to apply for assistance and also constantly giving attention to the cost of living, which is troubling Members in all parts of the House and everybody in the country.
My hon. Friend the Member for Stockton-on-Tees (Mr. Chetwynd) made the important suggestion that it might be possible and advisable for the Board to bring forward the increased scales at least a month earlier—that is, at the beginning of August instead of the beginning of September. This is a big administrative job. It has been said in more than one speech that there are in excess of a million cases, affecting 2 million people in receipt of assistance, and since it will soon be the middle of July I can hold out no hope of bringing the date forward.
The proposal to increase the scales and apply them on 1st September synchronises them with the increases which have been given in the National Insurance Act of this year for the increase in the basic rate of pension.
Do we now understand that the increase in the basic rate will operate from 1st September?
The increase in the basic rate of pension for those men over 70 and women over 65 will operate from the beginning of September, and the increase for men over 65 and under 70 and women over 60 and under 65 will operate from the beginning of October.
Still the differential.
Can the Parliamentary Secretary explain why it has been thought necessary to wait for a 10-point rise in the cost of living index, whereas last time a 5 or 6-point rise was deemed sufficient to justify higher rates?
That is covered in the general statement I have made. The National Assistance Board is a statutory body in its own right, authorised with certain powers in this field, and they have under constant review the trend of increased prices. As in 1950, so in 1951, the Board has come forward with a proposal to increase the rates of assistance, as laid down in the Regulations that are now before the House.
Two important points were raised by my hon. Friend the Member for Bridge-ton (Mr. Carmichael). He asked what was meant by "living alone" and his inference was that the non-householder gets 26s. and no more. That is not so. The non-householder, that is, the person not living alone but sharing the rent and other overheads in connection with the running of a house, is given a rent allowance equal to his share of the rent.
In my division there are a number of working men's homes where there may be 300 to 400 people living, but they live in their own separate cubicles. How does a person of that kind stand in regard to the increase of rent?
If these individuals have to pay a rent, that is taken into account by the National Assistance Board, and a payment is made in accordance with the amount of the individual's rent.
The other point raised by my hon. Friend related to people living in accommodation referred to as local authority homes, and he said that there was no provision for increasing the allowance of pocket money made to them. They receive their 26s., either as retirement pension or allowance from the National Assistance Board, and they pay to the local authority for board, lodging and accommodation 21s. a week, and retain 5s. for pocket money.
It is not proposed in these Regulations to increase that item. The people living in Part III accommodation are treated very generously by the local authorities concerned. To give one example, the L.C.C., in addition to providing board and lodging, give them free clothing—which they choose for themselves—and tobacco or sweets, and in some cases an occasional excursion to the seaside. The Board have thought that in all the circumstances they do not see any reason or need for increasing the amount of 5s. for people in Part III accommodation.
My hon. Friend the Member for Tottenham (Mr. Messer), who is well known for his interest in two sections of the community who are afflicted more severely than any other—the blind and those suffering from tuberculosis—asked me if I would put the points he made, not only to my right hon. Friend but also to the Board, to see if anything could be done to increase the additional sum of 15s. for these two categories of people in need. I will give him the promise straight away that I will see that his remarks are communicated to the proper quarters.
The hon. Member for Reigate (Mr. Vaughan-Morgan) raised the matter, already brought forward by the hon. Member for Bridgeton (Mr. Carmichael), of the inmates of local authority homes, and I hope I have dealt with that point.
Before leaving the question of the inmates of local authority homes, would the hon. gentleman deal with the point of why the cost should fall on the rates instead of the taxes?
I suggest to the hon. Gentleman that that point is a matter between the Minister of Health and the local authorities.
No, it is referred to in the memorandum.
If the hon. Member looks at it, he will find that is the position; however, I will note his point and give consideration to it. The hon. Member also raised the point of disregards, which is a question of some substance. There is nothing in the Regulations before us which would permit me to make any comment on that point, but I have no doubt that his remarks in this connection will be looked into and due regard taken of them.
