House of Commons
Monday, July 16, 1951
The House met at Half past Two o'Clock
Prayers
[Mr. SPEAKER in the Chair ]
Private Business
Nottingham City and County Boundaries Bill
Lords Amendments considered, and agreed to.
BRISTOL CORPORATION BILL [Lords],
Read the Third time, and passed, with Amendments.
FAVERSHAM NAVIGATION BILL [Lords]
LANCASHIRE COUNTY COUNCIL (GENERAL POWERS) BILL [Lords]
SUNDERLAND CORPORATION BILL [Lords]
As amended, considered; to be read the Third time.
Oral Answers to Questions
National Insurance
Statistical Information
asked the Minister of National Insurance what steps are being taken to collect and analyse the great mass of statistical information on health, disability and disease, now available to her Department; and whether she will publish a White Paper as soon as possible.
Certain statistical information is already published periodically. Other material of the kind my hon. Friend has in mind is now being collected and analysed and I shall shortly be considering the best way of making it available to the public.
Industrial Dermatitis
asked the Minister of National Insurance how many cases of industrial dermatitis were certified in 1950; and of these how many were accepted as such by the medical boards, giving in each case separate figures for England and Wales as a whole and for Stoke-on-Trent respectively.
I regret that statistics are not kept in such a way as to enable me to give the number of cases where an examining medical practitioner has reported that a claimant was suffering from industrial dermatitis and the diagnosis was respectively accepted or reversed by a medical board.
Is my right hon. Friend aware that considerable confusion and irritation is caused to those who are alleged to be so suffering because of the time lag between primary certification and later examination by a medical board, when decisions are often reversed? The public cannot understand it.
When I tell my hon. Friend that 19,000 cases were allowed in 1949, I think he will agree that those responsible for examining the cases have got on with the job.
I accept that, but what we want is the number refused, not the number of those accepted.
asked the Minister of National Insurance if she will give consideration to the appointment of a medical officer with experience in dermatology in every industrial centre of any considerable size.
I do not think my hon. Friend's suggestion is practicable. As he is aware, the fullest possible use is already made of the services and advice of the limited number of available dermatologists in connection with claims for benefit under the Industrial Injuries Act in respect of industrial dermatitis.
Does my right hon. Friend agree that dermatology is not a mysterious science and that in the industrial areas I have in mind there are many medical practitioners who are conversant with local conditions? Can she arrange a specific course for them in each area?
I wish dermatology was a mysterious science and then we might attract more doctors. At the moment there is a great shortage of dermatologists, but we are trying to use them in the best possible manner.
Pensioners, Channel Islands
asked the Minister of National Insurance why contributory pensioners resident in the Channel Islands are not entitled to more than 10s. weekly.
The pensioners in question are persons who, in September, 1946, when contributory pensions in general were increased, had already qualified for their pensions and were then living in the Channel Islands. The whole cost of that increase had to be borne by taxpayers in the United Kingdom and it was not thought reasonable to incur extra expense in respect of pensioners who had already gone to live abroad.
Is my right hon. Friend aware that these persons, some of whom are over 80 years old, have paid contributions for 30 or 40 years? Is it really justifiable in the public interest to compel them to come back to this country where they would be a greater drain on the other social services, in order to draw 26s. a week?
My hon. and galland Friend must realise that the benefit to which they are entitled is related to their contributions. It would surely not be fair to the taxpayers of this country for us to increase the pensions of those who had elected to live in the Channel Islands, where the fiscal system is entirely different and where the Channel Islands Exchequer does not make any contribution to their pensions.
Is my right hon. Friend aware that some of them would be only too glad to get back to this country if they could get some housing accommodation?
That is a matter for the Ministry of Transport.
Sickness Benefit Claims (Offences)
asked the Minister of National Insurance on how many occasions since sick pay benefit was available has the benefit been abused; and how many prosecutions have there been.
There have been 919 successful prosecutions since 5th July, 1948, for offences connected with the fraudulent obtaining of sickness benefit. I have no reason to think that the control of sickness claims is any less efficient now than in the past.
Is the right hon. Lady aware that at the Whitley Bay Conference of the Transport and General Workers' Union attention was called to the abuse of sick pay and the resulting loss of time, production and money? What is the right hon. Lady going to do about it?
I think that the hon. Member is a little confused. He is referring to the sick pay scheme of the Royal Ordnance factories, for which I have no responsibility whatever.
Women Over 60 (Retirement Pensions)
asked the Minister of National Insurance how many women have been disqualified from drawing retirement pensions owing to the fact that they were over 60 years of age when they married and had not been married three years when the husband retired.
I regret that this information is not available.
In view of the fact that my right hon. Friend recently stated that the numbers were very few, would she not consider annulling the relevant regulations? Does she not consider it rather ridiculous that if a man of 65 marries a woman under 60 he gets an allowance on her behalf, but that if he marries a woman over 60 he gets no such allowance?
My hon. Friend must remember that the woman worker aged 60 or over who is insured in her own right will get her old age pension. If she is a widow pensioner and then marries after she is 60 the three-year rule will not apply. Therefore, if the woman worker and the widow of 60 are excluded there are very few left. My hon. Friend would agree with me that we must prescribe certain rules which should apply to these. There must be a minimum period during which a man should contribute if his wife is to benefit from pension in those circumstances.
What does the right hon. Lady mean by saying that there are very few left if the woman worker and the widow are excluded?
If the hon. Lady will examine my answer she will agree with me. Spinsters who work and are, therefore, insured in their own right and automatically get a retirement pension have to be excluded. A large number of women who marry at 60 are widows who have been insured by previous husbands and are not subject to the three-year rule.
Would the right hon. Lady tell the House if she thinks that this is crystal clear to the pensioners themselves?
I think it is.
Is it not a fact that the three-year rule does not apply if the woman is under 60? Furthermore, the man, whether he be a bachelor or widower, has paid the same contributions and does not only pay for the three years that he is married.
Pension and Assistance Rates (Changes)
asked the Minister of National Insurance if she will consider methods to reduce the time now required to make effective decisions of the House to alter the scales and amounts of National Insurance and National Assistance payments.
I am always considering these matters as is the National Assistance Board. But in view of the enormous amount of printing and other work involved in altering millions of order books, in preparing new regulations and explanatory memoranda I cannot hold out any hope that the period required to give effect to changes in rates of pension or assistance can be much reduced.
Would my right hon. Friend look at this matter for the future? Would she try to devise means that would enable the decision of the House to be implemented more quickly on any future occasions?
I am always prepared to look at these matters. My hon. Friend will recall that originally I said that all these increases would take effect on 1st October. I have advanced that date to a month earlier, but it would be quite wrong for me to try to make arrangements which would, in the end, perhaps cause certain disorganisation.
Electricity
Supply Regulations
asked the Minister of Fuel and Power on how many occasions he has given his consent for the institution of proceedings against the British Electricity Authority for contravention of Regulations 34 and 35 of the Electricity Supply Regulations, 1939.
Consent to institute proceedings against the B.E.A. under Regulations 34 and 35 has never been asked for. It has been asked for once against an area board. On that one occasion I gave my consent to the proceedings; but the applicant decided not to proceed with his case.
Would the Minister make it generally known what that consent implies, and what the obligations are? Is he not aware that Regulation 35 places an obligation on the undertaker to maintain a constant supply of electrical energy sufficient for all consumers? That is the law today. Regulation 34 also places an obligation on the electrical undertaker—
The Question asks only on how many occasions the Minister has given his consent for the institution of proceedings, not what is the content of the law.
Is it not a fact that every industrial consumer who suffers a power cut today should have legislative redress against the Minister under Regulation 35?
I do not understand what the hon. Member means.
Tariffs (Standardisation)
asked the Minister of Fuel and Power whether he is aware of the policy of promotion underlying the recent domestic tariffs of the South-West area and other area electricity boards, including, particularly, their encouragement of the use of electricity during periods of peak load and their discouragement of use during the summer quarters, with their consequent policy of promotion of seasonal use and so of power cuts; and whether he will make a satement as to the directions he will issue to the central Authority to initiate a policy designed to promote immunity from such cuts and from the consequent dislocation of production, health and safety of the people.
Under the Electricity Act of 1947, the area boards were given a statutory duty to standardise the tariffs for domestic consumers, in order to remove or mitigate the many anomalies that then existed in the charges made for electricity. The South-Western Board have framed their new standard tariffs in accordance with recommendations which were made by a joint committee of the central Authority and the area boards, to which I gave my approval. I do not agree with the hon. Member that these new tariffs encourage the peak hour use of electricity or discourage its use during the summer months. I do not, therefore, propose to issue any direction either to the central Authority or to the boards, who are as anxious as I am to find some way of dealing with the problem of the peak load.
If the Ministry does not think it has relation to the peak load—and I know that he thinks the Matterhorn is a high peak, which rises steeply—does he recognise the increase as steep for the poor and for those who use electricity for lighting, and that the policy promoted by this new tariff is one of doing down the poor and doing down those who use electricity in a way which causes least drain on the nation's resources?
I do not think that I can accept the suggestion made by the hon. Member. I think that electricity to all consumers is at present extremely cheap.
Has the Minister taken into account the fact that these new charges, which are supposed to be standardised, at any rate in the Midlands, are bearing very hardly on the poorer householders?
No, Sir, I believe that it is still true that electricity to the domestic consumer is cheaper that it was before the war.
Domestic Consumption
asked the Minister of Fuel and Power what estimates he has made respectively of the aggregate peak hour megowattage of electricity consumed last winter, on the coldest day, for domestic electric fires and of the percentage that electric fire consumption represented of the total electricity consumption at the same time, for all purposes; by how much he anticipates reduction of electric fire consumption of current at peak hours next winter; and how much additional coal he is proposing to allocate to each domestic consumer to offset this curtailment of the use of electric fires.
I regret that I am unable to make the detailed estimates for which the hon. Member has asked. I believe, however, that the use of electric fires has been a major contributory cause of power cuts, and I hope that all who have electric fires in their homes, or in offices and shops, will help to reduce this load during the hours of peak demand. I intend to provide domestic consumers with as large a quantity of coal as the general supply position will permit.
As the right hon. Gentleman is unable to estimate or even assess the amount of electricity used at peak hours by electric fires, how can he determine how much extra coal is wanted in the homes to provide an equivalent amount of heat?
I did not say that I could. I said that I should give as much extra coal as I could to the domestic consumer, and that I intend to do.
Is it not a fact that the domestic consumer will suffer both ways—he will get less electricity for his electric fire and less coal? In the long run shall we not all freeze?
No, Sir. The domestic consumer last year got 2,250,000 tons more than in 1949, and this summer I am giving him 800,000 tons more than last year.
asked the Minister of Fuel and Power if he can now say what measures he is taking to secure abatement of domestic electricity consumption at peak load hours during the forthcoming winter; and whether such measures will be given legislative effect.
As I told the hon. Member a week ago, I am now considering the measures which should be taken to reduce the peak load demand for electricity during the winter months. I have as yet nothing to add to the answer which I gave him then, except to say that the peak load problem can only be solved by the co-operation of all who use electricity, whether in industry, in commerce, or in their homes.
Or in Government Departments.
Does not the Minister recall asking me to put down the second part of the Question about the legislative methods proposed? May I repeat my earlier supplementary to him? Is it not a fact that Lord Citrine, Chairman of the British Electricity Authority, said that action would shortly have to be taken, enforceable at law, to reduce domestic consumption? Who is right—the Minister or the Chairman of the British Electricity Authority? Is this a case, metaphorically speaking, of the nationalised Citrine tail wagging the ministerial Noel-Baker dog?
No, Sir. The Chairman of the B.E.A. is entitled to put forward the views which he holds. I am considering the suggestion which he put forward and which I have already discussed with him. I shall make a decision about it when I am able to, and I shall then announce it.
How soon will that be?
I cannot say.
In dealing with the peak load problem, will the right hon. Gentleman consider recommending financial incentives to firms who have stand-by plants to encourage them to use them during peak periods?
It is in the interests of the firms to do that without a financial inducement. As far as I am aware, the F.B.I. have not asked for that. They have asked for new conditions for stand-by plants. The B.E.A. have granted them. They have reached agreement.
Power Cuts, Northern Region
asked the Minister of Fuel and Power whether the severe electricity cuts imposed during the early summer in the Northern Region have now been eliminated.
As I have explained in answer to earlier questions, there are special difficulties in the North-East owing to the shortage of generating plant. I am informed by the British Electricity Authority that the difficulties were aggravated in May by a breakdown at one of the power stations. The set has now been repaired, and is in commission again.
Can the right hon. Gentleman say why, when I asked him a Question before, he did not disclose that there was a breakdown in this plant, why he asserted that our difficulties were due, in the main, to full employment, and why it was left to the Northern Regional Board to disclose the truth in this industry so that consumers in the North of England should know? Why does he not tell the truth himself?
The breakdown was a contributory cause. The main cause of the difficulties in the North-East was the fact that, owing to its past history before the war and the mass unemployment that took place, the area was very much less well-equipped to deal with full employment than other parts of the country.
Is the Minister suggesting that the former North Eastern Electricity Company was not one of the most efficient concerns in this country?
I did not say any such thing. I said that the total power supply was wholly inadequate for full employment in the North-East.
Is it not a fact that it is not merely a case of a breakdown in the North-East, but that there is an unusual and dangerously high rate of breakdown at various stations throughout the country?
There has been a high rate of breakdown for many of the stations, and special measures are being taken to deal with it.
Would not the position in the North-East have been improved considerably if the plans to build a new power station at Durham had not been delayed on amenity grounds?
Yes, Sir. That was a very important factor, which delayed the station for two years.
Coal
Coal and Coke Supplies
asked the Minister of Fuel and Power if he is aware that many coal and coke merchants in South-East Kent are without the supplies to enable their domestic customers to build up winter stocks at this time of year, as advocated by his Department; and what steps he proposes to take to improve the situation between now and September.
In the first nine weeks of the present summer, more coal was sold to domestic consumers in South-East Kent than in the corresponding period a year ago. There have been some difficulties about the supply of coke, but as I have said in answer to earlier questions, I am considering what can be done to improve the distribution.
Does not the right hon. Gentleman agree that the domestic cellar in the summer is an important part of the pipeline in the winter; and if it is not filled by September what will happen to those whose cooking and heating, particularly in new council houses, depends on coke?
Some domestic consumers are stocking coke now. The supply has increased, but the demand is greatly increasing, particularly for industry.
Is my right hon. Friend aware that in the Liverpool area we are not getting sufficient supplies of coal?
How many people in Surrey were robbed to provide people in Kent with all the extra coal which they are alleged to have had?
In the first nine weeks of this summer, the domestic consumer bought 350,000 tons of coal more than he bought a year ago.
In view of the general concern all over the country about fuel stocks in various districts, will the Minister consider issuing a White Paper showing what there is in each region, so that people may know exactly how they stand for the winter?
I will consider that. I have a deep concern about the supply of coal and other forms of fuel. The demand is increasing at so stupendous a rate that it is very difficult for the supply to be maintained.
asked the Minister of Fuel and Power if he is aware of the difficulties of those householders whose heating apparatus needs coke and who are unable to obtain it as their coal merchant receives no allocation; and what steps he proposes to take to make coke available to those householders.
Domestic consumers do not now register for coke, and they are free to buy it if supplies are available from any merchant in the area where they live. I am aware of the difficulties caused by the rapid increase in the demand; that is why I am now considering how the distribution can be improved.
Is my right hon. Friend aware that, at any rate in Coventry, many of the merchants have not got any supplies of coke at all and that householders who have coke-burning appliances can get nothing to burn in them?
If a merchant has no coke it is probably because he did not trade in coke in the past. The coke is being given to those merchants who did so trade.
Was not the coke allocation scheme of which my right hon. Friend is speaking put into effect in 1941, and does he not agree that we have a lot more coke merchants and a lot more houses now?
Yes, Sir. Also, we have more coke, but the demand is increasing in such a way that it is impossible to meet it in full.
When will the Government stop talking about the past and deal with the present?
asked the Minister of Fuel and Power why he has discontinued the issue of permits for additional coal for those having no alternative means of cooking; whether this entitlement is still an additional 10 cwt. per year; what guarantee is given that this coal will be supplied now that permits have been replaced by a system of oral application and fuel office notification to the coal merchant; what check is made to see that the conditions are satisfied before an allocation is made; and what steps he has taken since the change of method from 1st May to inform consumers concerned.
I have not changed the arrangements for granting an extra supply to domestic consumers who can only cook by coal. The amount normally allowed in the North is still 10 cwt. There has been no general change in the method by which these supplies are authorised, but there may have been some local variations to meet special needs. I am making inquiries and I will write to my hon. Friend.
Is my right hon. Friend aware that consumers who visit the Sheffield fuel office are told that they are no longer required to make written application, but may just give their names, and the coal merchant, if in a position to do so, will supply the coal? Will he give special attention to these cases, as there are a large number of consumers in Sheffield who rely on coal for domestic cooking?
I was not aware of what my hon. Friend has said, but I have made inquiries and I shall soon have the facts.
asked the Minister of Fuel and Power what was the amount of coal distributed off the ration in Sheffield from 1st May, 1950, to 30th April, 1951, and from 1st May to 30th June last; and what was its quality and price.
I am making inquiries and I will write to my hon. Friend as soon as I can.
asked the Minister of Fuel and Power if he is aware of the small amount of coal available in Sheffield for building up summer stocks and its uneven distribution between consumers; and if he will take steps to ensure that there is both an adequate and fair distribution of coal in Sheffield this summer so that all classes of consumer may make some provision for the winter.
I am making inquiries, and I will write to my hon. Friend as soon as I can.
Will the reply be circulated in the OFFICIAL REPORT, and will the Minister say, further, whether, in his view, there will be sufficient coal to maintain the summer stocking programme in Sheffield before the end of the summer?
Normally, Yorkshire is fully self-sufficient in house coal. I hope it may prove to be so this summer, but I have been a little disappointed in the last two or three weeks.
If supplies are disappointing will they be augmented?
I will do my best.
Consumption and Exports
asked the Minister of Fuel and Power, respectively for the six months ended 30th June, 1951, and 30th June, 1950, the excess of coal consumption over coal production, excluding American coal imports; whether the restriction upon coal exports is to continue for the remainder of 1951; and the revised planned aggregate figure for coal exports during the year 1951.
During the first six months of 1950, the consumption of coal, including exports and bunkers, was 3.7 million tons greater than the output. During the first six months of 1951, it was 600,000 tons greater than the output. I regret that I am not yet able to forecast what the exports will be during the present calendar year; up to the end of June, exports and bunkers were 5.2 million tons.
In view of the Minister's statements upon many occasions in the last few weeks, that consumption is now greatly in excess of coal production, is it his general policy to continue to deplete exports over the next six months in order to satisfy the domestic market?
My policy is to do everything possible to increase output, and I am working on that with all the means at my command. But, of course, if exports have to be weighed against the needs of British industry, I think British industry comes first because then we shall be able to export coal in the form of manufactured goods.
Mining, Ravenstone
asked the Minister of Fuel and Power whether he will arrange for drift mining to be used to raise the coal at Ravenstone, Leicestershire, rather than the opencast system.
I understand that the National Coal Board have considered whether it would be practicable to work the coal at Ravenstone by drift mining, and have decided that it would not, owing to the shallow cover and the wet conditions of the site.
asked the Minister of Fuel and Power the estimated cost per ton of obtaining coal by opencast methods at Ravenstone, including compensation to farmers and restoration work.
The contractors have not yet been invited to put in their tenders for the Ravenstone site, but I am confident that, after all the costs have been met the coal can be worked without loss.
Is the Minister aware that these operations will involve diverting a brook, that they are liable to damage or completely destroy a sewage farm in the neighbourhood, and that it is estimated to require the removal of at least 19 million cubic feet of earth, with all the consequent effects that will have on agricultural land? Will he consider these things very carefully before going into the matter any further?
As to the diversion of the brook, that is an operation that has been carried out many times on many sites and which has never caused any trouble. As for the drainage, drift mining would have been far worse and do much more damage to the land. I understand that there is a very fair chance that after this land has been worked for opencast, and has been restored, the drainage may be better than it was before.
Will the Minister give an undertaking that the operations will not be carried out unless the coal can be produced at an economic price and sold without loss?
No, I cannot give any such undertaking. Opencast working in general is now making a small profit, but we have to have the coal and the hon. and gallant Gentleman knows it.
Stocks
asked the Minister of Fuel and Power how the available stocks of coal, anthracite and coke compare with those at a corresponding date last year; and what steps he is taking to safeguard supplies for domestic consumers during the winter months.
On 30th June, the total distributed stocks of coal, including anthracite, were 1,063,000 tons more than they were on 30th June a year ago. The distributed stocks of coke were 138,000 tons less than they were then. As I have said in answer to previous Questions, I am doing everything I can to safeguard the supplies for domestic consumers during the winter months.
Is the Minister contemplating importing coal? If so, when will he make the decision?
That is another question.
It is not another question, but is involved in the latter part of the Question which I put down. Does the Minister realise that failure to take a decision early enough last year led to very chaotic conditions in the freight markets of the world? Will he avoid that this year?
The hon. and gallant Member may be quite sure that I have considered the import of coal.
Does the Minister agree with the statement made by Mr. Horner, that the position would be even worse if the miners had not pulled their punches?
Persian Oil (Alternative Supplies)
asked the Minister of Fuel and Power from what sources additional oil is now being obtained to make up for the loss of oil from Abadan; and what is the estimated weekly cost in dollars of any purchases from dollar supplies.
The British companies are increasing their production of crude oil in other countries; they are refining more crude oil in their installations elsewhere; and they are buying oil from United States companies. I regret that I cannot yet estimate what the dollar cost of buying American oil may be.
Would it not be a good idea if the right hon. Gentleman were to make a comprehensive statement so that the people of this country and the countries who depend upon Abadan should have a better idea than they have at present of the importance of retaining this refinery?
It is, of course, extremely important to retain the refinery, but I have made a statement to the effect that if it were to be closed entirely the deficiency for the countries which depend on Abadan would be much less than is generally supposed.
Does that refer to countries like Pakistan and India, and has there been any communication between the right hon. Gentleman's Department and the appropriate Departments in the Governments of those countries as to what it is proposed they should do?
We have been in touch with suppliers and consumers of oil in all parts of the world.
Is not the Minister's statement extremely dangerous? Does it not give the impression to the world that it does not matter very much whether Abadan remains open or not?
No, Sir. It does not mean that at all. What it means is that it would not be the total disaster for us that is generally believed if Persia were to persist in her present course.
Solicitors' Charges
asked the Attorney-General if he will introduce legislation so as to secure that solicitors may reduce their charges without becoming liable to penalties.
I presume that my hon. Friend has in mind the provisions of the Solicitors' Practice Rules. 1936, whereby a solicitor may not hold himself out as being prepared to do business at less than certain rates prescribed by those Rules. There is, however, nothing to prevent a solicitor from making a written agreement with a client to charge the client less than the rates I have mentioned and my noble and learned Friend the Lord Chancellor does not consider that there is any need for legislation of the kind suggested by my hon. Friend.
Does not my right hon. and learned Friend know of a recent case in which a solicitor who reduced his fee was fined £100 by the Disciplinary Committee of the Law Society, a penalty which was afterwards upheld in the High Court, and does he think that this kind of price maintenance is good in the public interest?
I am well aware of that decision, but it does not contradict any thing I have just said. There were special circumstances in the facts of that case, which differentiated it from the principle which I have just stated.
Where the applicants for legal aid could save a substantial amount by privately employing the solicitor allocated to them under the scheme, could not solicitors, in these circumstances, act for the client at the normal and much more economical scale of fees?
Legal Aid (Chancery Case)
asked the Attorney-General what amount of public money was expended in free legal aid to Mrs. Priscilla Grant and her stepson in respect of their recent litigation in the Chancery Division regarding a £1,000 football pool prize.
I would remind the House that, as this is a matter of day to day administration of the Legal Aid Scheme, my noble and learned Friend the Lord Chancellor has no direct responsibility, the Law Society having been entrusted with the administration of the scheme, subject to the general guidance of my noble and learned Friend. As the bills of costs have not yet been taxed, no accurate figure is in any event available. So far as the unsuccessful plaintiff is concerned, she had obtained a Poor Person's Certificate under the Poor Persons' Rules in 1948, which was, under the transitional provisions of the Legal Aid Scheme, converted into a civil aid certificate on 2nd October last.
Bearing in mind that the Judge concerned in this case, Mr. Justice Wynn-Parry, referred to this case as "fruitless litigation," does not the right hon. and learned Gentleman think that it was a gross waste of public money that legal aid should have been afforded in a case of this kind, and can he say why the successful party, who, presumably, secured the £1,000 football pool competition prize, could not have paid his own costs?
If the learned Judge's remarks are set out in full, I think it is apparent that he clearly indicated that he was implying no criticism of the Legal Aid Committee concerned. With regard to the question why a legal aid certificate was granted to the successful defendant, there can be no criticism of that. With regard to the unsuccessful plaintiff, as I have said, she had a poor person's certificate, which was automatically converted into a legal aid certificate under the provisions of the Legal Aid Scheme.
If there is any proper criticism, should it not be against the issue of that poor person's certificate, and not against the Legal Aid Scheme?
Certainly, not against the legal aid certificate; it was automatic.
Treason Prosecutions
asked the Attorney-General how many British subjects have been prosecuted for treason since 1945.
Two in the year 1945—in addition to Joyce, who was not a British subject—and two in the year 1946.
May I ask the right hon. and learned Gentleman whether, if the Government are anti-Communist, he will now prosecute the Dean of Canterbury and, when he is convicted, have him publicly hanged?
Food Supplies
Fruit and Vegetables (Distribution)
asked the Minister of Food what information has been obtained by the following-through of consignments of fruit and vegetables from grower to consumer.
This inquiry is still going on.
That is a most unsatisfactory answer. Is there no way of impressing urgency upon the Ministry of Food? Does my right hon. Friend realise that on 11th May his Parliamentary Secretary said in the House that investigations into the question of lettuces had been made? Has he not now, 12 weeks afterwards, reached a conclusion?
I do not think that the hon. Lady has any need to impress urgency upon the Ministry in this matter. This is a delicate matter that does not require handling in a careless way. We cannot allow this particular problem to be settled merely on the basis of platform generalisations. We really must satisfy ourselves about the facts. This year, because of the bad spring, all the crops have been late. I am quite satisfied that the investigations which have been carried out have been abreast of time.
Is my right hon. Friend aware that these are not generalisations? Does he know that just over a week ago there were reports in the Press to the effect that lettuces for which the grower received a halfpenny were being sold for a shilling? These reports were in the "Daily Herald." Could my right hon. Friend please do something about it?
asked the Minister of Food if he is now in a position to announce what action the Government intends to take concerning the distribution of home-grown fruit and vegetables.
No, Sir.
I do not know what is a stronger adjective than "urgent," but is my right hon. Friend aware that housewives everywhere are disturbed by high distribution costs? When does he hope that the Government will be able to give an answer?
I am fully aware of the sense of urgency, but, at the same time, I am not prepared to enter into courses of action that might not prove successful. I would much rather take a little longer time to think the thing out clearly and to get all the facts than rush into imprudent action.
Is not my right hon. Friend aware that the Government have been working on this problem for several years now and that a perfectly practical plan for marketing can be and has been worked out? Can he say when these paper plans are to be turned into action?
Does the Minister's decision not to enter upon courses that might not prove successful indicate a new policy on behalf of his Ministry?
Butchers (Price Tickets)
asked the Minister of Food if he will arrange for retail butchers to display the price per lb. of all foods offered for sale so that customers can see, and will know the prices charged.
I have every sympathy with the object of this Question, and butchers have already been asked both by the Ministry and their own trade organisations to use price tickets wherever possible. As I have previously explained to the House on a number of occasions, it would not be practicable to make this practice compulsory; but I hope that it will become more widespread, especially as meat supplies improve.
Is my right hon. Friend aware that by not doing anything he is enabling butchers to charge far more than they are entitled to charge, and that, in practice, the customer does not know exactly for what she is paying? The butcher actually states a certain price for a weight which is over the amount allowed by the ration and the customer thinks she is getting something for nothing. As a matter of fact, the butcher is doing her down. Will not my right hon. Friend insist on a regulation to alter that situation?
If my hon. Friend will give me evidence to support such charges, I will take immediate action to stop such a practice.
If my right hon. Friend goes to any food office they will tell him what the practice is. There is a typewritten notice at the back of the butcher's shop which people cannot read, and if they did read it they would get less meat.
rose —
There are some very important Questions at the top of the next page, and we must get on.
Imported Cream
asked the Minister of Food if, in view of the avail ability of shipping, he will now reconsider his decision not to allow the importation of cream.
I would refer the hon. and gallant Member to the reply given to the hon. Member for Kingston-upon-Thames (Mr. Boyd-Carpenter) on Wednesday, 11th July.
Does not the right hon. Gentleman think it a fantastic argument that just because he and his Ministry cannot distinguish between imported cream and cream produced in this country, consumers should have to do without it at this season of the year when shipping space is available for it?
It is not fantastic. It is an awkward and difficult matter and shipping is not the problem. Obviously, if we could have solved this problem, shipping would not have been a limiting factor. The trouble is to distinguish between imported and home-produced cream, and there is no practical way of doing that.
Tea Ration
asked the Minister of Food if, in view of the in creased supplies of tea available, he will now increase the tea ration.
Arrivals of tea are seasonal in character and although they have lately been good there is no adequate basis yet for an increase in the ration.
Does the right hon. Gentleman hold out any hope of an increase in the ration in the near future?
I could not say about that. We cannot test the overall supplies of tea in this country until the late autumn.
Meat Allocations (Catering Establishments)
asked the Minister of Food what alterations he proposes to make in the allocation of meat to catering establishments, including educational establishments; and when these alterations will come into effect.
Except for school meals, which did not suffer the same reduction, allocations of meat to catering establishments will be increased proportionately with the domestic ration.
Does the first part of that answer mean that no addition at all will be made in the case of school meals?
They did not suffer a cut.
That is not the point.
It is the point. They will, in fact, have the same proportion of increase in their ration as they had before.
Personal Points
asked the Minister of Food whether he restricts the allocation of personal points to an area when some retailers in that area are not using all their available credit; and whether he will make arrangements so that retailers in such areas who wish to expand their business are provided with more ample credits of personal points.
At present additional personal points are normally granted only in areas where retailers as a whole have insufficient points to meet local needs. We are considering with the trade organisations, however, the possibility of giving extra credits to individual retailers to enable them to expand their businesses, and I hope to make an announcement soon. If we can make an effective arrangement, the problem raised by the hon. Gentleman will, of course, be covered.
Slaughterhouses
asked the Minister of Food why it was decided not to locate one of the nine new slaughterhouses, to be provided by the Government, in the County of Devon, in view of its importance as a stock-raising area.
There is an urgent need for additional slaughterhouses over most of the country, and the nine new slaughterhouses are being built where they will make the greatest immediate contri- bution. I can assure the hon. Member that the claims of Devon were fully considered, but on balance of our urgent short-term needs other places had to come first.
Is the right hon. Gentleman aware that while we have many amenities and assets in Devon, we have not too many slaughterhouses? We feel that we have a very strong claim to one of the nine, but if the Minister cannot give us one of them, will he add a tenth and give us that one?
Devon must take its place in the queue.
Starch and Dextrine
asked the Minister of Food what reasons led him to revoke the system of open licences for the supply of starch and dextrine for industrial use; and whether he consulted with the trade before reaching this decision.
Because of supply difficulties, we have had to revoke licences under which manufacturers were free to buy as much starch and dextrine as they wanted, and to substitute buying permits. There would obviously have been a serious risk of panic buying, which would have defeated the whole purpose of the return to a system of allocations, if I had given any advance notice of such a decision.
Civil Defence (Emergency Feeding)
asked the Minister of Food to what extent local authorities have completed a survey of all feeding facilities in their areas for Civil Defence emergency feeding.
At 30th June, 1951, 133 emergency feeding authorities out of 195 had completed their surveys on cooking facilities.
Would the right hon. Gentleman say what steps he is taking to expedite the completion of the other surveys, in view of the urgency of this matter?
I think that on the whole this is not a bad result. I think we are doing fairly well, but if there is any need to ginger up the rest I shall be very happy to do so.
Do these surveys cover country areas where storage might be offered to our American Allies to stockpile food for their Forces here rather than on the other side of the Atlantic?
I could not say without notice.
asked the Minister of Food what progress has been made with regard to the storage of emergency foodstuffs for Civil Defence purposes; and if any such stores have been completed.
We are taking adequate steps to ensure the provision of food for the civilian population in an emergency; but, for reasons which I am sure the hon. and gallant Member will recognise, they cannot be publicly disclosed.
Would the Minister say whether any of these emergency stocks have as yet been piled or whether anything has been done yet? Is he not aware there is a feeling that the Ministry of Food is lagging behind other Ministries in matters of Civil Defence and food in emergency?
A good deal has been done, but I am not prepared to add to my answer.
Does the Minister realise that many foodstuffs can be kept for many years provided the storage is dry? Will he consider using some of the country houses now lying empty or allowed to go to ruin for the value of the lead in their roofs?
Sugar Ration
asked the Minister of Food whether in view of the increase in the world sugar production for the past season, he will consider increasing the sugar ration by 2 ozs. per person per week.
I would refer the hon. Member to the reply given to the hon. Member (Mr. C. S. Taylor) for Eastbourne on Monday, 2nd July.
Is the Minister aware that that is not a sound answer at all? Is he aware that the sugar supply of the world is increasing every month? Why is it that the people of this country are denied the simple things which they need in their everyday life? Why is it we have to keep on pressing the Government?
The hon. Member again has his facts wrong. First of all, the supply is not increasing to the extent he supposes, but, equally, the demand is increasing and I claim that on the facts as we can now see them we are getting as much sugar and distributing that sugar as well as we can in this country at the moment.
Thoroughly unsatisfactory. Monstrous.
Packeted Oats (Price)
asked the Minister of Food what relationship the successive increases in the price of breakfast oats in packets have to the increased wholesale price for oats during the past two years.
Since November, 1949, when price control of pre-packed oat flakes ceased the retail price has increased by about 48.5 per cent. and the wholesale price of milling oats by about 30 per cent. The cost of packing materials, however, is a very important part of the total cost of pre-packed oat flakes.
Would my right hon. Friend agree that the increase in the price of breakfast oats seems to be excessive in view of the wholesale price?
I agree that it looks excessive. There is a disparity between the two figures I have given and we are looking into the matter.
Dried Eggs
asked the Minister of Food whether he proposes to sell to the public dried eggs recently purchased by his Department.
Not directly to the consuming public. It will reach them by way of the bakers and food manufacturers.
Would not the right hon. Gentleman reconsider his decision, as it would be of immense benefit to the householder if more dried eggs were available?
We have to consider what is the best way to use this extra supply. I am convinced that the best way to distribute it is in the way we have adopted, that is, to send it out through the bakers and confectioners and, in that way, give it to the consumers.
Ministry of Transport (Pamphlet)
asked the Minister of Transport how many copies of the pamphlet, "A Message from the Minister of Transport," have been issued; and what was the cost of printing these.
Four million copies have been printed at a cost of £446 15s. Three million copies have so far been distributed to licensing authorities for issue with driving licences.
Does the Minister consider that this message will have the slightest effect on the driving public? Do not all these copies go straight into the waste-paper basket?
This message contains very sound advice, of which I hope the hon. Member himself will take note.
European Refugees
asked the Secretary of State for Foreign Affairs if he will make a statement on the findings of the conference of Governmental experts on the problem of refugees and excess population in Europe which on the authority of the International Labour Organisation was convened by a decision of the Committee of Ministers of the Council of Europe, and which met on 4th June.
The report of the experts has only just been received and is under study. I should prefer to defer making a statement until this study has been completed and the report has been considered by the Committee of Ministers of the Council of Europe. The authority for the convening of the experts was that of the Committee of Ministers and not of the International Labour Organisation, but the latter sent representatives who took part in the conference, as did other international organisations.
Has the Minister noted that the United States Government are considering a contribution towards keeping the I.R.O. in being after the end of the present phase of its activities in order to move excess population in Western Europe? Will he support this initiative?
I am sure that that is a factor which will be taken into account when the Committee of Ministers consider the question.
Is the hon. Gentleman aware that some of us who have a long background of experience in this matter are appalled—I am making no charge against this Government—at the extent and poignancy of this question? It is high time the House of Commons considered the matter. Will he hasten to obtain this information and have this report published so that those of us on both sides of the House who are interested in this matter may appeal to you, Mr. Speaker, to allow it to be debated on the Adjournment?
This report cannot be published as yet as it is confidential and has yet to be considered further by experts and then by the Committee of Ministers. Following their decision upon it the question of publication can be considered.
What is the use of that, considering that the House is to adjourn at the end of July? Will the Minister make a preliminary statement on the attitude of the Government towards the matter?
This Question refers to a committee of experts which has been considering this matter for the Committee of Ministers of the Council of Europe. That report is now to be considered by the Committee of Ministers.
Germany
Western Defence
asked the Secretary of State for Foreign Affairs how far discussions are contemplated between His Majesty's Government and the United States High Commissioner for Germany, Mr. McCloy, on the question of a German contribution to Western defence; and when they are to be held.
asked the Secretary of State for Foreign Affairs what decision has been reached regarding future talks with Mr. McCloy, the United States High Commissioner for Germany, regarding a possible German contribution to Western defence.
asked the Secretary of State for Foreign Affairs what further representations have been received from the United States High Commissioner for Germany on the subject of German rearmament.
asked the Secretary of State for Foreign Affairs what representations have been made to him for discussion with the United States High Commissioner in Germany, Mr. John J. McCloy, in connection with Western defence.
His Majesty's Government have received no representations from the United States High Commissioner on the subject of a German contribution to Western defence, and there has been no suggestion that they should discuss it with him. As the House is aware, there have already been conversations on this subject between the three High Commissioners in Germany, and it is on the basis of their joint report that His Majesty's Government are now studying the whole question with the other two Occupying Powers.
Could my hon. Friend say whether there is any truth in the report that the Bonn Government, with the backing of the American authorities, have produced a plan for German re-armament which would involve the revival of the German War Ministry and German General Staff, manned by ex-Nazi generals, and will he give an assurance that His Majesty's Government will oppose such a plan?
I am certainly not aware of any such plan. The position is that the three High Commissioners have been discussing this matter and have now reported to their respective Governments who will discuss it at tripartite level. It will then go to the Atlantic Council which instructed the High Commissioners to carry on their investigations.
Further to the question put by my hon. Friend the Member for Blackburn, East (Mrs. Castle), is my hon. Friend aware that whatever may be the support for German rearmament by some hon. Members on the other side of the House, which goes back to the early days of the Nazi régime, we on this side consider it unthinkable?
Is it not a fact that alternative methods for Germany's contribution to the defence of Western Europe are, in fact, being discussed in Paris on the initiative of the French Government, and will the British Government have some regard to those proposals and negotiations?
Yes, Sir. As has been already pointed out, the Paris discussions on a European Army have resulted, or will result, in a report. This report, it is hoped, will be considered by the three Occupying Powers at the same time as the report of the High Commissioners.
Has the report of the British and Allied High Commissioners in Germany taken into account the fact that a strong if not an overwhelming majority of the people of Western Germany do not believe in German re-armament?
Control Commission (Women's Affairs Section)
asked the Secretary of State for Foreign Affairs what steps will be taken in the reorganised Control Commission for Germany to ensure that the valuable work done by the Women's Affairs Section, among German women, is continued.
As my right hon. Friend the Minister of State told my hon. Friend the Member for Coventry, South (Miss Burton) on 11th July it is intended that the High Commissioner shall have one woman on his staff to deal with women's affairs. In addition, certain functions such as the arrangements for visits to and from Germany which are now undertaken by the Women's Affairs Section will be carried out by the Cultural Relations Division of the Commission.
Would my hon. Friend bear in mind that it is very important that German women should be encouraged to play a full part in democratic life, and that to this end that there should be a fuller use of women on the Control Commission's staff to carry on the excellent work that has been done?
Certainly. That is the view of His Majesty's Government, but it is considered that this useful work can be carried on in the more normal way which is now suggested, as the Federal Government itself becomes more and more responsible for these matters.
Egypt (Detention of British Ship)
51 and 52.
asked the Secretary of State for Foreign Affairs (1) whether he will make a statement upon the arresting by an Egyptian corvette of a British ship between five and seven p.m. on Sunday, 1st July;
(2) whether, when assaulted on 1st July, the British ship "Empire Roach" was in Egyptian territorial or open waters or was on the point of entering Egyptian territorial waters.
asked the Secretary of State for Foreign Affairs what consular establishment exists in Aqaba; and what is the normal time taken for an urgent Government message, despatched from London, to be received by the Consul and an urgent reply from the Consul to be received by his Department.
asked the Secretary of State for Foreign Affairs why full details regarding the illegal detention of the British steamer "Empire Roach" by the Egyptian authorities in the Gulf of Aqaba on 1st July were not received by his Department until 9th July.
asked the Secretary of State for Foreign Affairs what reply he has received to the protest made to the Egyptian Government on the arrest and boarding of the British ss. "Empire Roach" by an Egyptian corvette on 1st July.
asked the Secretary of State for Foreign Affairs if he will now make a statement as to the circum stances in which there was a period of 10 days between the actual boarding of the ss. "Empire Roach" and the de livery to the Egyptian Government of His Majesty's Government's protest and demand for compensation.
I would ask hon. Members to await the statement which my right hon. Friend proposes to make at the end of Questions.
Could we have a chart placed in the Library showing the position of the international waterways there and the position of this ship when she was arrested?
I will certainly consider that suggestion.