My hon. Friend the Member for Stockton-on-Tees referred to the grants which are being made for exceptional need. The figures he gave were quite accurate—132,500 grants were made, totalling £490,643. I hope I have covered the main points that have been raised, and I hope the House can now see its way to give approval to these Regulations. So that, after they have received the approval of another place, the National Assistance Board may get on with the work of implementing the increases embodied in the Regulations, so that they may be paid on the date suggested—namely, 3rd September.
Would the Parliamentary Secretary answer my question on the recovery of the amounts given as subventions on first week's wages?
I am not minimising the importance of that point, about which we have had considerable correspondence with various quarters, and I promise the hon. Gentleman that the point will be looked into and that I will communicate with him.
11.20 p.m.
I make no apology whatever for continuing this very important debate, in view of the fact that every speech that has been made up to now, while expressing pleasure at the introduction of these Regulations, approval of the attitude of the Minister and particular satisfaction with the National Assistance Board and with its Chairman, who is known to all of us, still has been directed to some minor criticisms of the Regulations and to the general proposition that ample justice is still not being done.
In view of the fact that every speech has been in the nature of criticism mixed with a good deal of approval, it is important, from the point of view of democracy, that this discussion should be a full discussion, and that every point should be made. I want, in no hostile sense, to ask the Parliamentary Secretary whether any reply is to be given to those hon. Members who speak now. If not, why did he rise to try to close the discussion when several hon. Members were trying to continue the debate upon an important matter of this kind?
We sat night after night discussing the woes of super-taxpayers. There is no reason why we should not sit all night now discussing this important matter of public assistance. I would personally regret any attempt to terminate discussion on this matter after so short a debate. I ask the Parliamentary Secretary whether he proposes to seek the leave of the House to deal with the points which we wish to make.
I listened to the hon. Member for Wolverhampton, South-West (Mr. Powell) with attention, as I always do, because I think that he speaks with sincerity. For a time, I almost failed to follow his argument and wondered which way he was going, but when he concluded I found myself in agreement with him, subject to the one question of whether the cost of living index—to which the Parliamentary Secretary refers as a retail prices index—is a good one or not. I think there is no doubt that it has no reference to the cost of living of old age pensioners.
I must make one answer to the hon. Member for Wolverhampton, South-West, When, under the leadership of the hon. Member for Ince (Mr. T. Brown)—whose interest in this matter is well known and who can sit here tonight with a sense of satisfaction even if he has expressed some doubts—a deputation went to the National Assistance Board, he was there armed with detailed facts and figures of the cost of living of old age pensioners. Those facts and figures were, in the main, the work of the hon. Member for Reading, South (Mr. Mikardo). It was clear from those figures that the cost of living index bears no relation to the cost of living of old age pensioners. Their case is for a higher figure than the increase in the cost of living index.
I wish to suggest to my right hon. Friend that she should get out a special cost of living index for old age pensioners and should really base her computations on that. That special index would be nothing to do with wage assessment, or anything like that. But it would throw a very real and important light on the costs as they affect old age pensioners. There are many competent old age pensioner associations in the country which would be happy to submit a precise budget of old age pensioners—their spendings upon food, fuel and clothing and giving those things they cannot afford to buy.
I suggest also that it would be a very good Thing if the Parliamentary Secretary or the Minister would see that there is a special committee of Members of Parliament who are dealing with these day-to-day matters and have found, and still find, many anomalies which have continued after the passing of the recent Act. This committee could act as an advisory committee and bring these special problems to the notice of the Minister, and it could make recommendations which might be of great assistance in ironing out the anomalies in the scheme.
A point of real importance is that in all these debates over all these years I do not know anyone who has found out what "discretionary powers" are, or what "special circumstances" are. I have a case of a man of 84. I would ask whether this is a "special circumstance." Everyone knows that as people advance in years they need more warmth. That need becomes acute. They also need more food and more warming food, and they need more fuel and more constant fires. The need becomes acute for an electric fire in these days, and for the cost of maintaining that fire. I suggest that as the years go by advanced age in itself should be a "special circumstance" on its own account. When referring to my own constituency, with 10,000 houses which the medical officer says should be demolished, where aged people are living in rooms with walls so damp that water runs down them, there are "special circumstances" which demand an allowance of extra fuel. I am told that this is not the case.
I agree with every word which my hon. Friend the Member for Tottenham (Mr. Messer) has said; we in this House all know that he always speaks with great sincerity, founded on great knowledge and understanding of these subjects, and I do not wish to be critical of him. But, glad as we are that there exist special allowances for the blind, and while agreeing that they should have gone up in full appreciation, and glad as we are to have special allowances for those suffering from tuberculosis, there are many other grave diseases which place on the sufferer just as great a burden. One thinks of disseminated sclerosis, of silicosis, and the dust diseases, of Parkinson's disease, all of which put on the sufferer—especially in the later stages—a special burden which should be met in a special way. Of course, it would be unwise to attempt to define "special circumstances"; one would almost inevitably exclude hundreds of special cases which had a real need to be met. But, at least, some effort should be made to outline the general cases of "special circumstances."
Reference has already been made to clothing; and much as one appreciates the way in which the National Assistance Board has worked, there seems to be something just a little unfortunate in an aged man having to come to me about getting money for a pair of trousers; having to complete forms, and be seen by the investigating officer for a check to be made, and finally for a small sum to be issued for this most ordinary article of clothing. Surely the public feeling should be as much affected by this procedure as would public decency if the old man, because of it, had no trousers. But the procedure is that he must get a refund, and there does seem to many of us that there is a case for special clothing allowances for the aged in those instances; and it would not really be so much as at first might be thought when one remembers the administrative troubles which would be removed. A plea has been made from the other side of the House, but the plea we make from this side is this.
When these scales came in on 5th July, 1948, it was a very definite element of party policy that these scales were not to be regarded as final; but that, as we were able to improve our economic position, as we were able to restore our prosperity, having met the needs of the moment for the aged, we would not neglect them. It was agreed that the old people would not be forgotten, but that we should give more ample justice to those who, after all, deserve so well from us.
We on this side pressed for increases in 1949, but the view from the Government Front Bench was that any increases in the national expenditure would tend to inflation, with all its evil results. But that case has now gone completely. In 1951, two years later, we have a vast expenditure on re-armament, and we really cannot say to the old age pensioner that our economy is so very delicately balanced that a comparatively small increase will completely destroy our national prosperity.
We on this side of the House are not in the happy position of hon. Members opposite who have managed to go the full circle economically tonight of pressing on the Government for more and more armament expenditure and voting against almost every measure for raising it and who tonight are criticising every one of the results which comes from the policy they have been urging on the Government. But we are entitled to remind the Government that we have exercised a good deal of forbearance and went to our constituents with heavy hearts. It is impossible for any of us to go to our constituents and not interview quite tragic cases—and we cannot here visualise some of the circumstances in which some of the aged people are living in a town like Oldham in these days of shortage of fuel, when coke becomes much more important for heating purposes and perhaps is the most expensive of fuels in relation to the heat it gives—it is not quite easy for us to realise just the extent of the difficulties they have to face.
Everyone appreciated the speech of my hon. Friend the Parliamentary Secretary and appreciated very much the reference he made to my hon. Friend the Member for Tottenham and the undertaking he gave. But I want to join issue with him on one point. I doubt whether he is wise or right in urging the generosity of the London County Council as a reason for not doing justice for people living in institutions. It certainly was not the purpose of the London County Council to reduce expenditure here, but to give their people what they thought they ought to have in addition to the allowances which could be made from the Exchequer and through national expenditure.
I agree that this is not the most important point in the debate tonight. It is a comparatively small matter, but if paragraph (4) of the Explanatory Memorandum could be amended to give institutional patients that little extra help it would relieve them of the feeling that they have been rather the victims and that their claims have been completely disregarded.
I express, here and now, my personal gratitude to the Minister and to the right hon. Gentleman the Chairman of the National Assistance Board for the great courtesy and great help that I have always received in any case I have put forward. I think the National Assistance Board stands out as an example of the right men in the right place and of the right attitude in the right place. But I still urge that we must not allow ourselves to be deceived by a cost of living index figure which has no relation to the special problems of old age pensioners. We must set up machinery that will ensure that the problems of these people and the methods of dealing with those problems are constantly kept before the Minister and the House.