At the end of Questions —
With your permission, Mr. Speaker, and that of the House, I wish to make the following statement.
No reply has yet been received from the Egyptian Government to the protest made as a result of the boarding of the ss. "Empire Roach." The Egyptian naval vessel involved in this incident only arrived at Alexandria two days ago. I assume that it will be necessary for an inquiry to be held and for the matter to be discussed in the Egyptian Council of Ministers, and it seems only fair to allow the Egyptian Government reasonable time for this. The "Empire Roach," when stopped, was within Egyptian territorial waters but outside what the Egyptian authorities have declared to be a prohibited zone.
As regards the delay between the boarding of the "Empire Roach" and the lodging of the protest, I would give the House the following particulars. There is no British Consul at Aqaba, so after his arrival there the Master of the "Empire Roach" informed His Majesty's Legation at Amman of the incident by telephone on 3rd July. This information was sent to the Foreign Office by telegram from Amman the following day but was considered insufficient as a basis for a Note of protest to the Egyptian Government. Since the "Empire Roach" had by then left Aqaba, His Majesty's Embassy at Alexandria was requested to supply further details.
Meanwhile, however, on 6th July, that is to say, within three days of the first news of the incident, His Majesty's Ambassador at Alexandria drew the Egyptian Foreign Minister's attention to the report about the "Empire Roach" and warned him that if the facts reported were confirmed he would shortly be receiving a serious protest. On 8th July a copy of the Master's letter to the owners reporting the incident was received by the Legation at Amman. Information based on this letter was received in the Foreign Office on 9th July.
On the same day as this further information was received, instructions were sent to His Majesty's Ambassador in Alexandria to deliver a protest to the Egyptian Foreign Minister. His Majesty's Ambassador replied the next day that the protest could not be delivered to the Egyptian Foreign Minister as the latter was away in Cairo. New instructions were sent that the protest must be delivered at the latest by 11th July even if the Foreign Minister was not available. It was, in fact, delivered at 1.45 p.m. local time on that day.
The right hon. Gentleman referred to the "Empire Roach" being in Egyptian waters when this occurred. Is it not also true that the channel, where she was, is an accepted international seaway—that is to say, accepted by the Egyptians as well as everybody else as an international seaway? If that is so, the argument about territorial waters has not the same significance as that which might otherwise be attached to it.
If the right hon. Gentleman does not mind, we may be involved in technical arguments about this and I would prefer not to be drawn at this stage.
That is only my recollection. Surely it is the right hon. Gentleman's also. I think he told us last week that this was an international seaway in which the incident occurred. I thought our case rested on that and I am a little bit astonished to hear these remarks about Egyptian territorial waters.
I still say that it is really undesirable, when we are involved in arguments of this kind—[HON. MEMBERS: "Why?"] I still say that it is undesirable in the public interest—[HON. MEMBERS: "Why?"] I wish hon. Members would keep quiet; I still say that it is undesirable, when we are involved in delicate discussions of this kind, that I should go into undue detail across the Floor of the House.
Might not the discussions be more simple and less delicate if the right hon. Gentleman stood firmly upon the essential points which he himself has declared from his position in the House?
Answer.
This is only one of many incidents which have occurred in this international highway. Is the right hon. Gentleman aware that the Israeli Government have taken steps to bring this matter before the Security Council? If he is so aware, will he support the Israeli Government in bringing this matter before the Security Council?
That is another question.
I am not trying to be unreasonable to the right hon. Gentleman, but did I not understand it aright last week—that the whole of our case rested on the fact that this was an international highway, or seaway, if hon. Members prefer the phrase? The right hon. Gentleman today simply talks about the ship being in Egyptian territorial waters. If he allows that statement to go out from the House without, at the same time, explaining that this is an international seaway, which the Egyptian Government have themselves accepted as such, he is, if I may say so with respect, giving them more of the case than they deserve.
I do not think so. We are involved in an argument and in a discussion, and I think it is quite undesirable that I should go further than I have gone.
If we are involved in an argument, is it any serious danger to our affairs that the Foreign Secretary should not hesitate to repeat the foundations of the British side of the case, which he told us about last week?
In my judgment it might be dangerous, and I prefer to say no more.
Running away.
Is it not a fact that two distinct breaches of international law have been committed? One was that this ship was intercepted in an international seaway and the second was that the interception was performed in a way unlike that in which it would have been performed by a first-class Power, but more like that of third-class pirates.
As one of the few hon. Members who happen to know Aqaba and the hinterland—[HON. MEMBERS: "Oh!"]—well, that is so may I ask the right hon. Gentleman—and I hope he will be prepared to answer this question—whether he is aware that the garrison of Aqaba will be placed in a most dangerous position, there being no supplies available from the hinterland, if the Egyptian Government can successfully claim that they have a right to prevent ships from taking supplies for that garrison, which was the whole purpose of this voyage? Can he give the House some assurance on that point?
Could my right hon. Friend give the House an indication of the nature of the representations which His Majesty's Government have made to the Egyptian authorities about this matter?
I think I made that clear last week.
In view of the point raised by the Foreign Secretary about territorial waters, can he tell us on what basis he made his protest to the Egyptian authorities and whether it did not include a protest that this ship had been boarded in these circumstances?
I think I made that clear last week.
As one of the many hon. Members here who know Aqaba, may I ask my right hon. Friend to say whether we are continuing to supply the Egyptians with arms while the argument with them is proceeding?
Answer.
That, also, is another question.
As one of the few hon. Members who have visited Aqaba, and even had a bathe in the sea there, might I urge the Foreign Secretary to give special attention to this point?
How is it that, when the garrisoning of Aqaba has been proceeding for over a year, the precise legal status of the channel leading to it has not been ascertained?
Can the Foreign Secretary say what steps His Majesty's Government are taking to protect British shipping in this zone in the future?
Can the Foreign Secretary say what steps he has taken since last week, when he gave an undertaking that adequate protection would be sent to these waters, to protect British ships going about their lawful occasions?
Answer.
That is not being overlooked, but it really is inconvenient at this time, in the public interest, to pursue the matter. While I appreciate the mood of some hon. Members opposite, I assure the House, with a full sense of responsibility, that from the point of view of public interest it is undesirable at this juncture that the matter should be pursued.
Persia (Anglo-Iranian Oil Company)
( By Private Notice ) asked the Secretary of State for Foreign Affairs whether he has any further statement to make on the situation in Persia.
As the House will be aware, Mr. Averell Harriman has arrived in Teheran on a mission as a result of a proposal made by President Truman to Dr. Mossadeq, the Persian Prime Minister. We welcome United States interest in this problem, which is of concern to the whole world, and we wish Mr. Harriman all success in his mission. I do not think that the House will expect me to say more at this stage.
I do not want to press the right hon. Gentleman on the details of Mr. Harriman's mission, but may I ask the right hon. Gentleman about the position in respect of the staff of the company in Persia? The right hon. Gentleman has told us that it was the Government's desire that they should stay, and, as he is aware, we continually read reports that they are coming away—I do not know in what numbers. Would the right hon. Gentleman consider making it plain that while the House fully understands the strain under which they are working, it is in the view of His Majesty's Government desirable that they should stay, and could some appeal be made to them to do so, from himself or from the company, coupled, of course, with whatever arrangements, financial or otherwise, are necessary to enable these men to stay in very difficult conditions?
I do not think there is any difficulty about the last point. I agree with the spirit of what the right hon. Gentleman says; indeed, I made it clear to the House on 9th July that it was the desire of His Majesty's Government that British personnel should remain as long as is practicable. Instructions direct to the staff are not normally conveyed through His Majesty's Ambassador. The policy of the Government, as I have just stated, has been fully explained to the British staff in Persia by the head office of the company in London, and while I think that we all appreciate the great difficulties of the staff, who are having a difficult time, nevertheless I think, at any rate until further orders, I shall be expressing the views of us generally when I say that it is desirable that they should stand firm as long as ever they can.
May we take it that Mr. Harriman's function is not to mediate but to reinforce Britain's stand there?
If I may say so, I think it is better that I should not particularise about that point.
While welcoming the mission of Mr. Harriman as evidence of America's interest in this problem, may I ask the right hon. Gentleman whether he can give us an assurance that His Majesty's Government do not contemplate either mediation or negotiations which would involve any departure from the course of action prescribed recently by The Hague Court, namely, that the Anglo-Iranian Oil Company should continue to operate in Persia as before until the eventual hearing of the case?
I have made our position in relation to The Hague Court quite clear. Mr. Harriman is on a delicate mission, and I do not think it is wise for me to be drawn further.
Further to the point raised by my right hon. Friend the Member for Warwick and Leamington (Mr. Eden) about the reports of withdrawals of personnel, could the right hon. Gentleman confirm or deny reports that with the last withdrawals of personnel there are only 300 British technicians left in the oil installations?
That question had better be put down.
Does not the right hon. Gentleman appreciate that every successive statement he makes to the House reeks of weakness? Could he not make a statement with a bit of guts in it?
Is the right hon. Gentleman aware that the statement he made this afternoon appears to be somewhat in conflict with what a British spokesman is reported to have said in Teheran with regard to the withdrawal of staff? Could he say whether he has conveyed very firmly to the British spokesman in Teheran the views which he has made clear to the House today?
Whoever has said anything else in Teheran will learn in due course what I have said to the House this afternoon.
Business of the House
Has the Leader of the House any statement to make about this week's business?
Yes, Sir. In view of the number of Amendments for consideration, we shall only ask the House to complete the Committee stage of the Forestry Bill today.
The Report and Third Reading of the Forestry Bill will be taken as first Order on Friday, followed by the Committee and remaining stages of the:
Isle of Man (Customs) Bill.
Tithe Act, 1936 (Amendment) Bill [ Lords ].
Rag Flock and Other Filling Materials Bill [ Lords ].
We also hope that it will be agreeable to the House to make further progress with four Consolidation Measures which have come from another place:
Committee and remaining stages of the Dangerous Drugs Bill [ Lords ].
Second Readings of the:
Midwives Bill [ Lords ].
Midwives (Scotland) Bill [ Lords ].
Nurses (Scotland) Bill [ Lords ].
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).—[ The Prime Minister. ]
Orders of the Day
Consolidated Fund (Civil List Provisions) Bill
Order for Second Reading read.
3.48 p.m.
I beg to move, "That the Bill be now read a Second time."
This is a very small Bill which is necessary to rectify a small and accidental drafting omission in the Civil List Act, 1937. Sections 2 to 6 of that Act follow the normal precedent of a Civil List Act in setting out the payments to be made to various members of the Royal Family, including, in Section 6, the payment of certain annuities in respect of the King's younger children. For the purpose of adequate Parliamentary authority, an Act of this kind must not merely direct that certain payments should be made but also prescribe from what source they are to be made.
Section 13 of the 1937 Act completes Sections 2 to 6 by charging on the Consolidated Fund the payments which those Sections enumerate, and it charges them separately and individually. By an accidental oversight, the specific charge in respect of Section 6 payments was omitted. So far, no payments have had to be made under this Section, but next month Her Royal Highness Princess Margaret comes of age and the annuity of £6,000 authorised by Section 6 will become payable. It is, therefore, necessary to rectify the accidental omission from the 1937 Act and complete the charge on the Consolidated Fund so that it may include payments made under Section 6.
That is the sole purpose of this Bill. As the Financial Memorandum makes plain, it does not authorise any new or additional expenditure at all. The annuity of £6,000 is already provided for. There is no doubt about the intentions of Parliament, and all that the present Bill does, therefore, is to give full statutory effect to the requirements of the 1937 Act and rectify this technical omission.
3.50 p.m.
It is refreshing to find an issue upon which, I think, the great majority of the House is wholeheartedly agreed. The Government seem to have taken the course which is entirely supported by all our conceptions of procedure. An error was made of a technical character in what was the decided will of Parliament as expressed in the Act of 1937. This error has now reached the point where it may have practical effects, and the Government, very properly, very rightly, in pursuance of their broad general views on these issues, have brought forward this Bill. We shall certainly support them in this.
The burdens and duties inflicted—imposed: I will not say inflicted, because they are enjoyed, although they are very wide—imposed upon the members of the Royal Family become heavier and more exhausting every day. There is no part of the country in which they are not eagerly welcomed to any of the multiplying functions which happily enlighten and relieve our daily life; but the effect upon them is that of ever-increasing toil and duty.
I must remark, without wishing to introduce any note of controversy, that this £6,000 a year provided by Parliament in 1937 is worth, I think, about £4,500 a year only, or even less—[HON. MEMBERS: "Far less."] I do not want to be involved in any argument about it today, but I am sure we should like to give this support to the Government in such a manner as to enable them to assure the Royal Family of the continued support of the whole mass of this democratic House of Commons in all that sustains the Royal Family in their arduous daily tasks.
3.52 p.m.
I agree with what has been said by the two right hon. Gentlemen. It is quite obvious that a mistake was made, and it is right that that omission should now be rectified.
I think that we should have some further information before we proceed to give a Second Reading to this Bill.
No.
After all, this is an important subject. I should like to know how it is that for all these years this technical error has not been noticed by all the constitutional lawyers. We have Law Officers; we have the Attorney-General; we have the Solicitor-General; we have the Lord Chancellor; and the House is full of expert lawyers whose business it is to examine meticulously the purpose of that Act and this Bill; and 14 years have passed by and nobody seems to have noticed that this error has taken place. I should like to know what is the mystery. Can it be that there is a disruptive influence in the drafting office? Can it be that there is a Communist plot—that we have not carefully examined or screened the people who draft these Bills, with the result that these legal technicalities bring about a constitutional crisis?
I do not want to strike a very controversial note, except to say that during the Committee stage we shall have an opportunity to improve this little Bill. But I should like to ask the Prime Minister whether he has forgotten that the Labour Party in 1937 opposed the then Bill, and opposed this £6,000. I should like to ask the Prime Minister whether he has forgotten that an Amendment to the Motion for Second Reading was moved by the Labour Party at that time saying that:
It is never too late to mend.
I am not yet in the state of being reformed, but I should like to know if since 1937 the state of this nation is not really worse than it was then. [HON. MEMBERS: "Far worse."] If so, ought we not to argue, as the Opposition argue, that we should not acquiesce even indirectly at this time in an increase of Government expenditure?
In conclusion I would say, without any disrespect to the Royal Family at all, that I think that in these days the sum of £6,000 a year, a larger sum than is paid to the Chancellor of the Exchequer who carries heavy burdens, and larger than is paid to the Foreign Secretary, and larger than is paid to the Leader of the House, should be carefully examined, and that we should examine this Bill very carefully before we pass it through its final stage on to the Statute Book.
Question put, and agreed to.
Bill accordingly read a Second time.
Committed to a Committee of the whole House—[ Mr. Delargy. ]—for Tomorrow.
Consolidated Fund (Civil List Provisions) [Money]
Considered in Committee of the whole House under Standing Order No. 84 (Money Committees). [ King's recommendation signified. ]
[Major MILNER in the Chair]
Resolved:
That, for the purposes of any Act of the present session to complete the charge on the Consolidated Fund of the provisions made by the Civil List Act, 1937, it is expedient to authorise the payment out of that Fund of the sums the payment of which is required by section six of the said Act of 1937.—[ Mr. Jay. ]
Resolution to be reported Tomorrow.
Isle of Man (Customs) Bill
Order for Second Reading read.
Motion made, and Question proposed, "That the Bill be now read a Second time."—[ Mr. Jay. ]
4.0 p.m.
On the occasion of the Second Reading of this small Bill, I should like to draw the attention of the House to an essential part of the administration of the Isle of Man Customs, namely, the Isle of Man Customs accounts which, according to the Isle of Man (Customs) Act, 1866, are due to be presented to the House each year not later than 30th June.
These accounts are, however, only presented in dummy. Looking at the accounts for last year, I see that they were presented in dummy on 28th June, 1950, but they were not presented in actuality until 18th December. They consist of only four or five sheets of foolscap and cannot fairly be made out to be matters of such great complication that this considerable delay in presenting the accounts to the House of Commons is justified.
If it is the case that these accounts cannot be presented by the date named in the Act of 1866, then surely it is proper that a revised date should be authorised and sanctioned by the present Bill. In that way we should then know when we were to receive these accounts, and it would be a means of keeping the Treasury up to the mark so that they did present the full accounts by the latest date decided upon by Parliament without resorting to the device of a dummy, which is a very convenient means, of course, of putting off the day when matters should be presented to the House.
I hope that the Financial Secretary will give consideration to this matter, which I have mentioned to him before, and perhaps at the Committee stage he will be able to include the necessary Amendment to give a revised date, which can be adhered to both this year and in future years.
Question put, and agreed to.
Bill accordingly read a Second time.
Committed to a Committee of the whole House—[ Mr. Kenneth Robinson. ]—for Tomorrow.
Navy, Army and Air Force Expenditure, 1949–1950
Resolutions reported:
I. Whereas it appears by the Navy Appropriation Account for the year ended the 31st day of March, 1950, that the aggregate Expenditure on Navy Services has not exceeded the aggregate sums appropriated for those Services and that, as shown in the Schedule hereto appended, the net surplus of the Exchequer Grants for Navy Services over the net Expenditure is £8,973,746 2s. 1d., viz.:—
£ s. d. Total Surpluses 10,921,205 14 5 Total Deficits 1,947,459 12 4 Net Surplus £8,973,746 2 1
And whereas the Lords Commissioners of His Majesty's Treasury have temporarily authorised the application of so much of the said total surpluses on certain Grants for Navy Services as is necessary to make good the said total deficits on other Grants for Navy Services.
1. "That the application of such sums be sanctioned."
II. Whereas it appears by the Army Appropriation Account for the year ended the 31st day of March, 1950, that the aggregate Expenditure on Army Services has not exceeded the aggregate sums appropriated for those Services and that, as shown in the Schedule hereto appended, the net surplus of the Exchequer Grants for Army Services over the net Expenditure is £10,013,970 3s. 10d., viz.:—
£ s d. Total Surpluses 23,236,342 12 11 Total Deficits 13,222,372 9 1 Net Surplus £10,013,970 3 10
And whereas the Lords Commissioners of His Majesty's Treasury have temporarily authorised the application of so much of the said total surpluses on certain Grants for Army Services as is necessary to make good the said total deficits on other Grants for Army Services.
2. "That the application of such sums be sanctioned."
III. Whereas it appears by the Air Appropriation Account for the year ended the 31st day of March 1950, that the aggregate Expenditure on Air Services has not exceeded the aggregate sums appropriated for those Services and that, as shown in the Schedule hereto appended, the net surplus of the Exchequer Grants for Air Services over the net Expenditure is £7,902,943 14s. 6d., viz.:—
£ s d. Total Surpluses 16,746,293 0 3 Total Deficits 8,843,349 5 9 Net Surplus £7,902,943 14 6
And whereas the Lords Commissioners of His Majesty's Treasury have temporarily authorised the application of so much of the said total surpluses on certain Grants for Air Services as is necessary to make good the said total deficits on other Grants for Air Services.
3. "That the application of such sums be sanctioned."
Resolutions agreed to.
[For details see OFFICIAL REPORT, 13th July, 1951, Vol. 490, c. 775–80.
Forestry Bill [Lords]
Considered in Committee.
[Major MILNER in the Chair]
Clause 1.—(DUTY OF COMMISSIONERS.)
4.4 p.m.
I beg to move, in page 1, line 13, at the end, to add:
"the Welsh Home-Grown Timber Advisory Committee and the County Agricultural Executive Committees."
The object of this Amendment is to ensure that there shall not be left entirely to the Forestry Commissioners the duty to determine what shall be done, but there shall be consultation between the Forestry Commissioners and agricultural interests. In short, it is not merely the Forestry Commissioners who should determine what is the proper use to which land shall be put, but there should be consultation between them and the agricultural authorities, so that forestry and agriculture shall move, so to speak, hand in hand.
Under Clause 15 statutory recognition of the existing Home Grown Timber Advisory Committee is given. This Committee will be appointed by the Commissioners after consultation with organisations appearing to them to represent the owners of woodlands and timber merchants. These organisations cover either Great Britain as a whole, England and Wales or Scotland only, but none of the organisations covers Wales only—though, of course, they can nominate Welsh representatives.
The issue seems to be more political than anything else. Indeed, no representations have been made on this point, either to myself or to the Commissioners, by owners or timber merchants. If this Amendment were accepted it would be impossible to avoid a similar Committee for Scotland, making three in all, and this would give rise to very great difficulty. The subjects with which the Committee is appointed to deal—namely, the felling quota or regulations made under the Bill—are essentially those which should be decided for Great Britain as a whole.
I think it is much better that these matters should be discussed by one Committee constituted in such a way that it can survey the whole field, rather than to confront the Commissioners with advice from three different committees, each without any knowledge of the position taken as a whole. Specifically Welsh interests are already adequately protected by the Forestry Act, 1945, which provides for three Committees, one of which is for Wales, to whom the Commissioners may delegate such of their powers as they think fit, and of course from time to time do so.
The Amendment also requires the Commissioners to consult county agricultural executive committees in relation to the general duty of establishing and maintaining timber reserves. While county agricultural executive committees are very fine bodies indeed, they are not appropriate bodies to deal with forestry or with matters concerning the state of the national timber reserves. It is agreed that local advice is required in the performance of their functions, and Clause 15 makes it obligatory on the Commissioners to set up regional advisory committees, which include representatives of woodland owners, timber merchants and forestry societies for this purpose. These committees are not required to be consulted in relation to the performance? of the Commissioners' general duty in the same way as the Home Grown Timber Advisory Committee will be consulted under Clause 1 (2). Indeed, it would be most inappropriate to make this obligatory.
In any case, I am quite satisfied that agricultural interests are adequately protected by the existing administrative machinery for consultation between the Commissioners' officers and the staff of the agricultural Ministers, as well as by the Ministers' powers under the Forestry Act, 1945, to give directions to the Commissioners where they consider it desirable; and also, where they consider desirable, officials consult county agricultural executive committees on proposals for the acquisition of land for forestry purposes. In Scotland the same sort of thing is done.
But direct consultation between the Commissioners and county agricultural executive committees has always been considered inappropriate, although I can see—and it is quite proper that it should be so—that officials of the Commissioners and officials of agriculture constantly come together particularly where the acquisition of land problems are in question. I therefore hope that the hon. and learned Member will not feel disposed to press his Amendment.
The whole argument of the Minister was that agricultural interests are already sufficiently protected against the requirements of the Forestry Commission; and secondly, that in any case no special machinery is required for Wales. Our whole experience over the last five years shows that that is not so. Whichever side may be right or wrong, the whole history of the post-war years in Wales has been one of constant conflict between these two interests. Those engaged in agriculture feel that they can be overridden at any time by the powerful machine of the Forestry Commission.
Let me deal with the first part of the Amendment which asks the Forestry Commission to consult the Welsh Home-Grown Timber Advisory Committee. Clause 15 provides that there shall be a central Home-Grown Timber Advisory Committee and that the Commissioners themselves shall maintain a regional advisory committee for each conservancy in Great Britain. As the Clause stands, there is no assurance that there will be any committee appointed to represent the whole of Wales. We have an Amendment to cover that point later.
The Minister did not deal with that matter in his speech; in fact, he seemed to be afraid that if Wales had a separate advisory committee, Scotland might want one, too. I have no objection to Scottish Members pressing for a Scottish advisory committee, and I should be quite prepared to support them. I do not think that the Minister has delved down into this conflict—a quite unnecessary conflict, it is true—but at the present time it is a fact that the existing machinery does not solve the problem of the conflict between the interests of agriculture and the interests of afforestation.
I have a great deal of sympathy with the Amendment, but personally I do not think that it is a particularly good one so far as this matter is concerned. I also sympathise with the Minister. I have no particular wish to have any more Ministries, and I certainly do not wish to see many more burdens put on the agricultural committees, because they are already very hard-working people. There are, however, two points about which I am not happy.
The first is the co-operation with the Forestry Commission, particularly in the areas that are somewhat remote. By that I mean Scotland or Wales or the West Country. In all of these matters we know the very great difficulties which the localities have in connecting up with a central body. That is very clear to many of us who live in these parts of the country.
So far as Wales is concerned, we have had speeches from two Welsh Members who do not belong to my side of the Committee and who do not belong to the Government side. They are Welsh Members who are as often to be found in the Government Lobby as they are in the Opposition Lobby. I think, therefore, that we ought in fairness to give rather more weight to their opinion, especially to that of the hon. and learned Member for Carmarthen (Mr. Hopkin Morris) who moved forward the Amendment, than was given by the Minister.
They put forward the point of view that Wales feels that there is not proper contact and that sufficient consideration is not given to the local point of view. It is perfectly fair that we should represent the interests of our constituents in the House of Commons, and this is not an isolated complaint. The Minister said that Scotland might feel that she should be treated in the same way. I am not going to speak for Scotland this afternoon because I see present the right hon. Member for Dunbartonshire, East (Mr. Kirkwood), and I feel sure that he will be going into the fight with all his well-known force and power, as he would have done 20 years ago, to attack the Government and to get this advantage for Scotland. It will be an excellent thing for him to do and I hope that he will do it.
I think that the Minister's reply was far from adequate and that it did not do justice to those who are a long way from the centre of things. I know the great difficulty that we are having in the West Country in dealing with the central bodies which are being set up. I have also heard of the same difficulty in Scotland, and I know that there is very great dissatisfaction in Wales at the way afforestation is working. That is a great pity.
4.15 p.m.
We all wish to proceed in a way which will be best for agriculture and afforestation and for the production of the largest amount of food and timber throughout the country. I should have thought that when a proposition of this sort was put forward, the Minister of Agriculture, instead of turning it down and saying that Scotland would want the same—of course, Scotland and Wales want it but the West Country deserves it far more—would have said that he would like to meet the hon. and learned Member for Carmarthen and the Scottish Members and try to work out a system on those lines so that on the Report stage something could be done to assist and bring in those places.
After all, we are going to be very dependent on them in many ways for timber, and we want to bring them into line by giving them a feeling that they have a great interest in this matter and are making a tremendous contribution. I am sorry that the right hon. Gentleman did not take that point of view. Possibly there may be some other hon. Members representing the Liberal Party or the Socialist Party or even the Conservative Party who will speak on this matter and try to persuade the right hon. Gentleman to look at it again.
I understand that the right hon. Gentleman rejects the Amendment because he says there may be a conflict between agriculture and forestry and the place to resolve that conflict is within the Ministry.
indicated dissent.
The right hon. Gentleman said that his officials would consult with those concerned in agriculture and afforestation and would settle the thing between them.
I think the hon. Gentleman wholly misunderstood me. I said that where the question of land acquisition for afforestation was concerned, my officials always co-operate with the officials of the Commission, but this is a question of determining the felling quota, which is totally different. That, we think, is far better done through a Great Britain Home-Grown Timber Advisory Committee than through a series of separate committees.
I was referring to the hon. and learned Gentleman's Amendment in which he wanted to bring in the county agricultural executive committees. I should be against that because there are so many of them. On the other hand, I feel that we want more advice on these things than from the officials. I am asking the right hon. Gentleman to say whether he would think it wise to take more lay opinion, if I may call it such, if any question should arise on whether or not a proper decision has been taken.
Would it not be a good thing to consult some of the agricultural interests? I live very near to a large forest which the right hon. Gentleman's Department has acquired, and questions arise about which the farmers get a little annoyed. I should have thought it a good thing to have brought in agriculture somewhere. If he can assure us, which I doubt, that the Ministry itself is good enough without laymen, he must have his way, but I, for one, shall watch very carefully to see whether it works out well.
I rise to support the Amendment. I do not see why the Minister cannot approach this matter in a broad way. We had a delegation to the Minister a short time ago, and one of the main points of consideration was whether or not there had been full consultation with the county agricultural executive committees in connection with afforestation. One of the main claims of the Minister was that he always took the view that there should be consultation and that there had been adequate consultation in that instance. That relates to one function of the Forestry Commissioners as laid down in subsection (2).
The Minister took great pride on that occasion in the fact that there has been the fullest consideration by the county agricultural executive committees concerned, and I do not see now why he should turn his back on that. If that is so, why not provide statutory authority for the consultations? If that is the practice, why not embody it in the form of a legal requirement? It would then remove any ambiguity or difficulty whatsoever.
I endorse the sentiments expressed by the hon. Member for Chippenham (Mr. Eccles). Surely it is vitally important that agriculture and afforestation should go hand in hand, and if that is to be brought about, then I would respectfully suggest that the county agricultural executive committees should be brought in officially. Secondly, it has been said that it is important that the minds of lay people intensely interested in agriculture should be applied to this problem, as well as those of the Ministry's officials, and that this should also be so from the point of view of afforestation. If this Amendment is accepted, there would be the official endorsement of what the Minister claims is the practice, and there would also be the benefits to which the hon. Member for Chippenham has referred.
I must reply out of courtesy to one of two hon. Members who have raised various matters. The hon. Member for Cardigan (Mr. Bowen) has not read Clause 1 (2), which says:
That was the point I made, and I tried to make it clear that we have a Welsh Forestry Committee and there will be a regional advisory committee in Wales for that particular conservancy. Thus Welsh interests will be cared for. But when it comes to a question of the acquisition of land, it has nothing to do with Clause 1, for it is the Home-Grown Timber Advisory Committee which is to be consulted. I should have thought that that is what all hon. Members would desire.
Do I infer from the Minister's remark that he will accept a later Amendment to the Bill to set up an Advisory Committee for Wales?
I did not hint that I would do anything of the kind. If the hon. Member will read Clause 15, he will find that it will be obligatory to have a regional advisory committee for each conservancy.
But not for Wales as such?
Amendment negatived.
Motion made, and Question proposed, "That the Clause stand part of the Bill."
Before we leave this Clause, I want to express the hope that the consultations between the Commissioners and the Home-Grown Timber Advisory Committee will be really proper consultations and not merely a formal matter. So often consultations of this sort are laid down in Act of Parliament but, in fact, they become purely formal and are of no consequence, and often those who are asked to deal with the matter have their advice ignored. I should like an assurance from the Minister that the consultations will be real, and that the Forestry Commissioners are prepared—I feel that they are—to pay proper heed to representations made to them by this committee.
I should like to reinforce the plea of the hon. and gallant Member for Barkston Ash (Colonel Ropner), more particularly because of the form of this Clause, in that the words used are very extraordinary. The duty that is placed upon the Forestry Commissioners is to maintain "adequate reserves of growing trees." Whatever the word "adequate" might mean, we are planning for an uncertain position. What is an adequate reserve of trees, what is the period during which that is to be done, and who is to determine what is an adequate reserve of trees? That duty falls completely upon the Forestry Commissioners. It does not matter what consultations there are with other bodies. Indeed, the consultations can be nothing more than formal, because the absolute duty falls upon them to determine what is adequate and how they are to determine it.
There is nothing here to say what is to be the Commission's guide. They might arrive at it in a purely arbitrary fashion. They may be right or they may be wrong, but it must be their own absolute decision. The consultations which they hold may be full consultations, but in many cases they will be purely formal. When we are giving these actual, wide powers to the Forestry Commissioners we should have an assurance from the Minister that these consultations will be real and not formal.
This question of consultations must be stressed, because although we are now giving statutory authority to this new body, this Committee will remember that the consultative committees which existed by statutory authority before the war were by-passed time and time again. I am not blaming the right hon. Gentleman for that, and perhaps I am giving him an opportunity of saying, "twenty years of Tory misrule." All I am doing is recalling an historical fact, and that what was provided for consultations with different sides of the industry was not made use of. In fact, in their report on postwar forestry, the Commissioners on page 19 say:
"Subsequently, the Commissioners lost interest in the Consultative Committees and for many years before the war they were very rarely called."
Then in "Post-war Forest Policy," the Government's White Paper, in paragraph 549 we read:
"We think that the very large Statutory Consultative Committees have outlived their usefulness, but that the Commission should appoint Advisory Committees as and when that course appears desirable."
I cannot see very much difference there. I do not want to labour the point, but I hope that, this power having been put in the Bill, we will be able to have the assurance which we seek.
I should like to support my hon. and gallant Friend the Member for Barkston Ash (Colonel Ropner) in his appeal on the matter of consultation. The position is strengthened because we have got the principle of consultations as a general rule laid down, but where there are words of this sort in a Bill it is not very difficult to get away from them, and after a while they become no longer operative. They are rather sloppy words. We require this assurance because we might slip into a different position. Some of us support this idea of consultations because they are regular, but it is obviously impossible to lay down a fixed date for them in the Bill. It would not be rational.
4.30 p.m.
When the Minister speaks of "adequate reserves of growing trees," obviously he cannot give definite figures, but there is an opportunity for making an appeal to the country enormously to increase our stock of trees. The Minister might give some sort of indication of the types and number of trees required. Something real in that way might be done by a Minister with imagination, outlook and forethought who could put a real target forward.
If my hon. and gallant Friend the Member for Richmond, Yorks (Sir T. Dugdale) had been in charge of this Bill he would have used his imagination to put before the Committee a real picture to show what is meant by "adequate reserves of growing trees." He would have built up a picture to show what kind of land we could have if proper attention were given to our woodlands. I hope that the Minister of Agriculture may, even at this late stage, give us such a picture. To know what is wanted is something which will give great encouragement to the country.
The Committee ought not lightly to part with the Clause. It is far more important than its modest size indicates. It covers part of the duty of the Forestry Commissioners. It says that the duty shall include
"the general duty of promoting the establishment and maintenance in Great Britain of adequate reserves of growing trees."
That duty must include the acquiring of the land and the planting of the trees. The Clause goes on to say:
"In relation to the performance of their general duty … the Commissioners shall … consult with the Home Grown Timber Advisory Committee."
In practice, as I understand the matter, the Commission do consult local committees before acquiring new land. We should not part with the Clause before we receive an assurance from the Minister that the Commissioners will consult such other committees in future, notwithstanding that the Clause is limited to consultation with the Home Grown Timber Advisory Committee, when acquiring new land. The Commissioners should consult the local agricultural executive committees.
I do not think I need give the Committee any assurance that I want to see the Home Grown Timber Advisory Committee consulted.
And the local agricultural executive committees.
Hon. Members may recall the Bill before its Second Reading and again after it left another place. They will have seen the words embodied in Clause 1 (2), that the Commissioners shall consult the Committee from time to time.
The hon. Member for Torquay (Mr. C. Williams) spoke of what the hon. Baronet the Member for Richmond, Yorks. (Sir T. Dugdale), would do, if he were in charge of the Bill, in giving a target. I am not good at painting pictures. I prefer to try to produce trees or to grow more food.
To arrange a quota about felling will not be a very easy job. The Commissioners have in mind that, after consultation with the Home Grown Timber Advisory Committee, they will try to determine the right quota for felling over a period of 10 years, with intermittent reviews again always with consultation. In that way, according to the circumstances at any given time, the quota for felling year by year will ultimately be determined. That is the route along which I expect the Forestry Commission will travel. If the Committee want to preserve for all purposes an adequate reserve of timber, Clause 1 is fully justified.
I am somewhat disappointed at the reply of the right hon. Gentleman. I think he might have given us something in the nature of a target to be aimed at. He cannot say that I have not done my best to give him a good opportunity to say something helpful along those lines.
Question put, and agreed to.
Clause ordered to stand part of the Bill.
Clause 2.—(RESTRICTION OF FELLING.)
I beg to move, in page 2, line 5, after "of," to insert: Clause 2 affects my constituency, and other constituencies in the same position. That is why I am proposing the Amendment. I must ask you, Major Milner, and the Committee to accept my apology if I am not here throughout the discussion upon the Amendment because I am due to be present at a certain Select Committee, the nature of which it would be a matter of the Official Secrets Act even to mention. I will put the case for the Amendment quite shortly.
As it stands, the Clause refers not only to the felling of trees but, in subsection (2, b ), of coppice or underwood. The purpose of the Amendment is to exempt from felling control birch, alder or willow trees of a diameter less than six inches.
In all parts of England, but especially in the south and west, there is a lot of birch, alder and willow trees which cannot, for reasons with which I need not trouble the Committee, be put to any valuable use. Though they are grown on coppice stools in the south of England, and actually reach almost the size of small trees, they are usually cut only for purposes of fuel. The uses to which they can be put are very local. In some parts, as in the west, some of the species mentioned in my Amendment can be sold and put to useful purposes, but in other parts, as in Sussex, they cannot be used at all. I do not think there is any demand for alder trees. Therefore the owners usually cut them for firewood.
The main point of the Bill seems to be to conserve the reserves of not only standard trees but also of pit wood, and I move the Amendment because there does not seem to be any point in including these soft woods of small diameter. It is true that technically speaking they are hard woods, but they are soft woods in that they have not the uses which a hard wood has. I hope that the right hon. Gentleman will give favourable consideration to the Amendment, which is one that I mentioned in my speech on Second Reading.
I wish to support the Amendment. My constituency is next to that of my noble Friend the Member for Horsham (Earl Winterton) and I know the conditions well. One gets very mixed underwood stands. I am not sure that we could not add to the list trees, such as aspen, maple and cherry, which are all very much in the same category.
Much of the underwood is now 40 years old, and a great deal of it is larger than the size to which we are to be restricted by the Clause as it stands. Unless it is possible to cut out these trees with the other underwood, there may be difficulty when one wants to replot. These trees must be cut. I have an idea that the Clause was originally drafted with sweet chestnuts mainly in view. The other trees which are mentioned in the Amendment grow very much quicker and attain a much bigger size in a comparable time.
I hope that the right hon. Gentleman will not interpret this Amendment and the Amendments which follow as the basis of an auction by which we shall attempt to get a higher bid in one section if we cannot get it in another. It looks like it, but it is not so. We agree that some control is necessary at present, and we are making certain practical suggestions which we believe will improve the control. If some practical Amendment to the Clause is not accepted we shall be lost in a mass of detail. The procedure will be so complicated that the right hon. Gentleman will have to add to the staff of the Forestry Commission to see that the proposals are carried out and the directions which are given will be observed in some detail and at great expense not only by the conscientious, but the less conscientious who may be tempted to find ways of avoiding action.
In speaking of felling we have to remember that there are three types. There is the clear felling of fully stocked or partially stocked areas, there is thinning, and then there is the thinning of large trees and clumps of trees which may be outside the woodlands. In regard to thinnings, we require freedom from pettifogging controls. As was said on Second Reading by one hon. Member speaking with authority as a former Forestry Commissioner, many more young plantations have been spoilt by not using the axe than by using it too much.
Three trees are mentioned in the Amendment, and others could be added which, as my noble Friend the Member for Horsham (Earl Winterton) has said, have no use in the main as mining or building timber and are largely used, if not as fuel, in minor local industries. The Amendment mentions birch which is frequently found in stands, part of it growing naturally and part of it growing from coppice shoots. Does the right hon. Gentleman believe it is easy to distinguish between the two types of birch growing in the same area? If he will look out of the train south of Peterborough he will see a large area of birch, part of it growing one stem on a root and part growing as coppice. I defy anyone to say exactly which is coppice and which is not. Yet according to the subsection, if we cut down trees which are not coppice and their diameter is greater than three inches, will shall be committing an offence. It is better that the species of hard wood which we have mentioned should be exempted from the three-inch control, which is far more applicable to types used for pit woods.
In supporting the Amendment, I should like to point out that undergrowth is sometimes cleared with a bulldozer-like arrangement consisting of a rake in front of a caterpillar tractor. Some of the trees which have been mentioned, particularly birch, may be caught in the scraping arrangement, and this should be borne in mind by the right hon. Gentleman when he is considering the Amendment.
4.45 p.m.
I recognise the justice of the examples cited by the Opposition, but I wonder whether they have considered the virtues of timber as timber. Clause 3 states when the Forestry Commission shall or shall not exercise their powers and they have to have regard to the interests of both good forestry and agriculture.
The types of timber which the Amendment seeks to exclude from these provisions are ones which, while not having very much virtue as timber, may have the same virtue as other types of tree for agriculture, such as for windbreaks. The willow tree has little virtue as timber, but I have always had the idea that it was grown along water courses because it had some virtue in maintaining the banks, and on low lying ground where willows commonly appear they also seem to have the same virtues as other trees in affording windbreaks and nesting places for birds.
While I recognise the justice of what has been said by the Opposition, on the wider grounds these trees should come within the ambit of the Bill so that in exercising their powers in the interests of agriculture the Commission can withhold licences to cut them down.
The hon. Member for Westmorland (Mr. Vane) was not far from the mark when he suggested that the series of Amendments to Clause 2 (2) constituted a sort of bargaining counter.
That is quite wrong.
If I were to accept all the Amendments to Clause 2 (2) we might as well dispose of the Bill.
Nonsense.
That would be the case if all the exemptions which are sought were conceded. However, I do not for one moment believe that that was the intention of hon. Members opposite, but it devolves upon the Minister to ensure that we do not make so many exemptions as to render the Bill less worth while than it ought to be. Three species are mentioned in the Amendment, but the hon. and gallant Gentleman the Member for East Grinstead (Colonel Clarke) mentioned another series. Once we step on the slippery slope we find ourselves at the bottom of it; that is the warning that I have to utter.
Birch is by no means an unimportant tree. Our broad-leaved high forests contain nearly 70,000 acres of birch and only three other species—oak, beech and ash—cover a greater area. This species sells well today if of reasonably good quality, and in war-time it could contribute very materially to our timber trade. Alder and willow are not nearly so important as birch from the point of view of acreage, quality, size and the rest.
Under Clause 2 (3) regulations can be made by the Commissioners under this Measure which may provide for additional exemptions from the provisions of subsection (1). Perhaps, therefore, hon. Members will accept an assurance from me that I am willing to submit these three species to the Home Grown Timber Advisory Committee immediately after the passing of the Third Reading of the Bill, and if I get a favourable report from them, I will consider a regulation extending the species referred to in paragraph ( b ). I hope hon. Members will feel disposed to accept that assurance.
On behalf of my right hon. Friend, who has left the Chamber, I shall be glad to accept that proposal. Will the Minister consider the additions suggested by my hon. and gallant Friend the Member for East Grinstead (Colonel Clarke), maple and cherry and aspens? They could all come within that range.
Wherever a case can be made out for a species without undermining the basis of the Bill, we shall be glad to make an exemption in consultation with the Home Grown Timber Advisory Committee.
Amendment negatived.
I beg to move, in page 2, line 9, at the end, to insert:
The Amendment seeks to simplify the tree preservation order procedure proposed in the Bill by making a clearer boundary in the responsibility between the planning authority and the Forest Commission. When this Clause was introduced into another place it was agreed on all sides, and by no less learned a person than the Lord Chancellor, that it was difficult to understand. Since then certain Amendments have been accepted and I am sure that all hon. Members will agree that it is still extremely difficult to understand. I am sure, too, that as much of it as they can understand they will think could have been better put. It is absurd that the local planning authority should have a substantial say in the management of normal woodlands all over the country, and particularly absurd now that the Forestry Commission is taking powers to require restocking.
I am sorry to interrupt the hon. Gentleman, but this is a very limited Amendment to exempt trees standing or growing within the boundaries of any municipal or county borough or a Metropolitan Borough of London.
I was trying to explain that it hangs together with certain Amendments to Clause 13 which are much more important, and that it is necessary to make this Amendment here almost as a consequential Amendment to those Amendments.
The object is to make a better dividing line between the responsibility of the Forestry Commission and the local authorities, and to say that within the boundary described in the Amendment the writ of the Forestry Commission shall not run. I am sure that no hon. Member would suppose that such trees that grow within those boundaries are the responsibility of the Forestry Commission, since they can be looked after by the appropriate local authority.
Perhaps I should mention that there is a somewhat similar Amendment to Clause 25, page 21, line 35, which excludes the administrative County of London. It might be convenient to discuss that Amendment at the same time.
With respect, Major Milner, that Amendment, in the name of two hon. Members who are not in the House at present, is on quite a different point. My point concerns Clause 13.
The hon. Gentleman may be correct but, nevertheless, it is the same point. It is an exclusion not only of the Metropolitan Boroughs of London but also of any trees grown within the boundary of any municipal or county borough.
I do not know if the hon. Member is aware of what would be the effect of this Amendment? A number of boroughs contain within their boundaries large areas of open country, including woodlands, many acres in extent. In the aggregate the volume of timber standing within the municipal boundaries is substantial. Comprehensive figures are not available but as an indication, which I hope the hon. Member for Westmorland (Mr. Vane) will bear in mind, it may be said that 20 municipalities large and small, chosen at random, have within their boundaries no fewer than 430 acres of woodlands—
Municipal?
Yes. Woodlands which are of sufficient importance to justify the making of tree preservation orders. There is one county borough or city which has 1,200 acres within it, and that is almost one of our largest industrial cities. [An HON. MEMBER: "Epping?"] I am not sure that I am entitled to give the name. [HON. MEMBERS: "Why?"] I do not really see why I should withhold it—it is Sheffield. I said 1,200 acres although I do not know if any has been felled recently, but that indicates what can exist within the confines of a county borough area. If this Amendment were accepted, the owners of all the trees, and not merely the municipality, could fell and would not be required to restock. At the same time the Commissioners would not be able to impose felling directions. This would constitute a serious threat to our reserves.
There is no objection to the exclusion of trees in built-up areas, but the difficulties of definition are great. In any case, there is no real need to exclude such trees from the Bill except in the case of London. If it would satisfy the hon. Member, I am willing to accept the Amendment to Clause 25.
Why is London different?
Because there are differences. The acreage of growing trees in county boroughs, taken by and large, is very different from the Metropolitan area. I am sorry that I cannot accept this Amendment, but I am willing to accept the later one to Clause 25.
I hope that on further consideration the Minister will be able to accept this Amendment. I was surprised that he appeared to be so-concerned over what, after all, is a trifling acreage of woodland owned by 20 county boroughs. The area is small, and the Minister is paying scant respect to the sense of responsibility of local authorities in expressing the belief that, if this Amendment were accepted, local authorities would embark on an indiscriminate and wholesale felling without any kind of replanting.
My experience of local authorities in municipal and county boroughs is that they have a high sense of responsibility. The Minister would be helping enormously the administration of this; Bill, and would be doing no disservice to the cause of forestry if he would look at it again and accept it at a later stage.
5.0 p.m.
I came only to listen to the discussion on the Clause, and there is not very much that I need say. I understand that the Minister is prepared to accept the Amendment to the all-important Clause 25 and that the Bill will then have no effect whatever on timber growing inside the administrative County of London. I understand that that is the position.
indicated assent.
I ask the Minister to give further consideration to the position of county boroughs. He has referred to Sheffield, but I cannot believe that within many county boroughs there is much in the way of woodland, because some of the ancient municipal boroughs have extensive boundaries which include a great deal of agricultural land. I can think of one in my own constituency. But that, surely, is not the case with the vast majority of county boroughs. The right hon. Gentleman could say "county boroughs and the Metropolitan Boroughs of London" without in any way endangering the principle of the Bill. I ask him to give further consideration to this before the Report stage, so that we can make further progress.
I cannot quite understand the apprehension of hon. Members opposite regarding this restriction in connection with county boroughs, nor can I understand the assumption that there are not county boroughs which have a substantial area of rural land coming within their boundaries. Sheffield has been quoted, and I should like briefly to refer to Manchester. I should imagine that Manchester would welcome this additional protection in support of what would be really a continuing amenity.
Manchester has always endeavoured to preserve as many trees as possible within its area. Within the county borough of Manchester, there is one area of 150 acres—Wythenshawe Park—which is a very fine wooded area; and on the south side of Manchester, which goes into Cheshire but is still part of the county borough of Manchester, there is a very wide expanse of wooded land. It would be wrong, therefore, to assume, as I think is being assumed this afternoon, that a county borough problem is merely an urban problem. It can be an urban and a rural problem. In fact, the preservation of trees in the county borough of Manchester has taken that dual form, with the preservation of trees where there is urban development.
Hon. Members will be aware that in town planning schemes, where it is possible to make a clean start, we normally zone for factory areas. In our case, we actually zone for rural areas. Manchester has been very lucky in acquiring a great part of Cheshire and bringing it within its boundary. I represented Wythenshawe on the Manchester City Council. They have made a complete start with untouched rural land. We were able to make a very fine town planning scheme, including urbanisation, by preserving ground in a rural area.
If the proposed exclusion were given, quite a large rural area of good wooded land would have an advantage as compared with the control that will operate in regard to other areas. I see no cause for apprehension. A progressive local authority is already following this course and attempting to preserve as many trees of this standard as possible. Therefore, I suggest, a progressive authority would not resent this additional protection and obligation before a tree could be felled.
If the Amendment needed any support, it has been given it in the last few words of the hon. Member for Deptford (Mr. J. Cooper). If a local authority is already planning for its trees, and felling and planting them in the way that it should, why should it then have to accept the orders regarding licences and so on from the Forestry Commission? If the authority is already doing that perfectly properly, why does it need to have another authority to tell it how to do it? That is a strong argument against the Amendment rather than in favour of it.
I ask the Minister to look again at the matter, for this reason. I quite appreciate his point that there may be a private forest owner—say, the owner of a plantation—on land which is within a city boundary or a county borough. But surely, it is not impossible to overcome this difficulty by adding words to the Amendment to cover trees that are "in the ownership or under the control of the local authority" or something of that nature. That would remove the risk which the Minister has, quite rightly, put before the Committee.
It seems a little absurd that if we leave the subsection as drafted, a local authority, when it wants to make a long roadway clearance of trees which are ripe for felling and which may in the course of a few years be overgrowing their ordinary duties of providing ornament to a road, should have to get in touch with the Forestry Commission to get licences, and so on. That is a rather absurd position and I ask the right hon. Gentleman whether he cannot devise a form of words to be attached to the Amendment which would achieve what, I think, we all want to achieve.
If any hon. Member opposed the Amendment, it is the hon. Member for Weston-super Mare (Mr. I. L. Orr-Ewing).
No; I had no reason to oppose it.
County boroughs are, as my hon. Friend the Member for Deptford (Mr. J. Cooper) said, more anxious to preserve trees than to destroy them. If he thinks only in terms of Clause 1—that is to say, of adequate reserves—then I have already said that 20 municipalities taken haphazard, had 430 acres of trees within their boundaries.
Municipal boroughs.
Yes, municipal boroughs. Multiply that by the total number of municipal boroughs, and it becomes a substantial area and weight. What are hon. Members opposite asking for?
The right hon. Gentleman is not suggesting, is he, that those municipal boroughs own all the trees on the land within their boundaries?
No. If they did, I might be more ready and willing to accept the Amendment. We should be sure, then, that abuse would not take place.
After all, what is the difference between the woodland area within a municipal borough, and a municipal borough without it? What the hon. Member is asking for is this. We allow the woodland owner, within or without a municipal borough, to take down trees no more than three inches diameter. We allow the same woodland owner, within or without, to take down trees no more than four inches in diameter for purposes of thinning and to improve the remaining timber. We allow the estate owner to cut down 275 cubic feet per month, of which he can sell 50 cubic feet per month. What the Amendment asks is that all restrictions of any sort or kind be removed from the private woodland owner within a municipal area.
The Minister keeps on dealing with a municipal borough. I ask that he should apply his mind to the county borough in respect of the different considerations which, I suggest, apply. In most county boroughs we should not get anything like the area of woodland that may be found in the vast mass of municipal boroughs, because old borough boundaries often include a very great deal of agricultural land. Therefore, to talk only of municipal boroughs is not meeting the request which I made to the Minister. In view of my wish that the Committee should make further progress, I hope the right hon. Gentleman will give further consideration to the question of county boroughs, which, in my view, fall into a different category.
But the hon. and learned Member must be aware that I am dealing with the Amendment, which specifies municipal or county boroughs, plus the Metropolitan Boroughs of London.
I do not think the Minister wanted to misrepresent me. But the whole object of the Amendment is to leave the field free for the local planning authority in the tree preservation order procedure, without having superimposed on it the Forestry Commission with their particular provisos about felling licences. The whole object is to have one authority entirely responsible within the municipal county boroughs and the metropolitian boroughs. Will the Minister look again at the matter in that light? I do not want any special privileges to be given to anybody who happens to own any trees within the boundary of a borough. When the Minister thinks of giving this privilege to London will he see why it cannot be given to the smaller boroughs, and also to Appleby, in my constituency?
If the hon. Member will wait until we deal with the Amendment to page 2, line 41, perhaps I will be able to give him the benefit of the views of the Association of Municipal Corporations and my view.
Amendment negatived.
I beg to move, in page 2, line 12, at the end, to insert:
"or any diseased or dying tree."
I submit that, although this is a short Amendment, it is an important and a sensible one. As the Bill stands, it is possible for a tree to be cut down legally, provided it is dangerous to man or beast, but it is not possible to cut down a tree which is dead, or in any stage of disease. I believe that in the best interest of forestry a dead tree should be cut down. It may be convenient and economical to cut it down when trees which are near are being cut down and in the case of diseased trees, particularly poplars, which may die within a fortnight of contracting disease, it may be very desirable to cut them down before disease can spread.
If one could imagine the power being used only for the purposes described by the hon. Member, there would be very little objection, but the Amendment is wider than that and proposes that the owner of a diseased or dying tree may cut it down without any felling licence. Who is to decide whether it is diseased or dying? Surely, only the owner. I have consulted the experts and find that there are a large number of diseases which may affect trees, and that trees may be reasonably healthy, mature and grow good timber even though diseased. If the Amendment were accepted, it would mean that if a tree had the slightest disease it could be cut down.
Who needs to decide when a tree is dead?
We are dealing with the Amendment. The owner could go ahead felling trees almost indiscriminately and when he was caught, he could say that they were diseased. Neither the Forestry Commission nor anyone else would be able to examine the tree until after it had been cut down and after they had got to know that he was felling trees in excess of the number he was permitted to fell by felling licence, or under another subsection of this Clause.
If an owner had an odd tree which was really diseased, or dying or dead, he would not find it difficult to get permission from the Forestry Commission to cut it down, or to include the timber under subsection (2), paragraph ( i ). I should have thought it would be easy to include such a tree under that paragraph. This Amendment takes us back to the question of what would happen if we were to go on removing restrictions in this way. This Clause would become meaningless. I hope the hon. Member will not persist with his Amendment.
5.15 p.m.
I am astonished by the reply of the Joint Undersecretary because, as I read the Bill, this Amendment is only declaratory of what is already in the Bill. I hope the Minister will be able to convince me if I am wrong, but on the question of who is to judge, I would refer to subsection ( d ) which suggests that the person judging is the owner of the tree.
Where it is necessary to fell for the prevention of danger or the abatement of a nuisance, the person is the owner. If such a person has a number of trees—poplars, for instance—which are diseased and the disease might easily spread, surely the owner would be entitled to cut them down for the purpose of preventing the danger of the disease spreading. Similarly, if one has diseased trees on one's land, I should have thought that in law that would constitute a nuisance, and would he not be entitled to fell without a licence?
I should have thought the reply of the Joint Under-Secretary was quite contrary to the purport of this part of the Bill, while the words which my hon. Friend is seeking to incorporate are only declaratory for the purpose of making this part of the Bill clearer than it is at present. If the right hon. Gentleman tells me that as a matter of legal construction in respect of the wording of paragraph ( d ) we are not allowed to fell trees which constitute a nuisance or a danger, but to fell other trees without a licence, all I can say is that I am sure this Clause does not carry out his intention as to what should be done.
I appreciate the difficulty in which this Amendment places the right hon. Gentleman and the Joint Under-Secretary in reaching a decision. It would be possible to argue that almost every tree is diseased and one might almost argue that every tree is dying owing to the lapse of time—as I suppose we all are. In dealing with an earlier Amendment, the right hon. Gentleman suggested a way of getting over the difficulty, and the same procedure might be adopted in connection with this Amendment. He said that the Forestry Com-mission, by regulation, might exclude for felling by licence birch, or willows and so on. Would it not, therefore, be possible to deal, by regulation, with specific diseases?
I imagine the right hon. Gentleman would not wish me to keep growing—he would think it urgent that I should fell—any elm suffering from ceratostomella ulmi, a pernicious disease of the elm. A tree suffering from that disease is not only condemned to death but is highly infectious. Surely that tree must be cut down, and the Bill should not only give the owner of such a tree the right to cut it down, but place on him the obligation to do so. Will the right hon. Gentleman tell me whether, if the American chestnut blight gets to this country, he would want me to keep a chestnut which had contracted that disease? Would he desire me to keep it growing? I hope the right hon. Gentleman will reply to that question.
If the hon. and gallant Member told me, or the Forestry Commission, that a tree of his had American blight and he asked for a licence to fell it, I would consider it very seriously.
I am sure the right hon. Gentleman would do so but how long would it take my application to reach him? Take the question of the Wanstead sycamore disease, a new disease only recognised as a fungoid disease during the last six months, which is very localised and only virulent, so far as we can make out, in smoky areas. What are the right hon. Gentleman's proposals about trees suffering from that disease? There is not the least shadow of doubt that where that disease is recognised the trees should be cut down not in a few months or even a few weeks but in a few minutes. It is a killing disease which will spread throughout the country unless some provision is made in this Bill to deal with diseases of that kind.
The Minister found a way of dealing with those trees which we desired should be excluded from the scope of the Clause. I should like him to tell me that he will give consideration to dealing with specific tree diseases in the same way.
I think that the hon. and gallant Member for Barkston Ash (Colonel Ropner) put his finger on the point. He admitted at once that one could say that almost all trees are suffering from some form of disease, and that the Amendment in its present form could not be accepted. He went on to say that there are specific diseases to which the Commissioners should give the most sympathetic consideration in framing regulations. The hon. and gallant Gentleman made a suggestion that we might deal with the point by giving the Commissioners power to say in regulations that when a tree suffers from a particular disease the owner may fell that tree immediately. I thought that that was a very fair way to put the position.
My right hon. Friend is most willing to consider, in consultation with the Forestry Commission, the practicability of framing regulations to give effect to the sort of situation that the hon. and gallant Member had in mind. I think that meets the point of the hon. Member for Salisbury (Mr. J. Morrison) that we ought not so to frame this legislation that the owner of a tree which is heavily diseased and ought to be destroyed would be prevented from destroying it. I hope that the Amendment will be withdrawn.
There are in this Clause the words:
Could the Minister say either now, or on the Report stage, if those words would cover diseased, rotting and dying trees? They are a nuisance from every point of view, and I think that must be the intention of the words I have mentioned unless there is some peculiar legal definition of "nuisance." It might be that by reason of those words something which ought to be done could be done without any of the difficulties which my hon. Friend foresees. I believe that there is a way out of the difficulty there.
I am glad that, in his second intervention, the Joint Undersecretary did not impute to me such low motives as he did on his first intervention. I feel that there is substance in this Amendment, although I appreciate that the hon. Gentleman has gone part of the way to meet it. I hope very much that if I ask leave to withdraw the Amendment the right hon. Gentleman will bear this point in mind, and if possible, put something in the Bill on Report stage to cover it.
May I have an answer to the Question I put? I really believe that there is a way out of the difficulty there. Will the Minister see to it?
The hon. Gentleman can, if necessary, raise the question on the Motion, "That the Clause stand part of the Bill." It does not seem to me very relevant to the Amendment before the Committee.
Amendment, by leave, withdrawn.
I beg to move, in page 2, line 23, to leave out "four," and to insert "five."
I hope that the right hon. Gentleman will not say again that these Amendments to this Clause are proposed with a view to making the Clause less effective. That is not so. I hope that he will consider in a kindly way this proposal to increase from four inches to five the diameter of trees, the felling of which is exempt from licence requirements where the felling is carried out in order to improve the growth of other trees. If "four" remains in the Bill, it might conceivably be alleged that that would cover the first thinning of the woodland but it would not cover the second thinning nor the wolf trees in a very young plantation.
I think that it will largely help in the administration, from the Forestry Commission's point of view, and will certainly help the woodland owner by not insisting that he should continually be asking for licences to carry out orthodox and proper forestry operations if the figure "four" is increased to "five." I would add only that in the definition Clause the measurement is taken as being at a point five feet above ground level, and over the bark. A tree five inches in diameter, measured in accordance with that definition, is really scarcely a tree. I feel that the Minister will assist forestry as such and encourage the proper thinning of woods if he will agree to this Amendment.
I support the Amendment. I think it is recognised that the best method of thinning is little and often, and the provision as it stands in the Bill will tend to prevent owners from doing so. They will not wish continually to be applying for licences merely to remove a few trees that should be removed. That may have a secondary bad effect in that they will thin rather too heavily at a time, and in windy areas in particular, they may have trees blown as a result.
I am alarmed at the size of the task which the Forestry Commission are taking on themselves all through this Bill. I cannot help asking myself whether they have sufficient staff to deal with the work that will be imposed on them when this Bill becomes an Act. Their organisation was not planned for this purpose but for them to grow timber themselves—not to supervise practically all the private owners in the country. I believe that they have a certain amount of data behind them in the form of a census, but from my observations I am not sure that that will be complete enough for them to give decisions without, as a rule, sending someone to look at this standing timber on the-ground, which will impose a lot of work.
I am sure their organisation will be stretched, and as a result everyone will suffer because there will be long delays, after a licence is asked for, before permission is given, and the proper season for cutting and getting the timber out may have passed. I hope that the Minister will allow himself to be helped. We are trying to allow the Forestry Commission to be helped by their not taking on too big a task.
5.30 p.m.
I cannot conceive why the Minister of Agriculture wishes to control the cutting of thinnings at all. For the last seven or eight years, in a series of Acts of Parliament, we have been trying to induce a sense of greater knowledge and skill into the owners of the woodlands of this country. Here appears to be an example whereby the Government of the day, if they are caught out on their timber reserves, may use economic or other policies to hinder the proper keeping of our woodlands.
I should have preferred this section to be eliminated. Nevertheless, my hon. Friends can be assured of my support for their Amendment. One of the criticisms which I have often heard from our more successful continental forestry friends is that we fail to thin our woodland areas sufficiently. This subsection obstructs woodland owners from thinning at all.
I can well imagine the appalling delays which there will be for our poor hard-pressed forestry officers. Within the last few weeks I have had experience of delay. Some trees died inexplicably, and I had to wait for several weeks before the forestry officer could find time to visit the site. I might have raised that matter on the last Amendment. It shows how pressed these officers are. Under this subsection, and under this Bill, we are putting an appalling amount of extra work on these officers.
My hon. and gallant Friend the Member for Barkston Ash (Colonel Ropner) has said that a tree with a diameter of four inches is hardly a tree. That is true, but even a tree of six inches girth, which is the figure which I should have preferred, is hardly a tree. It is entirely wrong for the Minister to give this power to the Forestry Commission and to overburden with work that body which is already overburdened. This will tend to undermine the principles of good forestry which we have been trying to bring into being ever since the Forestry Act, 1949.
The hon. and gallant Member for Barkston Ash (Colonel Ropner) asked me not to repeat what I said about Oliver Twist. If ever there were a body of Oliver Twists, they are the Members of the Opposition this afternoon. What is the history of this matter? When the Bill came here for Second Reading, there was no reference to a tree of four inches in diameter. The only trees which could be felled without licence were those of three inches diameter or less. But in another place, which is not altogether free from private woodland owners, representations were made.
Why were they made? It was thought that exclusively for good afforestation purposes—for thinning and helping the remaining trees to grow more rapidly—that we ought to concede what is now subsection ( g ) so that trees up to four inches in diameter could be removed for estate purposes. As is usual, my heart almost bled for their noble Lordships, and I conceded the point. One of the noble Lords who mentioned this matter said that as far as he could see it met the point for which he and other noble Lords were pressing in the Committee. At no time during that debate was there any suggestion that trees of four inches diameter would not be big enough for forestry purposes.
We made the concession in another place, and I hoped that that would be sufficient. I am satisfied that there are as many expert private woodland owners in another place as there are here. If they were entirely satisfied that this measurement was not inimical to the interests of good afforestation, I was happy to accept their point of view. We must not forget that, in an Amendment which will be before us shortly, we are conceding the right of the estate owner to fell a certain cubic footage per month throughout the year for use on the estate and for sale.
I hope, therefore, that as the Government made a concession in another place, hon. Members opposite will feel that we have gone as far as we reasonably ought to go if we are to preserve adequate reserves. If these Amendments, one after another, are to be pressed, there is little or no point in making concession after concession in another place. We have acted strictly in the interests of good afforestation and at the same time we have tried to arrange for the preservation of adequate reserves. I hope that hon. Members will not press this Amendment.
I think that the right hon. Gentleman has misunderstood the reason I moved this Amendment. He said that in another place a concession had been made to enable timber to be felled for estate purposes. As the right hon. Gentleman may have noted, I never mentioned the question of the use of timber for estate purposes. The ground on which I proposed this Amendment was that it would include second thinnings. It was entirely in the interests of good forestry and not the utilisation of timber that this Amendment was proposed.
It is a fact that a diameter of four inches will not include anything other than first thinnings. It may be that there are a large number of cases where it will not include first thinnings, but it certainly will not begin to touch anything which we call second thinnings. I hope that the Minister, having failed to appreciate the reason for this Amendment—and no doubt the fault was mine—will undertake to look at the matter again in the light of what I have said.
As we have a wide variety of climate, siting and soil, all of which wide variety is covered by this subsection, would it not be wiser in the interests of good forestry to make a wider limit? I should have thought that there was considerable dispute about whether the present measurements can be applied at all in some parts of the country. If the whole country was standard in climate, altitude and all the rest of it, it would be simple to fix a standard. As it is not standard, and as the Minister must have some limit, it is important that it should be a practical limit in all areas and not merely in some.
Amendment negatived.
I beg to move, in page 2, line 23, to leave out "of which he is the owner," and to insert: in relation to the trees, would mean the freeholder of the land on which the trees were growing. We feel that it is too restrictive to use that definition only in the exemptions provided for in subsection (2, g and i ) because the result would be that only the freeholder could seek the exemptions. It might very well be that the freeholder had leased the lands to a tenant and had not reserved to himself the right to fell trees.
Accordingly, we felt that either the freeholder or the tenant, according to the lease, should have the right to get the exemptions under these paragraphs of subsection (2). This is an extension for the benefit of the person who is entitled to fell the trees, and so, rather than confine it only to the freeholder, we have left it in the position that, if the freeholder is the person with the right to fell the trees, he can invoke the exemption, or, on the other hand, if the tenant is the person who in law has the right to fell the trees, the tenant can invoke the exemption. The proper persons will thus get the benefit of the exemptions provided by these paragraphs.
May I ask the Lord Advocate two questions? Does this Amendment interfere in any way with any tenancy agreement concerning which there is an agreement on both sides as to who will be responsible for the timber on any particular farm or what will be the position if there are no reservations in the agreement? Will the tenant be entitled to cut down trees without any further reference to the landowner?
The answer to the first question is "No"; it would not interfere. Secondly, this Amendment gives the right to the persons who are entitled to fell the trees to claim the exemptions, and that right will be vested in the person who in law has the right to fell the trees.
Could we have a clearer answer on this point? In many parts of England agreements are reached without any written document at all, and it is always considered by custom that the timber belongs to the lessor. If there is no written agreement, what will be the effect of this Amendment?
I do not know why the hon. Gentleman should ask for a clearer explanation. I have said that the person who in law is entitled to fell the trees will be the person who is entitled to invoke the exemptions. Accordingly, the question for determination in each case is who is the person who is entitled in law to fell the trees.
Amendment agreed to.
I beg to move, in page 2, line 25, to leave out "and," and to insert "or."
This is a very important Amendment in the interests of good forestry, although it exhibits a certain economy in words. Paragraph ( g ) is the only one which in any way recognises the special position of thinnings. During the discussion on a previous Amendment, I said that there was a great difference between the control either of clear felling or felling of isolated trees and the control of thinnings.
So far as this country is concerned, both in Woodlands belonging to the Forestry Commission and those belonging to other owners it is not the control of thinnings but the encouragement of thinning that is wanted today. As the Clause stands at present, a woodland owner is entitled to make conifer thinnings up to a diameter of four inches, provided the thinnings are needed for fencing or other estate purposes.
5.45 p.m.
When the right hon. Gentleman works out how many cubic feet per acre are likely to come out as second thinnings, he will find that he will not have to cover a large area of woodland before we have a considerable quantity of fencing material. From the point of view of good forestry, this subsection does not go far enough, and if the right hon. Gentleman substituted the word "or" for the word "and" he would be doing forestry a very good turn. Therefore, if he does not see my point now, may I ask him to think about it later and see whether he cannot accept the Amendment?
The effect of the Amendment would be to enable the owner to fell by licence trees up to five inches in diameter, whether the trees were felled to improve the growth of other trees or not. That would be the effect of the Amendment.
Thinning for estate purposes.
Yes. It would allow the person to fell trees up to five inches in diameter, whether the trees were felled to improve the growth of other trees or not. The Amendment which I accepted in another place was to concede a diameter of four inches if the timber was required for estate purposes. This Amendment would be a very wide extension, and, if it were accepted, an owner could completely clear fell immature growths without a licence, on the ground that the timber was required for estate purposes. Probably the hon. Gentleman does not desire that, but that would be the effect of the Amendment.
Surely clear felling could not possibly improve the growth of other trees?
If the trees were four inches in diameter, or approximately that diameter, if the Amendment were accepted they could be clear felled. Probably the hon. Gentleman does not wish that, because he hangs his argument on good estate management and good afforestation, which is quite another thing.
It is vital, if we are to build up stocks of timber, not to clear fell young crops. It would be wrong to allow anyone to fell such timber unless it was decided, after the careful examination which would follow any application for a licence, that for some very special reason an exception should be made in particular cases. If, therefore, we are to have anything like an adequate reserve, we have to draw the line somewhere. We drew the line on Second Reading at three inches, and in another place we went to four inches. Now, if we are to extend the limit where four-inch timber could be felled, we should have clear felling going on without any control whatever. In these circumstances, I think the hon. Gentleman would not wish to press his Amendment.
The right hon. Gentleman is confoundedly suspicious this afternoon of the motives of the Opposition, and has said so on a number of occasions, but he really will not appreciate that we are trying to make this Bill work with a minimum of difficulty, both for the Forestry Commission and the private woodland owners. I suggest that he should try very hard to find a form of words which will encourage woodland owners to carry out thinnings.
It really is creating more difficulties if the right hon. Gentleman ties together, as he does in this Clause as it now stands, the perfectly orthodox and proper forestry operation of thinning and a provision that timber after felling has to be used for a specific purpose. I very much hope that, between now and Report stage, he will be able to devise an Amendment which will safeguard him against all these bogeys which he has conjured up in his mind, and which will enable him to do that which we on these benches really want to do, which is to make this Bill a really workable Forestry Bill.
I hope that the right hon. Gentleman will look at this Amendment in a rather more reasonable frame of mind because, surely, the object of the Bill is, in the first place, to improve the general standard of woodland management and, in the second, to stockpile timber, although I agree that to some extent those two things may conflict.
But it really places an impossible burden upon an already overburdened Forestry Commission if woodland owners have to apply for a felling licence in order to carry out the essential woodland management operation of thinning trees rather more than four inches in diameter. Therefore, as my hon. and gallant Friend the Member for Barkston Ash (Colonel Ropner) said, to link the good woodland management operation of thinning with the condition that the thinnings must be used for an estate purpose, namely, fencing, does not make sense in the ordinarily accepted meaning of estate management.
The Minister must really try and credit woodland owners with both a little common sense and with a great deal more good intention that he apparently does at the moment, not only in connection with the carrying out of good estate management, but also with good woodland management at one and the same time. This Clause places them in the most extraordinary position, and it also adds greatly to the burden of the Forestry Commission who already have a great deal to do.
It is an astonishing thing, but, for once, I think the Minister is right regarding what he said would be the possible effect if this Amendment were accepted. But it is quite clear that my hon. Friend the Member for Westmorland (Mr. Vane) who moved the Amendment only desired to have proper thinning, and I was rather horrified that the Minister was not willing to further that ideal of estate management.
No one would ever fell trees if they could help it unless they were bad or were needed for estate purposes. As far as the ordinary private owner is concerned, I am sure that he is unlikely to fell trees for any other purpose. The real bad management would come under other authorities with whom we cannot deal here. This is not an Amendment in support of which I feel I should like to go into the Division Lobby, and I think it would be wise if my hon. Friend withdrew it.
As I have said, I was horrified that the Minister, just because the wording of the Amendment was not right or convenient at this moment, took such a discouraging attitude when all that my hon. Friend was trying to do was to help forestry owners. This is not a matter of getting concessions, but of trying to get the best possible Bill, and just because the right hon. Gentleman had his heart wrung here or there does not really affect this Amendment at all. All we are concerned to do is to get the best possible Bill and one which will work.
The hon. Member for Torquay (Mr. C. Williams) can comfort himself, as can other hon. Members, with subsection (3). If we find ourselves in a position where we can increase the three or four inches to whatever it might be, we should be able to do that by regulation. I am sure we would all like that happy day to arrive, and if circumstances improve we can do by regulation what I think most hon. Members opposite desire.
In view of the right hon. Gentleman's explanation that one of the results of this Amendment, if accepted as it stands, would be to defeat its object, I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Amendments made: In page 2, line 27, leave out from "on," to end of line 29, and insert "any such land."
In line 35, leave out "of which he is the owner," and insert:
"on land in his occupation or in the occupation of any tenant of his."—[ Mr. T. Williams. ]
I beg to move, in page 2, line 41, to leave out from "exceed," to "and," in line 42, and to insert:
This Clause deals with the amount of timber which an owner may cut during the year without a licence. We consider this to be a very important point. Before I adduce the arguments in support of these Amendments, I wish to stress that we do not intend by any of them to increase the amount of timber that any owner may either fell or sell in any one year. The figures as the result of all these Amendments would be exactly the same as those in the Bill. What we want the Government to do is to ease the machinery for doing this, first, from the point of view of commonsense and convenience, secondly, from the point of view of forestry, and thirdly, from the point of view of an owner marketing his timber.
I will deal first with the commonsense and convenience point of view. As the Bill stands at present, any one owner may fell only 275 cubic feet of timber in any one month. I am told that means eight normal softwood trees or one very large oak tree. From a commonsense point of view, it is surely cluttering up the administration of the whole Bill by being rigid on this month-to-month allocation. I am quite certain it would be much more convenient for any forestry owner in any part of the country to be able to sell his quota of wood at any time suitable to himself within the 12 months. It would also be much more convenient for him to be able to fell that wood during whatever period of the year he chooses to do it.
I now turn to the forestry argument. I believe I am right in saying that in the interests of good forestry and in the interests of what the wood is going to be used for afterwards, it is much better to fell timber in the winter months when the sap is down. Certainly from the point of view of the forestry owner it is much easier to move timber during the winter months. It can be cut more easily when there is a frost. In addition, there are fewer crops growing in all the fields adjoining the woods, so from the point of view of good forestry and good estate management we contend that it would be much better to spread this allowance over the full 12 months' period.
6.0 p.m.
Finally, from the point of view of marketing timber, if it is said that it is a convenience to market the whole 600 cubic feet in the year rather than 50 cubic feet in any one month, is it not also true to say that if an owner had cause to cut down a really big tree ready for selling it might easily be over 50 cubic feet? What can be more ridiculous than selling half a tree one month and keeping a bit over to sell the following month? Is it also not right that, from the point of view of marketing trees, certain types of timber are more valuable at certain seasons of the year?
For all these reasons my hon. and right hon. Friends hope that to make this Bill effective and to make it work to the best advantage of forestry, the Government will see their way either to accept this Amendment and the subsequent Amendments as they are or to make some counter-propositions to lengthen the period of time from the present period of one month to, we hope, one year or to such lesser period as the Minister may suggest in reply to our suggestions.
I rise to support this Amendment because this applies not only to foresters but to farmers. The rest of the exemptions are mainly forestry exemptions but this one deals with the fieldside tree as well as the woodland and it seems to me to be administratively impracticable to restrict any owner of a tree to 275 cubic feet in any one month. Farmers are far too busy at this time of the year to bother about cutting down trees. They have much more time in the winter. What owner-occupiers usually do in my part of Scotland, at any rate, is to cut down enough trees while they are at it so that their farm servants can have enough lop and top for a year. They cut them down at once, probably as soon as the crop is down in the autumn. They last a year and that is the end of it.
Here the right hon. Gentleman is turning all these people who have been doing this for generations into criminals. They will commit a crime unless they cut one tree a month in each of the 12 months of the year. I protest against this and support the Amendment not only from the point of view of forestry but from the farmers' point of view.
I wish to support the Amendment and I should like to quote one or two instances of how this provision will apply. If one is felling oak trees and means to strip the bark, there are only six weeks of the year, when the sap begins to rise, in which one can do it. If a farmer wants to cut 600 cubic feet, he will have to do it over a period of six years at the rate permitted in this Bill. I agree that there are not many trees of 200 cubic feet but the Minister will remember that at the Royal Show this year there was an oak tree of well over 200 cubic feet in the forestry exhibition. If that tree had been sold under the provisions of this Clause, it would have had to be done by the extraordinary system of selling 50 cubic feet a month for four months, and that would be absurd.
I appeal to the right hon. Gentleman, and I rise before he replies in the hope that he gives a more favourable answer than perhaps he would have done without considering the points I am going to make. The Amendment in no way affects the general principle of the Clause which I and my hon. and right hon. Friends accept. But this provision in the Clause would interfere completely with the whole system of estate forestry on many estates.
It is quite impracticable, for the reason given by my hon. and gallant Friend the Member for Richmond, Yorks. (Sir T. Dugdale), to cut an allotted amount of timber in different months of the year. It must be cut at one particular period, and the suggestion I have to make to the Minister, which I should have thought was a reasonable one, is that he should consult again with the Forestry Commission before the Report stage of this Bill to see whether in some way or another what my hon. and gallant Friend the Member for Richmond, Yorks., says cannot be met.
I hope that the Minister in his reply will not say that, as it has been said from this side of the Committee, that it will be easier to cut down 3,300 cubic feet in a year than to cut down 275 cubic feet each month, that is a reason for resisting this Amendment. The right hon. Gentleman has to make up his mind what is the maximum amount of timber that is to be cut and to stick to that figure and to appreciate that that amount will be cut; but it will make it awfully difficult for landowners if he insists that it should be cut in monthly instalments.
To multiply the monthly figure by 12 is not really a device to get a larger quantity of timber cut. It is a genuine attempt to help people who, to earn their living or for any other reason, cut timber. If the Minister believes that to place it on a yearly basis will lead to a greater quantity of timber being cut, then he may have to reduce the figure. Let him be quite frank about that and not get at the tree feller in a backhanded sort of way, which I think the monthly basis does.
The first thing I have to say is that I am not at all unsympathetic to any reasonable proposal, but this limit of 275 cubic feet has been operating under Defence Regulations for quite a considerable time. I can assure the noble Lord the Member for Horsham (Earl Winterton) that we have had very few complaints, if any. But that is not the complete answer to the Amendment moved by the hon. Baronet the Member for Richmond, Yorks (Sir T. Dugdale). Our objection to his proposal—and I am sure hon. Members opposite will take note of it—is that it will add to the difficulties of control and provide ample opportunities for abuse. We could never check that the quantity had not been exceeded until the end of the year, and that of course would be quite ineffective.
Even as the Bill stands without amendment, I cannot claim that our control will be 100 per cent. effective; but at least we have a reasonable opportunity of checking wholesale abuse, and that would be removed if the Amendment were accepted. I am ready to accept submissions that there may be practical difficulties in the future although, as far as we know, none has been experienced in the past under Defence Regulation, with the same cubic feet content as mentioned in the Bill.
There have been no problems or difficulties of which I am aware, but if hon. Members between now and another stage can show us where difficulties might arise, then, with the Forestry Commission officials, I shall be glad to look into the matter and see whether or not we can avoid those practical difficulties that have been mentioned here this afternoon. I certainly could not accept this Amendment or subsequent Amendments on the Order Paper which multiply the cubic content for estate purposes by 12. However, I shall be willing to look at any practical difficulties that may be brought to my notice between now and Friday, and if I can help the hon. Member I shall be the first to do so.
Can the Minister say why he could not accept the multiplication by 12?
I have already explained that it would provide ample opportunities for abuse. [An HON. MEMBER: "Why?"] I do not think I need go into any detailed explanation, but if the hon. Member will examine the problem for a few moments on his own I am sure he will soon see that if it were possible to fell the whole of 12 months' supply in the first month of the year—
Or the last month.
—or the last, we should have little or no control over such a person. We should never be able to catch up with him as we would be able to do if we proceeded on a month-to-month basis.
I have examined this question fairly faithfully in the light of the difficulties which hon. Members opposite have mentioned. It seems to me that every time one increases the period of a month to three months or six months or 12 months, the opportunities for abuse increase in the same ratio. But I repeat that I shall be glad to look at this matter between now and Friday.
When the Minister is considering this, will he also consider whether, even if 12 months is too much, he would agree to some other period? We should be very ready to meet him. We are quite certain that the Clause as it is drafted will clutter up the machinery of this Bill, and I feel sure that the more the Minister looks at it the more he will agree with that point of view.
I do not think the Minister's argument about the Defence Regulations is valid. Defence Regulations are known by everybody to be a temporary thing; we all know that the general public look upon Defence Regulations as something of a temporary nature passed by Parliament during the period of hostilities. Now that hostilities have ended, they feel they need not pay a great deal of attention to Defence Regulations. When we have on the Statute Book a new Measure passed through this House, and very largely an agreed Measure, containing figures of this nature I think it will be found that very many complaints will come from all parts of the country as far as this provision is concerned. I hope that before Friday the Minister will look again at this matter. In view of what he has said, however, I shall ask leave to withdraw the Amendment.
6.15 p.m.
The Minister bases the whole of his argument on the point that if this Amendment were agreed to there might be abuse. Looking at the matter from a practical point of view, not only do I think that there will not be much abuse but I should have thought it would be much easier to check one cutting in a year than to check a little bit of cutting during 12 months in the year. One or two big cuttings would be comparatively easy to check; this would involve only one or two visits. But if cutting is to be spread over every month of the year the amounts cut would vary and one might have 50 feet more cut in one month than the previous month.
If that is the only argument the Minister can put against this Amendment, it is far from a practical argument; I should say that our Amendment would do a great deal to check abuse because there would be only a few cuttings in the course of a year instead of many cuttings distributed over a year and, in the case of large estates, over a considerable area.
To give one illustration which I should like to have given before, we have in the West Country an alarming number of elm trees. Not long ago on an estate which I know quite well three or four fields in the middle of a farm were bought in with the original farm. They were all small fields. There had been a tremendous growth of elms and the pasture was deteriorating. We cut them down at one go. If we had had to cut so many a month the deterioration would have been perpetuated, whereas as we were able to cut them down all at once the result was somewhere between three and four acres of first-class pasture added to the farm. I could go on giving many illustrations of that kind from my own experience.
Under this Bill for ever and ever, unless it can be repealed, we shall have that kind of handicap in agriculture all over the country. In some cases one oak tree would take up nearly the whole monthly quota. I suggest the right hon. Gentleman might remember that he is Minister of Agriculture, and those of us who are appealing to him on this Amendment, which I regard as the most vital Amendment to the Clause, do so because we think it is the best way of helping forward forestry and, even more, agriculture.