11.34 p.m.
I do not propose to follow the hon. Member for Oldham, West (Mr. Leslie Hale) into his political dissertation on the Opposition policy in regard to re-armament. I wish to confine myself to one or two of the points made in the speech of the Parliamentary Secretary.
It seemed to me, and I have no doubt to many hon. Members on both sides of the House who put questions to him, that in several cases his method of answering questions was to repeat the points made in the questions in slightly different words and to assume that that provided the answer. In the case of the cost of living index, for example, the hon. Gentleman did no more than repeat precisely the points put by my hon. Friend the Member for Wolverhampton, South-West (Mr. Powell). It is of course true that the increase in the cost of living index was from 108 in 1948 to 114 in 1950, and to 124 in the Spring of 1951. But, as the hon. Member for Oldham, West has said, and the point has been made by several hon. Members, that index can bear no relation whatsoever to what we are talking about tonight.
For one reason, rent which is included in the index is pegged at a stable level, but is, in any case, excluded from the calculation of the assistance rates we are discussing. For the second reason, there is an enormously heavy weight given to drink and tobacco, neither of which the old age pensioner in receipt of National Assistance can afford to buy. We find ourselves back to the question, which has been asked again and again, and to which we still have not had an answer, what is considered to be the subsistence rate and who is supposed to get it?
My hon. Friend has said that the original intention, contained in the words of the present Colonial Secretary was that National Insurance should provide the basis of National Assistance rates. We appear long ago to have departed from that principle, but still we do not know what is supposed to be a subsistence rate for the aged and the sick. We are still leap-frogging over the figures of the official cost of living index. Every time that goes up five points it is apparently necessary to raise the assistance scales by about nine per cent, or 10 per cent., sometimes after a year's gap and sometimes after a two years' gap.
I want to deal, in conclusion, with a point raised by my hon. Friend the Member for Reigate (Mr. Vaughan-Morgan), which, I think, was inadequately answered by the Parliamentary Secretary. It is the question of the local authority and pocket money. No sort of answer was given as to why that should fall on the authority and not on the taxpayer. There can be no good reason for saying that because a large and rich authority gives people extra sweets and excursions to the seaside, that every local authority should have, if it wants the pocket money of those on National assistance increased, to provide the money themselves. When challenged, the Parliamentary Secretary said that this was a matter between the Minister of Health and the local authority.
I thought the hon. Gentleman was referring to the payment of a guinea. When I said that was a matter between the Ministry of Health and the local authorities, I was referring to the guinea and not to the 5s. I must have misunderstood the argument.
It seems that the same objection would apply to that answer. In any case, it seems that the answer, which the Parliamentary Secretary gave has laid bare one of the problems which is worrying a great many people in this matter. Last night we were discussing hospital and institutional care for the aged and sick, and those of us who are interested in this matter have found, over and over again, that one of the obstacles to giving satisfactory treatment, especially in new and experimental types of institutions, is the difficulty of getting agreement between the local authority, the hospital and the health authorities, and the National Assistance Board on the point of who should be responsible for the maintenance of aged sick people.
I suspect that the basic trouble is that we have got a sort of policy for the aged sick; that we have got a sort of policy for the aged poor; and that, with any luck, we may soon—perhaps later than sooner—have a sort of policy for the old who wish to remain in employment. But we have not got a proper coherent policy for the old, and the old are becoming so rapidly and increasingly a larger proportion of the population of this country that we have got to have a policy for them, designed to keep as many of them healthy and at work for as long as possible, and to have those who cannot work provided for. We have at the moment no signs of that coherent policy, and I am not quite sure but that we are seeing the lack of it reflected in the sort of Regulations we have before us.
One thing we must all agree when we are talking about National Insurance benefits which, in my view, have got always to be related to contributions—and I cannot see that they can be increased much further without an increase of contributions—and that is that we get the most complicated and enormous issues of inflation and national economic policy coming along. One thing is certain, so long as we have a National Assistance scale which exists solely and simply to fill gaps and is non-contributory, we cannot allow considerations of inflation and of financial policy to sway us in making these rates catch up with the cost of living. We have to accept the fact of inflation and the increases have got to be made, or National Assistance becomes nonsense. None of us can afford to face making it that.
So, like many hon. Members on this side of the House, while I have the gravest doubt where the end of this leapfrogging process will be, I cannot see any alternative to allowing these Regulations to pass, although they are a melancholy reflection of Government policy with which we on this side of the House profoundly disagree. We have to accept the Regulations and the fact that, at the moment, there is nothing we can do about the matter.
Question put. and agreed to.
Resolved:
"That the Draft National Assistance (Determination of Need) Amendment Regulations, 1951, a copy of which was laid before this House on 21st June, be approved."
National Assistance (Amendment) Bill
Considered in Committee.
[Major MILNER in the Chair]
Clause 1.—(AMENDMENT OF 11 & 12 GEO. 6. c. 29, s. 47.)
Motion made, and Question proposed, "That the Clause stand part of the Bill."
11.43 p.m.
May we ask the Minister kindly to explain the Bill? [HON. MEMBERS: "No."] Why not? Time should not be the factor here. Surely it is a reasonable proposi- tion that when a Bill is before us someone responsible for it should explain it?
My hon. Friend is quite mistaken. This is not a Government Bill, but a Private Member's Bill.
But as the Government have accepted the Bill surely some Minister must be responsible for explaining it?
Is it not a remarkable fact that not one of the hon. Members whose names appear on the Bill as supporting it is present in the Chamber?
I presented the Bill. Apparently the hon. Gentleman did not notice that I am here. As some explanation has been asked for, perhaps I should explain what Clause 1 is intended to do. If my hon. Friend the Member for Bridgeton (Mr. Carmichael) has read the Bill by itself I think he may have found it somewhat difficult to understand. That is certainly no reflection on his intelligence. It is simply that the Bill contains a good many legal phrases, and to be properly understood it must be read in conjunction with Section 47 of the National Assistance Act, 1948.
11.45 p.m.
Perhaps I can best explain the Clause by telling the Committee of a case that occurred in my constituency. This is the type of case that does actually occur, and the purpose of the Clause is to alleviate the suffering and anxiety that is present in such cases. Towards the end of last year there was a spinster, aged 52, who lived alone and who was described by a relative as being "eccentric and stubborn." She had a fall in the street and broke her thigh bone. She was helped home by a neighbour and she then refused all further assistance. She lay on the floor and would not accept the services of doctor, nurse, or home help. The medical officer of health who was informed of the accident promptly visited the patient and advised her removal to hospital. The woman rejected this proposal, as she did all other offers of much needed care and attention. In those circumstances, the medical officer of health had no alternative but to give her notice that an application would be made to the magistrates' bench for her compulsory removal to hospital.
Section 47 of the National Assistance Act, 1948, lays down in subsections (3) and (7) that seven clear days' notice must be given to the person concerned before an application can be made to the justices for the removal of any such cases. In practice this period amounts to a minimum of nine days, and this unfortunate and misguided woman lay on the floor with a broken thigh without attention of any sort for nine days. The local authority was powerless to help her during that time. Lying on the hard floor caused a number of sores which became infected with tetanus. At the end of the enforced long waiting period the magistrates gave the necessary order, and shortly after admission the woman died of lockjaw. Needless to say that waiting period was a time of great anxiety for the mayor, the medical officer of health, and other officials of the authority.
If this woman had been suffering from an infectious disease she could have been removed to ensure speedy attention under Section 169 of the Public Health Act, 1936. If she had been certifiable she could have been removed to a mental hospital, and had the accident occurred before the National Assistance Act came into operation the relieving officer would have taken immediate steps to protect her against her own insistence on neglect.
I reported the case to the Minister of Health, and in his reply he stated: merely has to do with those persons who are destitute of care and attention, who are seriously ill and requiring immediate treatment. I hope the Clause will be accepted by the Committee.