When the Minister comes here and reads out a Departmental brief about abuse, I can only say that I am very sorry indeed that he has not considered the matter from the practical point of view of a farmer who knows that there is less liability to have abuse if there are one or two big cuttings than there would be with a lot of little cuttings. I should like to have divided on this Amendment, because I think it is the most vital from the agricultural point of view.
This Bill will be of considerable concern to a large number of people from the point of view of hedgerow timber. Hedgerow timber cannot be cut in an arable field between the months of March and September. Therefore, as hedgerow timber is a very important part of what we are discussing today, there is a strong argument in favour of limiting the months in which timber may be cut to the period between September and March.
I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
I beg to move, in page 3, line 1, to leave out subsection (3).
Subsection (1) of the Clause provides that no trees can be felled without a licence. Subsection (2) provides that no licence shall be necessary in certain classes, and it sets out the classes of which there are 10 or 11. Subsections (3) and (4) then provide that the provisions of subsections (1) and (2) shall be varied by regulation at the instance of the Commissioners; they can make regulations merely to vary them.
The right hon. Gentleman in every defence I have heard him make this afternoon has spoken about the necessity for keeping rigid control in the hands of the Commissioners. But the provisions of subsections (3) and (4) do not follow on the first part of the Clause and are illogical. If we provide in subsection (2) those classes of trees which will not need a licence, why cannot the whole lot of them be put in the Bill? Why do we need regulations? Why hand power to the Commissioners to vary the classifications by regulation? Why not put all the classifications into the Bill? The only reason why they have not been put into the Bill and why subsections (3) and (4) have been put into the Bill instead is to give the Commissioners the arbitrary powers in this Clause which have been given to them in Clause 1.
I think it would be convenient if we discussed at the same time the second Amendment in the name of the hon. and learned Member, in page 3, line 10, to leave out subsection (4).
I think it would be convenient. It is the same point in both cases, although the Amendments deal with different subsections. The only reason why these subsections are put into the Clause is to make sure that the Commissioners have arbitrary powers to control by regulation. If not, why put in subsection (2), giving exceptions? There is no reason why these two subsections should be in the Bill at all. If there are to be exceptions from subsection (1) they should be fully listed in subsection (2).
The proposal contained in the Amendment would make the procedure far too restricted, because what we have in contemplation is as follows. If the Bill becomes an Act of Parliament it will presumably stand for a considerable time, but the forestry position may vary. The amount of supplies may increase to such an extent as to enable one of two things to be done; either to add to the listed number of exceptions contained in subsection (2), or to enable the conditions laid down in subsection (2) to be varied to a certain extent. For instance, if the reserve grew sufficiently it might be possible to relax the figures given in, for instance, subsection (2, b ), so as to increase the maximum diameter from three inches to four inches.
If this Amendment were carried it would mean that each time we wished to make an exception of that nature we should have to bring an amending Bill before Parliament. We think that that is making far too heavy weather of the kind of Amendment which is contemplated. This is not a question of the Commissioners having arbitrary power at all, because any such order would be subject to the negative procedure, under subsection (3), and in the last resort, therefore, there would be Parliamentary control over any such Order.
Turning to subsection (4), the position is that the hon. and learned Gentleman is going in the opposite direction, because the effect of leaving out subsection (4) would be to remove the power given by regulations to reduce the size of the coppice or underwood which may be felled under subsection (2, b ) without a licence and to restrict or suspend the amount of licence-free felling provided by Clause 2 (2, i ). If, as it is possible to envisage, the provisions as to licence-free felling of a specified monthly amount is abused and, as a consequence, the position must be further considered, an amending Act of Parliament would be necessary if the hon. and learned Gentleman's Amendment were carried.
The regulations under subsection (4) must be laid before Parliament and are subject to the affirmative procedure. In the one case, therefore, where we are dealing with either the extension of the conditions under which no licence is required or with amending the diameter, or some other particular of that nature, we have the Parliamentary safeguard of the negative procedure; and under subsection (4) we have the additional safeguard of the affirmative procedure. For those reasons, I cannot accept the Amendment.
Amendment negatived.
Clause, as amended, ordered to stand part of the Bill.
Clause 3.—(FELLING LICENCES.)
I beg to move, in page 3, line 40, to leave out "the owner of," and to insert:
"any person having such an estate or interest in the land on which the trees are growing as enables him, with or without the consent of any other person, to fell."
This is really a consequential Amendment, consequential upon the new definition of "owner" to which I made reference in an earlier Amendment.
Amendment agreed to.
I beg to move, in page 4, line 7, at the end, to insert:
"or by the agricultural executive committee for the county."
I think, Sir Charles, that you have a manuscript Amendment to Clause 7, which unfortunately we could not get on to the Order Paper but which is consequential to this Amendment, dealing with the same point: in Clause 7, page 7, line 31, at end, to insert:
"or by the agricultural executive committee for the county."
It might be convenient if we could discuss them together.
That would be convenient.
The point of these two Amendments is to link up national forestry policy and national agricultural policy. My right hon. and hon. Friends and myself were very interested in the Amendment moved to Clause 1 by the hon. and learned Member for Carmarthen (Mr. Hopkin Morris), and we felt that in Clause 3 we should introduce an Amendment linking the Commissioners with the agricultural committees when decisions are taken as to whether or not a felling licence should be granted.
The first Amendment simply says that when considering whether a felling licence should or should not be granted, not only should the Commissioners seek the advice of the regional committee but should also take into account the advice tendered to them by the local agricultural committee concerned with that licence—that is, the county committee of the county in which the problem arises.
The manuscript Amendment to Clause 7 has a similar purpose. It provides that when issuing felling directions the Commissioners should, again, take into account the advice of the county agricultural executive committee. We felt that it would be of exceptional value here. For example, if a woodland owner wishes to fell certain trees so as to make the cultivation of his land easier for agriculture, the advice of the agricultural committee would be very valuable. In fact, in all cases of this nature we think we should link agriculture with forestry because, as I ventured to say on Second Reading, it is important for the country to realise that agriculture and forestry are complementary to each other and are not two entities working in opposite camps in the countryside.
I am sure there are many circumstances which the hon. and gallant Member for Richmond, Yorks (Sir T. Dugdale) and other hon. Members can visualise in which it would be highly desirable that the Forestry Commissioners should consult the county agricultural executive committee before issuing a felling licence or before granting licences with or without conditions attached. But there must also be many occasions upon which the Forestry Commissioners will consider an application for a felling licence without there being any agricultural interests involved at all, and it seems to me to be wrong to write into the statute an obligation that the Commissioners shall take into account any advice tendered to them by the county agricultural executive committee in all circumstances.
The agricultural executive committees are the agents of the Minister of Agriculture and the Secretary of State for Scotland, and it would be the desire of the Ministers concerned, who are also responsible to the House for the work of the Forestry Commissioners, that the Commissioners should not take decisions involving the incorporation of agricultural land—for instance, where new acreages are to be planted in the place of those felled—without the views of the executive committees about the use to which the land should be put, being taken into account. That can easily be secured without writing this provision into the statute.
6.30 p.m.
I think the Committee will agree that there are many circumstances in and occasions on which the Forestry Commissioners consider applications for felling licences in which the county agricultural executive committees are not interested at all. With the assurance that where there is an agricultural interest it would be the desire of the Ministers that the county agricultural executive committees should be free to make their representations to the Forestry Commissioners, and that it would be the desire of the Ministers that the Forestry Commissioners should take those views into account, I hope that the hon. and gallant Baronet will feel disposed to withdraw his Amendment.
I must say that I found the remarks of the hon. and gallant Baronet the Member for Richmond, Yorks (Sir T. Dugdale), much more convincing than the remarks of the Joint Under-Secretary of State for Scotland on this question. If the Joint Under-Secretary of State had given an assurance, not merely that the county agricultural executive committees would be able to make representations to the Forestry Commissioners, but that the Forestry Commissioners would invite the views of the county agricultural executive committees where agricultural interests were involved, I think his point would have been much stronger. At the present time there is nothing to prevent a county agricultural executive committee making representations, but there is no obligation upon the Forestry Commissioners to consult the agricultural executive committees in advance.
I strongly support this Amendment. It is very necessary indeed that the interests of forestry and agriculture should be considered by the county agricultural executive committees. After all, an application to fell trees in any area may have an important bearing on agriculture. For that reason I find the speech of the Joint Under-Secretary of State most unsatisfactory. I cannot understand why there is this constant reluctance to have consultations all the time with those who represent agriculture. I am sure that this Amendment would, in the long run, make for that harmony between the two interests that hon. Members in all parts of the Committee want.
I should like to support what my hon. and gallant Friend the Member for Richmond, Yorks (Sir T. Dugdale), said. The Joint Under-Secretary of State has given us an undertaking that, when any agricultural land is to be afforested, some consultation will take place between the county agricultural executive committee concerned and representatives of the Forestry Commission. I should like to ask why that cannot be put into the Bill. It would give more satisfaction in the long term if it could be.
I should like to support this Amendment. I am afraid I am not very enamoured of this assurance that county agricultural executive committees' representations will be considered. The reason why I say that is that I noticed that on Second Reading, with reference to the acquisition of land, the Minister told us that it was his practice to consult local authorities. We know from experience that that certainly is not so.
In one particular instance of a very large scheme, which involved in all 45 farms, neither the county council nor the rural district council, nor any of the parish councils concerned, were even informed of the existence of the scheme; and when one of the councils asked for details relating to the scheme it did not get even a reply to its letter. I mention that only to illustrate the importance of having this provision about consultation quite plainly in black and white in the Bill, so that it may have effective operation.
I would respectfully suggest that, if necessary, the Minister should write into the Amendment such a phrase as "where agricultural interests are involved the advice of the agricultural executive committee of the county shall also be sought." That would cover the point that the Joint Under-Secretary of State for Scotland has made, limiting these consultations so as to exclude them in cases where it could not conceivably be said that agricultural interests were involved. I would urge the Minister to consider again whether he could not accept the Amendment with a qualification on the lines I have suggested, namely, limiting the necessity to consult with the county agricultural executive committees, and the necessity for seeking their advice, to cases in which agricultural interests were involved.
I do not want to speak unnecessarily on this, but I tried to make the point just now that these committees are agents of the responsible Ministers. In the statute which set up the committees we proceeded in Section after Section to put upon the Ministers duties which it was never the intention of Parliament the Ministers would, through their officials in Whitehall, exercise at all, but duties which it was believed the Ministers would delegate to the county agricultural executive committees. That is what has happened.
If some other Minister than the Minister of Agriculture and the Secretary of State for Scotland had been the Minister answerable in the House for county agricultural executive committees, I have no doubt that the Amendment would have suggested that the views of that Minister should be taken into account. Here we are dealing with the Forestry Commission, which is sponsored in the House by the same Ministers as are responsible to the House for agriculture. Manifestly those Ministers would be failing in their responsibility as Ministers responsible for agriculture if they allowed the Forestry Commissioners to make use for forestry purposes of land which the Ministers themselves considered better put to agricultural use.
We have to consider this Amendment in the setting of the subsection. Where the Forestry Commissioners are considering an application for a licence and are minded to grant or withhold the licence, or to grant the licence under conditions, and where there is an agricultural interest involved, the Minister of Agriculture and the Secretary of State will expect their agents in the area responsible for agriculture to say to the Forestry Commissioners, "Here is what we think about this particular hillside. We think it ought not to be planted. We think it better that it should be left for sheep grazing or for cattle grazing." The Forestry Commissioners would be obliged to take those representations into account. If there were any dispute, I have not the slightest doubt that, at the end of the day, the Forestry Commis- sioners, rather than ride roughshod over the views of the Minister's agents, would come to the Minister, and that it would be he, at the end of the day, who would make the decision.
It is not desirable to go on writing into these statutes that the county agricultural executive committees shall be consulted, because it is the Minister who is responsible at the end of the day and not the county agricultural executive committees. In any case—and I think the hon. and gallant Member for Richmond, Yorks (Sir T. Dugdale), will agree with me when I say this—there are many applications for licences that do not affect the agricultural use of land at all, and cases in which it would be quite wrong to expect the Forestry Commissioners not to move until they had taken into account the views of the county agricultural executive committees. I hope that this Amendment will not be pressed.
There is really no reason why the hon. Gentleman should be so indignant. We know that it is the Minister who is responsible and that the Minister has agents. As a matter of experience we know that the Forestry Commission may consult the Land Commission or one of its deputies, or a member of the Agricultural Land Service. What we want to ensure is that the county agricultural executive committees are consulted. That is why we have put down this Amendment. There is a distinction, and I hope that the Joint Under-Secretary of State for Scotland will see that point, and, perhaps, be a little more accommodating on the Report stage.
Amendment negatived.
I beg to move, in page 4, line 45, to leave out "refused" and to insert "granted."
I hope that this Amendment will be regarded by the Lord Advocate as more or less in the nature of a drafting Amendment, because in subsection (7) we see that the obligation is put upon the Commissioners to state their reasons when they refuse to grant a licence. Under subsection (7) as it now stands the Commissioners can evade that obligation simply by delay, by refusing to answer an application for three months. Then, under subsection (6), that application is deemed to be refused, without any statement of reasons whatsoever, so that subsection (6) makes subsection (7) nonsense, and provides a way out for the Commissioners to avoid answering the awkward application when they know that their grounds for refusing the application are extremely weak.
I also put forward this further argument. It is fantastic, I suggest, that we should assume in a statute that the Forestry Commission are so incompetent and so inefficient as to be unable to answer an application for a felling licence within three months. That is what we are asked to assume by this subsection, and I for one do not like assenting to such an implied reflection upon the Forestry Commission. It is for that reason that I think the word "granted" must have been intended in line 45, and not "refused."
I hope the Lord Advocate will appreciate the force behind these arguments without it being necessary for me to add to their length. I trust that he will pay serious attention to this matter, because if subsection (6) is left as it is subsection (7) becomes a piece of wastepaper.
If the Minister cannot accept this Amendment, I hope that he will lengthen the period beyond three months. I agree, of course, that it seems quite fantastic to suppose that an answer cannot be obtained from the Forestry Commission in less than three months. If the Minister thinks it unreasonable to substitute a period of four, five or six months, then I hope that he will accept the word "granted" instead of "refused."
Earlier this afternoon the Minister resisted a number of Amendments on the ground that if they were accepted they would constitute a loop-hole for woodland owners to exploit, and that abuses might creep in. I put this argument on this Amendment, that unless such subsection (6) is redrafted and altered as we suggest in our Amendment, a considerable loop-hole will be left for almost inconceivable administrative incompetence on the part of the Forestry Commissioners—such inconceivable incompetence that I do not for a moment suggests exists.
It is most unreasonable to suggest that at the end of three months the Commissioners cannot make up their minds one way or the other whether to grant or refuse a licence to fell. In the event of a licence to fell being refused, it is only right that within a period they should at least write to the applicant and explain why. To leave it as it is now, whereby if no reply is received within three months the application is deemed to have been refused, seems to me to be quite incomprehensible. I beg the right hon. and learned Gentleman to look at this Amendment from a commonsense attitude point of view to see whether he can meet us.
6.45 p.m.
I wish for a moment to look at this from the point of view of the woodland owner who puts in an application to fell but hears nothing for, may be, six months. He knows at the end of three months, under the terms of the Clause, that he has not got his licence, but he may have to wait for six months or a year under subsection (7) before getting the reason for it. Is that not an impossible position for the woodland owner to be in?
Incidentally, is it not also a sidelight on the mentality of Government officials today, when a Government draftsman can solemnly put into a subsection such as this the provision that if an answer is not received within three months the application is assumed to be refused? I hope that the Lord Advocate will think again about this. He is not as bad as some of the English draftsmen, and I am sure he will do better.
I must resist the blandishments contained in the last sentence in the hon. and gallant Gentleman's speech. There is a point here that I think the Committee would wish to consider against the background of the repercussions of accepting one formula as against the other. We are not dealing here with the normal case, as I think hon. and right hon. Members opposite appreciate. We must consider also that there may be circumstances under which, in the exceptional case, a reply is not received within a certain period. Whether that period is three months or six months does not seem to me to matter for the purposes of this argument, because the period would require to be an arbitrary period one way or the other, as long as it was a reasonable period.
If we accept that three months is the reasonable period, what, then, must we consider? If effect were given to this Amendment, it would mean that if a reply were not received by the applicant within three months, albeit that an answer had been sent by the Commissioners but had gone astray in the post, or something of that kind, then automatically under the Amendment the application would be deemed to be granted. If it were deemed to be granted, there is no appeal against that decision, but it may very well be most inadvisable on the merits to grant that application, in the interests of silviculture.
In those circumstances, looking at the reverse formula what do we find? If the application were deemed to be refused, the applicant has the right under Clause 4 to appeal. Therefore, if he has a good case, he has the appeal procedure provided and the merits of the case can be considered, first of all by the committee set up under Clause 4, and eventually by the Minister.
There is the balance of convenience on one side and the other. Is it better to deem an application to be granted without any appeal whatsoever, albeit that the merits of the case would be entirely against the granting of that application, or should we accept the formula whereby there is the right of further appeal on the basis that the application is deemed to be refused?
The hon. and learned Member for Northants, South (Mr. Manningham-Buller) raised a technical point on the provisions of subsection (7), but I am sure he will agree that, if an appeal were taken under Clause 4, in so far as the provisions of subsection (6) of this Clause say that
One provision of the Act is that, where they refuse a licence they shall give the reasons for doing so; and by virtue of the last words of subsection (6), where it is deemed to be a refusal that duty will be incumbent upon them. I think that meets the technical objections. This is not something new. It is something that we have done before on, I think, a number of occasions, but the one occasion which lives in my mind is the Town and Country Planning Act. Exactly the same formula was accepted there and approved by the House.
Does the right hon. and learned Gentleman say "accepted."
Accepted by the House and it has become an Act of Parliament.
In these circumstances, we feel, not in any sense of controversy but from the point of view of getting the best practical formula, that it is better to adopt the procedure whereby one can eventually have the right of taking the matter further, as against the automatic granting of an application, the merits of which might be very much in dispute. I do not want to go into administrative or technical details, because I think that a question of this nature ought to be decided on broad general principles and not on a matter of administrative convenience one way or the other. For these reasons. I invite the Committee to reject the Amendment.
The right hon. and learned Gentleman's answer is unsatisfactory and unconvincing, and the most unconvincing part about it to me, speaking as a lawyer, is the right hon. and learned Gentleman's argument that once an application is to be deemed to be refused under subsection (6) then, under the wording of subsection (7), an obligation is cast upon the Commissioners to give their reasons in writing. I do not think that is so at all. I think that if the right hon. and learned Gentleman will take advice upon that point from others, he will find that they will agree with me upon it. At least, that is my belief. If his view is that where an application is to be deemed to be refused, it will be incumbent upon the Commissioners to state their reasons, then I would say that he must table an Amendment by Friday to subsection (7) to give effect to that, because subsection (7) does not do so at present.
The right hon. and learned Gentleman then posed the argument of whether it was better to have an application deemed to be refused or deemed to be granted. When one bears in mind that the majority of people who will be affected by this Measure will be people of small resources, I think that the light-hearted fashion in which he welcomed the idea that they should appeal when they get no answer from the Commissioners after the three months have expired was rather astonishing.
Let us see what it means. The right hon. and learned Gentleman is really saying that the Forestry Commission cannot deal with these applications within three months. If he is not saying that, then subsection (6) is not necessary. He is really saying that the Forestry Commission cannot answer within three months. If they can answer subsection (6) is unnecessary, so if he is not saying they cannot answer, the alternative must be that they deliberately refuse to answer for three months.
I do not believe that the Forestry Commission are so incompetent as the right hon. and learned Gentleman suggests. I see no reason why the subsection should be there at all. But if it is there, I do not think one can assume from the Commissioners' incompetence a refusal to grant the application but one must assume the contrary, that the Commissioners, if awake, would have granted the application. I do not see why this subsection is necessary at all if the Commission is up to its job.
Let us take the position put forward by the right hon. and learned Gentleman. Supposing the Commission is incompetent and delays in dealing with these matters and the three months run out on an application which if the Commission had been competent would have been granted, then a small man who may be affected has to go through all this machinery of appeal to get the matter put right. I say that this subsection is not necessary, and that the right hon. and learned Gentleman if he adheres to this subsection in its present form is condemning the Forestry Commission as an incompetent Department.
I would like to develop for one moment what the Lord Advocate has said. This is exactly the point which arose under Section 10 (3) of the Town and Country Planning Act, 1932, in which there was a provision that if an application to the interim development authority was not dealt with within two months, it should be deemed to be granted.
All I have to say is that in 1943, under the Coalition Government, that provision was reversed. The subsection in question was repealed and the corresponding provision in the 1943 Act is that if the application was not dealt with, it should be deemed to be refused. I do not see why what was right in that case and what appeared to the Coalition Government to be right should be wrong in this.
I do not see why the right hon. and learned Gentleman should take the view that the Forestry Commission are incapable of replying to an application for a felling licence within three months. That is, in fact, why subsection (6) is inserted. As I see it, it is this subsection which protects the Forestry Commission in the event of their not replying. May I put this argument to him as a layman because I feel a little diffident about intervening between the legal luminaries on either side of the Committee?
Surely on the well-accepted principle that a person is always innocent until he is proved to be guilty, it would be better to assume that an application for a felling licence is deemed to have been granted unless the applicant hears definitely that it has been refused. Surely as a layman to a lawyer, the right hon. and learned Gentleman can accept the force of that argument. I do not see why he need have subsection (6) to protect the Forestry Commission unless it is to argue that if they cannot answer the application within three months, the application is deemed to have been refused.
I think that the Amendment should be accepted if only to ensure that the applications are dealt with with reasonable promptitude by the Commission. It would provide an excellent safeguard in that respect. The Commission would then see to it that applications were dealt with within three months. As for the observations of the hon. and learned Member for Kettering (Mr. Mitchison), I would suggest that in the original Act in relation to town and country planning the provisions on this point were substantially the same as the Amendment, and it is significant that when it was amended, it was amended in relation to the conditions in war-time. There may be all sorts of reasons and excuses for Government Departments being behind in dealing with applications in war-time.
May I remind the hon. Gentleman that there have been subsequent Town and Country Planning Acts and that no one has sought to restore the rather remarkable provision of the 1932 Act?
I agree, but there has been no Town and Country Planning Act where that particular part of the machinery has been affected. The fact remains that the alteration was made in the middle of the war to deal with war-time conditions, and I would respectfully suggest that the example given by him is an argument rather in favour of the Amendment than to the contrary.
I rise again to meet some of the points made by the hon. and learned Member for Northants, South (Mr. Manningham-Buller). I would be the last to accuse him of deliberately misrepresenting my argument, and, accordingly, I must take it for granted that he did not listen to what I was saying. I thought that I made clear to the hon. and gallant Member for Richmond, Yorks (Sir T. Dugdale), that this subsection was designed not to meet the normal case but the exceptional case, and if that is accepted, it immediately answers the allegation of the hon. and learned Gentleman that the Forestry Commission are either lax or incompetent.
The whole burden of his argument was that I was making the point inferentially against the Forestry Commissioners, but nothing would be further from the truth. The whole basis of my argument is that while, in normal cases, it will not be necessary to invoke this provision, the circumstances might arise when there was not an answer within three months.
7.0 p.m.
It might be of interest to the Committee to know something of the history of the subsection. It was introduced by their Lordships in another place, and not at our instigation. They obviously felt, having given full consideration to this particular matter, that a safeguard of this nature should be incorporated. If it is the feeling of the Committee that their Lordships were wrong, and that we should not have this safeguard, I would rather do without subsection (6) than accept the Amendment, because the Amendment is one which might be detrimental to the interests of forestry.
If we were to dispense with the subsection, I think we could withdraw with honours even, but if we accepted the Amendment, we would do something inimical to the interests of forestry. If it is the view of the Committee that this subsection should not stand and that each application would then be determined on its merits and an answer given to it in an indefinite time, I am prepared to consider it between now and the next stage of the Bill. I certainly would not be prepared to accept the Amendment we are now considering.
Would the right hon. and learned Gentleman consider substituting two months for three months or even one month for three months? I saw what he was striving at for the major part of his argument, but I thought he slipped off a good argument on to a bad one when he started talking about the interests of forestry. We are all trying to get the best arrangement that will work easily, and if there were some shorter period here it might be a compromise which would be acceptable to both sides of the Committee.
Amendment negatived.
I beg to move, in page 5, line 3, at end, to add:
(8) A licence under this Act shall continue in force for such period (not being less than one year from the date on which it is granted) as may be specified in the licence.
Under the Bill an applicant can choose any time for using a licence, and this might have the effect of leaving trees standing for many years. It would also complicate the administration of this Clause of the Bill, and would impair the value of the record which would have to be kept by the Forestry Commission. What we seek to do in this Amendment is to prevent licences being used in that way, and ensure that the actual cutting under a licence, which has been granted, will be made during a period of one year after the expiration.
This means that there will be a period set out on the licence itself, and that that period shall not be less than one year, but it will give a date beyond which it will not be possible for the person to whom a licence has been granted to refrain from cutting down trees, and then cut them down long after the date before which we thought the cutting down ought to take place.
Amendment agreed to.
Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."
I want to comment on one thing in this Clause. It is primarily a stockpiling Clause with the idea of conserving timber in case of an emergency such as a war. I should like to emphasise that stockpiling of timber which is standing is not the only way of doing it, and that timber can be cut and stored. Further, the timber will be in an even better condition. I have known estates which never use timber for gates, fences, etc., that has not been stored for at least seven years. It saves a great deal of kiln drying if the wood is dried naturally. If licences will be given fairly generously at first, so that stocks of this kind may be accumulated, a good deal of hardship would be obviated in the time when, as everyone foresees, there will be a tightening up of licences and a good many woodland owners will be considerably embarrassed thereby.
I should like to support my hon. and gallant Friend the Member for East Grinstead (Colonel Clarke). I had some experience of the timber control during the war, and one of the difficulties was to get seasoned timber. It is perfectly true that the best way of acquiring reserves of timber is for that timber to be felled and sawn timber. I hope that the Minister and his hon. Friends will not lose sight of that.
There is one point which I should like to raise on subsection (7). According to the Lord Advocate's interpretation, an application which has not been dealt with within three months becomes a refusal by lapse of time. Then, in subsection (7), the Commissioners have to give grounds for their refusal. Assuming, for example, that an application is not dealt with within three months, the legal position is that it is then refused. Will the Commissioners solemnly give the explanation why it has been refused? I cannot see what grounds there can be other than it has been refused because it has not been dealt with within three months. I do not know whether there is another explanation of that, but perhaps the right hon. and learned Gentleman can tell us.
Question put, and agreed to.
Clause, as amended, ordered to stand part of the Bill.
Clause 4.—(REVIEW OF REFUSAL OR CONDITIONS OF LICENCE.)
I beg to move, in page 6, line 5, to leave out "fifth," and insert "third."
The purpose of this Amendment is to allow a revision after a felling licence has been turned down. There seems to be no real reason why one who has been turned down should have to wait for five years, and we suggest three instead. It also seems to be in line with the position under Section 8 of the Agricultural Holdings Act where, in the case of rent, further reconsideration can be given at the end of every third year.
The hon. Member for Salisbury (Mr. J. Morrison) recognises that a period would have to elapse before reconsideration takes place, and the only question is, what should that period be? Again, it may be rather an arbitrary matter, but this is a question on which we feel we do not wish to have any argument. Five may be right or three may be right, but we are prepared to accept the hon. Gentleman's Amendment.
I should like to thank the right hon. and learned Member for accepting my Amendment, which is one of his first real concessions.
Amendment agreed to.
Clause, as amended, ordered to stand part of the Bill.
Clauses 5 and 6 are privilege Clauses and underlined in the Bill, which indicates that they are not there.
On a point of order. As there are no Amendments on the Paper to leave out Clauses 5 and 6, can the Clauses not be put to the Committee?
By fiction, these Clauses are not in the Bill. The Minister has put down new Clauses to cover them.
These Clauses will be found on the Amendment Paper at page 1831, as new Clauses. They have to be moved into the Bill.
Clause 7.—(FELLING DIRECTIONS.)
I beg to move, in page 7, line 28, to leave out "therewith," and to insert "with a dwelling-house."
This Amendment has been put down because of a pledge given in another place and to remove any possible ambiguity about what the words mean. We think that the words will now have greater clarity and will ensure that in giving directions the Commissioners will have regard to whether the park in question is usually occupied with a dwelling-house.
I hope that the Parliamentary Secretary realises that what he is doing by the Amendment is to exclude any park which does not happen to have a dwelling-house in it. There are many parks of that kind in the country. They are considered as amenities and it is important that they should be in the Bill. Such parks were originally preserves for food. By the Amendment any park that does not happen to have a dwelling-house will no longer be "saved," as the lawyers say.
Take Windsor Great Park. The dwelling-house for that park is in the Home Park, which is separate. There are a number of instances like that throughout the country, and I hope this point will be looked into. I do not think that it is the intention of the Government to isolate these parks. In some cases the houses have been pulled down. Such parks will not be protected, although it is the intention of the Amendment that they shall be protected.
Amendment agreed to.
7.15 p.m.
Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."
I have one Scottish point to raise. The proviso to subsection (1) deals with the Commissioners having regard to the interests of agriculture
"and the amenity or convenience of any farm or dwelling-house or park usually occupied therewith."
In Scotland we do not use that word "park." We talk about "policy" or "policy ground." I should like the Lord Advocate or the Joint Under-Secretary to say whether they regard the words in the proviso as covering what is obviously meant, the policy or policy ground. I have a suggested Amendment in my hand which I could pass over to the Lord Advocate if he thought that the words in the Bill were insufficient and wished to move the Amendment.
Could I have some answer to the point which I raised on the Amendment, about parks that do not happen to have a dwelling-house? It is a serious point, but I have not even had an acknowledgment from the other side.
I would ask the Minister if he could reply to the questions which have been raised on the Clause. I am sure that it is not the desire of any of us on these benches to prolong the Committee stage of the Bill unduly, but if we do not get answers to our questions we may take rather a different attitude. I understand that information is being sought from a neighbouring bench and I am prepared to go on talking for another 30 seconds to enable the right hon. Gentleman to get the information. I thought that his hon. Friend behind him was telling him that such was the case. The moment seems to have arrived when I might sit down.
The moment arrived long since. The Amendment to which the Parliamentary Secretary has replied was a concession, made at the request of noble Lords in another place, to remove the word "therewith," which might be taken to be applicable to both the preceding words "farm" and "dwelling-house." By substituting "with a "dwelling-house" for that word it is now made clear that the kind of park to the amenity or convenience of which the Commissioners are to have regard when considering felling directions is the park usually occupied with a dwelling-house.
I am sorry. I have the greatest respect for the other place and for the noble Lords there, but sometimes I do not quite follow what they have done. I hope that this point will be looked into again.
Are we not to have some answer on the Scottish point which I raised? It is a very simple one.
I thought the point was so simple that it did not need an answer. Moreover, I thought that my right hon. Friend had already answered it. If the hon. and gallant Member has never heard the expression "park" in Scotland, he must differ from every other Scottish Member in this Committee. We are all familiar with the expression "park" in Scotland.
Question put, and agreed to.
Clause, as amended, ordered to stand part of the Bill.
Clause 8.—(OBLIGATION TO PURCHASE TREES OR LAND IN CERTAIN CASES.)
I beg to move, in page 8, line 17, at the beginning, to insert:
"if he has the right to sell the trees for immediate felling."
The Amendment, and the next one on the Paper, might well be taken together. As the Clause stands, if the person to whom felling directions are given claims that a net loss will be made if he complies with the directions, he has the option to require the Commissioners to buy the trees or the appropriate Minister to buy his interest in the land. The effect of the two Amendments, taken together, is that he will be able to require the Commissioners to buy his trees only when he has the right to sell them for immediate felling, but whether he has the right to sell or not he has still the right to require his interest in the land to be bought.
I am not sure that this is such an innocent Amendment as the Joint Under-Secretary invites us to believe. So far as I can see, where the Commission are required to purchase trees they can do so only if the circumstances are such that they can purchase the land as well. It might be extremely inconvenient to sell a small island of land in the middle of other woodlands, whereas it might be satisfactory to sell the standing timber, even if the person did not want to remove it, over the course of several successive years. I wonder if that point can be cleared up. I should not like to think that the benefits of the Clause were being whittled down.
We did not intend to do any whittling down. We thought that, if anything, we were making a concession, and we certainly thought we were simplifying the matter. I will give an example. If the trees are the subject of a lease under which the lessee has certain rights over them so that the lessor cannot sell them for felling, the person to whom the directions are given cannot require the Commissioners to buy the trees because they are not his, but he may require his interest in the land to be purchased. It is not the Commission but the Minister who will purchase his interest for the time being.
If, on the other hand, the person directed has the right to sell the trees, he may require either the trees or his interest in the land to be purchased. If he has the right to sell the trees, he may require one or the other. If he has not that right, he can only demand that his right to occupy the land shall be purchased.
Is it possible for the trees to be acquired without the land if the appropriate person so desires?
indicated assent.
Amendment agreed to.
Further Amendment made: In page 8, line 19, at beginning, insert "in any case."—[ Mr. T. Fraser. ]
I beg to move, in page 8, line 22, to leave out "shall," and to insert "may."
This Amendment and the two following Amendments are little more than drafting. If on receiving a notice under Clause 8 the Minister takes no action upon it within the prescribed period, subsection (8) provides a sanction inasmuch as the directions to fell cease to have effect. The use of the word "shall" in line 22 is inconsistent with the intentions of subsection (8), and in subsection (8) the use of the word "required" is again inconsistent with the purpose of the subsection; it is proposed therefore to substitute "authorise."
The second of the three Amendments is designed to make it clear that the notice will be deemed to include an offer to convey an easement, for example, for haulage purposes over the owner's adjoining land, so that it will not be necessary for the landowner to mention it expressly in the notice.
I am not certain that the Amendment is such an innocent one. Surely the word "shall" is better here than "may"? Does not the use of "may" mean that the Commissioners can ignore the notice altogether if they wish to? If the word "shall" remained the Commissioners would have to take due notice of the fact that compliance with a direction issued by the Commissioners would involve personal loss and would have to refer it to the appeals committee or revoke the direction. They would certainly have to take some definite action. If we insert the word "may" the Commissioners can sit back and do nothing. I accept the fact that, if nothing is done within the prescribed period, under subsection (8) a direction ceases to have effect, but is not that a bad way of doing it and would it not be much better still to have the word "shall"? I should like to know the Government's real reason for wanting to substitute "may" for "shall."
I agree with what has been said. This is not an innocent Amendment. It adds to the power of the Minister. As the Clause stood, the Minister had to accept notice which was duly served. Now he can do as he pleases and need not take any notice of it at all. It is not merely a change of a word in the Bill; it is a change in the Minister's own powers, and it is adverse to the person serving the notice. If we retain the word "shall" the Minister is compelled to take some action once he has received notice. The Committee ought not to enable him to reject the notice.
I put it to the Committee in all seriousness that "shall" in subsection (2) is inconsistent with the intention of subsection (8). Subsection (2) at present says:
"Where such a notice is given by any person the appropriate Minister shall within the prescribed period after receiving it …"
do certain things. Subsection (8) says:
"If within the prescribed period after receiving a notice or the report of a Committee under this section the appropriate Minister has not taken any such action as is required by subsection (2) …"
Therefore, subsection (8) envisages the possibility of the Minister not having taken action. It was the intention that the Minister would normally take action. If for any reason the Minister does not take any action, the private woodlands owner is protected under subsection (8) in that the directions to fell he was given in the first place cease to have effect. That seems to be a very proper thing. It is what was intended in the first place, and our intention is made much clearer by the Amendment.
But it is proposed to amend subsection (8). It is no good saying that inconsistency exists when the Government already propose to amend subsection (8).
We only propose to delete the word "required" and substitute for it the word "authorised."
Amendment agreed to.
Further Amendments made: In page 9, line 28, after "shall," insert "be deemed to."
In line 41, leave out "required," and insert "authorised."—[ Mr. T. Fraser. ]
I beg to move, in page 9, line 44, at the end, to add:
Over and over again an owner faced with heavy death duty liabilities has had no realisable assets to cash, other than his standing timber, to meet those liabilities. Although a large proportion of the timber may have been immature, he had no alternative but to fell it although he knew, and everybody knew, that it was contrary to the rules of good woodland management to do so; but it was Hobson's choice for him.
7.30 p.m.
On many estates trees have been planted and plantations have been looked after for the specific purpose of providing the heir with assets to meet Death Duty liabilities. It seems unfair that a plan of that kind should, under this Bill, go by default if a felling licence were to be refused. Nor do I think the Minister can claim that if this Amendment were accepted it would be contrary to the rules of good woodland management because, when the Forestry Commission have acquired the trees, there is no obligation of their part to fell the trees before they are matured.
After all, in Clause 10 an owner to whom a felling licence has been refused may under other circumstances ask that the Commissioners should acquire the trees so that he should not be obliged to stockpile at his own expense. This is merely the same principle in a slightly different form under slightly different circumstances in Clause 8. I hope, therefore, that the right hon. Gentleman will see his way to accept the Amendment in order to make it possible for a woodland owner to discharge his Death Duty liabilities and at the same time not to violate the rules of good woodland management.
I hope my hon. Friend the Member for Windsor (Mr. Mott-Radclyffe) will not think that I am disagreeing with this Amendment or with what he said if I say that to my mind an Amendment of this sort, but not necessarily this one, is necessary somewhere in the Bill. I believe it is advisable, when under this Bill the rights of property are being taken away from a number of individuals, that this Committee should recognise that there are considerations outside forestry. I should be prepared to support an Amendment—even if it were inconsistent with good forestry or, in this respect only, with the stockpiling of timber—if I thought that thereby we were removing a real hardship in the case of woodland owners who were denied the opportunity of realising an asset.
The right hon. Gentleman should appreciate that over the next few weeks, months and years men will die, men who own woods, men who are relying on the value of those woods to pay Death Duties, whose executors may well find it extremely hard to get the money elsewhere. I am not sure that this Amendment should be related only to Death Duties. It is quite possible under the powers given to the Forestry Commission by this Bill literally to drive a man into the bankruptcy court by refusing him the chance of realising an asset which would keep him out of the bankruptcy court.
I could go on piling up instances of real hardship which might arise under the terms of this Bill. The right hon. Gentleman and his colleagues on the Government Front Bench should realise that hardship will result unless we do something about it. If he cannot accept this Amendment, I urge the need of meeting this point by giving assistance to those estates which will be placed under difficulties unless a provision along these lines in included in the Bill.
This Amendment must be assessed against the background of the Bill. It proposes that if a person finds—whether on a subjective test or not, I am not sure—that it would cause exceptional hardship to him if he were not able to capitalise his assets in order to pay Death Duties, that he should call upon the Minister either to buy the land or on the Commissioners to buy the trees. Let us look at what that would involve. The Minister would then have to do one of three things. He must grant the licence to the applicant, or buy the land himself or cause the Commissioners to buy the trees, or he must refer the matter to the appeal committee set up under the Bill.
Let us examine the proposal in even greater detail. The expression "exceptional hardship" is used. That is a vague and elastic phrase. I can find nowhere in the Amendment the criterion by which this will be judged, nor the person by whom it will be judged. Will it be judged by the subjective test of the applicant, or by the Minister, or by the appeal committee? If the latter, then it would mean a detailed examination of the private financial affairs of the applicant to determine whether it was exceptional hardship which is a relative term.
I should imagine the hon. Gentleman, on reflection, would be rather slow to advocate that in those circumstances either the Minister or the appeal committee should make a detailed financial investigation into his private affairs. For that reason, because of its vagueness, because of its uncertainty and because, even if the principle were accepted, of the implications behind it, I do not think this Amendment will be acceptable to the Committee.
But let us look at one or two other features of it. If the Amendment were carried it might result in the Minister being left with scattered parcels of land over various parts of the country—
Suffolk?
It depends on the circumstances. It would not all be concentrated in the one spot. As far as I understand the Amendment, there is no location confined in it. It does not apply to the county of Suffolk but to all counties in England, Scotland and Wales. In those circumstances there may be areas where, by taking over an estate or part of it, the Minister would be left with an isolated pocket of land. I should have thought that simple geographical point would already have been in the mind of the hon. Gentleman.
With regard to the alternative—because, after all, we want to consider if there is a reasonable alternative open to this individual—there is the alternative already under the Bill. A person who found himself in this position could, if he so desired, dedicate the woodlands or manage them according to an approved plan.
The man is dead. He cannot dedicate his woods from Heaven.
It is possible for a person to plan ahead if he realises before he dies that his executors will have difficulty in meeting Estate Duty. In fact, I am credibly informed that some people, perhaps not for such a legitimate purpose, plan their death many years before it takes place. At least five years before it takes place is regarded as the datum line. So we cannot imagine that people in this position are not prepared to look ahead and dedicate.
I want to get this point clear. How would looking ahead and dedicating help the heir of the owner to realise Death Duty liabilities when that unfortunate event occurs?
Unfortunately, I was interrupted when I was about to continue the procedure. In those circumstances, if either of those procedures were adopted, licences would then be granted to fell all the trees which it was right to fell on the ground of forestry or, alternatively, the maintenance of essential reserves, unless, of course, the Minister had first given a certificate under Clause 10 (2) of the Bill, when they could require the Commissioners to buy the trees when a licence was refused. Owners who, in order to pay Death Duties or for any other reason, want to fell trees which it is not right to fell, should expect no such protection; otherwise they will drive a coach and pair right through the provisions of the Bill.
Therefore, we are left in the position that machinery is provided in the Bill for people who, in contemplation of difficulty in paying Death Duties, want to make provision for them to do so—
Through dedication?