There are reasons in support of the need for this Bill additional to the very tragic case the hon. Gentleman the Member for Batley and Morley (Dr. Broughton) has referred to. There are other similar circumstances where emergency cases have been known to be detrimentally affected by the waiting period, which will now no longer be necessary. It will be in the general interests of humanity that this waiting period be diminished.
Question put, and agreed to.
Clause ordered to stand part of the Bill.
Clause 2 ordered to stand part of the Bill.
Bill reported, without Amendment; read the Third time, and passed.
War Office (Office Services Controller)
Motion made, and Question proposed, "That this House do now adjourn."—[ Mr. Hannan. ]
11.53 p.m.
I propose to call attention to an unusual matter that, if not fully explained, would appear to me to be rather sinister. I refer to an appointment made in May to the post of Office Services Controller in the War Office, a position carrying a salary of, I think, about £1,500 a year, rising to £1,700. It is in the grade of chief executive officer.
This appointment has caused resentment to many people in the Civil Service and has drawn a protest from the staff side of the Whitley Council. This individual was appointed over the heads of 24 men senior to him in the same grade—that is, the grade of senior executive officer. I recognise that very often accelerated promotion is entirely proper and most desirable, provided, of course, that there is special justification for it—when the individual is well qualified by virtue of his character, record, and experience, and is really best fitted for the post above all other possible competitors.
I shall call the individual concerned "X," because as hon. Members will agree, it is undesirable that we should mention civil servants by name if it can be avoided, especially if what one has to say may be of a disparaging character. One does not want to pillory them in the House; one's target is always the Minister responsible. But what were the special qualifications of X? That is a question I want to put to the Minister.
He was severely reprimanded 18 months ago for grave irregularities. He was then senior executive officer administratively responsible for the printing and photographic section of the War Office. At the premises occupied by that section in Old Cavendish Street X introduced his brother to some of his technical subordinates. The brother was managing director of Glass Developments Ltd., and in the result an elaborate and expensive catalogue was produced for this company, in War Office time and with War Office materials. I referred to this matter last year, and some of the details of the work done by the War Office, for which there was no appearance of intention that the company should make payment to the War Office, appears in HANSARD of 20th March, 1950, columns 1713–14. The then Secretary of State for War, in answer to Questions said:
During the discussion in March last year it was explained by the then Financial Secretary that none of these four persons was prosecuted because there was no evidence of personal gain. In the case of X I would remind the House that the beneficiary was his brother's company, and that seems to me to be pretty close to personal gain. At any rate, to use the words of the Financial Secretary, he committed a
What is there peculiar about the position to which he has been appointed? What is there about it which makes it necessary to select this particular individual? I will tell the House the responsibilities of the position. They consist in exercising general control and providing for co-ordination of various office services, including central registration, records, printing and stationery, messengers and cleaners, typing pool and security. I think the House should note that security is here involved. This man, X, will have once more at a higher level responsibility for the printing and photographic section which was the field of these irregularities. I think that is an unfortunate thing.
I ask the Secretary of State in what respect is this man, X, superior to the 24 others senior to him in the same grade, who, so far as I know, are of unblemished character and record? We are all proud of our Civil Service and believe it to be still the finest in the world. But it will not remain in that proud position long if Ministers become indulgent towards what have been admittedly grave irregularities. I hope the Minister will give the House some cogent reason for this selection, because if he does not give the House a convincing answer, I can only feel there is a reason which he is unwilling to disclose.
12.4 a.m.
In this case, two issues are involved. There is the one of the case which was brought up over a year ago, and there is the other of the promotion which took place six weeks ago. I do not know to what extent we ought to re-discuss the merits of the case itself to, in a sense, retry it this evening. I do not think anyone, either myself or my predecessor, who dealt with it or the Under-Secretary at the time, has ever denied for a moment that a serious lapse took place in this Department of the War Office.
The hon. Baronet said that the Under-Secretary had said that prosecution was not undertaken for various reasons. The real reason was because the Director of Public Prosecutions decided against it. He decided that this was unjustified. I have the copy of his letter here. So there is no question of our failing to take criminal proceedings. That question was left, as it must be, to the Public Prosecutor, who reached the conclusion that there was no case for that. I am only dealing with the specific points on this case which have been put to me. I do not want to re-argue that issue in great detail.
I was asked why Mr. X—I will follow the hon. Member's course and call him that—was reprimanded if he did not himself commit this lapse. But surely that is clear enough. He was reprimanded because he was the superior in the chain of command, as it were, over the subordinates who did commit this lapse, and was responsible, therefore, for their failure. He was, I think, rightly reprimanded.
The case took place just before I took office. One of the first tasks which I had when I came into office was to deal with the matter which the hon. Member raised. At that time, and when going through the case again for the purpose of this evening's debate, I came to the conclusion that whatever course of action had been taken with regard to the subordinates who undoubtedly committed this lapse, that one cannot really conceive of the dismissal of X—certainly not for committing this action. It would have been. I think, an extreme course to dismiss him.
For the reasons which I have advanced, X was subjected to a reprimand. We then come to what the consequences of the reprimand ought to be.
Is it customary, in the Civil Service, to administer a severe reprimand—and this was severe—to an official because of the misbehaviour of subordinates when, in fact, he knew nothing about it? It may be suggested that he had not proper control of the department. But is it customary to issue a severe reprimand when it is known that the person concerned had no knowledge of what was being done?
I did not say that. I said that he was guilty, if the hon. Member likes, of failing to control actions properly. There was no proof that he was cognisant with what those actions had been. But I think that he ought to have been. Surely there was a failure properly to supervise the actions of the subsection for which he was responsible, and failure to prevent the things which did happen there.
Now I come to what the consequence of that reprimand should be. It seems to me that there were really only two courses. Looking back on the case, I am bound to say that it would have been a gross injustice, on the evidence, to dismiss the man. Having taken the other course and, the man having received a reprimand, ought that reprimand to have been made a ban on promotion for the rest of his life? I am bound to say that that is going too far. This was bound, it was said in an earlier debate, to stand against him, if not for the rest of his life, certainly for a long time.
I do not suggest, after having been punished, that he should suffer in normal promotion. But was this special, accelerated promotion?
That is a very fair point. I am glad he agrees that it would really have been better to dismiss the man than to keep him on, saying, in effect, "Your career in the Civil Service is in fact at an end; you will never have any promotion." That would have been a worse course to take. We did not take that course, where the man suffered in the matter of promotion, because of this reprimand.
During the intervening period, his name was removed from the list of officers available for promotion, and a post to which he would almost certainly have been promoted, fell vacant during that period. He missed that promotion. Then, the period went on, and this post which the hon. Baronet has described, fell vacant. Now there comes the point which the hon. Member has raised again in interjection, namely, was there something special or accelerated in Mr. X receiving this promotion? Here, and I feel quite strongly about it, there was no element of exceptional or accelerated promotion. On the contrary, the promotion of Mr. X had been retarded, but when this post fell vacant, the best people to fill it were reviewed in a completely orthodox, Civil Service, way; that is what has always been done.
The people were reviewed by a board of promotion, which looked at the 24 or 25 names—quite a long list, as the hon. Member says—which were available. I am correct in saying the board did not regard the exact seniority in the Civil Service as an important factor in filling this post. I think in my experience in a Ministry that, where I have been concerned with my Permanent Secretary in filling positions, I have never thought for one moment that positions of this type—and more important ones—could possibly be filled by means of an automatic seniority rule. They must be filled on the merits of the individual, by a proper Civil Service procedure.
I thank the right hon. Gentleman for giving way again, but I do want to ask, in these circumstances, why it is that the Staff side of the Whitley Council has fiercely protested against this promotion?
I understand that there was a meeting on the subject this afternoon, and my account of the meeting is such that I should not describe it in that way. There is always a desire that these posts should be filled by taking a heavy account of seniority; but that is not a suggestion with which one can fall in very readily. I think that we should have strong protests from the Opposition if the Civil Service were run in that way; I think it must be a field in which the rate of promotion is by merit as judged by the responsible officers of the Department. We really cannot make it a matter of automatic seniority. That is taken into account, of course, as it should be, but one cannot push that too far.