Through dedication—or alternatively, if they do not want to do it through dedication, according to an approved plan. But it would be manifestly wrong to allow people to do that merely for the sake of getting money when, by permitting them to do so, we should be acting adversely to the interests of forestry or the maintenance of essential reserves.
In these circumstances, the Amendment is not well founded because the procedure envisaged by it is wrong and objectionable; and secondly, there are ways and means by which a person can meet the difficulties, if so advised, if he is prepared to take advantage of them.
Far be it from me to parry legal points from the Lord Advocate. Very probably, the points which I shall put and which are of a legal character are not well founded. They are very short points, and I hope that I can put them succinctly and clearly. The right hon. and learned Gentleman omitted to notice that in the case of agricultural land no option is left to the Exchequer but to accept that land in payment of Death Duties.
May I correct that? I am sure that the noble Lord would not like to pursue an argument on a false premise. It is not compulsory; it is purely optional.
At any rate, the position is that since this provision, which has been a valuable one, has been in operation, a great deal of agricultural land has, I think, been accepted in lieu of Death Duties. I should not have said that it was compulsory on the Minister. It is optional.
I suggest that mutatis mutandis there should be some such provision—I do not say that it could be incorporated exactly in the present Clause or Amendment—by which there should be not an absolute obligation, but a liability, upon the Forestry Commission to consider accepting this timber land in lieu of Death Duties. I do not think the matter should be connected with dedication or approved plans, because, although I am sure he was not aware of it when making his speech, the right hon. and learned Gentleman was in fact saying that the Clause is another means of compelling people to dedicate or to go in for approved plans. But to do justice to the Minister and the Forestry Commission, they have never said, "We are going to compel you to accept approved plans or dedication"; they have merely suggested it as a possibility. I think, however, that some provision should be made.
There was a weakness in the right hon. and learned Gentleman's argument. He said, perfectly fairly, that some owners of land, quite properly and legally, as they are entitled to do, avoid Death Duties by passing over their property to their sons. If the owner survives for a period of five years, Death Duties are not paid on the property so transferred. But what would happen if a man died on the day after he had handed over his property? The position would be exactly as my hon. Friend has described it. I suggest there is a case here for consideration, and that before the Report stage the Government should consider whether they could not to some extent meet it. I do not think that the arguments of the Lord Advocate were at all conclusive.
7.45 p.m.
I am sorry that the Lord Advocate was not a little more receptive to the arguments put forward by this side of the Committee. Speaking purely for myself, in reply to the right hon. and learned Gentleman's questions about the definition of hardship and who was to decide what degree of hardship existed, in a case where the applicant claimed exceptional hardship owing to the refusal of a licence to fell, I should not in the least mind the case being examined, in as much detail as the Lord Advocate likes, by the appeal tribunal.
I do not quite follow the argument of the right hon. and learned Gentleman about Clause 10. Unless I misunderstood the Second Reading debate, I did not realise that that Clause could be used to cover the Death Duties problem. I thought that it was only to be brought into operation, so to speak, to cover what was called a "national emergency."
If I understood the Lord Advocate aright, however, he has just told the Committee that where an owner found it impossible to realise any cash for his Death Duty liabilities except by the felling of timber, he could dedicate his woodlands and then invoke the operation of Clause 10, by which the Commissioners would under certain circumstances be obliged to acquire the trees and the land. If so, that is certainly a concession, but I did not understand hitherto that the Clause could be operated in that way. We want a little further enlightenment about this.
It is only fair to the Lord Advocate to say that when he was talking about acquiring isolated woodland pockets and we on this side laughed it was a joke he could not possibly have understood. I do not blame him for not knowing that his right hon. Friend the Minister of Agriculture has recently been trying very hard indeed—but, I am afraid, unsuccessfully—to acquire about the most isolated pocket of woodland ever seen on any map, and I am very glad to say that he was unsuccessful.
I regret that the Lord Advocate did not approach the question with a great deal more sympathy. I for one—and I think I speak for my hon. and right hon. Friends on this side of the Committee—am not wedded to the precise terms of the Amendment. The right hon. and learned Gentleman simply does not get away with it by saying that we have not drafted the Amendment properly, tearing it to shreds, and thinking that that is the end of the matter.
The Bill is going to bring a degree of hardship in a number of cases. Small owners cannot dedicate their woods. They may be so small that they cannot even work to a working plan. Whether the right hon. Gentleman and the Lord Advocate know it or not, they are going to hurt a number of people—they may be the sort of people they like hurting—and I am very sorry that they have showed that feeling in this debate.
I support my hon. and gallant Friend the Member for Barks-ton Ash (Colonel Ropner), for I am quite certain that hardship will be caused by the operation of Clause 10 through Death Duties. I will give an example. A man receives a licence to fell his timber, which he does. With some of the proceeds, he replants. With the remainder, he improves his farm buildings. He then dies. He pays very little Death Duties on the new plantation, and on the farm buildings only at the rate of 55 per cent, of the aggregate duty on the estate.
In the second case, the man fails to get the licence. He dies, and on the total value of the timber full duty at the aggregate rate on the whole value of the estate has to be paid at once or over the next seven years. That is a distinct hardship. I do not know that the Amendment would meet it, but something on the lines of what was suggested by my noble Friend the Member for Horsham (Earl Winterton), regarding forestry and land being taken in payment of Death Duties, might meet the position. Something should be devised to meet what, I am sure, will be a considerable hardship.
The basis of the point is this. Good forestry means that one grows every year as much timber as one can and one reaps a regular small annual crop. If one takes more, one is not obeying the rules of good forestry. With the present rate of Death Duties, once a generation or more there is levied on these woods a large demand. Therefore, there is a conflict. Even though one can prepare, to some extent, by undercutting for a period of years, one cannot meet the position entirely. The Minister must look at this again. Either Death Duties must be reduced or some provision must be made to enable people to meet them.
On the question of Death Duties, is not a considerable advantage obtained if one's capital is in forestry? Is it not a fact that Death Duties do not become payable until the forest is realised, and is the valuation not the one at the time of realisation but the one at the time of death? I am not clear in the exact details, but is there not a considerable advantage?
One does not want to weary the Committee with the rules about this duty. An attempt is made to meet the special interests of forestry which demand that a crop shall grow over several lives before it is reaped. But the rules do not meet this point entirely. When these rules were devised, probably the level of Death Duties on a typical estate was about 30 per cent, of what it is today.
I think that it can be proved many times by what has happened in the past, especially North of the Border, that it would never have been necessary to suggest an Amendment like this were it not for the fact that one has to have selected dates within which one must realise. It is true that there has been a great deal of what might be called unwilling felling at dates when the crop has not been at the right state of growth to make it either economic or in the best national interest.
This Amendment would do something to ensure that crops were not felled until the national interest had been best fulfilled. It is for that reason that this Amendment is of great importance.
Amendment negatived.
Clause, as amended, ordered to stand part of the Bill.
Clause 9 ordered to stand part of the Bill.
Clause 10.—(SPECIAL PROVISIONS FOR TREES SUBJECT TO FORESTRY DEDICATION COVENANTS, ETC.)
I beg to move, in page 10, line 31, to leave out:
"for the purposes of this section."
I should like the right hon. Gentleman to explain the object of these words. Do they mean that every dedication or working plan has to be endorsed with a special provision before it can be deemed to come under this Clause? Do they mean that plans already agreed or approved will have to be amended? If not, will he tell us what they mean?
The intention of this Clause is to give protection in respect of fellings under a dedication covenant or some other working plan. The effect of the Amendment would be to give the protection of Clause 10 to fellings in accordance with a working plan which may be approved by the Commissioners for any other purpose. Approval of a working plan will confer an extremely valuable right on the owner, and for this reason it is desirable that the approval should be formal and should be specifically related in terms to the purposes for which it is given.
If this Amendment were accepted, any approval of a plan, whatever the purpose for which it was given, would give the owner all the benefits of Clause 10. For that reason, we resist the Amendment.
Surely, it is not proposed to have different sorts of approved plans? Surely, within the forestry laws and for private woodlands, it will be possible to devise one sort of approval which will cover such privileges as there may be? Either there should be approval or disapproval.
I agree. But, as the hon. Gentleman knows, there are different plans, and this is a specific one for this purpose.
We want to be more certain on this matter. Do we now understand that there is one dedication plan for woods subject to a dedication covenant, and another sort of plan for woods which are not suitable for dedication but which are managed according to a plan approved by the Commissioners? That is what I understood from the statement by the Parliamentary Secretary. We want to be clear what we are talking about. Perhaps we are talking at cross purposes. How many sorts of plans will there be? Does each plan confer different protection and different penalties?
The hon. Member must know that the answer to his question is in the negative. There are only two sets of plans—dedication or an approved plan.
This is an important point. The Minister knows perfectly well that there are large acreages of woodland which are not suitable for dedication. We have had this argument before in forestry debates. Hitherto, the argument has been that, where there are small woods not suitable for dedication, they could be managed according to an approved plan. I thought that the Minister accepted that.
If they were managed according to an approved plan we should get an improved standard of woodland management in the small woodland areas. Does the Minister say now that woods not subject to a dedication, because they are too small, but managed according to an approved plan, will have different benefits from those woods which are subject to a dedication scheme?
Subsection (2) of this Clause says:
Where an application is made for a licence authorising the felling of trees in accordance with a plan of operations or other working plan approved by the Commissioners under such a covenant or otherwise approved by them in writing for the purposes of this section.
Then it refers to the benefits which this Clause may provide.
In view of the partially satisfactory explanation, and so that we can make progress, I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Amendment made: In page 10, line 40, leave out from "may," to "them," in line 42, and insert:
"by notice given to the Commissioners in the prescribed manner and within the prescribed period require."—[ Mr. T. Williams. ]
I beg to move, in page 11, line 7, at the end, to insert:
(4) An advance by way of loan may be made under section six of this Act in respect of any trees on land subject to a forestry dedication covenant, other than trees in respect of which a notice is served under subsection (2) of this section.
Strictly speaking, this is not an Amendment, but the insertion of a subsection which was left out deliberately when the Bill was in another place to avoid any question of Privilege.
Amendment agreed to.
Clause, as amended, ordered to stand part of the Bill.
Clause 11.—(ENFORCEMENT OF CONDITIONS AND DIRECTIONS.)
I beg to move, in page 11, line 22, after "notice," to insert:
8.0 p.m.
The Amendment gives effect to the simple definition under which, generally speaking, the freeholder is the holder of the land, and, as such, will be the person on whom an enforcement notice under this Clause, where it refers to a condition of the licence or felling directions, must be served. This is achieved by providing that, if the notice is in respect of the conditions of the licence, it is to be served on the owner of the land, and, if it is in respect of directions, it is to be served on the owner of the trees.
Amendment agreed to.
Further Amendment made: In page 11, line 22, after "land," insert:
( b ) in the case of works required to be carried out in accordance with such directions as aforesaid, to the owner of the trees.—[ Mr. T. Fraser. ]
I beg to move, in page 11, line 25, to leave out "giving of the notice," and to insert "notice has become operative."
Under the Clause it is possible that, where the owner requested a reference to a committee under subsection (2), the period specified in an enforcement notice as the period within which certain steps must be taken may expire before the committee make their report. In that event the owner would, strictly speaking, be in default after the expiration of that period, even though the committee's report recommended the cancellation of the directions.
These Amendments protect the owner in such circumstances, by providing that the period mentioned above shall be a period expiring after the notice has become operative, and that the notice shall be inoperative until the expiration of the period allowed for a reference to the committee, and, where the owner does, in fact, ask for a reference to the committee, until the conclusion of the proceedings on that reference.
Amendment agreed to.
Further Amendment made: In page 11, line 44, at end, insert:
(4) A notice under subsection (1) of this section shall be inoperative until the expiration of the period during which a request may be made under subsection (2) of this section, and where such a request is made until the conclusion of any proceedings under this section in pursuance of the request.—[ Mr. T. Fraser. ]
I beg to move, in page 12, line 3, to leave out from the beginning, to "any," and to insert:
It is important that the Commissioners, in paying over the net proceeds of the sale of trees felled by them in default of compliance by the owner with felling directions, should pay them to the right persons. These Amendments are designed to achieve that object by providing that the proceeds shall be paid to the person who, immediately before the felling, was the owner of the trees, on a claim made by him in the prescribed manner.
Amendment agreed to.
Further Amendment made: In page 12, line 4, after "removed," insert:
"pay to him a sum equal to the value of those trees."—[ Mr. T. Fraser. ]
I beg to move, in page 12, line 22, at the end, to insert:
(7) A person required by any directions or notice under this Act to carry out any works or take any steps may carry out those works or take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the directions or notice.
It may happen that a person to whom felling directions under Clause 7 are given, or upon whom an enforcement notice under Clause 11 is served, has entered into a lease, covenant or contract which gives him no right of entry on the land for doing the work required by the directions or by the notice. For example, where he has let the land without reserving a right of entry, under subsection (1) of this Clause, the Commissioners have the right themselves to take those steps which they judge should be taken pursuant to the enforcement notice, but it is desirable that, if the landowner is willing to take them, he should not be deterred by the terms of the tenancy agreement. Accordingly, these Amendments authorise him to take those steps, notwithstanding any such agreement.
I should like to say, after having listened with considerable attention to the reasons for this Amendment, that what appear to me to be very wide powers are given by it. It would seem to break through any lease or sublease, and I must say that it is difficult to envisage the kind of case which it is intended to cover. These provisions appear to be so wide as to be rather dangerous, and I do not know whether, between now and the Report stage, the right hon. Gentleman would consider whether it would be possible to curtail these powers to some extent. Is it really necessary that these powers should break through tenancy agreements and customs of that kind? Perhaps the right hon. Gentleman could further consider the matter, and consider, in particular, whether it would be possible to curtail this Amendment slightly on the Report stage.
I am always willing and ready to look at a point of substance, but it seems to me that, under subsection (1), the Commissioners have the right themselves to take these steps.
That is rather a different thing.
The Commissioners themselves have the right to take such steps, and it seems only reasonable and right that the landowner, who is a very important person in this connection, who, quite properly, entered into a lease with the tenant reserving no right of entry for himself, should be able in these circumstances to enter upon the land in the fulfilment of what appears to be a duty.
Amendment agreed to.
Further Amendment made: In page 12, line 23, leave out subsection (7).—[ Mr. T. Fraser. ]
Clause, as amended, ordered to stand part of the Bill.
Clause 12.—(PENALTIES.)
Amendment made: In page 12, line 42, leave out from "eleven," to "shall," in line 44.—[ Mr. T. Fraser. ]
Clause, as amended, ordered to stand part of the Bill.
Clause 13.—(PROVISIONS AS TO TREE PRESERVATION ORDERS.)
I beg to move, in page 13, line 20, to leave out from "shall," to the second "the," in line 21, and to insert: "before deciding whether to grant or refuse the licence consult with."
My hon. Friends and I attach some importance to this Amendment. On Second Reading I pointed out, as did other hon. Members on this side, the anomalous position in which the freeholders of woodlands would be placed. If the Bill passes in its present form there will be two authorities concerned with tree preservation. Very briefly, what our Amendment seeks to do is to place the responsibility upon the Forestry Commission, who shall not act until after consultation with the appropriate local authority.
I do not want to repeat the arguments which I used on Second Reading, which were also used by my hon. Friends behind me, but, in the interests of good forestry, it is desirable to curtail the powers of the present local authorities who have placed upon them the right to make tree preservation orders. I hope the Government will accept this Amendment, which seems to be a perfectly reasonable one.
The Forestry Commission is being given very considerable powers in this Bill over the private owners, and I see no reason why they should not be given this power, which we seek to give them in this Amendment, over the local authorities. Quite obviously, if the ordinary local authority in a country like this, where good forestry is essential, is not the proper body to make decisions in connection with this Clause, the Forestry Commission is.
The effect of this Amendment would be that, where the local planning authority disagreed with the Forestry Commission's proposals to grant a licence, the Commission, instead of referring the matter to the Minister of Local Government and Planning for determination, must consult him before they themselves determine the matter. In general, I think the noble Lord would agree—
I used by mistake a word which I should not have used. When I spoke of the local authority, I meant the Minister.
A similar provision appeared in the Bill as originally drafted. Subsections (2) and (3) were inserted to meet criticisms on behalf of the planning authorities, and these were given effect to in another place. In general, I think the noble Lord would agree that in the interests of good forestry and of amenity, when there is any conflict there must obviously be consultation between the two Departments concerned before a decision is reached, and that is already the established practice.
The purpose of a tree preservation order is to ensure that the trees or woodlands concerned are protected in the interest of amenity, and the ultimate responsibility for their protection rests with the Minister of Local Government and Planning. The present Clause in our submission, accordingly rightly leaves to the Minister of Local Government and Planning the final decision on an application to fell trees which are the subject of a tree preservation order. But before making his decision, he has to have regard to the views of the Forestry Commission as well as to any representations made by the applicant and by the local planning authority.
The Amendment proposed by the noble Lord would enable the Forestry Commission, at least in theory, to disregard the views of those charged with the statutory duty of preserving and protecting amenities. Although that would be unlikely to happen in practice, there is a principle involved, and we submit accordingly that it is right that the Clause should make it clear that the ultimate decision, so far as amenity is concerned, rests with the Minister charged by Parliament with responsibility for these matters, and quite wrong for us in this Bill to remove that responsibility from the Minister primarily concerned.
I do not think we can accept every word which the Lord Advocate says on this Amendment. Surely, the correct distinction is this. We have tried to show in these four Amendments and another small Amendment which we have already discussed under Clause 2, that the Minister responsible for planning should be entirely responsible for tree preservation orders in built-up areas and that outside those areas the responsible authority should be the forestry authority. Since the last authority is being given power under this Bill to require that areas for which a licence to clear fell is given should be restricted—and surely the main interest of amenity is that wooded areas should remain wooded—there is no reason why the planning authority should retain partial or divided control over woodlands in this country. I hope the right hon. Gentleman will look at the matter again because no one, and least of all a Government of planners, can be proud of Clause 13 as it stands. It is difficult to understand in the way it is drafted and its provision for divided responsibility.
I must say that both sides are in an awkward position here because I understand that in the original Bill the Clause read very much like it would read were my Amendment accepted. I understood the Lord Advocate to say that the original Bill enshrined the Amendment which I have moved, and that it was then altered by a noble Lord, a member of the Opposition, in another place. As I say, both sides are placed in a difficult position. I attach great importance to this Amendment. I think it is one of the most im- portant in the Bill, and I am bound to confess that but for this delicate position in which both sides are placed, and the fact that the noble Lord, who has done very good work on behalf of the C.P.R.E.—
Did the noble Lord say C.P.?
Yes, I made a slip; I meant, of course, the Society for the Preservation of Rural England. As I was saying, but for that, I should be strongly inclined to divide the Committee. But in deference both to myself, and—being a person of most mild and lenient disposition—not wishing to place the Government in a most awkward position by making them vote against an Amendment which they themselves originally supported in the Bill in the first instance, I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
8.15 p.m.
I beg to move, in page 14, line 9, to leave out "and ( c )," and to insert:
(5) Where an application for a licence is referred by the Commissioners under subsection (2) or subsection (4) of this section, then.
Under the Clause as it stands, when the Commissioners refer an application to a local planning authority under subsection (4), then, by virtue of subsection (4, c ), any compensation accruing in consequence of a previous refusal is terminated as at the date of the reference. The reason is that the application so referred is henceforth under the jurisdiction of the planning authority and, if they refuse it, any future compensation will be determined under the provisions of the tree preservation order and will be payable by that authority.
Subsection (2) provides another instance of the reference of an application to a planning authority, in this case the Minister of Local Government and Planning, but the Clause as it stands does not include a provision similar to that in subsection (4, c ) terminating the accruing compensation. This Amendment removes that anomaly by providing for the termination of any compensation already accruing under the Bill whether the reference is made under subsection (2) or under subsection (4).
Amendment agreed to.
Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."
This Clause, which refers, of course, to the Town and Country Planning Act and to the provisions regarding tree preservation orders contained therein, seems to me to have an anomaly. By that Town and Country Planning Act dedicated woods were excluded, but I am strongly of the opinion that not only dedicated woods, but woods worked in accordance with the plan of operations approved by the Forestry Commission, whether dedicated or not, should become independent of the incidence of tree preservation orders. I cannot see why these orders should apply in the one case and not in the other.
I am fortified in that opinion and think it only reasonable because Clause 10 states that the Forestry Commission shall not withhold licences to fell from those whose woods are in accordance with the plan of operations as well as from those whose woods are dedicated. They put the two things on the same lines, and therefore I cannot see why if they are treated in exactly the same way in this Bill they should not be so treated under the Town and Country Planning Act.
I appreciate, of course, that we cannot here alter that Act, but I suggest that it is a matter for a very small Bill—one which, perhaps, might be brought in by a private Member—and which would, I hope, receive the full support of the right hon. Gentleman. I think it is a thing which ought to be put right, and I hope that the Minister will look into it and will perhaps give some assistance later on in trying to get this anomaly removed.
Question put, and agreed to.
Clause, as amended, ordered to stand part of the Bill.
Clauses 14 and 15 ordered to stand part of the Bill.
Clause 17.—(AMENDMENT OF COMPULSORY PURCHASE PROCEDURE.)
I beg to move, in page 16, line 2, to leave out from "assessed," to the end of line 7.
In considering this Amendment, I should like to remind the Committee of the background to this part of the Bill. Under the Forestry Act, 1945, it was not possible for the Forestry Commission to acquire compulsorily, if an objection was duly made, without the Minister causing a local inquiry to be held. In considering the changes this Bill proposes, that must be borne in mind. The objection raised by the Minister on Second Reading was that it was wrong to make it compulsory to hold an inquiry if the only objection was really to the amount of compensation, which is a proper matter for the tribunal to determine.
May I say, so that we can get rid of the ground which is not in dispute, that in my opinion it is obviously wrong that one should be forced to hold a local inquiry where the matter to which objection is taken is purely a question of the quantum or amount of compensation. Indeed, I suggest to the Committee that it is obviously a slip in the drafting of the 1945 Act that that should be so, because if one turns back to the Town and Country Planning Act, 1944, one finds that in paragraph 3 of the First Schedule, the Minister of Local Government and Planning has power to treat an objection as irrelevant if the objection is solely as to the amount of compensation.
But this Clause, as it now stands, does more than remedy that defect. It gives the Minister a new power, a power which I think is without precedent. At least I spent considerable time this last weekend looking through all the statutes back to 1945 to try to find a precedent for it. I may have missed one and I should be interested to hear if there is a precedent.
This new Clause gives power to the Minister to disregard an objection, not on the ground that it is a matter that can be dealt with by compensation, but an objection on other grounds if within a specified time there is no answer to the request for the grounds of the objection to be specified. If there is no answer by the objector to the request by the appropriate Minister to state the grounds of the objection in writing within the specified period, then the right hon. Gentleman can not only disregard the objection, but can avoid the necessity of holding a local inquiry and can make an order and that order will not be subject to the special Parliamentary procedure.
I suggest that is something which is quite new. Under the Town and Country Planning Act, 1944, and under the Acquisition of Land (Authorisation Procedure) Act, 1946, there was power for the Minister to require further information as to the grounds of objection. That is obviously reasonable, but it is quite a different thing to say that the Minister can disregard the objection, avoid the local inquiry and by-pass the special Parliamentary procedure if he does not get the answer to his request within a period of not less than 14 days.
Fourteen days is far too short a minimum period. There may be delay in the objector receiving the request for further information. The objector may be on holiday and then, of course, when he has received it, it may require a considerable period for consultation with his legal advisers for the formulation of grounds in proper form, and not only with legal advisers but perhaps with surveyors and experts in forestry and so forth. And having drafted the grounds, the matter has to get back to the Minister in a specified period which may be a fortnight. If it does not, then all the rights of the objector are overridden. No longer can he put forward his case at a local inquiry and no longer can he lodge a petition before the House under the special Parliamentary procedure.
Why is the right hon. Gentleman seeking to take this new power under this new Bill? As far as I can see, nothing was said by the Government about this part of the Clause on Second Reading. There was some discussion by the Government, in moving the Second Reading, about the earlier part regarding matters solely relating to compensation not having to go before a public inquiry, but nothing at all was said about this paragraph ( b ) of subsection (3). This is an innovation that is creeping in. I cannot see any precedent for it, and I have looked through a number of Acts. It gives the Minister yet more powers; and it is in this sort of way in this sort of Bill that we have these innovations made and when next they appear we are told there is a precedent for them.
To my mind this is a serious blemish on this Bill. It means that if the objector is one day late in furnishing the grounds of his objection, if he goes one day beyond the period specified by the Minister, then, as I have said, it is open to the right hon. Gentleman to refuse to hold a local inquiry and to deprive the objector of the benefits of the special Parliamentary procedure, and, of course, there is no appeal to the courts from the right hon. Gentleman's refusal.
I could have understood the hon. and learned Member for Northants South (Mr. Manningham-Buller) deprecating the shortness of the period of 14 days referred to in this Clause and suggesting that it might be 21 days or some other number of days; but to try to wax eloquent on this kind of thing as something deleterious and utterly uncalled for creeping into our legislation is really beyond me.
The effect of the Amendment would be to delete the provision that if an objector to a compulsory purchase order has not stated in writing the grounds of his objection within the period referred to of not less than 14 days, as the Minister might specify in a request for that information, the Minister need not hold that inquiry and may direct that the order need not come before Parliament. Clearly this is an entirely reasonable provision, and it is difficult to see why the hon. and learned Gentleman suggests deleting it. It an objector cannot bother to state the grounds of his objections within a reasonable time—there may be an argument about the reasonable time—but if an objector is unwilling to state the grounds of his objection within a reasonable time, then surely his objection cannot be very substantial.
8.30 p.m.
I cannot believe that the hon. and learned Gentleman really believes in his heart of hearts that this Amendment ought to be approved. Where objections are substantial it is in the interests of the objector, the Minister and the Government that the objections should be heard, that the Minister should be called upon to make a decision for which he would be responsible to Parliament, and that those objections should be heard and understood. If the objector is unwilling to put in writing the nature of those objections within a reasonable time, then surely his objections cannot be very substantial. For those reasons, I hope the Committee will not hesitate to reject this Amendment.
I gather from the right hon. Gentleman's reply that he himself feels that 14 days is not an adequate period.
I did not say anything of the kind.
The right hon. Gentleman may not have said so in so many words. I should like him to bear in mind that frequently notices are not served upon the proper persons. I do not know whether the right hon. Gentleman is familiar with the actual procedure and with what takes place, but take, for example, a provisional order for compulsory purchase. There have been instances recently where a provisional order has been made before the owner of the land has known anything at all about the proposals.
In some cases he has not been served with a notice, except a general notice. In other cases there have been notices served not upon the owners of the land but upon other people whom the Forestry Commissioners deem to be the owners of the land, without any inquiry at all. Do the 14 days begin to run against these people from that period? Would the period begin to run after the provisional order had been made? There ought to be an obligation upon the officials—first upon the Forestry Commission—to ascertain who are the right owners, to serve the notice upon those people and to let a reasonable time elapse before they are deprived of their rights of inquiry.
I agree with the right hon. Gentleman's comment that when a reasonable time has been allowed there is a duty upon the objector to lodge his objections. If none of them does this after a reasonable time, well and good, but a proper search should be made to ascertain who the owner is, and a reasonable opportunity should be given to him to make his objections. A period of 14 days is not a reasonable time.
The right hon. Gentleman suggested that I did not really believe in this Amendment. Let me assure him that I do. I asked him if he could produce a single precedent in any earlier legislation for this part of this Clause. I know there are similar Clauses but, so far as I can find, there is none containing a subsection of this character. The right hon. Gentleman was unable to cite a single precedent for this subsection.
rose —
The right hon. Gentleman has had his opportunity. I will give way in a moment. May I say—this is probably the point on which he wanted to interrupt me—that I agree with him that it is reasonable that the Minister should have power to ask for information to be furnished, and that power is contained in the earlier legislation. The Town and Country Planing Act and the Acquisition of Land (Authorisation Procedure) Act, 1946, give power to the Minister to ask for information as to the grounds of the objection. I do not object to that. It is quite reasonable that the right hon. Gentleman should have power to ask for that information.
But my objection is to this subsection containing something quite new; that is to say, if the objector for one reason or another does not comply with that request, he is deprived of all remedies and rights under this Bill. That is something quite new; that is an innovation. I suggest that it is something which is creeping in. Quite apart from the period of 14 days, which obviously is far too short, we must bear in mind that if we pass the Clause in its present form it will be argued in future that the Clause constitutes a precedent in these matters. I ask the right hon. Gentleman to have regard to the precedents set by other Socialist statutes. If he had regard to them, I do not think he would support this subsection.
The hon. and learned Member did not feel disposed to give way to me, but I do not mind that a bit. I think he knew what I was about to say but had not the courage to admit what I was about to say. He said that I could not give him any precedents. The hon. and learned Member knows that in all legislation of this kind the Minister has the right to deal with what is regarded as a frivolous objection. If a person has lodged an objection but is unwilling to state in writing within the prescribed period what is the basis of his objection, surely the Minister is entitled to regard that as a frivolous objection. There are not one or ten or hundreds, but literally thousands of frivolous objections which have been lodged and ignored because they were frivolous. That is the best sort of precedent I can provide.
rose —
I cannot give way. The hon. and learned Gentleman would not give way to me. He will know that the only case affected by this provision is where there is only one objector who does not think his objection worth putting on paper. Clearly, that is a case where the Minister is entitled to say that he is unjustified in holding a public inquiry if, within the proper time, the objector will not put in writing the basis of his objection.
The right hon. Gentleman has made it quite clear by what he said that there is no precedent whatever for this subsection. It is not modelled on any previous statute and the sooner it is removed from the Bill the better for the Bill.
It is not without interest that at the very time when there
is a serious conflict in Wales between the interests of agriculture and the interests of afforestation, the Minister should be taking steps in the Bill to increase the powers of the Forestry Commission and to reduce the methods open to objectors. If he intends that this power shall be applicable only where there is one objector who is afraid of putting his views in writing, why not say so in the Bill? In fact, this provision is of general application and it is introduced at a time when the conflict between agriculture and afforestation is being sharpened and heightened. At such a time I think it is wrong that these increased powers of acquisition should be given to the Minister or to the Forestry Commission.
Question put, "That the words proposed to be left out stand part of the Clause."
The Committee divided: Ayes. 229; Noes, 232.
Division No. 168.] AYES [8.40 p.m. Acland, Sir Richard de Freitas, Geoffrey Holmes, Horace (Hemsworth) Adams, Richard Deer, G. Houghton, D. Allen, Arthur (Bosworth) Delargy, H. J. Hoy, J. Anderson, Frank (Whitehaven) Diamond, J. Hubbard, T. Ayles, W. H. Dodds, N. N. Hudson, James (Ealing, N.) Bacon, Miss Alice Donnelly, D. Hughes, Emrys (S. Ayrshire) Baird, J. Driberg, T. E. N. Hughes, Hector (Aberdeen, N.) Balfour, A. Dye, S. Hynd, J. B. (Attercliffe) Barnes, Rt. Hon. A. J. Ede, Rt. Hon. J. C. Irvine, A. J. (Edge Hill) Bartley, P. Edwards, Rt. Hon. Ness (Caerphilly) Irving, W. J. (Wood Green) Benn, Wedgwood Evans, Albert (Islington, S.W.) Isaacs, Rt. Hon. G. A. Benson, G. Evans, Edward (Lowestoft) Janner, B. Beswick, F. Ewart, R. Jay, D. P. T. Bevan, Rt. Hon. A. (Ebbw Vale) Fernyhough, E. Jeger, George (Goole) Bing, G. H. C. Field, Capt. W. J. Jenkins, R. H. Blyton, W. R. Finch, H. J. Johnson, James (Rugby) Booth, A. Follick, M. Jones, David (Hartlepool) Bottomley, A. G. Foot, M. M. Jones, Frederick Elwyn (W. Ham, S.) Bowden, H. W. Fraser, Thomas (Hamilton) Jones, Jack (Rotherham) Bowles, F. G. (Nuneaton) Gaitskell, Rt. Hon. H. T. N Jones, William Elwyn (Conway) Braddock, Mrs. Elizabeth Ganley, Mrs. C. S. Keenan, W. Brook, Dryden (Halifax) Gibson, C. W. Key, Rt. Hon. C. W Brooks, T. J. (Normanton) Gilzean, A. King, Dr. H. M. Broughton, Dr. A. D. D. Glanville, James (Consett) Kinghorn, Sqn. Ldr. E Brown, Rt. Hon. George (Belper) Gooch, E. G. Kinley, J. Burton, Miss E. Greenwood, Anthony (Rossendale) Lang, Gordon Butler, Herbert (Hackney, S.) Greenwood, Rt. Hn. Arthur (Wakefield) Lee, Frederick (Newton) Callaghan, L. J. Grenfell, Rt. Hon. D. R. Lee, Miss Jennie (Cannock) Castle, Mrs. B. A. Grenfell, Rt. Hon. D. R. Lee, Miss Jennie (Cannock) Champion, A. J. Grey, C. F. Lever, Leslie (Ardwick) Chetwynd, G. R Griffiths, David (Rother Valley) Lewis, Arthur (West Ham, N.) Clunie, J. Griffiths, Rt. Hon. James (Llanelly) Lewis, John (Bolton, W.) Cocks, F. S. Griffiths, William (Exchange) Lindgren, G. S. Coldrick, W. Gunter, R. J. Lipton, Lt.-Col. M. Collick, P. Haire, John E. (Wycombe) Logan, D. G. Collindridge, F. Hale, Joseph (Rochdale) Longden, Fred (Small Heath) Cook, T. F. Hale, Leslie (Oldham, W.) MacColl, J. E. Cooper, Geoffrey (Middlesbrough, W.) Hall, Rt. Hon. Glenvil (Colne Valley) McGhee, H. G. Cooper, John (Deptford) Hall, John (Gateshead, W.) McInnes, J. Cove, W. G. Hannan, W. Mack, J. D. Craddock, George (Bradford, S.) Hardman, D. R. McKay, John (Wallsend) Crosland, C. A. R. Hardy, E. A. McLeavy, F. Cullen, Mrs. A. Hargreaves, A. MacMillan, Malcolm (Western Isles) Dalton, Rt. Hon. H. Hastings, S. MacPherson, Malcolm (Stirling) Darling, George (Hillsborough) Hayman, F. H. Mainwaring, W. H. Davies, A. Edward (Stoke, N.) Hobson, C. R Mallalieu, E. L. (Brigg) Davies, Ernest (Enfield, E.) Holman, P. Mallalieu, J. P. W. (Huddersfield, E.)
Mellish, R. J. Price, Joseph T. (Westhoughton) Tomney, F. Messer, F. Rankin, J. Turner-Samuels, M. Middleton, Mrs. L. Rees, Mrs. D. Ungoed-Thomas, Sir Lynn Mikardo, Ian Reeves, J. Vernon, W. F. Mitchison, G. R. Reid, Thomas (Swindon) Viant, S. P. Moeran, E. W. Reid, William (Camlachie) Wallace, H. W. Monslow, W. Robens, Rt. Hon. A. Webb, Rt. Hon. M. (Bradford, C.) Moody, A. S. Roberts, Goronwy (Caernarvonshire) Wells, Percy (Faversham) Morgan, Dr. H. B. W. Robinson, Kenneth (St. Pancras, N.) Wells, William (Walsall) Morley, R. Rogers, George (Kensington, N.) Wheatley, Rt. Hon. John (Edinb'gh, E.) Morris, Percy (Swansea, W.) Ross, William White, Mrs. Eirene (E. Flint) Morrison, Rt. Hon. H. (Lewisham, S.) Royle, C. White, Henry (Derbyshire, N. E.) Mort, D. L. Shackleton, E. A. A. Whiteley, Rt. Hon. W. Moyle, A. Shinwell, Rt. Hon. E. Wigg, G. E. C. Mulley, F. W. Silverman, Julius (Erdington) Wilcock, Group Captain C. A. B Murray. J. D. Simmons, C. J. Wilkins, W. A. Neal, Harold (Bo'sover) Slater, J. Willey, Frederick (Sunderland) Noel-Baker, Rt. Hon. P. J. Smith, Ellis (Stoke, S.) Willey, Octavius (Cleveland) O'Brien, T. Smith, Norman (Nottingham, S.) Williams, Rev. Llywelyn (Abertillery) Oldfield, W. H. Sorensen, R. W. Williams, Ronald (Wigan) Oliver, G. H. Stewart, Michael (Fulham, E.) Williams, Rt. Hon. Thomas (Don V'll'y) Orbach, M. Strachey, Rt. Hon. J. Williams, W. T. (Hammersmith, S.) Padley, W. E. Stross, Dr. Barnett Wilson, Rt. Hon. Harold (Huyton) Paling, Will T. (Dewsbury) Summerskill, Rt. Hon. Edith Winterbottom, Ian (Nottingham, C.) Pannell, T. C. Taylor, Bernard (Mansfield) Winterbottom, Richard (Brightside) Pargiter, G. A. Taylor, Robert (Morpeth) Woodburn, Rt. Hon. A. Parker, J. Thomas, David (Aberdare) Wyatt, W. L. Paton, J. Thomas, George (Cardiff) Yates, V. F. Peart, T. F. Thomas, Ivor Owen (Wrekin) Popplewell, E. Thorneycroft, Harry (Clayton) TELLERS FOR THE AYES: Porter, G Thurtle, Ernest Mr. Pearson and Mr. Sparks. NOES Aitken, W. T. Crowder, Capt. John (Finchley) Horsbrugh, Rt. Hon. Florence Alport, C. J. M. Crowder, Petre (Ruislip—Northwood) Howard, Gerald (Cambridgeshire) Amery, Julian (Preston, N.) Cundiff, F. W. Howard, Greville (St. Ives) Amory, Heathcoat (Tiverton) Cuthbert, W. N. Hudson, Sir Austin (Lewisham, N.) Arbuthnot, John Darling, Sir William (Edinburgh, S.) Hudson, Rt. Hon. Robert (Southport) Ashton, H. (Chelmsford) Davidson, Viscountess Hudson, W. R. A. (Hull, N.) Assheton, Rt. Hon. R. (Blackburn, W) Davies, Rt. Hn. Clement (Montgomery) Hulbert, Wing Cmdr. N. J. Baker, P. A. D. Davies, Nigel (Epping) Hurd, A. R. Baldock, Lt.-Cmdr. J. M. de Chair, Somerset Hutchinson, Geoffrey (Ilford, N.) Baldwin, A. E. De la Bère, R. Hutchison, Col. James (Glasgow) Banks, Col. C. Deedes, W. F. Hyde, Lt.-Col. H. M. Baxter, A. B. Digby, S. Wingfield Hylton-Foster, H. B. Bell, R. M. Dodds-Parker, A. D. Johnson, Howard (Kemptown) Bennett, William (Woodside) Donner, P. W. Jones, A. (Hall Green) Bevins, J. R. (Liverpool, Toxteth) Douglas-Hamilton, Lord Malcolm Kaberry, D. Birch, Nigel Drayson, G. B. Kerr, H. W. (Cambridge) Bishop, F. P. Drewe, C. Kingsmill, Lt.-Col. W. H Black, C W. Dugdale, Maj. Sir. T. (Richmond) Lambert, Hon. G. Boles, Lt.-Col. D. C. (Wells) Duncan, Capt. J. A. L. Lancaster, Col. C. G Boothby, R. J. G. Eccles, D. M. Langford-Holt, J. A. Bossom, A. C. Elliot, Rt. Hon. W. E. Law, Rt. Hon. R. K. Bowen, E. R. (Cardigan) Fisher, Nigel Leather, E. H. C. Bracken, Rt. Hon B. Fletcher, Walter (Bury) Legge-Bourke, Maj. E. A. H Braine, B. R. Fort, R. Lennox-Boyd, A. T. Braithwaite, Sir Albert (Harrow, W.) Foster, John Lindsay, Martin Bromley-Davenport, Lt.-Col. W. Fraser, Sir Ian (Morecambe & Lonsdale) Linstead, H. N. Brooke, Henry (Hampstead) Fyfe, Rt. Hon. Sir. David Maxwell Lloyd, Rt. Hon. G. (King's Norton) Browne, Jack (Govan) Gage, C. H. Lloyd, Selwyn (Wirral) Buchan-Hepburn, P. G. T Galbraith, T. G. D. (Hillhead) Lockwood, Lt.-Col. J. C. Bullock, Capt. M. Garner-Evans, E. H. (Denbigh) Low, A. R. W. Bullus, Wing Commander E. E. Gates, Maj. E. E. Lucas, Sir Jocelyn (Portsmouth, S.) Burden, F. A. Gridley, Sir Arnold Lucas, P. B. (Brentford) Butcher, H. W Grimston, Hon. John (St. Albans) Lucas-Tooth, Sir Hugh Butler, Rt. Hn. R. A. (S'ff'n W'ld'n) Grimston, Robert (Westbury) McAdden, S. J. Carr, Robert (Mitcham) Hare, Hon. J. H. (Woodbridge) McCorquodale, Rt. Hon. M. S. Carson, Hon. E. Harris, Frederic (Croydon, N.) Macdonald, A. J. F. (Roxburgh) Channon, H Harvey, Air Cdre. A. V. (Macclesfield) Macdonald, Sir Peter (I. of Wight) Clarke, Col. Ralph (East Grinstead) Harvie-Watt, Sir George McKie, J. H. (Galloway) Clarke, Brig. Terence (Portsmouth, W.) Hay, John Maclay, Hon. John Colegate, A. Head, Brig. A. H. Maclean, Fitzroy Conant, Maj R. J. E. Headlam, Lt.-Col. Rt. Hon. Sir. Cuthbert MacLeod, Iain (Enfield, W.) Cooper, Sqn. Ldr. Albert (Ilford, S.) Heald, Lionel Macmillan, Rt. Hon. Harold (Bromley) Cooper-Key, E. M. Hicks-Beach, Maj. W. W Maitland, Cmdr. J. W. Craddock, Beresford (Spelthorne) Higgs, J. M. C. Manningham-Buller, R. E. Cranborne, Viscount Hollis, M. C. Marlowe, A. A. H. Crookshank, Capt. Rt. Hon. H. F. C. Holmes, Sir Stanley (Harwich) Marples, A. E. Crosthwaite-Eyre, Col. O. E. Hopkinson, Henry Marshall, Douglas (Bodmin) Crouch, R. F. Hornsby-Smith, Miss P. Marshall, Sidney (Sutton) Maudling, R. Robertson, Sir David (Caithness) Thompson, Lt.-Cmdr. R. (Croydon, W.) Mellor, Sir John Robinson, Roland (Blackpool, S.) Thorp, Brig. R. A. F. Molson, A. H. E. Rodgers, John (Sevenoaks) Tilney, John Monckton, Sir Walter Roper, Sir Harold Turner, H. F. L. Morris, Hopkin (Carmarthen) Ropner, Col. L. Turton, R. H. Morrison, John (Salisbury) Russell, R. S. Tweedsmuir, Lady Morrison, Rt. Hon. W. S. (Cirencaster) Ryder, Capt. R. E. D. Vane, W. M. F. Mott-Radclyffe, C. E. Salter, Rt. Hon. Sir. Arthur Vaughan-Morgan, J. K. Nabarro, G. D. N. Sandys, Rt. Hon. D. Vosper, D. F. Noble, Comdr. A. H. P Savory, Prof. D. L. Wakefield, Edward (Derbyshire, W.) Nugent, G. R. H. Scott, Donald Wakefield, Sir Wavell (Marylebone) Nutting, Anthony Shepherd, William Walker-Smith, D. C. Oakshott, H. D. Smithers, Peter (Winchester) Ward, Hon. George (Worcester) Odey, G. W. Smyth, Brig. J. G (Norwood) Ward, Miss I. (Tynemouth) Orr, Capt. L. P. S. Soames, Capt. C. Waterhouse, Capt. Rt. Hon. C. Orr-Ewing, Charles Ian (Hendon, N.) Spearman, A. C. M. Watkinson, H. A. Orr-Ewing, Ian L. (Weston-super-Mare) Spence, H. R. (Aberdeenshire, W.) Wheatley, Maj. M. J. (Poole) Peake, Rt. Hon. O. Stanley, Capt. Hon. Richard (N. Fylde) White, Baker (Canterbury) Perkins, W. R. D. Stevens, G. P. Williams, Charles (Torquay) Peto, Brig. C. H. M. Steward, W. A. (Woolwich, W.) Williams, Gerald (Tonbridge) Pickthorn, K. W. M. Stewart, Henderson (Fife, E.) Williams, Sir Herbert (Croydon, E.) Pitman, I. J. Stoddart-Scott, Col. M. Wills, G. Powell, J. Enoch Strauss, Henry (Norwich, S.) Wilson, Geoffrey (Truro) Price, Henry (Lewisham, W.) Stuart, Rt. Hon. James (Moray) Winterton, Rt. Hon. Earl Prior-Palmer, Brig. O. Studholme, H. G. Wood, Hon. R. Profumo, J. D. Summers, G. S. York, C. Raikes, H. V. Sutcliffe, H. Rayner, Brig. R. Taylor, Charles (Eastbourne) TELLERS FOR THE NOES: Redmayne, M. Taylor, William (Bradford, N.) Brigadier Mackeson and Mr. Edward Heath. Remnant, Hon. P. Teeling, W. Roberts, Emrys (Merioneth) Thompson, Kenneth Pugh (Walton)
Major Milner, before we attempt to proceed further with this Bill, may I ask the Minister who is responsible for the business this evening whether, in view of the Government defeat, he intends to proceed with the Measure before the Committee this evening?
To put such a question in order, the correct procedure, if I may say so, is to move to report Progress.
We had a little consultation on this matter, and I am very glad to obey your injunction.
I beg to move, "That the Chairman do report Progress and ask leave to sit again."
This enables me to make a rather longer speech. I now wish to ask the Minister who is responsible for business this evening whether, in view of the Government defeat, sustained on one of the Measures which may be regarded in this Session as of major importance—[ Laughter. ] In view of the nature of the Government's legislative programme I think I am entitled to make that statement; it is a matter of major importance in the Government's legislative programme. I ask whether, having sustained a defeat in the course of that Measure, the Government intend to withdraw this Bill, and therefore to make no further progress with the Bill this evening. I think that we are entitled on this side of the Committee to ask whether that is the Government's inten- tion and whether we shall be met on that point by the Minister in charge of the proceedings this evening.
The Committee have come to a decision in the Division that has just taken place and my right hon. Friend will consider whether he can accept the decision of the Committee when we come to the next stage of the Bill—[HON. MEMBERS: "Oh."]—or whether he should ask the House to reverse the decision come to in Committee. I think that we may as well now proceed with the Measure.
As father of the House, I should like to ask the right hon. Gentleman—[ Laughter. ]—this is not a laughing matter, nor is this a small Bill. Hon. Members opposite seem to think that forestry is a joke; on the contrary, this is one of the major Bills of the Session. I feel that I am entitled to ask—and I do not care who objects on either side of the Committee—whether there is any precedent where the Government have been defeated on a most important provision on a major Bill—and no one can deny that this Bill is an important Bill; it occupied a very prominent place in the King's Speech—for what I can only describe as the extraordinary attitude taken by the Leader of the House. In every other instance I can remember when the Government have been defeated on an important Bill, a Motion to report Progress or a Motion, "That this House do now adjourn" has been accepted and the Government have announced next day what action they were going to take. I hope that we shall now go to a Division and compel the Chairman to report Progress.
Question put, and negatived.
I beg to move, in page 16, line 12, at the end, to insert:
(4) Where in accordance with Part II of the said First Schedule the appropriate Minister causes a local inquiry to be held an officer of the Commissioners or some other person authorised by them in that behalf shall appear at the inquiry, and shall be liable to be cross-examined by or on behalf of any person who has duly objected to the order.
This is a somewhat important Amendment designed to change the procedure of some local inquiries. I say "some local inquiries," for the procedure of these inquiries is not always the same. Indeed, where there is a proposal for the constitution of some water board under the Water Act, 1945, or the acquisition of land for the Services, the usual practice has always been for the applicant for the order to make out his case at the inquiry and to call witnesses. This is the practice where those seeking the order are not a Government Department. No doubt I shall be corrected if I am wrong about that. It is a good practice, because the case for the order can be examined and tested, and those objecting know precisely what case they have to meet.
But where a Minister or a Government body, such as the Forestry Commission, are seeking compulsorily to purchase, the practice is quite different. Then no witnesses are called in support of the application, and the inquiry enables the objectors to amplify the statement that they made in writing. That, no doubt, is very convenient for those who do not like to have their case shown up, but in my opinion that practice should cease, and this Amendment is designed to that end.
Since 1945 the Socialist Party can pride itself on acquiring vast powers of compulsory purchase. Very often the first thing a person whose lands are to be taken, whether it is land, a garden or a wood, knows about it is that he receives a notice for compulsory purchase. The least we can do is to ensure that there is in every instance an overwhelming case for that acquisition, and that is not done by the Minister hiding behind a cloak of silence.
I am sorry that the right hon. Gentleman, in the course of the Second Reading debate, revealed himself as most reluctant to call evidence before a local inquiry. He thought that it would make the inquiry too expensive. So it may be to take part in the special Parliamentary procedure, but we cannot do anything about those expenses in this Bill. We can, however, do something to improve the holding of the inquiries, and I hope that the right hon. Gentleman, on reflection, and having regard to what has happened this evening, will say that he will meet us by accepting this Amendment.
I hope that the right hon. Gentleman will give full consideration to this Amendment. It is an important Amendment, which concerns a good deal more than forestry. The whole of these inquiries are not limited to forestry. It is important to see what the position of the Minister is. A local inquiry is ordered because an objection is made. A person is appointed by the Minister to conduct it, and all that needs to be done is for the Minister to put in a statement explaining his position. The extraordinary thing about that statement is that it is not always properly prepared. The Minister is responsible for it. I wonder whether he knows what happens to the statements put in at these inquiries.
indicated assent.
9.0 p.m.
The Minister says he does. Here is the extraordinary situation which occurred at a recent inquiry. When the inquiry was first opened, a statement was put in which was the statutory statement of the Minister. When that inquiry was adjourned, a second statement was put in on behalf of the Minister. It was different from the first. It was not a statutory statement, but none the less it contained a phrase which stated that this was the essence of the scheme and of the Minister's case. If that was the essence of the Minister's case, it should have appeared in the obligatory statutory statement. It means that the first statement was not properly prepared or properly considered by the Department.
The Minister has the power to order that evidence should be tendered on his behalf. That would have been by far the most satisfactory thing to do from his point of view. He would have tendered the evidence, which would have been tested by the objectors. They were deprived of that opportunity. The Minister already knew the case for the objectors because they had put it in writing in full. All they could do in the absence of the Minister's case was to repeat in public what they had already lodged in writing. The object of the public inquiry is not merely that the Minister shall inform himself—which is the language of the statute. There would be no point in the Minister informing himself. He already has the information. The object of the public inquiry is to satisfy the public.
It may be that the whole of this is done properly. I do not know, and nobody knows. Nothing could be more fruitful of suspicion than this secret inquiry, as it is in great part. There is no reason why the Minister should not put his witnesses into the box. That would be to his advantage and in the interests of justice. It becomes all the more important now that this should be done. The mover of the Amendment pointed out that there is no appeal and no redress for the objectors. The objectors cannot go into the box unless there is a formal defect in the Order. It therefore becomes all the more important that justice should appear to be done in these inquiries.
I have discussed this matter with the Minister. The answer which the Minister has given every time is that there is no power for him to do what I ask. He has the power. I pointed out to him on the Second Reading of the Bill that the language of the judges is that it is "not essential" for him to put witnesses into the box, but he is not prevented from doing so. His is the choice. Let him put his witnesses into the box to satisfy public opinion where the inquiry is being held that his case is fair. He is depriving himself of the power to convince the public and the objector of the power to put his case fully before the Minister. It cannot be said that the inquiry in its present form is fair or just in any sense of the words.
For the Minister merely to rely on the words that he is "informing himself" is to rely upon something of which he is already in full possession. I hope that on this occasion he will consider this matter seriously and make provision that from now on witnesses for the Forestry Commission will be put into the box.
The hon. and learned Member for Carmarthen (Mr. Hopkin Morris) asks me to consider this Amendment seriously, sympathetically and favourably. I have already informed the hon. and learned Gentleman what my view is about the Amendment and these inquiries. He will perhaps be surprised to learn that I have not changed my mind. I want to tell the Committee why. I hope that the hon. and learned Gentleman, who has been in such close contact with a certain inquiry, will consider what I am now going to state as my case against that which he has just submitted.
The Minister of Agriculture has been made responsible by Parliament for an adequate forestry policy and for extending the area of efficient State forests in this country. The Bill is concerned with some administrative arrangements contributing to the carrying out of that policy. The policy itself has been approved by Parliament, and it is the Minister's job to carry it out. Parliament recognised that in carrying out that policy the Minister would find it necessary to purchase a good deal of land, and the Minister is responsible for seeing that enough land is acquired at the right time. This raises administrative questions which the Minister must decide and for which he alone is responsible to Parliament. In reaching these decisions the Minister cannot avoid objections from people whose land may come under consideration.
The object of a local inquiry to be held under the Forestry Acts is to make sure that before reaching any final decision the Minister is aware of the nature and strength of local objections. For that purpose it is important that at the inquiry the nature of the Minister's proposals should be clearly and fully stated—it is my desire that this should always be adequately done—and that the person conducting the inquiry should be expected to put to the Minister's representative, if need be, any questions necessary to elucidate the statement of the Minister's proposals. So far we have had only two inquiries and that procedure has been followed.
The hon. and learned Gentleman says that there is no appeal against the Minister's final decisions. He is obviously wrong, since the final appeal is Parliament. Only last week two hon. Members whose names are down to the Amendment sat on a Committee in this House which threw out a Bill dealing with land acquisition for afforestation. Therefore, Parliament was the final arbiter.
It is not the Minister's proposals that are under review at the inquiry but objections to the Minister's proposals, which, I repeat, should be clearly stated to all objectors. Having elicited and considered the objections to his proposals, the Minister, in carrying out the duty laid upon him by Parliament, must make his own decision and face up to his own responsibility in the proper place, which is Parliament.
The Amendment seeks to provide that the Minister should have a representative at the inquiry who would be liable to cross-examination. The intention can only be that the Minister's responsibility for the decisions necessary to carry out his general duty to Parliament should be subject to debate at a local inquiry.
That is not the object of a cross-examination in a case of this sort. In these cases there are experts on both sides. Experts on afforestation and agriculture can be called on the Government side and on the other side. The object of a cross-examination in such cases is not to discredit those on the other side but to see where the truth lies between two expert opinions.
Clearly if the hon. and learned Member had his way, and also those hon. Members who agree with him, it would not be the local objections which would be elucidated and dealt with, but the proposals of the Minister. That would be contrary to the procedure adopted by all Governments—[HON. MEMBERS: "No."] The hon. Member for Hertford (Mr. Walker-Smith) has been here long enough to know the procedure.
I have not only been here long enough to know the procedure, but I have probably taken part in more cases of compulsory acquisition of land—I say it with great respect—than anyone in this Committee.
indicated dissent.
It is no good the right hon. Gentleman shaking his head because it is so: in the vast majority of cases it is accepted that the onus lies on the acquiring authority, and it is the case of the acquiring authority which is being propounded and should be cross-examined.
I disagree with the hon. Member. The inquiry is held, not to justify the proposals of the Minister because the Minister is responsible to Parliament for his proposals, but to hear the weight and strength of local objections. Probably the hon. Member and myself will differ to the journey's end upon that, but that is my conception of the object of a local inquiry. Particularly must that be so since, if the Minister takes a decision which the objectors continue to object to, then the objectors can come to Parliament. Parliament is the final arbiter, and the Minister must stand up and accept responsibilty for his decision.
Now the intention can only be that the responsibility of the Minister for decisions necessary to carry out his general duty to Parliament should be subject to debate at a local inquiry. If this were done, the ability of the Minister to discharge his responsibility of prosecuting an adequate forestry policy would definitely be undermined. The Amendment can only mean that the nature of the local inquiry should be changed—changed from elucidating the hearing of objections to proposals to one of debating the action which a Minister should take. In other words, it is not Parliament that will debate the proposals of the Minister but a local inquiry which, as I understand it, is a complete change of the local inquiry procedure.
There could be no value in such a debate unless the result were taken as restricting the subsequent freedom of action of the Minister. If that happened, the ability of the Minister to carry out his responsibility to Parliament would certainly be impaired. For these reasons the Amendment must be resisted. I feel sure that the majority of Members, if they now understand the object of a local inquiry to be that of eliciting and formulating objections before the Minister makes his final decision, will agree that this provides the most useful and practical means of ensuring that certain interests are taken fully into account.
In any case, by applying the special Parliamentary procedure under Clause 17 (2), there are full and adequate means for questioning any decision which the Minister finally takes. I wish to emphasise that this procedure was not devised especially for this class of case. What the Bill does in this respect is to apply to the acquisition of land for forestry an up to date measure of challenging decisions of the Minister which is easier for the challengers than the previous procedure. This procedure is borrowed from the Statutory Orders (Special Procedure) Act, 1945, which presumably represents the quite recent collective wisdom of Parliament. It seems quite wrong, therefore, to hold up a useful forestry Bill on this general issue which arises only incidentally from it, and where there is obviously a lot to be said on both sides. I would not disagree with that.
Some hon. Members may call this a large, and some a small, Bill; some may call it an important, while others call it a less important, Forestry Bill. But I hope hon. Members will recognise that it would be grossly unfair to confuse this Bill with a wide general issue covering a wide range of Government Departments. For that reason, I hope that hon. Members will not press the matter to a Division, but if they do, I hope that the Committee will reject the Amendment.
9.15 p.m.
I do not think that the Committee is so simple that it will accept all the Minister's explanation and justification of the Clause as it at present stands. Put bluntly, the Minister's explanation was quite inhuman. If the partners in one of these acquisition cases were equal, and if their financial means were equal, perhaps there might have been some justification for taking the line which the right hon. Gentleman has taken. But the majority of persons who will be aggrieved by acquisition of this sort will be virtually owning one farm in parts of the country where the agricultural land is not of the best. Does the right hon. Gentleman really mean that persons in that position will be able to take full advantage of all the so-called safeguards that his new procedure purports to afford? Of course, they cannot. This is the most unequal and one-sided arrangement that could possibly be devised.
I recall not very long ago one of His Majesty's Ministers referring contemptuously to a local inquiry as an occasion where one could "blow off steam." I should have thought that unless the Minister is prepared to send someone to that inquiry to be cross-examined, the whole inquiry is reduced to shadow boxing. How on earth can the legal representatives of the objectors state their case in its best light if they cannot cross-examine some representative of the Minister?
In the Amendment, we are not asking the Minister to state every reason which lies behind his administrative decision—that would be wrong. We realise that he is in a difficult position. He is acting at one moment judicially, and the next moment he has to take administrative decisions. It would be wrong to expect him to state his case fully and to give to the inquiry all the reasons which have led him to his decision. On the other hand, he must bear in mind—I say this with great regret—that in the agricultural areas the name of the Forestry Commission is at present about as unpopular a name as is ever heard spoken. It ought not to be so. It is a great misfortune to forestry and equally a great misfortune to agriculture. One of the reasons the name is as unpopular as it has become is because the right hon. Gentleman has persisted, in Wales and in Suffolk—the two important instances—in exercising his great powers quite obviously to the detriment of a number of objectors.
Admittedly, little use has up to date been made of the compulsory purchase procedure, but it is abundantly clear from what the Minister has just said that if he is to carry out a programme at a certain set pace he is likely to have recourse to it more often. The right hon. Gentleman has spoken about a Bill which was thrown out by a Select Committee of the House last week. I believe it is the first time that that particular procedure has ever been invoked, and if this Bill becomes an Act it is likely to be the last; because the Parliamentary safeguards, so-called, under the new procedure differ substantially from those under the old procedure and an objector will have no chance, even if he can afford it, of being represented by Counsel before a Committee of the House unless he is first able to persuade one of the Members of the House on the Floor of the House to take up his case for him. I hope that if I am wrong—
The hon. Member is wrong.
—the right hon. Gentleman will tell me where I am wrong. Having sat on the Committee to which the right hon. Gentleman referred, I am seriously perturbed to think that any individual might be deprived of that ultimate and expensive, but none the less vital, safeguard.
I think it is right to refer to that Bill. The proposals of the right hon. Gentleman were to acquire certain land in Suffolk. The original suggestion was for the acquisition of several thousand acres, but, little by little, the amount was cut down and, after a public inquiry, it was cut still further. The Minister personally confirmed the compulsory acquisition of a smaller area than he had intended to purchase prior to the inquiry; but then, since in this instance the objector happened to be a man of means and also of determination, the right hon. Gentleman was compelled to proceed by Bill. In Committee upstairs a few days ago really the most remarkable things happened. Here for the first time we had a case—
Does the hon. Member propose to go through the procedure of that Committee? If so, I want to follow him on similar lines.
I am not responsible for the right hon. Gentleman. I do not propose to go through all the procedure of that Committee, because the proceedings took six hours and I do not wish to take up even as much as six minutes, unless the right hon. Gentleman interrupts. But for the first time by this procedure, the right hon. Gentleman was compelled to make his case in public. Hon. Gentlemen sitting behind him as well as hon. Members on this side of the Committee, will confirm that he had a very poor case.
I cannot see that hon. Members can have any great confidence in the exercise of these powers by the right hon. Gentleman if, as recently as last week, the first time he called them in aid he managed to make such a very poor case. Therefore, I sincerely hope that the very modest proposals in this Amendment will receive the support of this Committee, and that before this Bill leaves the House they will become part of the law.
This is a most important point. We should remember the story of Naboth's vineyard. No one who reads the Old Testament considers it a very satisfactory story. No one wants to put powers in the hands of the Minister and encourage him to repeat that story.
I consider the speech of the right hon. Gentleman in defence of his case very unsatisfactory indeed. He said, first, that this was a Forestry Bill, that the procedure for compulsory acquisition ranged over a very wide field, and, therefore, it was unreasonable to raise this matter as an issue under this Bill. But with the present Government that plea is constantly advanced. The liberties of the subject and the proprieties of these proceedings are constantly being encroached upon under precisely the same plea.
We had it in the last Parliament in the War Damaged Sites Act. We had it only a fortnight ago in the Mineral Workings Bill, when precisely the same point was put forward by the Minister of Local Government and Planning, who suggested that the encroachments which he was making upon the rights and liberties of the subject and upon the proprieties of the procedure of compulsory acquisition were limited to a narrow field and, therefore, were not worth the time of the House in discussing.
It may be that I owe the Committee an apology that on each occasion when this subject has been brought forward, I have felt it right to protest against it and to try to show how, bit by bit, the rights of the subject and the rights of the property owner are being encroached upon by the Amendments made in a succession of Acts of Parliament when each time the precedent of the last case is prayed in aid in order to reinforce the action taken by the Government when the next case comes along.
It is, of course, quite true, as has been pointed out, that a Minister has a dual capacity in regard to the compulsory acquisition of land. He has certain administrative duties, because the final duty is no doubt an administrative duty, but he also has certain judicial or quasi-judicial duties, which are to inform his mind correctly on the strength of the case for acquisition and the strength of the objections put forward against acquisition.
The right procedure is that, in so far as his judicial or quasi-judicial capacity is concerned, he should conscientiously try to operate that proceeding to allow the procedure of our law to follow its customary and proper course. Everyone knows, and I am sure the right hon. Gentleman must know by this time, that in our British system of law the test of cross-examination is the great probe of truth and is the particular aspect of British law on which we mainly rely in arriving at a correct balance and a fair and judicial decision.
It follows, therefore, that in all proceedings of a judicial or quasi-judicial nature in regard to the compulsory acquisition of land, it is entirely wrong for the Executive to seek to protect one point of view from cross-examination. It is entirely wrong for them to seek to take advantage of the position of a Department or Commission to give them a privileged position and to allow their evidence and their point of view to go unchallenged by cross-examination. That, I should have thought, was both an elementary and a fundamental proposition, and it is quite wrong that people should be deprived of their land without being given every proper chance to put their point of view. The putting of a point of view not only involves the calling of evidence and the submission of arguments, but involves the basic right to cross-examine the evidence put forward from the other side.
That being so, it is obviously the case, as I think my hon. and learned Friend suggested in the course of his admirable speech, that if cross-examination is shut out in the way in which the Minister obviously thinks it is right to be shut out, there will be an enduring sense of grievance cherished by those who are deprived of their land or property by what they consider to be an arbitrary procedure not based on the fundamentals of British justice.
I have sought to put the point as fairly as I can. I do not suggest that in every such case the Minister is acting in a judicial capacity, because I realise that he has an administrative duty to fulfil; but I do say that, where he is acting in a judicial or quasi-judicial capacity, he should face that fact and should not seek to diminish the traditional rights and liberties of the subject in judicial proceedings.
The Committee this evening has been faced with an extraordinary contrast—the contrast between the right hon. Gentleman when speaking with the knowledge and confidence of matters that he knows full well, and the way in which he speaks when reading out a brief which has been provided for him on a subject which is not within his ordinary daily affairs. We are told that we must not be lawyers, but we are lawyers in the House. We are legislators, which is even more important.
In this particular case, we have heard a statement from the Minister which is one over which all hon. Members should ponder. When he reads HANSARD, if he reads HANSARD, tomorrow, the Minister will see that he said that, when a public inquiry takes place, it is for the objectors to make their case, once the Minister has said that the land ought to be acquired. That is a statement which ought to be printed tomorrow morning in every journal in this country as having been stated by the Government and as having been said by the right hon. Gentleman without really understanding what he was reading out from the piece of paper in front of him.
9.30 p.m.
I have taken part in a certain number of inquiries, though not nearly as many as has my hon. Friend, and I have never before tonight heard it suggested that at an inquiry the Minister's word must be taken to be gospel unless the opponents disprove it. I say to this Committee without any hesitation that a question of constitutional importance of the highest significance has been raised this evening, though quite unwittingly, by the right hon. Gentleman. It occurred in a brief that he read out without, with the greatest respect, having really understood what he said, and it raises the point which I suggest must be considered by this Committee very carefully indeed. A great deal of contempt is sometimes poured upon lawyers, but I notice that they occur in even larger numbers on the Government side than on the Opposition side, and I hope we shall hear something from one or two of them on this subject this evening.
This is one of those occasions which occasionally arise in the House of Commons when suddenly an important constitutional question arises. Such a question has arisen now. This Amendment has raised it in the clearest possible way, and I hope the Committee will decide it in an appropriate manner.
The hon. and learned Member for Chertsey (Mr. Heald) said he hoped that the lawyers on this side would take part in this discussion. I do not know whether they will or not, and I do not care two hoots either way. I think the ordinary man ought to be heard as well. After all, this is a matter in which we have to try to see the issue quite clearly.
It is the duty of the Minister to see that our forces are adequate to our needs so far as the future is concerned. In the past, the land that has been of least value for agriculture is that which has been acquired for State forests. So far, so good. But we are now in a period of time when the growing of food is gaining in importance, and I think that in the course of the next few years we shall have to consider very carefully indeed before we take land for forestry which could be made of good value for the growing of food.
It is not only that we should carefully weigh this matter, and on those occasions when a local inquiry is being held not only should the Government be sure of their case, but the inquiry should be conducted in such a way that those local inhabitants who attend should be able to go away and feel that justice is being done. It is just as well in all these cases of compulsory purchase that locally, whether that covers a large area or not, the people should appreciate to the fullest extent what is being done.
Not long ago I took a little time off from my duties here in order to attend a local inquiry that was being held at Thetford so that I should be able to see how it was conducted and what impression was being made. I was handicapped in that respect in that I could not attend for the whole time. But quite clearly there was a feeling that those responsible for the Government case were in a privileged position. The people from nearby villages who attended that inquiry could go away with the feeling that the Government were not willing to put their representatives in the same position as that of other people who were at the inquiry.
I do not know what would have been the outcome of that inquiry if the procedure suggested in this Amendment had been followed. Clearly the inquiry would have gone on for a longer time, but what effect that would have had on the person responsible for the inquiry is, of course, anybody's guess. We must make it clear to the general public that the purpose for which land is acquired is in the national interest as a whole as well as in the interests of the Forestry Commission who are responsible for the area concerned. The Forestry Commission can get it into their heads that if they could only have a bigger area under their control than the certain-sized forest already in their possession they would manage that area more economically and efficiently; but in so doing they might overlook completely the fact that they were acquiring potentially good agricultural land.
In the area of which I speak, for instance, the Forestry Commission have acquired land in the past for £2, £3 or £4 an acre because it was not wanted for agricultural purposes. But since those days agricultural science and practice have advanced to such an extent that that land can now be worked and can produce crops to the value of £100 an acre in one year, which of course is far in excess of the value of the land as a forestry. I will not say that that can be done every year. It has been done for several years with a good crop of carrots, though other crops may not do so well.
It should be proved to the satisfaction of the public that the land it is proposed to acquire for afforestation is really needed; and the effect on the whole neighbourhood of taking it over for afforestation should be demonstrated clearly. That cannot be demonstrated if in their statement the Forestry Commission deal only with the specific piece of land they propose to acquire. The people in the neighbourhood are concerned with that point, and it seems to me that the effect of acquisition for afforestation on the whole neighbourhood cannot be brought out under the present procedure.
My right hon. Friend the Minister said it can be brought out in the local objections. I rather doubt that, but if it can be then what is the Minister's objection to its being brought out by his own representatives? Surely there should be no privileged side. Surely the Minister should be in a position to convince even those who come to object that, beyond the immediate interest concerned, it would be in the interest of the nation that the land should be acquired. I know nothing about Wales, but there are legal Members who no doubt do, and who are very eloquent on the subject.
We must not proceed in this country on the lines that the Forestry Commission are going to fight the agricultural interests to obtain land on which to grow more trees. We must see that these two great interests go hand in hand, side by side, in step in heart and in mind, because forestry can be a great help to the agricultural industry as a whole.
It would be a good thing if the Minister's representative were to say what he would do with the land and what trees he would grow on it. If that had been stated clearly 30 years ago it may well be that the horticultural industry in this country today would not be short of those vital softwoods with which to pack its produce. Trees such as the poplar planted 30 years ago could be felled and could be used in less than 30 years. But the country has proceeded along other lines. It is as well that forestry should serve the interests of horticulture and agriculture in that respect as to serve the mining industry or any other industry.
If the Minister will consider this matter very carefully and will not only be willing to make a statement but will also give those people who make objections a chance of getting a broader picture of the whole matter as to what the Forestry Commission is going to do and whether, when it acquires a certain piece of land, it also has in mind other lands in the neighbourhood, so that a larger plan is put before the local inquiry, then justice will not only be done—if it is justice that the land should be acquired—but it will be demonstrated to those who are interested in the local inquiry. We want a broader public interest in these matters.
Therefore, I ask the Minister not merely to say that this has been his line of action up till now, but to think over very carefully the inquiries which have been held and the arguments which have been put forward so that we can get a better spirit between forestry and agriculture.
We have heard a very powerful plea from the hon. Member for Norfolk, South-West (Mr. Dye) in support of this Amendment, and I commend it to the right hon. Gentleman's attention. He has heard the same plea uttered by Members of each party—Members who have experience of what goes on at local inquiries. I suggest that this matter is worthy of the Minister's most careful consideration and consultation with his colleagues when on an issue of this sort all those who have spoken, no matter from what bench, have agreed in the view they have put forward.
In one respect I sympathise with the right hon. Gentleman. He said, "Why should this come upon me in this small Bill? Why should this be raised here in a Bill dealing with forestry when it is a matter of general application?" The trouble is that we have to raise matters of this sort when the opportunity arises, and we must take the opportunity now of raising it with regard to inquiries held under this Bill. I suggest that the right hon. Gentleman's argument does not command much support.
9.45 p.m.
The real difference between all those who have spoken and the right hon. Gentleman seems to be this. As to the object of holding a local inquiry, he said it is just to inquire into the objections. As has been said, that is a most astonishing proposition—that once a Minister of this Government has decided upon something it is for the owner of the land, it is for the adjoining occupiers and it is for those who are interested in preserving amenities to convince the Minister that he is wrong.
I do not think that is the correct view at all. May I point out to the right hon. Gentleman that in all the inquiries held under the Water Act, where people are putting forward proposals for the constitution of a water board, witnesses are called in support of the proposal and, I think I am right in saying, in almost every case—
rose —
Let me complete my sentence. I will give way then. In almost every case where the acquiring authority is not a Government Department, or where the applicant for the order is not a Government Department, in almost every one of those instances the case is made out in the way we suggest with witnesses being called and being cross-examined. As I said in moving the Amendment, there is disparity in practice. Some inquiries take one form and some take another. What I suggest to the right hon. Gentleman is this—and he may be embarrassed in giving a decision on it now; I can quite understand that—that in the interest of fairness and justice it is right and advisable that witnesses for the proposal should be called and should be liable to cross-examination.
I do not know whether the hon. and learned Gentleman is aware of the action taken by the Minister of Local Government and Planning in implementing the National Parks and Access to the Countryside Act, where he is not required by law to call witnesses in the inquiries held. Both in the inquiry into the setting up of a National Park in Snowdon and in that for the Peak District, it was laid down by the Minister that although he was not required by law to call witnesses, nevertheless the officers of the National Parks Commission should be there to give evidence and that each objector in turn should have the right to cross-examine the witnesses from the National Parks Commission. That was as recently as a month ago.
I am grateful to the hon. Member for Cardigan (Mr. Bowen) and I commend the example of the Minister of Local Government and Planning to his right hon. Friend the Minister of Agriculture. I suggest to the right hon. Gentleman that if that procedure is followed at these inquiries—and I am saying this in all seriousness—it will do two things. First, when they have heard the witnesses for the Ministry give their evidence and have heard them cross-examined, then whatever the final conclusion of the Minister it is much more likely that the objectors will accept it as one which was impartially arrived at. That is a very important thing in connection with the acquisition of land for forestry or any other subject.
The other great advantage is one which perhaps the right hon. Gentleman has not considered. He talked about these inquiries undermining his policy. I am sure they would do nothing of the sort, in the form we suggest, but that they would make it quite certain, or as certain as human beings can make it, that he was adopting the right policy. That is the point. If his experts are there and are cross-examined as to the merits of the proposal, and if other experts are called, and if an impartial inspector is hearing the inquiry, I am sure that the right hon. Gentleman—
On the merits of the proposal?
Yes. I am sure that he will get a report which will be of assistance to him in determining policy. I am sure that that would happen and that the right hon. Gentleman—and I repeat this because I do not think he was listening—would get a report which was of assistance to him in determining his policy. Let me remind him that there is more than one precedent for that sort of inquiry and that sort of report under existing statutes.
We have discussed this at some length, and I am going to ask the right hon. Gentleman now to say that he will give serious consideration to this Amendment between now and the Report stage. This really is not a party point. It is a point which is supported by Members of all parties. It is one which would improve the holding of these inquiries, and would lead to a greater sense of justice and of equity. I hope that the right hon. Gentleman will be able to say, bearing in mind the examples set by the Minister of Local Government and Planning, that he will give most careful consideration to this matter.
I hope that this Amendment will not be withdrawn but will be pressed to a Division unless the Minister gives a definite assurance that he will consider this matter satisfactorily.
My hon. Friend the Member for Cardigan (Mr. Bowen) has given one illustration of the way in which the procedure contemplated by this Amendment is being supported by the Minister of Local Government and Planning. I will give the Committee another illustration.
The War Office is acquiring great tracts of land in Wales. I am no friend of the War Office, but I must say that in the case of local inquiries held when the War Office seeks to acquire land representatives of the War Office itself go to give evidence to justify the case—a senior officer with specialist advisers—and they are subject to cross-examination.
Even though the result of an inquiry may not be satisfactory to the objectors, at least the people most intimately concerned, the people whose land is being taken away, have the satisfaction of hearing the case for the other side and have the satisfaction of having their point of view put directly to the persons who are seeking to take the land. I can see no reason in the world why the Forestry Commission should be exempt from that procedure, which seems an obvious example of the rule that justice should not only be done but manifestly should appear to be done.
Let me add one further appeal to the Minister. The hon. Member for Hertford (Mr. Walker-Smith) said that the liberty of the subject is gradually being whittled away by various procedures. Perhaps the Minister may look at this Amendment more sympathetically if he will bear in mind that the existing procedure, by which the Forestry Commission procedure is governed, is that laid down by the Forestry Act, 1945, which was one of the last Acts of the Caretaker Government of 1945. I hope that the Minister will give an assurance that he will look into this matter, but if he does not I hope the matter will be pressed.
The Minister takes refuge in the fact that, according to him, he is following the precedents adopted by other Departments with regard to local inquiries, and, in particular, in regard to the acquisition of land. With every respect to the Minister and his advisers, that is not so. If I may illustrate what I have in mind by reference to my personal experience, I would point out that during the last few months I have been involved in some four or five inquiries concerning the compulsory acquisition of land.
In one instance, where a local authority requires land for housing, under the relevant Acts the local authority asking for that land is required to call witnesses and to justify its requirements. There is statutory provision making it obligatory upon it to call witnesses.
In the case of the War Office, although there is no statute governing local inquiries in its case, it has been laid down—in fact, by the Prime Minister himself—that in all cases where an inquiry is conducted relating to the compulsory acquisition of land for Service purposes by the War Office it shall call witnesses, and that those witnesses may be subjected to cross-examination.
The third example is one which has already been referred to, namely, the procedure laid down by the Minister of Local Government and Planning in connection with inquiries under the National Parks and Access to the Countryside Act. Under that Act, as under the Forestry Act, 1945, it is not obligatory on the Minister to call witnesses, but the Minister of Local Government and Planning has made it quite clear in the inquiries held to date that he considers it would be grossly unfair and highly undesirable if the National Parks Commission did not call witnesses and subject them to cross-examination by the objectors.
There is certainly nothing in the Forestry Act, or in any other Act relating to local inquiries connected with compulsory purchase orders, which states that the Minister is not allowed to call witnesses. In some instances the persons who wish to acquire the land are compelled to call witnesses; in other instances, whereas they are not compelled they have a perfect freedom to do so. The War Office and the Minister of Town and Country Planning always do so.
The only reason for this Amendment is because, in connection with the Towy Valley Scheme and the other inquiry, the Minister indicated quite clearly that he would stand strictly on his legal rights, and said, "I am not legally required to call evidence; therefore, I am not going to do so," despite the fact that his colleagues in other Government Depart- ments have indicated quite clearly that in those circumstances they regard it as essential that witnesses should be called.
In addition to that, time and time again the courts have indicated their attitude in this matter, that they regard the holding of inquiries where evidence is called by one side only as a complete farce. If the Minister wishes to have authority for that statement, he might refer to the observations of the present President of the Board of Trade before another place.
The evil in this instance arises from the wording of the 1945 Act, which refers to the holding of an inquiry "to hear objections." Because the phrase is "to hear objections," it is only the objectors who need be heard. Of course, the War Office could take advantage of that, as could the Minister of Local Government and Planning, but they have not chosen to do so. As far as I now, it is only the Minister of Agriculture who in recent months has thought fit to take advantage of that.
With regard to the inquiry itself, surely one of the objects of the inquiry—and the hon. Member for Norfolk, South-West (Mr. Dye), dealt very fairly with the object of the inquiry from the point of view of satisfying the public—is to ensure that the person holding the inquiry renders to the Minister a report which will be useful; that is to say, his report is meant to be of value and assistance to the Minister. I suggest that for the inspector, or whoever is holding the inquiry, to render to the Minister a report which will be of real value, he should certainly hear both sides.
If, as in the case of the Towy Valley Scheme, he has the experts opposed to the scheme making statements on the technical aspect of the problem, but no reply, no comment, no cross-examination and no questioning of the details provided by those experts, he is put in a most invidious position. He could not possibly advise the Minister as to the weight to be attached to those expert opinions.
He would be in a far better position if those expert opinions were challenged by the Minister, challenged by cross-examination by someone appearing for the Minister, and challenged by expert evidence called by the Minister himself.
The form of inquiry held in the other case left the people of the locality with the impression that the Minister was afraid to call his own experts to try to justify this scheme.
10.0 p.m.
It is argued: "Why should the Minister's proposal be debated in a local inquiry?" I do not know why they should not be. Is there anything unconstitutional in the proposals of a Government Department being considered and debated at the inquiry where experts are called on both sides? After all, the inquiry leads to a report which is confidential and made to the Minister, and no one knows whether he acts on it or contrary to it. I should have thought that if the report was to be of value, it should embody the weighing up and careful consideration of all aspects of the matter.
The farce of following the contrary procedure was illustrated quite clearly at the Towy Valley inquiry, which was attended by minor officials of the Forestry Commission. When they were asked for further information relating to the scheme, sometimes they gave a little information, but very frequently the reply was, "The Minister considers that information is irrelevant" and the matter closed there.
I will give one illustration. This was a scheme which eventually involved 45 farms. When asked whether any estimate had been made of the cost of the scheme, the reply was, "The Minister considers this information is irrelevant to the inquiry." In those circumstances, how could the public in that area have any faith or confidence that the inquiry had been held in a judicial manner; that there had been any honest and sincere attempt to assess the value and weight which should be attached to the inquiry?
I hope that the House will divide on this issue and that the hon. Member for Norfolk, South-West, after his very excellent speech, will find his way into the Lobby in support of the Amendment.
Before the right hon. Gentleman replies to the debate on this Amendment, which I hope he will do because he promised to clear up one or two points raised, will he consider it in the light of the fate of the compulsory acquisition order after the Thetford inquiry to which the hon. Member for Norfolk, South-West (Mr. Dye) referred? That would seem to me to be a very good test case.
Supposing the Forestry Commissioners had been obliged to prove their case in front of a public inquiry at Thetford and to answer questions under cross-examination by the objectors, I do not think that the Minister could possibly imagine that the compulsory acquisition order would ever have been proceeded with or that either the objectors or the Government, for that matter, would have had to go through the very expensive and long drawn out procedure of bringing in a provisional order confirmation Bill. Before the Minister replies, I think that he should regard the Amendment in the light of the fate of that compulsory purchase order, because it showed how necessary is the protection of this Amendment.
I thought that I ought not to reply to this debate because I felt certain that it would be impossible to dissuade or persuade hon. Members opposite—[HON. MEMBERS: "Try."]—to change their minds since their minds are fully made up. I have heard a good deal about agreed Bills. This is an all-party Measure until it suits Members of the Opposition to take a totally different line—then it becomes a non-agreed Bill.
I should like to say how kind, generous and understanding was the hon. and learned Member for Chertsey (Mr. Heald), particularly when he was referring to those briefs from somewhere that I read so carefully and did not understand. I should only like to say in reply that my one consolation is I do not think we shall ever hear him reading a brief from this Box.
I shall be able to do without it.
I do not know what the hard working solicitors do who prepare his cases for him, but I am quite sure that they must do a lot if he is ever successful.