Therefore, I feel that if, as this was the properly established board which recommended this promotion, it was entirely convinced that this was the right man—I do not say that there were not other men who could have done the job, but that this was the best man for the job—and were satisfied in making the recommendation, but did not fail to take into account that there was this black mark against him and the matter was referred to the head of the department, which it would not be in the ordinary course of events, and it was looked at very carefully again and the conclusion was come to that if the man is to go on at all in the Civil Service and not be dismissed, as he had not been, we could not bar him further where in the view of all the senior civil servants in the office he was the best man for the post and therefore should be given the appointment.
I am bound to say that I think that was the right action. I do not say that his reprimand will not be a thing which stands against him still; it must to some extent. It remains in the minds of all his superiors. But to push that further, and to say that in no circumstances must he be promoted, or that he must always stand in a strict seniority queue, I do not think is the way in which a really great department could be run. We could have taken the view that juniors and subordinates in the original case should have been dismissed, but, on balance, that view was not taken. It is undeniable that he could have been dismissed and, because he was not—and in my view I do not think reasonably he could have been—I cannot feel that we could allow a severe reprimand to be a bar to his further promotion, which is really what would have happened if this post, which was in his field, did not become open to him.
Is it not a bad thing that he should return in a higher grade to assume responsibility for the very department in which he fell down so badly?
The hon. Member has raised that point also, and it was one that naturally I wanted to go into when the whole circumstances were brought to my attention by this matter being raised in the House.
But this individual, with respect to him, is not in the grade of policy makers or of administrative civil servants. He is, and it is a most important function, essentially an office manager, the man who makes the wheels go round in the office. His personal record is somewhat outstanding in this field. For instance, he enabled us to make an economy of some hundred personnel in the registry of the office. He is that type of man who has a real talent for office administration, using the word in its narrowest sense of running a big machine, and making these adjustments of the more mechanical functions of the office to which the hon. Member referred, which, in a big department like this, is an important function if the Ministry is to be run economically.
In the opinion—which is more important than my opinion in this matter—of the Permanent Under-Secretary, who has long experience of this man's work and the experience of many decades in the War Office, he really has very great talents in this field. Therefore, it was inevitable, in a sense, that now much more indirectly if he was going to do this kind of work which is the kind of work for which he is fitted, that small printing sub-section should come under his aegis, although I see the point that at first sight it is undesirable that that should be so.
If one is going to employ him at all, one must employ him in office management functions, and that is where he is being employed. It is a painful story and one which, I am sure, everyone would wish had never happened. But, I am satisfied that, in all the circumstances, there was no other course than to treat Mr. X with a severe reprimand, which has stood in his way decidedly. But, in fairness to the man, I do not feel it could have been allowed to stand in his way as a permanent bar to his promotion. In practice, if he had been passed over in this particular way, that is what it would have amounted to.
12.21 a.m.
It is accepted in the Service, including the Civil Service, that the senior person on the list is promoted normally unless there is some good reason why he should not be.
Yes?
Yes. I have 40 years' experience of the Services.
That is not the case in the Civil Service.
It is for every other Service, and I do not think it is very different in the Civil Service. I do not wish to make a party point out of this. It is a little disturbing that a man who had a black mark against him should have been promoted over other people's heads, if they themselves, or one or two of them, might have been found suitable. Can we have an assurance that all these 20, or 22, or 23 people—I do not know the exact figure—were not suitable for that job, and that this man, who had this unfortunate mark against him, was the only one who could have been chosen?
I would answer that perfectly frankly. I would not agree it either is, or should be, the practice of the Civil Service to take the senior name, even if there is nothing against that senior name. In my old Ministry, the Ministry of Food, the Permanent Under-Secretary and myself, in matters of promotion, in some cases promoted some of the youngest candidates because they seemed to us to be the best people available.
The Question having been proposed after Ten o'Clock, and the Debate having continued for half an hour, Mr. DEPUTY-SPEAKER adjourned the House without Question put, pursuant to the Standing Order.
Adjourned at Twenty-three Minutes past Twelve o'clock a.m