The hon. and learned Member for Northants, South (Mr. Manningham-Buller) expressed some sympathy with me, because, as he quite properly argued, this was a general issue in which much may be said for and against. He also said that from personal experience he knew that there were inquiries and inquiries. They take a different form here and there. I have no disagreement with that at all, but I am perfectly certain that the stand I have taken on this Bill is strictly in accordance with the Forestry Act, 1945. That Act makes the position very clear. After a reference to publishing notices in local papers, the withdrawal of objections, and so on, it states:
I am not suggesting that the right hon. Gentleman has not fulfilled the terms of the statute. What I am trying to do is to get him to agree to its improvement.
I will come to that point. What the hon. and learned Gentleman and his Friends are asking for is a complete change in the form of the inquiry as envisaged in the 1945 Act. What the hon. Member for Windsor (Mr. Mott-Radclyffe) said, in effect, was "If we can prove our case at the local inquiry then all will be well." What the hon. Member was suggesting was that if he did not prove the case in the initial stages he must prove it at the local inquiry, which is a complete change from the sort of inquiry envisaged in the 1945 Act. No hon. Member will attempt to deny that.
If the right hon. Gentleman founds his case on the wording of a part of the 1945 Act, would he not agree that the wording of the First Schedule to the Acquisition of Land (Authorisation Procedure) Act, 1946, is very similar and that under that Act the inquiring authority, when hearing objections, consider it their duty to hear also the cross-examination of the representatives of the objectors?
The hon. Member knows better than I do that the 1946 Act was totally different from the 1945 Act, and the scheme of acquiring land under the 1946 procedure is infinitely more expeditious than the procedure under the 1945 Act. If the hon. Member quotes the 1946 Act for one purpose he must also quote it for another. Clause 17 is intended to apply the 1945 procedure, which is less expeditious than the 1946 procedure. I am referring to the Forestry Act 1945, since I happen to be acting upon it. That is the Act that I am administering.
I do not think that the right hon. Gentleman wants to cause any misunderstanding about this matter. Of course, it is clear that one Act envisages the special Parliamentary procedure and that the other does not. I am merely on the point relating to the public local inquiry, which refers in both cases to the hearing of objections. In so far as those are similar, the same procedure should be followed.
The hon. Gentleman knows that in the 1946 Act there is an alternative. We can either have an inquiry into the merits or an inquiry into the objections. I am only called upon in the 1945 Act to carry out the terms of Part II of the First Schedule, and that is, so far, exactly what we have done.
The hon. Member for Cardigan (Mr. Bowen) quoted the Ministry of Town and Country Planning, and so forth. What are the facts of that situation? The inquiry is presided over by the usual person selected by the Minister—
What is the Minister reading?
I am reading from Command Paper 7278—
I am prepared to accept from hon. Members that they feel that on the general issue a case may be made out for any Minister to allow representatives of his Department to be subjected to cross-examination. I am not prepared to argue that case at all, but so far as the Forestry Act is concerned I suggest that it is the only possible means at my disposal, that it is the fairest means, and that so long as we allow those who properly object to any Ministerial proposal to know exactly what the Ministerial proposals are and to have them clarified if necessary by a representative of the Ministry going into the witness box to be questioned by the inspector, that is just about as far as I can go.
I was astonished to hear my hon. Friend the Member for Norfolk, South-West (Mr. Dye), make the statement that down in Thetford where the inquiry was held the atmosphere looked as though everybody was against the Government. Did my hon. Friend ever remember an inquiry where there were local objections that were not against the Government?
Oh, yes.
There is nothing very special about that. We want to try to give objectors a clear picture. My hon. Friend ought to give us chapter and verse. If the Minister advertises in the local Press his proposals, as he must do by statute, the local objectors at least know what the Minister's proposals are. There is an opportunity at the inquiry for the Minister's representative to enter the witness box and be questioned by the inspector, further to elucidate the proposals of the Minister. I suggest to the Committee that that does happen, but it is clear that it does not satisfy hon. Gentlemen opposite.
10.15 p.m.
I do not think that anything that I or any of my hon. Friends could say would change the minds of Members opposite, since they have already made up their minds. The hon. and learned Gentleman said, "We know there is a general issue about this, but we must take our chances when they come along." It is clear that hon. Members opposite are taking their chance. I should not like to deny them their chance, and if they insist upon forcing this to a Division it is a free country and that is their privilege.
We have listened to a very interesting discussion on what the Committee will agree is a very serious point based very largely upon the interpretation of the administration of the law. As a layman and not a lawyer, I must join issue straight away with the Minister when he suggests that because right hon. and hon. Members on this side of the Committee do not agree with this Clause, we make it a party measure. If ever there was a debate which showed that it cut right across party issues, we have had it tonight.
We had a most remarkable speech from the hon. Member for Norfolk, South-West (Mr. Dye), who is not a lawyer and who speaks from personal observation of inquiries which have been based on this section of the law. We have had some remarkable speeches from hon. Gentlemen below the Gangway, who are frequently opposed to my right hon. and hon. Friends on many subjects. Yet, after a most detailed and technical debate, the Minister sees fit to accuse my hon.
Friends of making party capital out of the Clause.
Because I feel so strongly that this is an issue which must be resolved and cleared up and because it is non-party in character, I will take the unusual course of asking my hon. Friends not to divide the Committee, but to ask the Minister of Agriculture between now and Friday, when we take the Report stage of the Bill, to look at this provision and see if he can make some suggestions acceptable to the Committee for making the inquiries appear to be just in addition to their being just.
Question put, "That those words be there inserted."
The Committee divided: Ayes, 8: Noes, 226.
Division No. 169.] AYES [10.20 p.m. Davies, Rt. Hon. Clement (Montgomery) Morris, Hopkin (Carmarthen) TELLERS FOR THE AYES: Duncan, Capt. J. A. L. Orr-Ewing, Ian L. (Weston-super-Mare) Mr. Bowen and Garner-Evans, E. H. (Denbigh) Ropner, Col. L. Mr. Emrys Roberts. Macdonald, A. J. F. (Roxburgh) Ward, Miss I. (Tynemouth) NOES Acland, Sir Richard Dalton, Rt. Hon. H. Hardy, E. A Adams, Richard Darling, George (Hillsborough) Hargreaves, A Albu, A. H. Davies, A. Edward (Stoke, N.) Hastings, S. Allen, Arthur (Bosworth) Davies, Ernest (Enfield, E.) Hayman, F. H Anderson, Frank (Whitehaven) Davies, Stephen (Merthyr) Hobson, G. R Awbery, S. S. de Freitas, Geoffrey Holman, P Ayles, W. H. Deer, G. Holmes, Horace (Hemsworth) Bacon, Miss Alice Delargy, H. J Houghton, D. Baird, J. Diamond, J. Hoy, J. Balfour, A. Dodds, N. N. Hubbard, T. Barnes, Rt. Hon A. J. Donnelly, D. Hudson, James (Ealing, N.) Bartley, P. Driberg, T, E. N. Hughes, Emrys (S. Ayrshire) Benn, Wedgwood Ede, Rt. Hon. J. C Hughes, Hector (Aberdeen, N.) Benson, G. Edwards, Rt. Hon. Ness (Caerphilly) Hynd, J. B. (Attercliffe) Beswick, F. Evans, Albert (Islington, S. W.) Irvine, A. J. (Edge Hill) Bevan, Rt. Hon. A. (Ebbw Vale) Evans, Edward (Lowestoft) Irving, W. J. (Wood Green) Bing, G. H. C Ewart, R. Isaacs, Rt. Hon. G. A. Blyton, W. R. Fernyhough, E. Janner, B. Booth, A. Field, Capt. W. J Jay, D. P. T. Bottomley, A. G. Finch, H. J. Bowden, H. W. Follick, M. Jeger, George (Goole) Braddock, Mrs. Elizabeth Foot, M. M. Jenkins, R. H. Brook, Dryden (Halifax) Fraser, Thomas (Hamilton) Johnson, James (Rugby) Brooks, T. J. (Normanton) Gaitskell, Rt. Hon. H. T. N Jones, David (Hartlepool) Broughton, Dr. A. D. D. Ganley, Mrs. C. S. Jones, Frederick Elwyn (W. Ham, S.) Brown, Rt. Hon. George (Belper) Gibson, C. W Jones, Jack (Rotherham) Burton, Miss E. Gilzean, A. Jones, William Elwyn (Conway) Butler, Herbert (Hackney, S.) Glanville, James (Consett) Keenan, W. Callaghan, L. J. Gooch, E. G. Key, Rt. Hon. C. W. Castle, Mrs. B. A Greenwood, Anthony (Rossendale) King, Dr. H. M. Champion, A. J Greenwood, Rt. Hn. Arthur (Wakefteld) Kinghorn, Sqn. Ldr. E Chetwynd, G R Grenfell, Rt. Hon. D. R. Kinley, J. Clunie, J. Grey, C. F. Lang, Gordon Cocks, F. S. Griffiths, David (Rother Valley) Lee, Frederick (Newton) Coldrick, W. Griffiths, Rt. Hon. James (Llanelly) Lee, Miss Jennie (Cannock) Collick, P. Griffiths, William (Exchange) Lever, Harold (Cheetham) Collindridge, F Gunter, R. J. Lever, Leslie (Ardwick) Cook, T F. Haire, John E. (Wycombe) Lewis, Arthur (West Ham, N.) Cooper, Geoffrey (Middlesbrough, W.) Hale, Joseph (Rochdale) Lewis, John (Bolton, W.) Cooper, John (Deptford) Hale, Leslie (Oldham, W.) Lindgren, G. S. Cove, W. G. Hall, Rt. Hon. Glenvil (Colne Valley) Logan, D. G. Craddock, George (Bradford, S.) Hall, John (Gateshead, W.) Longden, Fred (Small Heath) Crosland, C. A. R. Hannan, W. MacColl, J. E. Cullen, Mrs. A. Hardman, D. R McGhee, H. G
Mclnnes, J. Paling, Will T. (Dewsbury) Thomas, Ivor Owen (Wrekin) Mack, J. D. Pannell, T. C. Thorneycroft, Harry (Clayton) McKay, John (Wallsend) Pargiter, G. A. Thurtle, Ernest McLeavy, F. Parker, J. Tomney, F. MacMillan, Malcolm (Western Isles) Paton, J. Ungoed-Thomas, Sir Lynn MacPherson, Malcolm (Stirling) Pearson, A Vernon, W. F. Mainwaring, W. H. Peart, T. F. Viant, S. P. Mallalieu, E. L. (Brigg) Porter, G. Wallace, H. W. Mallalieu, J. P. W. (Huddersfield, E.) Price, Joseph T. (Westhoughton) Webb, Rt. Hon. M. (Bradford, C.) Mellish, R. J. Rankin, J. Wells, Percy (Faversham) Messer, F. Rees, Mrs. D. Wells, William (Walsall) Middleton, Mrs. L Reeves, J. Wheatley, Rt. Hon. John (Edinb'gh, E.) Mikardo, Ian Reid, Thomas (Swindon) White, Mrs. Eirene (E. Flint) Mitchison, G. R. Reid, William (Camlachie) White, Henry (Derbyshire, N.E.) Moeran, E. W Robens, Rt. Hon. A. Whiteley, Rt. Hon. W Monslow, W. Roberts, Goronwy (Caernarvonshire) Wigg, G. E. C. Moody, A. S. Robinson, Kenneth (St. Pancras, N.) Wilcock, Group Capt C. A. B Morgan, Dr. H. B. W Rogers, George (Kensington, N.) Willey, Frederick (Sunderland) Morley, R. Ross, William Willey, Octavius (Cleveland) Morris, Percy (Swansea, W.) Royle, C. Williams, Rev. Llywelyn (Abertillery) Morrison, Rt. Hon H. (Lewisham, S.) Shackleton, E. A. A. Williams, Ronald (Wigan) Mort, D. L Silverman, Julius (Erdington) Williams, Rt. Hon. Thomas (Don V'll'y) Moyle, A. Simmons, C. J. Williams, W. T. (Hammersmith, S.) Mulley, F. W. Slater, J. Wilson, Rt. Hon. Harold (Huyton) Murray, J. D Smith, Ellis (Stoke, S.) Winterbottom, Ian (Nottingham, C.) Nally, W. Smith, Norman (Nottingham, S.) Winterbottom, Richard (Brightside) Neal, Harold (Bolsover) Sorensen, R. W. Woodburn, Rt. Hon A Noel-Baker, Rt. Hon. P. J. Stewart, Michael (Fulham, E.) Wyatt, W. L. O'Brien, T. Stross, Dr. Barnett Yates, V. F. Oldfield, W. H Taylor, Bernard (Mansfield) Oliver, G. H Taylor, Robert (Morpeth) Orbach, M. Thomas, David (Aberdare) TELLERS FOR THE NOES: Padley, W. E. Thomas, George (Cardiff) Mr. Popplewell and Mr. Sparks.
Clause, as amended, ordered to stand part of the Bill.
Clause 18.—(SERVICE OF DOCUMENTS.)
I beg to move, in page 17, line 24, at the end, to add:
(5) The Commissioners may, for the purpose of enabling them to serve or give any document or direction under this Act, require the occupier of any land and any person who, either directly or indirectly, receives rent in respect of any land, to state in writing the nature of his interest therein and the name and address of any other person known to him as having an interest therein, whether as a freeholder, mortgagee, lessee or otherwise; and any person who, having been required in pursuance of this subsection to give any information, fails to give that information, or knowingly makes any mis-statement in respect thereof, shall be liable on summary conviction to a fine not exceeding five pounds.
This Amendment empowers the Commissioners to require, for the purpose of enabling them to serve or give certain documents or directions under the Bill, information as to the ownership of land, without which it might be difficult in some cases for them to exercise their powers. It is really a machinery provision, and the provisions of the Clause are similar to those contained in Section 106 of the Town and Country Planning Act, 1947.
Amendment agreed to.
Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."
I just want to ask the Minister two questions. There appear to be two forms of procedure in common use in connection with the service of notices upon owners of land. One form will be found in the Town and Country Planning Acts, 1844 and 1947; the other form is in the Acquisition of Land Act, 1946, and the Agriculture Act, 1947. It is those two Acts which appear to be the precedent for the Clause.
I ask the right hon. Gentleman to give consideration to trying to secure uniformity in these Clauses. Surely it is unnecessary to have two different types of clause for a simple matter such as serving notices upon the owners and occupiers of land. If I can express a view, I think that the form used in the Town and Country Planning Acts is much the best form, because it provides for what should happen should the registered letter be not received and come back, whereas the Clause does not do that.
This is not a controversial matter, and I ask the right hon. Gentleman to try to make the procedure similar. It would be much simpler for the people using the procedure to have one type of procedure dealing with the service of notices. When we went through the Town and Country Planning Acts, I thought we had arrived at a model Clause, but it has been departed from since and it has been departed from in the Bill.
Subsection (4), although apparently modelled on the corresponding section of the Agriculture Act, differs from it in two respects. First of all, it puts on the Minister of Agriculture the burden of being satisfied that reasonable inquiry has been made. That is something new. What is more important is that if the person cannot be found, service can be effected by delivering the notice to a person on the land—hon. Members will see that in line 21. In the case of forestry that means delivering it to some person one finds within the wood. That person may have no connection at all particularly in the summer time, with the owner or occupier of the wood.
I suggest that the right hon. and learned Gentleman should give further consideration to this phraseology. The phraseology in the Town and Country Planning Act is better. After the discussion on the Clause in the Agriculture Bill the Minister agreed to the insertion of the word "responsible" before person so that the Act reads:
10.30 p.m.
With regard to the hon. and learned Gentleman's second point. I shall look at it between now and the next stage. With regard to the hon. and learned Gentleman's preference for the formula contained in the Town and Country Planning Act, I said at the beginning that this Amendment followed the pattern of Section 106 of the Town and Country Planning Act, so I think we should have satisfied him by giving him, in this Bill, the formula for which he has a preference.
If the right hon. and learned Gentleman would look at the other form dealing with the service of the notice, which the Amendment does not, he will see it is a much clearer form and I think it is much better.
Question put, and agreed to.
Clause, as amended, ordered to stand part of the Bill.
Clause 19.—(REGULATIONS.)
I beg to move, in page 17, line 28, at the end, to insert:
(2) Any power conferred by this Act to prescribe the manner in which a claim or notice may be made or given thereunder shall include power to require that any particulars specified in the claim or notice shall be verified by statutory declaration.
This Amendment is designed to ensure that the Commissioners, when making regulations, shall be able to prescribe that particulars submitted in any document shall be verified by a statutory declaration. It is felt that this is desirable to prevent some difficulties which might arise through false statements being made in this connection.
Amendment agreed to.
Clause, as amended, ordered to stand part of the Bill.
Clause 20 ordered to stand part of the Bill.
Clause 21.—(APPLICATION TO SCOTLAND.)
I beg to move, in page 19, line 26, to leave out paragraph ( h ), and to insert:
( h ) for references to the Agriculture Act, 1947, and to Part II and section twenty-one of that Act, there shall be substituted references to the Agriculture (Scotland) Act, 1948, and to Part II and section thirty-eight of that Act;
( i ) for references to a freeholder, to a mortgage, to a mortgagor, to a mortgagee, and to the first mortgagee there shall be substituted respectively references to an owner, to a heritable security, to a debtor in a heritable security, to a creditor in a heritable security, and to the creditor whose heritable security has priority over any other heritable securities secured on the land.
This is a drafting Amendment, whereby we substitute in the first paragraph, for the English Acts, the corresponding Scottish Acts, and, in the second paragraph, for the English legal expressions, the corresponding Scottish legal expressions.
Amendment agreed to.
Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."
The presence of the Lord Advocate and the Under-Secretary of State for Scotland inspires me to make some observations on this Clause. This is a large Clause, consisting of two subsections with nine modifications. There is the remarkable use of the word "covenant" on the English side of affairs, and of the word "agreement" on the English side. I do suggest that there ought to have been a separate Bill for Scotland, and I do so for, I think, adequate reasons. In the recent report dealing with forestry one will find that the plantable area for England was 21,000 acres, and for Scotland 27,000 acres. So Scotland is the major partner in this proposal.
But those are only one group of a series of figures. In 1950, England planted 17,000 acres, and Scotland, 24,000 acres. Yet this is mainly an English Bill on to which Scotland is tacked. The dedications were 20 in England, and in Scotland 31. So the response to the Bill has been much more marked in Scotland than in England. In England there are 703 officers of the Forestry Commission, and in Scotland we are given only 410. The officers of the Forestry Commission are more associated with the tailoring trade than with the Forestry Commission. Their offices are in Savile Row. That seems a poor augury for the good fortunes of Scotland. The Committee must be made aware of these circumstances.
The Minister of Agriculture a few hours ago said that we must take our chances in the House and press forward on points of principle when they arise. This is not, perhaps, the best time to put forward the claims of Scotland for more devolution, but the presence of the Lord Advocate and the Secretary of State for Scotland is not desired if they are only going to add an addendum to the English Bill. Why is it that Scotland, the largest forestry area in the kingdom, is only an addendum to this Bill? Is there any justice in that? Does the lesser want to control the larger in this case? This calls for special reasoning. Why is there not a separate Bill for Scotland, and a separate Forestry Commission, not merely an advisory one?
I represent a constituency in the south of Scotland where the area taken over for afforestation is considerable. I should like to support what my hon. Friend the Member for Edinburgh, South (Sir W. Darling) has just said. Before we agree to the Clause standing part of the Bill, we ought to have a word from the Lord Advocate, or from the Under-Secretary of State for Scotland, telling us why it is necessary to have this somewhat clumsy Clause, full of references to, and suggestions of, legislation by reference so far as Scotland is concerned.
My hon. Friend has given some illuminating figures regarding the proportionate areas of England and Wales and Scotland, respectively, for the last 12 months. What he said shows clearly that the figure for England was 21,000 and for Scotland 27,000 acres.
What I said was that the English figures for the plantable area was 21,000 acres and for Scotland 27,000 acres.
I am sorry if I was not speaking loudly enough. I thought that those were the figures which the hon. Member gave, and his interruption has confirmed my supposition. I was about to say, before his interruption, for which I thank my hon. Friend, that having regard to the respective areas of England and Wales and Scotland—58,000 square miles for England and Wales, and 30,000 square miles for Scotland—what my hon. Friend has said is a glaring reason, if I might put it that way, why we should hear from the learned Lord Advocate why the Government have not seen fit to introduce a separate Measure for Scotland.
I certainly think that when this debate is read—as I hope it will be read by many people concerned with afforestation—there will be large numbers agreeing with the plea made by my hon. Friend in such strong terms and supported by myself in, perhaps, more feeble phrases. I think that it will then be seen that his plea was most amply justified. Those of us who represent Scottish constituencies feel deeply about it; and I would here express my constituency, as well as my personal interest, in this matter as has been the good habit for so many years in this House.
In that connection, I am all the more delighted to have the support of my hon. Friend, for he is not here as representative of a forestry area, but of a constituency in a great metropolitan city. Why have the Government, in its wisdom, not seen fit to introduce a separate Bill; and what about these considerable two subsections, with 11 paragraphs, full of clumsy references to other legislation, to which everybody, and most particularly those in Scotland, most decidedly object?
I hesitate to interfere in a private squabble between the hon. Members who have just spoken from Edinburgh, South, and Galloway, but I must say that I have begun to wonder about the keen interest they profess in this Bill in so far as it relates to Scotland because, during the most important part concerning Scotland, namely, Clause 21, we did not have the benefit of their guidance and advice. This, of course, springs—
Has the learned Lord Advocate any right to make such a suggestion? I have probably been in the Committee as long as he, and I did not rise before because I might not have been called.
It is very difficult to be called if one does not stand up—[HON. MEMBERS: "Oh".] Yes. I think that that is so.
But I was about to say that the reason for this being a United Kingdom Bill is to be found in the fact that in 1919, the then Government started a Forestry Commission for the United Kingdom; and, since then there have been United Kingdom Measures dealing with forestry. Notably, there has been the 1945 Act by the "caretaker" Government, and so we have merely added to this history of legislation by including the present Bill within the same pattern.
With the pertinacity characteristic of both hon. Members, they will see that Clause 25 lays it down that this Bill, when law,
With regard to the actual interpretation of this Clause under discussion, the time to have raised the point would really have been in earlier discussion, and not merely to have sought, at this stage, to get a tutorial lecture in Scottish law in the abstract, which the hon. Member is seeking.
10.45 p.m.
In the 1919 Act the area for planting was not stated, but in the 1945 Act and in the 1951 Act I think I am right in saying the area for planting was greater in Scotland than in England, which means a great difference in the present legislation compared with previous Acts.
The Lord Advocate said that it was not the intention of the Government to introduce a separate Bill for afforestation in Scotland. If that is so, is it intended to appoint one of the regional advisory committees, mentioned in Clause 15, for Scotland because of the great importance of the contribution that Scotland plays in forestry in the United Kingdom?
Question put, and agreed to.
Clause, as amended, ordered to stand part of the Bill.
Clause 22.—(TRANSITIONAL PROVISIONS.)
Amendments made: In page 20, line 20, leave out from "not," to "and," in line 21, and insert:
"authorised by section three of this Act to make such an application."
In line 21, leave out from "and," to end of line 22, and insert:
"in the case of any such application—
( a ) subsection (5) of the said section three."
In line 27, at end, insert:
"and
( b ) any compensation payable under section five of this Act to the owner of the trees shall be held by him in trust for the applicant."—[ Mr. Champion. ]
Clause, as amended, ordered to stand part of the Bill.
Clause 24.—(INTERPRETATION.)
I beg to move, in page 21, line 10, at the end, to insert:
"'mortgage' includes any charge for securing money or moneys worth and 'mortgagee' shall be construed accordingly."
This definition is needed because the word "mortgage" is used in one of the new Clauses which we propose to move.
Amendment agreed to.
I beg to move, in page 21, line 14, to leave out lines 14 to 17, and to insert:
As it stands the definition is capable of producing the result that for a particular tree there might be more than one owner. That is not a desirable thing, as it might mean, for example, that the lessor and lessee could fell trees for different purposes, and in such cases the lessor and the lessee would fall within the definition of "the owner." Although this would not be a matter under Clause 3, there is no objection under that Clause to more than one person having the right to apply for a licence to fell, but it is important for the purposes of such provisions as Clause 5, Clause 7 or Clause 11 (4).
Accordingly, we have to re-define "owner" in relation to trees as the owner of the land on which the trees are growing, and give to the owner in relation to land, as distinct from trees, the meaning arrived at by Section 21 of the Agriculture Act, 1947, that is, that the owner of the trees would, generally speaking, be the freeholder of the land on which the trees are growing.
Amendment agreed to.
Motion made and Question proposed, "That the Clause, as amended, stand part of the Bill."
This is the interpretation Clause, and I should like to draw attention for a short time to the definition of "conservancy." The Clause reads:
"'conservancy' means any area in Great Britain which may for the time being be designated by the Commissioners as a conservancy for the purpose of the performance of their functions; …"
The importance of that definition is that by Clause 15 of the Bill, there is to be a regional advisory committee for each conservancy in Great Britain. The question I want to ask is whether it is the intention that the Commissioners shall designate Wales as a conservancy so that there may be a special regional advisory committee embracing Wales. Under the 1919 and 1945 Acts, Wales had its own committees and I shall be much obliged if the Minister would indicate that this will be so in the present case, although I should be much happier if it were in the Bill.
There are two conservancies in Wales as well as four in Scotland.
Question put, and agreed to.
Clause, as amended, ordered to stand part of the Bill.
Clause 25.—(CITATION, CONSTRUCTION, COMMENCEMENT AND EXTENT.)
Will the hon. Member for Hampstead (Mr. H. Brooke) be good enough to move formally the Amendment in page 21, line 25? The Amendment has already been discussed with another Amendment.
I beg to move, in page 21, line 25, at the end, to add:
"nor to the administrative County of London."
I am prepared to accept this Amendment in principle, but it may have to be put in the Bill in a different form from that on the Order Paper.
In view of what the Minister has said, I beg to ask leave to withdraw the Amendment.
Amendment, by leave withdrawn.
Motion made, and Question proposed, "That the Clause stand part of the Bill."
I want only to ask the Lord Advocate why Clause 25 (3) is to be included in the Bill, and at the same time, as he is a Member of the Government in charge of the legal interpretation of this Measure, I congratulate the right hon. and learned Gentleman, without impertinence, on his promotion. My hon. Friend the Member for Hampstead (Mr. H. Brooke) had some measure of satisfaction and was able to withdraw his Amendment because of a certain Government concession, but why has this subsection (3) been included in the Bill.
When my hon. Friend the Member for Edinburgh, South (Sir W. Darling), and I were raising questions about the necessity for a separate Bill for Scotland, the Lord Advocate referred to subsection (1) and said that our fears were covered by that because all previous legislation regarding afforestation in Scotland had gone under United Kingdom Measures. I want to be clear in my mind regarding the position of Ulster. I do not think any of my hon. Friends from Ulster are present tonight. I assure them that I raise this matter in no spirit of hostility to that ancient Province of Northern Ireland which is a most loyal part of His Majesty's Dominions.
I venture to point out to the Lord Advocate that as Scotland covers an area of about 30,000 square miles and Ulster, if my memory serves me correctly, only an area of about 5,000 square miles, it seems difficult to me as a layman to understand why Ulster should be excluded. Does it mean that the Government think Scotland can be dealt with by a United Kingdom Measure and that Ulster can look after itself so far as afforestation is concerned?
My hon. Friend has put a very clear point to the Lord Advocate. I want to emphasise it by saying that if this Measure is good for Scotland, is it not to go as far as Belfast, although it goes as far as Edinburgh? Earlier the Minister said we should seize our opportunities when we could and that there were great points of principle that should be emphasised when the opportunity arose. Is not this a point of principle? Is not this a United Kingdom? All the arguments we have listened to today were in favour of embodying Scotland as an integral part of this Measure yet, in the last Clause, the Lord Advocate says that this benefit, this boon, this great advantage shall not extend to Northern Ireland. Is not this a destructive and discouraging policy to our fellow citizens across the Channel? Will he now tell me why it is that Scotland is to have this Bill and Northern Ireland is denied it?
Question put, and agreed to.
Clause ordered to stand part of the Bill.
New Clause.—(PROVISIONS RELATING TO MORTGAGES AND SETTLED LAND.)
(1) Where the interest of the owner of any trees is for the time being subject to a mortgage—
( a ) a claim for any compensation or sum payable under section five or section eleven of this Act in respect of the trees may be made either by the mortgagor or by the mortgagee;
( b ) in either case the said compensation or sum shall be paid to the mortgagee or, if more than one, to the first mortgagee, and shall be applied by him as if it were proceeds of the sale of the trees.
(2) Subject to the foregoing provisions of this section, where the owner of any trees comprised in a settlement within the meaning of the Settled Land Act, 1925, is a tenant for life who is impeachable for waste in respect of the trees, any compensation or sum payable under section five or section eleven of this Act in respect of the trees shall be paid to the trustees of the settlement, and shall be applied by them in accordance with subsection (2) of section sixty-six of the Settled Land Act, 1925, as if it were proceeds of sale of timber cut and sold with the consent of the trustees under that section.—[ Mr. T. Williams. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
This Clause provides for the special cases in which mortgages and settled land are concerned. Where the interest of the owner of the trees who, generally speaking, is the freeholder of the land on which they are growing is subject to a mortgage, this new Clause provides that a claim for compensation under Clause 5 or a claim for the net proceeds of the sale under Clause 11 (4), may be made either by the proprietor or by the mortgagee.
This provision would be useful to a mortgagee in a case where the property was so heavily mortgaged that it might not be worth while, in the opinion of the mortgagor, to make a claim. The Clause, however, goes on to provide that where the mortgagor or the mortgagee makes the claim, the money shall be paid to the mortgagee—or, if there is more than one mortgagee, to the first mortgagee—and shall be applied to him as if it were the proceeds of the sale of the trees—which means, in effect, that it would be used to reduce the debt.
The second limb of the Clause deals with the case where the owner of the trees is a tenant for life under a settlement and is impeachable for waste. If the tenant for life is not impeachable for waste in respect of the trees, he may, under the general law, sell them for his own benefit and in such cases it is right that he should receive any compensation or proceeds under Clauses 11 or 5. But where a tenant for life is impeachable for waste in respect of the trees then, under the general law, the tenant for life may cut and sell only with the consent of his trustees or of the court, and three-quarters of the proceeds are applicable as capital money and only the remaining fourth goes to the tenant for life for his own benefit.
11.0 p.m.
In such cases it would be wrong to allow the tenant for life to receive the whole of the compensation from the proceeds of sale for his own benefit. Accordingly, this new Clause provides that any such sums shall be paid to the trustees, and applied by them as if they were proceeds of the sale of timber, cut and sold with the consent of the trustees under Section 66 of the Settled Land Act, thus producing the result that the tenant for life will eventually receive one-quarter only, the residue being retained by the trustees as capital money.
For the sake of us poor layman who do not understand these legal terms, what does "impeachable for waste" mean?
I do not know if the explanation would be of any great interest to the hon. Gentleman because it is an English expression and not a Scottish one. No doubt the English lawyers will correct me if I am wrong, but I understand that it means that a man is personally responsible and liable for any waste which occurs and must be held liable for any waste.
Question put, and agreed to.
Clause read a Second time, and added to the Bill.
New Clause.—(COMPENSATION FOR LOSS THROUGH REFUSAL OF LICENCE.)
(1) Where an application for a licence under this Act authorising the felling of any trees is refused, any person who is for the time being the owner of the trees shall, on a claim made in the prescribed manner, be entitled to recover from the Commissioners compensation in respect of any depreciation in the value of the trees which is attributable to deterioration in the quality of the timber comprised therein in consequence of the refusal.
(2) Claims for compensation under this section in respect of any trees may be made from time to time in respect of deterioration which has taken place since the refusal of the licence or since the last previous claim, as the case may be; but no such claim shall be made after the expiration of one year after the felling of the trees, or in respect of deterioration which took place more than ten years before the date of the claim.
(3) In calculating the amount of any compensation payable under this section in respect of any trees—
( a ) no account shall be taken of any deterioration in the quality of the timber in the trees which is attributable to neglect of the trees after the date of the refusal of the licence; and
( b ) the value of the trees at any time shall be ascertained on the basis of prices current at the date of the claim.
(4) At any time after a licence under this Act authorising the felling of any trees has been refused, the Commissioners may, if they think fit, give notice to the owner of the trees that they are prepared to grant such a licence either unconditionally or subject to conditions described in the notice; and in any such case—
( a ) the Commissioners shall, subject to the provisions of subsection (5) of section three of section thirteen of this Act, grant a licence in accordance with the notice, if an application is duly made in that behalf; and
( b ) in calculating any compensation pay able under this section in consequence of he previous refusal of a licence, no account hall be taken of any deterioration occurring after the giving of the notice.
(5) Any question of disputed compensation under this section shall be determined by the Lands Tribunal.—[ Mr. T. Fraser. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
This Clause is not a new Clause at all, but the existing Clause 5 of the Bill—which we discussed earlier—and it is moved in its present form because it had to be left out in another place to avoid any question of Privilege. There are two slight amendments in the first subsection to which I would call the attention of the Committee. In page 6, line 10, we have, in the amended Clause, taken out the words from "who" in line 10 to "shall" in line 13, and inserted "is for the time being the owner of the trees." By this Amendment we have set out to make clear who can claim compensation.
Again, in line 15, we omit "of that loss," and insert:
Question put, and agreed to.
Clause read a Second time.
I beg to move, in subsection (1), to leave out from the third "trees" to the second "in."
This Clause is somewhat deceptive. In the main, it is drawn to benefit the small man and not the woodland owner whose woods are likely to be managed under a dedication covenant or under an order approved for the benefit of this Bill. The compensation claims will be largely put in by woodland owners and farmers who come outside these two categories. I hope that the right hon. Gentleman will agree with me there. It is in fact so drawn that it will be almost impossible for anyone to substantiate any claim under it.
We are concerned with public money. We do not want to have words so wide that anyone can make a claim for possibly more than he deserves. On the other hand, one of the main provisions of the Bill is to compel the poor individual, if required, in the national interest to carry out stockpiling procedure at Government behest and himself to bear the cost and possible loss of such operations. It is no good the Minister shaking his head and looking in another direction.
I am thinking about it.
I wish the right hon. Gentleman would think about it; it is an important point.
Before we leave this Clause we have to be sure we are being fair to the person who may be aggrieved by the refusal of a felling licence. The Minister should study the comment of the Royal Institution of Chartered Surveyors, a body upon whose members the greater part of the duty of the negotiations may lie. They say:
I thought I sat perfectly still, without shaking my head at all.
I propose that the limiting words of the Clause be taken out and suggest that a wider formula should be substituted in the Clause it is suggested that the value should be ascertained on the basis of prices current at the time of the claim. That is highly debatable at a time when markets are fluctuating, as they have been for the last two years. It is a hit or miss sort of method and not one this Committee should be satisfied with.
Finally, we suggest it would be fair to all concerned if, when licences are refused, the owner should be empowered to require the Commissioners to cause an independent valuation of the trees to be made. Such a record and valuation will be the only evidence at any future date which will have any value when negotiations for compensation may, in fact, take place. The Clause as drafted leaves a great deal to be desired and we have made a few suggestions to improve it. I hope that the Minister will accept them and perhaps make more suggestions for its improvement himself.
I can easily see the Minister's difficulty on this, and most of us would agree with him that he wants to avoid any exploitation of the position under his new Clause. On the other hand, we have to see that all types of forest owners and owners of trees are dealt with fairly.
May I give him one rather extreme type of case that the Clause does not cover at all? It is the case where the owner who has land contiguous to that on which a licence has been granted to fell has been refused a licence. Because he has been refused a licence, and because the timber has been felled on neighbouring land, his trees have suffered considerably—by wind blow, for instance. Under the Minister's Clause, there is no redress whatever for that neighbouring owner, and I do not think the Minister would like that sort of thing to leave this Committee. It would be most unfair.
Unless we have some sort of basic valuation, some sort of inspection with the report, and valuation by a valuer on demand, then I do not see that the owner will have any redress at all. In most cases the licences will be refused, surely, because in the opinion of the Commission the timber is not yet ripe for felling. It may be refused for other reasons. But that the timber may not have reached its prime is probably the thought at the back of the Minister's mind.
At the next stage—the stockpiling of the timber which has reached maturity but which, in the Commission's opinion, will not deteriorate by a refusal of a licence—we get into a difficulty. It is to meet that difficulty that the Amendments and other Amendments are really framed. It is a real difficulty, not an imaginary one, and I cannot see how we can avoid an immense amount of ill-will and mistrust being built up against the Forestry Commission unless some such Amendments are inserted.
I would like to support this following Amendment. I remember the damage done by soldiers occupying premises during the war, and the difficulties that arose. Adequate compensation could be recovered if there had been a marching-in inspection, for then, on a marching-out inspection, one could get a proper valuation. This Amendment is rather on the same lines.
Our idea is that there should be a marching-in inspection, as it were, when the licence is refused. When the trees are felled you can compare the value with that at the time of the refusal of the licence, and get some idea of the deterioration which has occurred. Unless there is something on these lines there will be a large amount of injustice in cases where the Commission refuses, on stock-piling grounds, to allow a licence.
The effect of this Amendment would be to make it possible to claim compensation for any change in the value of the trees, as distinct from any change in the quality of the timber. It would be possible to claim compensation on the ground that a good offer had been made at the time of the refusal of a licence. If we were to concede this Amendment owners could be tempted to apply for licences in the hope of a refusal, since they would then be secured against any possibility of commercial loss.
To come to the second Amendment, in the name of the hon. and gallant Member for Barkston Ash (Colonel Ropner), concerning the independent valuation of the trees, in 1950 no fewer than 1,000 applications had to be refused. Hon. Members can imagine the burden that would be placed on the Commissioners if they had to have a valuation in every case in which a licence was refused. It would be an intolerable burden on those who had to value, since their numbers are extremely few. It seems to me that it would be quite intolerable to accept the suggestion that whenever there is a refusal to licence we must make an independent valuation.
While some people may appear temporarily to lose money, since the refusal of a licence is probably a temporary refusal, as the application can be made every three years, on the whole it will be in the interests of the woodland owner himself, who will in the end be benefited by the refusal. The three Opposition Amendments arrange that, if, thanks to the refusal of the application for a licence to fell, there is an increase in the price of timber, the State should benefit by the amount of the increase. It seems to me, therefore, reasonably fair to leave the matter where it is.
11.15 p.m.
Would the right hon. Gentleman answer the point I raised about the neighbouring owner who suffers loss as a result of heavy windfall, because a licence has been granted to his neighbour and after the timber is felled the second owner's timber is exposed to the winds and suffers damage.
We are quite prepared to compensate where there is deterioration for one reason or another. If there is deterioration during the period of the suspension of the licence we are prepared to meet that, but fluctuations in the price of timber between the time the licence is applied for and refused and the time it is granted is quite another thing.
The right hon. Gentleman said that under no circumstances did he envisage the State benefiting from any increase in the price due to the refusal of a licence for felling. He must recognise that if timber is scheduled under Schedule D and there is an increase of price, the Treasury benefits to a considerable extent by the extra tax assessment.
The right hon. Gentleman has made it absolutely clear that it is not the intention of the Government here to compensate at all for the loss that the owner will suffer, be he large or small, by a fall in market values from the time of the refusal of a licence. To give an example, an owner whose timber is valued at £2,000 is refused a licence to fell, and if the market value falls to £1,000, he has to stand that loss. That is the right hon. Gentleman's sense of equity in this matter. I want to see if I can get clear another point which puzzles me. Let me assume for the purpose of argument that an owner has suffered depreciation in the value of his trees attributable to deterioration in quality and that he has a claim within the limited wording of the Clause. How is the owner to establish that claim? How will it be quantified?
If there is a valuation at the time of the refusal of a licence, then it is a starting point for determining to what extent there has been deterioration in the timber, but if there is no valuation, how is that going to be arrived at? That is what puzzles me. That is why we put down the second Amendment, to draw attention to this question. It seems to us necessary to have some machinery for determining the value of timber where a licence is refused.
It will not be very much good for the owner to employ his own valuer. That, obviously, would not be accepted by the Ministry. That is why we suggest that there ought to be an independent valuation. If there is an independent valuation, and another valuation later when the licence is granted, it will be possible to say whether there has been deterioration and to assess compensation. Considering this Clause as best I can, I fail to see how that can be done without having the timber valued when the licence is refused. I hope that the right hon. Gentleman will be able to give me a satisfactory explanation on that point.
I now want to ask a question or two about subsection (3, b ) of the Clause. There, it says: In calculating the amount of any compensation payable under this section in respect of any trees—
As I understand subsection (3, b ) it must mean that one must apply the prices current at the date of the claim to the value of the timber nine years before when the licence was refused. I fail to see how that is going to work out. I hope that the right hon. Gentleman will appreciate, this time, that these are serious inquiries because one wants to see this Clause operating well. As it is now drawn, it seems to me to be very delusive, and it seems to me that it will be very difficult for any owner who has suffered depreciation in the value of his timber through deterioration of the value, and the quality, to establish any claim.
I hope that I have made the point clear. I hope also that the right hon. Gentleman can give a clear indication of how it is intended that this new Clause shall work, because it is my belief that it will need amending if it is intended to do justice and to work fairly towards owners who have suffered loss.
I do not think it is difficult to answer the hon. and learned Gentleman. After all, the value of the trees at any time is ascertained on the basis of the prices current at the date of the claim. We know the prices month by month, quarter by quarter, and year by year, of the different species of trees. If granting of the licence is deferred for two, three, or four years—the hon. and learned Member mentioned nine years, but as far as I can see, that would be a very outside case—we shall at least know the prices of each species of tree month by month.
If a licence is refused in 1951, and is deferred for, say, five years, we shall know the value of the tree in 1956. If there has been deterioration in the tree during that time, it will have to be proved that deterioration has taken place, and if that cannot be proved, compensation is not called for. The difference between the valuation of the tree in 1956, thanks to deterioration, will determine the compensation to be paid. Hon. Members will rightly ask how we are going to determine the value of deterioration. Frankly, I admit that that will not be easy, and the best body of which I can think for fairness both to the owner and the State, is the Land Tribunal. I know of no tribunal more fair, and since we recognise that there is some form of limitation on the private owner, it is proper that there should be consideration which is reasonable and fair as between owner and State.
That is both the hope and the expectation of all of us here, and it would certainly be most unwise to tempt all sorts of owners—including the large number of good ones as well as the small minority of the less good—to apply for licences in the hope of refusal so they could be safeguarded from any possible commercial loss in any set of circumstances. We have done our best to meet every case, and I hope, therefore, that hon. Members will not press the Amendment.
The real difficulty here is in paragraph ( b ) of subsection (3), because there the words are "at any time." The right hon. Gentleman could say in the case of the man going to the tribunal, "Please assess the compensation to which this person is entitled if he establishes deterioration, based on current prices." But the trouble, I feel, is that this Clause falls between two stools, and that the Land Tribunal is not left free to decide. The Clause goes into detail, and makes it difficult for the tribunal to do what the Minister has just said. Paragraph ( b ) offers a current price of the value of the timber on the date of the claim. That is fairly easy, but, taking the extreme example of nine years, where there has not been a valuation at the time of the refusal, one has to carry back the price to the current value of nine years before.
That will be extremely difficult, for in those nine years before one has had no assessment or valuation of the timber at that time. If one knew the current price, and the value at that time, it would be different, but as it is here, it is all most difficult. Cannot the Minister do something to get this a bit clearer before the Report stage? I am sure he does not want the owner to suffer a loss of compensation, and if he will promise to look at this again, I think my hon. Friends will withdraw the Amendment.
Of the three principal forms of loss which were given earlier by myself from the Royal Institution of Chartered Surveyors, the last is the most important. Timber about which a claim is likely to be made is almost certainly hardwood, largely spaced, and which has ceased to grow. Land growing 100 foot a year, is to be sterilised, and the owner is going to lose, perhaps, 500 cubic foot an acre if the Minister holds up licences for five years. That was mentioned by the technical body which I quoted, and it is far more important than this issue of deterioration and then we come up against the difficulty of the fluctuation of markets mentioned already. If the right hon. Gentleman can give me an assurance on these points I will withdraw the Amendment.
11.30 p.m.
I can assure the hon. Gentleman that it is our intention not to hold up the licences for the mere sake of holding them up. Broadly speaking, a licence will only be withheld temporarily, and if that is the case then I can assure the hon. Member that it will be our aim and endeavour to avoid any serious loss to any individual owner.
Could the right hon. Gentleman explain, in fairness to his own Department, to the Forestry Commission and to the owner, how the deterioration can be assessed unless there is a valuation taken of the timber at the time when the claim is made? That is the point I want to get at.
It is just as easy for me to answer that as it is for the hon. Gentleman to answer me this question. What would he do with those who apply for a licence to fell in the hope that they will be refused so that they can clear themselves of any possible commercial loss? Neither question is easy to answer. All we can promise is that as far as administration can avoid loss to woodland owners we shall endeavour to see that that is done. I know from personal experience that if a licence is refused one year, if it is a reasonable case it is rarely, if ever, refused the next year, and these cases of five years, nine years, and so on, will be very rare indeed.
I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Motion made, and Question proposed, "That the Clause be added to the Bill."
I feel that the Minister, in this Clause, has made a real effort to meet the loss which I believe is inevitable when licences are refused, particularly to small owners. First of all, there is the case mentioned by my hon. Friend the Member for Westmorland (Mr. Vane) of the loss of annual increment. Apart from the actual loss, there is the moral loss, because for years the private woodland owners have been told to run their woods on businesslike grounds, and here they are being asked to do a most unbusinesslike thing. Instead of being asked to cut timber when it is ripe and to replant, they are asked to let the trees stand uneconomically for a number of years.
Secondly, there are certain trees which it would be more profitable to cut when they are young than allow to grow. For example, there are willows, which it is more profitable to cut at the time when they can be made into cricket bats rather than to leave them for a considerable length of time. The same thing applies to the ash which can be sold at a high price when young for "sports-ash"; and also to the sycamore, which is used for wooden machinery, and so on. If the owners of these trees are not allowed to cut them until they are long past their most profitable stage, then they will suffer loss and will be in no way compensated by this Clause.
On the question of valuation, even if there is a valuation made at the time when the licence is refused, there will be great difficulty in assessing the damage that is done. The real damage might be decay inside the trunk, which is invisible from the outside, or which results in colouring of the wood, which it is also impossible to see from the outside.
I have only one concrete suggestion to make. Would it be possible sometimes in the case of a refusal of a licence to cut hard woods, to allow the owners instead to exercise a certain amount of selective felling? That would allow some realisation at once and would probably, by allowing more light in, increase the rate of growth of the remaining trees. That might be some compensation, too.
Before we leave this Clause, may I say one word in regard to the small man, because during the Second Reading debate I asked the Minister if he could give an assurance that applications for licences to fell by the small woodland owners would be given sympathetic consideration. The Minister, in his reply, did not have time in that short debate to reach that point. What would be of great interest to small woodland owners would be to have an assurance from the Minister that in the case of woods of under five acres, that is, the really small woods, they can, if so desired, contract to work on an agreed plan with the Forestry Commission.
I do not think that is clear at the present moment. Many people feel that, if they own a considerable number of woods under five acres, because each particular wood is under five acres they would not be in a position to operate on an agreed plan. As I read the Bill, if a small woodland owner had five, six, or perhaps 10 woods of under five acres on his property, he would be entitled to come under Clause 10, even if he did not dedicate, if he were prepared to work under an agreed plan. If the Minister could give an assurance that my view is correct in this matter, I think it would allay the anxieties of many people.
I am pleased that the hon. and gallant Member has raised this point. The size of the woods is immaterial if there is a workable plan submitted to the Commission. I think I can give a definite assurance that where small woodland owners who have a series of five acre lots submit a workable plan to the Commissioners, they will receive every encouragement from us, and I think they, in turn, would receive all encouragement in the form of an application granted for licence.
Question put, and agreed to.
Clause added to the Bill.
New Clause.—(POWER TO MAKE LOANS ON REFUSAL OF LICENCE.)
Where a licence under this Act authorising the felling of trees on any land is refused, then if the land is or in the opinion of the Commissioners will be managed in a manner approved by the Commissioners, the Commissioners may, if they think fit, make to persons interested in the land advances by way of loan of such amounts upon such terms and subject to such conditions as they may determine.—[ Mr. Champion. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
This Clause and the two Clauses which follow were left out in the other place because of Privilege.
This Clause deserves one comment. The main loss which many people, particularly small wood owners, will suffer is loss of interest. In return, they are to be offered a loan at an undefined rate of interest. Surely no one in his senses is going to borrow money at any given rate of interest in order to invest in an enterprise which earns him nothing. I hope no one attaches too great importance to the generosity of this Clause.
Question put, and agreed to.
Clause read a Second time, and added to the Bill.
New Clause.—(TREASURY APPROVAL FOR ADVANCES.)
The powers to make advances conferred on the Commissioners by paragraph ( d ) of subsection (3) of section three of the Forestry Act, 1919, and section six of this Act shall be exercisable subject to the approval of the Treasury.—[ Mr. Champion. ]
Brought up, and read the First and Second time, and added to the Bill.
New Clause.—(FINANCIAL PROVISIONS.)
(1) The appropriate Minister may pay to the members of any committee appointed by him in pursuance of this Act such remuneration as he may with the consent of the Treasury determine, and the Commissioners may pay to the members of any advisory committee maintained by them in pursuance of this Act such allowances as they may so determine.
(2) Any administrative expenses of the appropriate Minister under this Act (including sums required for the payment of remuneration under this section), any expenses of the appropriate Minister in the acquisition of land under section eight of this Act, and any expenses of the Commissioners under this Act, shall be defrayed out of the Forestry Fund.—[ Mr. T. Williams. ]
Brought up, and read the First and Second time, and added to the Bill.
New Clause.—(INTEREST OF AMENITY.)
In the exercise of their functions under this Act it shall be the duty of the Commissioners to have due regard to the interests of amenity.—[ Mr. Turton. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
The surprising thing in this Bill is that, with the possible exception of Clause 13, there is no mention of amenity in forestry. I should have thought that three important factors in this Bill should be first, defence, second, arboriculture, and third, amenity.
The wording I have chosen for this Clause is modelled on Section 84 of the National Parks Act, a Measure dealing primarily with amenity. Under Section 84 of that Act an obligation was laid on the Commissioners to have due regard to the needs of agriculture and forestry. So here, on the reverse, we should have due regard to amenity. I am reinforced in moving this Clause by what I thought were the very unhappy words that fell from the noble Lord the Member for Horsham (Earl Winterton) during the Second Reading Debate:
First, the Forestry Commission devised a plan to plant the slope of the Hamble- don Hills, which would have obscured a very old landmark, the White Horse of Kilburn, which is a haunt of the people of the West Riding who come on Sundays to enjoy the views from that place. The Council for the Preservation of Rural England took up this matter, not to stop the planting of the whole hillside but to secure an adequate vista from that White Horse so that it was plainly evident from the hill and the Vale of Mowbray that lies below it. As a result of these representations the Forestry Commission altered their original plan in order to secure that landmark and amenity for the people of Yorkshire.
The second was a case of felling. Near a town in my constituency there was a small immature soft wood that had been planted on a hill over the town and handed to the town for their own keeping. It was suggested that this wood should be felled. Here, again, the Council intervened to secure that it should not then be felled. Again, as a result of their intervention, that amenity was preserved for the countryside.
11.45 p.m.
I hope the Minister will agree that, acting as he is as a trustee for the State forests of this country, it is vital that he should have due regard to the amenity of the countryside. From what I have seen of the State forests, I do not believe that the Forestry Commission have had as due regard to amenity as have the private woodland owners. I have seen cases of private owners who have put fringes of wild cherry round larch plantations, which is a perfectly good and sound principle, and it has added immensely to the beauty of the countryside. One never finds that in the Forestry Commission's plantations—only ugly rows of sitka spruce. I know the hon. Member for Westmorland (Mr. Vane) may disagree with me there. I believe we could improve the amenities of these plantations very greatly by judicious use of other species in order to make the outlook less dismal and dreary, and less like a very enlarged churchyard.
I hope the Minister will accept this new Clause. If not, I hope he will give an assurance that the Forestry Commission will in future pay more regard to the amenities of the countryside, even if it involves extra expenditure.
The hon. Gentleman seemed to me to make a fair case out against his proposed new Clause when he went on to discuss the desirability of putting certain trees around the fringes of woodlands, and found himself in conflict with the hon. Member for Westmorland (Mr. Vane). I remember on Second Reading the hon. Gentleman saying something about changing ideas about different trees, and how sitka spruce were being accepted.
The hon. Gentleman is confused. The remarks of my hon. Friend were about the larch, which he regarded as a giant asparagus.
Well, there it is: those concerned with amenity seem to alter their views from time to time. It surely is right to say that the Minister of Local Government and Planning and the local planning authorities are the bodies upon which this duty of protecting amenity rightly devolves, and that we should not put the duty on the Forestry Commissioners to pay due regard to amenity. I do not think we should put that in the Statute. The Forestry Commissioners have a different responsibility.
I should have thought that Clause 13 of the Bill was sufficient protection. There we find that where tree preservation orders have been made, licences to fell will not be issued without due regard to the interests of amenity. I should have thought that was sufficient protection, and that we were putting a heavy enough responsibility on the Forestry Commission. The wider responsibility for giving effect to amenity considerations correctly devolves on the Minister of Local Government and Planning and the local planning authorities.
That is an extraordinary reply—that a Government Department exercising responsible functions all over the countryside is supposed to be overburdened if it accepts simply the small obligation to have due regard to the interests of amenity. In spite of my opinions about the beauty of a particular tree, I feel compelled to make this protest.
Admittedly the Ministry of Local Government and Planning has responsibility for the overall amenity aspect, but all we are asking is that the Forestry Commission, on their own job, shall have due regard to the interests of amenity.
I should not have thought that this was too much. It is not only a question of species, but of following contours, and of having more regard to the beauty spots than has happened in the past. This is a small obligation to put on the Forestry Commission and one they would willingly welcome. I hope that before the Report stage a slightly different view will be taken.
The mere fact that the Forestry Commissioners would welcome this provision should be sufficient consolation for the hon. Gentleman in our not having this provision in the Bill. Of course, the Commissioners will always have regard to the interests of amenity.
But they have not in the past.
I think the hon. Gentleman is quite wrong. But it does not do to clutter up statutes by saying that every Minister on every occasion will have regard to amenity. It is a common sense thing to have regard to amenity.
At present it is not in the power of the Forestry Commission to have regard to amenity; they cannot even spend money on amenity in our forests. Therefore, it is of great importance that some such power should be given to them. Part of these forests will be planted in the National Park areas of England. Any other owner except the Forestry Commission, knowing that fact, will spend money in order to make these forests of amenity value. Owing to the very intransigent attitude of the present Government, that will not be done until we get a change of Government.
Question put, and negatived.
Bill reported, with Amendments; as amended, to be considered Tomorrow, and to be printed. [Bill 139.]
Agriculture (Prices and Markets)
Agriculture Act (Part I), Extension of Period Order, 1951, dated 22nd June, 1951 [copy presented 27th June], approved.—[ Mr. T. Williams. ]
Courts-Martial (Appeals) Bill
Lords Amendments considered.
Clause 1.—(CONSTITUTION OF COURTS-MARTIAL APPEAL COURT.)
Lords Amendment: In page 2, line 5, after "persons," insert "being persons of legal experience."
11.55 p.m.
I beg to move, "That this House doth agree with the Lords in the said Amendment."
It may be convenient to consider also the further Lords Amendment to leave out lines 6 and 7.
The effect of these Amendments is to provide that in paragraph ( d ) the persons who may be appointed by the Lord Chancellor to sit in the Appeal Court shall be "such other persons, being persons of legal experience." This will ensure that the constitution of the court will be either His Majesty's judges or such other persons of legal experience as the Lord Chancellor may appoint, thereby eliminating the fear that technically at least a person might be appointed who was not a person of legal experience.
I thank the Lord Advocate for his explanation. This Amendment does no more than make even clearer what was the original intention of the Bill.
Question put, and agreed to.
Clause 2.—(SUPPLEMENTARY PROVISIONS RELATING TO THE COURT.)
Lords Amendment: In page 3, line 15, leave out "in London except in cases where," and insert "in such place as."
I beg to move "That this House doth agree with the Lords in the said Amendment."
Again it may be of convenience to deal with the next Amendment, in page 3, line 16, at the same time. The effect of these Amendments is that subsection (3) shall read: of each case. It may be that in most cases the Court will sit in London, but it is not thought desirable that that shall be put specifically in the Bill. Having regard to the nature and constitution of the Court, while it may be the practice normally to sit in London we think there should be no restriction of that nature in the Bill, and it should be left to the Lord Chief Justice to determine, having regard to the circumstances of each case, where is the proper place for the Court to sit, either inside or outside the United Kingdom.
This is an Amendment of a somewhat more important character. I am wondering whether in practice it will make very much difference to where the Court of Appeal will sit. In determining where it should sit, regard should be had not only to where the appellant may be stationed, but to the fact that the law applicable will be English law, and if you are to have a case properly argued as well as promptly heard, London or England will usually be more convenient than elsewhere.
In the majority of cases the venue will normally be in London, and it is desirable that it should be so, because all the papers in the case will come to London for the purposes of the petition before the appeal takes place. We do not oppose the Amendment, but, speaking for myself, I feel that in the vast majority of cases it will prove more convenient to the accused and everyone else that the appeal should take place in London.
Question put, and agreed to.
Clause 4.—(APPLICATION FOR LEAVE TO APPEAL.)
Lords Amendment: In page 4, line 25, leave out from "appellant" to end of line 30, and insert:
"and lodged, within the prescribed period, with the registrar, being an application in the prescribed form and specifying the grounds on which leave to appeal is sought and such other particulars, if any, as may be prescribed."
I beg to move, "That this House doth agree with the Lords in the said Amendment."
It may be convenient if we consider this Amendment and the next Amendment in line 30. The first two paragraphs which it is proposed to insert are drafting. They recast the Clause without altering the sense or effect. The third paragraph would make it possible to transmit by wireless or any other expeditious means the information contained in an application for leave to appeal. It is difficult to say how often recourse may be had to this provision, but it is appreciated that in some circumstances it might be desirable to make use of the most rapid means. If an appellant has lodged an application for leave to appeal, proceedings are likely to be in London, and on receipt by wireless of the necessary information, there is no reason why the application should not be considered by the Court at the earliest possible moment.
Question put, and agreed to.
Lords Amendment: In page 4, line 30, after the words last inserted, insert:
"() Where an appellant convicted by a court-martial held outside the United Kingdom duly presents a petition under the last foregoing section and, before the expiration of the period within which an application for leave to appeal to the Court against the conviction is required by subsection (1) of this section to be lodged, the appropriate authority for the purposes of subsection (2) of the last foregoing section receives from the appellant such an application accompanied by a request that that authority will forward the application to the registrar in the event of its being decided not to grant the petition, it shall be the duty of that authority to comply with the request and accordingly, the right conferred upon the appellant by subsection (1) of the last foregoing section shall, if it has not previously become exercisable, become exercisable on the happening of that event."
I beg to move, "That this House doth agree with the Lords in the said Amendment."
In effect this Amendment is a compromise. In Committee in this House the hon. and learned Member for Northants, South (Mr. Manningham-Buller) proposed that this procedure should apply to all cases, and what the Lords do by this Amendment is to make the procedure apply to cases outside the United Kingdom.
My recollection is that we urged that some provision should be made of this character in the case of people court-martialled far away from this country. The right hon. and learned Gentleman resisted all our efforts, and I remember his arguments well. I am glad to see that in another place the Government have acceded to the eloquent arguments advanced by noble Lords, so that we are now asked to agree to an Amendment which completely agrees with the original suggestion from this side of the House. I think it is a great improvement to the Bill.
Question put, and agreed to.
Lords Amendment: In page 4, line 34, at end, insert:
"() In considering whether or not to give leave to appeal the Court shall have regard to any expression of opinion made by the Judge Advocate of His Majesty's Fleet or the Judge Advocate General that the case is a fit one for appeal, and, if any such expression is so made, may, without more, give leave to appeal."
I beg to move, "That this House doth agree with the Lords in the said Amendment."
The effect of this Amendment is that if the Judge Advocate of His Majesty's Fleet or the Judge-Advocate General certify that the case is one fit for appeal, the Court, if it so desires, may regard that as sufficient justification for granting leave to appeal. There is no obligation on the Court to do so—in other words, the Court reserves the right to use its own discretion, but it can be satisfied with such a certificate and nothing more.
Question put, and agreed to.
Clause 6.—(POWERS OF THE COURT IN SPECIAL CASES.)
Lords Amendment: In page 5, line 34, at end, insert:
"or
( b ) an appellant has been convicted of an offence and it appears to the Court that the court-martial by which he was tried ought to have found him guilty of the offence subject to exceptions or variations;"
I beg to move, "That this House doth agree with the Lords in the said Amendment."
It may be convenient if I deal with this Amendment and the next three Amendments together. They redraft the Clause. Originally subsection (4) was added during the passage of the Bill through this House, and on reflection we thought it better to redraft it, so that it would carry out exactly the same purpose in a more proper form.
Question put, and agreed to.
Clause 8.—(SUPPLEMENTARY POWERS OF COURT.)
Lords Amendment: In page 7, line 21, at end, insert:
"( b ) order the taking of such steps as are requisite to obtain from any member of the court-martial by which the appellant was tried or the person who officiated as judge advocate at the trial a report giving his opinion upon the case or upon any point arising therein or containing a statement as to any facts whereof the ascertainment appears to the Court to be material for the purposes of the determination of the case;"
I beg to move, "That this House doth agree with the Lords in the said Amendment."
I think it would be for the convenience of the House to consider, with this Amendment, the Lords' Amendment in page 8, at line 6. The real purpose of these Amendments is to give effect to criticism raised during the Committee stage of the Bill in this House, that the President of the Court should not be bye-passed. The effect of the Amendments is to ensure that, where proper and convenient, the President of the Court shall not be bye-passed when a report is sought from the Court.
I am not sure that I understand what is meant by the expression
It might well be that one of the grounds raised by the appellant related to something which he had reason to believe had occurred in closed court, something which ought not to have occurred. It might be, for instance, some allegation of misconduct on the part of the President. It would be right to get a report from the President, and I think it would be equally right to get one from other members of the Court. It might seem to invalidate the report from other members of the Court if that had to go through the President before it got to the appellate tribunal. I think that the right hon. and learned Gentleman ought to make that clear before we part with this Amendment, which, I think, is otherwise unobjectionable.
I think that if the hon. and learned Member will read the second Amendment, he will see what is meant. It means merely that if it is intended to obtain a report from a member of a Court there must also be obtained a report from the President unless that is impracticable, or involves undue delay.
Question put, and agreed to.
Clause 22.—(RULES OF COURT.)
Lords Amendment: In page 15, line 5, leave out from "Court" to end of line 6.
I beg to move, "That this House doth agree with the Lords in the said Amendment."
I think that it would be for the convenience of the House to consider with this Amendment the Lords' Amendment in page 15, line 9. The second of these Amendments extends the rule-making power, and it will give power to deal with points such as enforcement of duties imposed by order of the Court, and the first of the Amendments referred to is consequential on this.
Question put, and agreed to.
Remaining Lords Amendments agreed to.
Fertilisers (Charges)
Fertilisers (Charges) Order, 1951 (S.I., 1951, No. 1133), dated 27th June, 1951 [copy presented 28th June] approved.—[ Mr. Stokes. ]
Greenwich Hospital and Travers' Foundation
12.12 a.m.
I beg to move:
Hon. Members will see that both income and expenditure have increased during the last year, and from page 2 of the Report it will be seen that the income from British Government securities has increased by £3,800 to £93,400, representing an average yield on capital of 3⅓ per cent. On the expenditure side, the costs are up to some extent, largely because of the reconditioning of farm cottages, of which we are doing a very great deal. Apart from the maintenance of the estate itself, the expenditure is divided roughly in the proportion of two-thirds for the school, and one-third for pensions. There are some 200 grants to officers and officers' children in respect of education, and about 1,500 for ratings, widows of ratings, and for the education of ratings' children. The school will cost much more than in previous years, and at the foot of page 5 the increase in the estimated cost per boy is shown.
Entry is confined to the sons of officers and men who have served in the Royal Navy or in the Merchant Navy, or, in certain instances, in the lifeboat service. Preference is given to boys whose fathers have been killed, and the objects of the school are to give the best possible education up to secondary standard. Entry age is from 11 to 12 years, and at present most boys are leaving at between 15 and 16 years. Many of them go into the Navy as seamen or artificers. We are now developing the higher education side of the school. I am glad to tell the House that one of our boys is a naval cadet and we hope there will be more. A number of School Certificates have been earned by the boys at the school, and we hope that number will increase. But the bias is on a naval education, and we encourage the boys to go into the Navy if they wish to do so.
We recently appointed a new headmaster, who will take up his duties in September. There were nearly 200 applications for the post and we have appointed a first-class man. He is under 40, has a good academic record, and has had distinguished war service, in the course of which he was awarded the George Cross and the O.B.E. for dealing with unexploded bombs. That, apart from his academic career, shows that we have a man of character, and I feel sure that he is going to be a useful asset to the school. The Committee made a unanimous recommendation about him to the First Lord.
I should like to thank the Committee for their work during the last year. We have two directors of education, Mr. Morris and Mr. Missen. Both give generously of their time in administering the school. We have also assistance from two Members of the House, the hon. and gallant Member for Horncastle (Commander Maitland) and my hon. Friend the Member for Huddersfield, East (Mr. J. P. W. Mallalieu), both of whom spend a lot of time on the work of the school.
Finally, I should like to say that this is a good school and is getting better. There is now some competition for entry to it. I hope that hon. Members will keep in mind the opportunities that this school offers to boys whose fathers have had some connection with the sea in any capacity, and if they hear of any case they will get in touch with the Director of Greenwich Hospital or myself in order that the fullest use shall be made of the school. It has a wonderful situation, the buildings are excellent and the education is being built up.
I think it is going to be possible in a year or two to provide the best boarding school education that can be found for boys in this country, no matter from what type of home they come or from what type of educational establishment they may come. This seems to me to be a job that is well worth while. It is one that I have had the privilege of doing for four or five years in conjunction with the hon. and gallant Member for Horncastle, and it is work which will bear fruit in the next few years.
12.18 a.m.
I agree with the Parliamentary Secretary to the Admiralty in regretting that this debate always takes place somewhere about this time and also at this time of the year, but I shall endeavour to be as brief as he was. At the same time I make no apology for asking one or two questions, because, as the House knows, this is the only opportunity we have of looking at these estimates and these accounts. I think this is a very good example of the various duties for which this House is responsible. Here we have a very large trust with an income of over £200,000 a year, and, as the Parliamentary Secretary said, that is spent on the pensions, on the Hospital School and on maintaining the estates both at Greenwich and in the North of England.
There are one or two questions I should like to ask, because unless we ask them it is rather difficult to assess the relative value of the figures in these estimates and these accounts. Last year we were told that something like £75,000 was to be spent on maintaining the property during the next five years. I gather it has been continued on that sort of scale, and perhaps the Parliamentary Secretary will tell us whether that is so.
There is one other point, and that is in regard to the property. This income in benefits has gone up from 59 per cent, five years ago to 76 per cent, now, and one wonders whether that is on the same lines as spending this extra money on the estates. I very much wonder whether more money could be given in benefits and at the same time more money spent on the estates. The Parliamentary Secretary told us that there are something like 1,500 to 1,600 recipients of pensions. Could he tell us on what sort of scale these pensions are being paid, and how much is paid in individual cases. I know that in my constituency these pensions are of the greatest value and just make all the difference to the recipients.
I should like to ask what the pension policy is now? When pensioners die and come off the list, do the authorities immediately enrol somebody else or is the policy, with the rising cost of living now, to increase the pensions, to increase the number of pensioners, or to maintain the same number of pensioners? There is one question about the property. I wonder whether another year we could be told what the capital value of it is. We are always told that the income is more than the expenditure, and that is very satisfactory; but it is a little difficult to assess the relative value of these figures unless one knows how much the property is worth and whether it is being administered in a proper manner.
Finally, I want to say one word about the Royal Hospital School, Holbrook, although this, in the past, has been rather a closed shop for the hon. and gallant Member for Hull, East (Commander Pursey), who I am surprised and slightly relieved not to see in his place tonight. I notice from the accounts that the cost of maintaining a boy at Holbrook has risen from £145 to £207. We all know the extra costs today and that there are some additional costs, about which the Parliamentary Secretary to the Admiralty told us. But could not that amount have been made up without having to put up the cost of a boy? The number of boys has increased, I see, from 587 to 648.
Regarding the home farm at Holbrook, the figures for this appear in the accounts but not in the estimates. It is not actually clear from the accounts where this money is going, because we are told in Appendix C that the net profit over the last five years was £3,200. As far as one can make out, the Greenwich Hospital was only getting £127. Perhaps we could on another occasion have a little more detail about that farm?
Regarding the Rotely Bequest, which I have not seen in the estimates before although it has appeared in the annual accounts, we are told that £180 is to be paid in education and maintenance, but who is to get that amount and how many people? This sum does not seem to be going very far. I said that the Rotely Bequest was not in the estimates but was in the accounts. But we find the education of officers' children appears in the estimates and not in the accounts. I wonder what principle the Admiralty are working on in this respect, because there are really substantial amounts involved. I do not ask the Parliamentary Secretary to answer all these questions now, but I feel that on another occasion when we are debating these estimates and accounts we might have a little more background because of the substantial sums involved. I was very glad to hear the Parliamentary Secretary say that there is a boy from Holbrook at Dartmouth, and I hope there may be more soon. I was glad to hear him encourage hon. Members to give publicity to the Royal Hospital School, Holbrook, for these institutions are valuable, but people do not know sufficient about them.
It is most important that the great facilities of the school should be well known. I want to say "thank you" to the retiring headmaster, Mr. Lee, who has done wonderful work in laying a foundation for a first-class education. I also want to wish good luck to his successor.
12.26 a.m.
May I reply to the questions quickly, by leave of the House? I was asked a number which I can answer. The amount spent on the cottages and estates in the North of England is about £15,000 each year. The reason it is not shown in the estimates but is shown in the accounts is because it is paid from capital. The hon. and gallant Member for Chelsea (Commander Noble) will find that is the answer to a number of other questions he asked about why some things appear in the accounts and others in the estimates.
That brings me to the reference in the estimates to the Rotely Bequest. The reason for this is that we have collected from the War Damage Commission a substantial sum in respect of property which was destroyed. The hon. and gallant Member also asked about the pensions policy and amounts. The amounts paid vary between £7 12s. a year in respect of Canada Pensions—about which he may know—to £72 a year in respect of a boy being educated in a specific school. As far as the major part of the pensions are concerned, they average roughly £1 a week.
The policy is not only to maintain the number of pensions but also to increase the amounts we can award if it is possible. The hon. and gallant Member will appreciate that the additional capital that we are spending on our property is bringing in higher rents because of the improvements. That, in itself, apart from some judicious switching of long-term stocks into medium-term stocks, has brought in additional income. As far as the Home Farm is concerned, the hon. and gallant Member will appreciate that we are not the tenants. The farm is let and we receive rent for it, although it supplies the school with milk and vegetables at market rates.
That answers most of the questions he put. If there are any others, I shall be glad to deal with them by way of correspondence. I also want to thank my hon. Friend the Member for Huddersfield, East (Mr. J. P. W. Mallalieu), for his remarks about Mr. Lee, the Headmaster. He had a difficult job to do in settling the school down again after the war. He did it extremely well. We are sorry to lose him, but are glad that we have such an able successor.
Question put, and agreed to
Football (Broadcasting Ban)
Motion made, and Question proposed, "That this House do now adjourn."—[ Mr. Popplewell. ]
12.28 a.m.
I apologise for keeping the House and the servants of the House at this late hour.
The Football League has put a ban on the broadcasting of commentaries upon their matches. The Football Association does not agree with this ban and is doing its best to bring about a reconciliation between the Football League and the British Broadcasting Corporation. I do not speak as a critic of either the Football League or of the B.B.C., but as a friend of both who wants to see them come to a reasonable accommodation.
There are old people who are too frail to stand out in the winter winds and rain to watch a football match. There are remote people who live too far away to go to these matches. There are disabled people—cripples, the sick, the bedridden and the blind—who either cannot go with facility or, if they go, cannot stand or cannot see. All these groups of people have become accustomed to hearing foot- ball matches over the radio, and it has become a very important amusement and amenity and perhaps one of the few available enjoyments to a great many of our fellow citizens.
Since the broadcasting service is a national service it is not inappropriate that Parliament should at least be made aware of this matter, and have an opportunity of saying something about it.
Will the hon. Gentleman forgive me? There is no responsibility in this House, or by the Minister, for anything that the Football League or the Football Association do. The Minister has no control if they ban broadcasts, any more than he has control in the House over the banning of broadcasts. We cannot discuss matters in a vacuum. There must be some responsibility to the Minister, and I would ask the hon. Gentleman to direct his remarks to responsibility by the Minister because we have no responsibility for the Football League or the Football Association.
On your Ruling—to which of course, if after hearing me you confirm, I will gladly accede—may I ask you to consider one or two points, Sir? I know it is not a view which must necessarily influence you, but the Ministry seem to have some responsibility, because the Minister appointed to concern himself with the policy of broadcasting wrote to me and said that he was instructing the Assistant Postmaster-General to be here tonight. Evidently the Minister thinks he has some responsibility. If, in fact, your Ruling was to be a precedent—as a Ruling from the Chair would be—we might reach the position in which, for example, all the broadcasting of all music and all literature might become impossible owing to the action of the Performing Rights Society.
I quite agree with the hon. Gentleman. I think there is a point there, that all broadcasting might become impossible, supposing that the B.B.C. did not pay proper fees, and I think that probably on that line this matter might be brought in order.
That was the point I was just reaching, Sir, but, since time is the essence, I will not argue the matter further.
My plea is that the B.B.C. and those controlling football shall come to an arrangement. Since even the football clubs must have their price, it is for the B.B.C., our child and creature, to make an arrangement. It is said that the football people cannot get the gate money because the broadcasts take the people away and keep them at home. That may be true. No one wants to spoil the game of football or other sports. It is not for me to offer a solution, but the B.B.C. is a rich corporation, and it ought to pay for a good show.
Secondly, the B.B.C. has a most wonderful power of advertising. It should not be squeamish about using this power to help the sports promoters to get good gates, helping to get a lively show, enabling the promoters to make profits, and enabling them to give the classes of persons to whom I have referred the utmost possible benefit.
It is not impossible to record football matches and broadcast them, starting from the very moment that the football match comes to an end. We would then have an almost immediate broadcast. There would be only a difference of about 50 minutes between the time the match took place and the broadcasting commences. Then hardly anyone would even feel that he was deprived of the immediacy of these broadcasts because he could hardly happen to know the result, unless he lived near a tape machine, which is not the case with the people with whom I am concerned. Let those who cannot stand, walk, or see, hear their favourite football match by the fireside, and let the football people come together to make this possible.
12.35 a.m.
I am going to have the same trouble in keeping within the rules of order as the hon. Member for Morecambe and Lonsdale (Sir I. Fraser). It so often happens that when we are dealing with matters affecting the B.B.C. we do get out of order, because it is not fully appreciated what are the powers of the Postmaster-General vis-à-vis the B.B.C. The powers of the Postmaster-General are largely technical and I do not propose to repeat them—I have explained them on many occasions from this Box. But so far as programmes are concerned, it has been the policy of this Government and previous Governments to leave the content and the fees paid to the B.B.C.
I am authorized by His Majesty's Government to say that our position is as follows: that the Government desires that the reasonable and legitimate interests of all the parties concerned should be adequately and fairly safeguarded. They consider, however, that the present problem is one that can best be resolved by mutual consultation between the parties directly concerned. The Government would deplore a failure to reach agreement, the consequences of which might be to deprive large numbers of the public, particularly the sick and disabled, of opportunities of enjoying, as they have been in the habit of doing, broadcasts of football matches.
They trust, therefore, that in their endeavours to reach a satisfactory solution of this problem all the parties will keep in mind the very wide interest taken in these matters by the public at large and will do their best to come to an agreement which will enable the broadcasting of football matches on Saturdays to continue.
That is the position of the Government. What is taking place at the moment? I understand that the Football Association has always been in favour of the broadcasting of football matches. The trouble lies with the Football League. The Football Association have invited the B.B.C. and the Football League to send representatives to a meeting, which is to go into this problem to see if some modus vivendi can be established.
When I first heard of this ban I found it very difficult to describe my feelings with any degree of restraint. It is noticeable that the Press generally has condemned the ban. We have no power over the Football Association or the Football League. We can only hope that wiser counsels will prevail, because there is not the slightest doubt that not only are the blind and the sick affected, but there is the question of Service men. Why should not people in home waters in His Majesty's ships listen to "Pompey" when they are playing at home? It seems to me a very shortsighted policy.
I feel constrained to say that if a football team can afford to pay £30,000 for the transfer of a player they can afford to allow broadcasts of football matches. I think that the Football League have been very shortsighted indeed in this matter, and I do not accept the view that because football matches are broadcast the gate is bound to fall. In fact, there may be many people who are attracted to football by hearing broadcasts or seeing television.
I am sure—and I believe that this goes for other Members—that listening to the broadcast of a football match is not the same as going to see the football match. I do not think it keeps any football fans away. We can only hope that some understanding will be reached and that the public, especially those who cannot go to football matches, will have the advantage of listening to the broadcasts and, if need be, seeing the matches on television.
12.41 a.m.
I am sure that the House and the country will welcome the statement of views expressed by the Assistant Postmaster-General. This ban was imposed on 2nd June. As far back as 4th June the Manchester Welfare Services Committee carried a motion condemning it. On 4th June also, I tabled a Motion in the House condemning it. Now there are discussions taking place from which I feel that we are likely to reach a satisfactory conclusion.
The ban is repugnant to the whole tradition and spirit of sportsmanship in this country. Sport has never been governed here by pay-box or turnstile proceeds. It has been something which has been part of the great tradition of the British people, something that has made us unique in the world. It is because of our sportsmanship and sense of fair play that we have been able to play our part, a balanced part, in the counsels of the nations. Let us keep that spirit. I fervently hope that from the conversations that will shortly take place, the blind, the sick, the aged, and serving men and women on duty at home and overseas, will again have an opportunity of keeping in touch with the matches as they have done hitherto.
I am very happy that this conference is to take place. Let no words of ours do anything to mar the possibility of a satisfactory conclusion. The whole credit and honour for lifting the ban will belong to the football clubs. There is no question of any section of the community try- ing to make any capital out of this; the only desire is to redress an injustice. Let us hope that we shall be able to extend to the Football Association and the Football League the congratulations and appreciation of all those disabled sections of the community and of the whole people on the lifting of a ban which should never have been imposed; and let us hope that we shall live happily ever after as far as the future broadcasting of football matches is concerned.
12.43 a.m.
I wish to join with those who have preceded me in deploring the action which was taken in this matter, and on which we all hope there will be second thoughts. My hon. Friend and the hon. Gentleman opposite have touched on the most important aspect of the problem, that is, the hardship caused to the elderly, those who are in hospital, and those who, for many other reasons, are unable to enjoy watching football matches. I also recognise, as other hon. Members do, that there must have been some compelling reason for this suggestion even to have been put forward. I hope when this conference does take place one possible solution will be considered, namely, that broadcasts should take place as at present, but that the names of the teams should not be announced beforehand.
In this way there will be no danger of any possible reduction in the gates either of the match being broadcast or of any of the other matches being played that day. At the same time, anyone who wishes to listen in to a good football match on a Saturday afternoon will be able to do so. I think that might provide a solution which would help both sides in this controversy. In any case, I am sure all hon. Members join together in wishing to ensure that what is very much a feature of our sporting Saturday afternoons is not destroyed by any considerations which so far have been put forward as governing this controversy.
12.45 a.m.
I am sure that the hon. Member for Colchester (Mr. Alport) is not a soccer fan. The idea that interest can be aroused by not announcing the names of the teams is to display a remarkable misunderstanding of the feelings of those who listen to broadcasts, particularly the folk the hon. Member for Morecambe and Lonsdale (Sir I. Fraser) has in mind, the invalid and the sick, who, but for their infirmities, would be present at the match. They feel passionately that they want one side to win.
The hon. Member has misunderstood me. The names should not be announced in the "Radio Times" but, obviously, should be announced at the opening of the broadcast.
What we want is not the broadcast of one match, but the broadcast of a number of matches, as at present, so that people living in the South can listen to a southern team and people in the North to a northern team. The lives of people are brightened when their team wins and are correspondingly downcast when they lose. I think the Football League needs to bear in mind that the broadcasting of matches is very much tied up with morale at the time of year it is wanted.
That is one reason why I am glad that the hon. Member for Morecambe and Lonsdale has initiated this debate. I think the Football League should bear in mind that they are not just free to do what they like. In our country public opinion does matter, and I think it is true to say that public opinion has been outraged by the decision to ban these matches. Perhaps if they manage to work out arrangements with the Football League, the B.B.C. will do something to improve the broadcasts. We had an example recently in the boxing broadcast by Raymond Glendenning, who by his remarkable partisanship, managed to surprise listeners when the British boxer won.
It was a wonderful broadcast.
I heard it twice and I thought it was terrible.
I only use the broadcast of this boxing match as an example.
The B.B.C. need to show greater interest in broadcasting on Saturday afternoon. It is not sufficient to come to an arrangement with the Football League, and to put all the blame on the Football League. The B.B.C. have a responsibility in this matter and should be prepared to put their hands in their pockets to meet the needs of listeners. Furthermore, they have to train people to do this job. The possession of an old school tie or a first-class honours degree is not an essential qualification for broadcasting a football match. People who have played the game, or who understand it, or who even have d love for the game, would prove better. I cannot imagine that the hon. Member for Colchester would have been a very good broadcaster.
I do not know why the hon. Gentleman should pick on me. Colchester United are in the Third Division. I do not know whether Dudley has a football team.
It has a very good football team, indeed. If the hon. Member came up to our part of the world, he would see good football played. He has only to come to a game by Stoke City or Wolverhampton Wanderers or West Bromwich Albion. Dudley will get to Wembley long before Colchester. Perhaps we could even arrange a match between us. In any case, if he likes I will play, and so can he.
The hon. Member showed, this evening, no especial love for soccer. I thought he was a Rugby man. At any rate, he sounded like one. I meant, of course, not the school, but the game of Rugby. If one is to broadcast, one must have a love of the game and understand it. One must also understand the point of view of the people on the cheaper sides of the ground. That is what I think is wrong with football broadcasting—it is far too superior, too B.B.C. One needs to understand the language and the idiom of the people who are interested in soccer and who, not being fortunate enough to be able to see it played, listen to the B.B.C.'s broadcasts.
I hope that the Postmaster-General will use his good offices in this matter and bring to bear the utmost influence in an endeavour to ensure that this abominable ban is lifted.
Question put, and agreed to.
Adjourned accordingly at Nine Minutes to One o'clock.