House of Commons
Tuesday, March 23, 1954
The House met at Half past Two o'Clock
Prayers
[Mr. SPEAKER in the Chair ]
Oral Answers to Questions
Ministry of Works
Royal Parks (Revised Regulations)
2 and 3.
asked the Minister of Works (1) if he can yet announce the necessary alteration in Regulations to allow an amateur photographer to use a camera mounted on a tripod in the Royal Parks without the inconvenience of obtaining a permit from his Department;
(2) what progress has been made in the review of Regulations governing the Royal Parks; and if he will state what changes are contemplated.
I hope shortly to lay before Parliament revised Regulations for St. James's Park and Green Park. Regulations in respect of other parks will follow as quickly as possible. I intend to simplify the Regulations and to remove unnecessary restrictions, including the requirement that an amateur photographer must have a permit to use a camera with tripod.
Is the right hon. Gentleman aware that it is a matter of great joy to me to have the unusual experience of congratulating him on the action he has taken?
Stores Theft, Fort Halstead
4.
asked the Minister of Works if he has considered a case of theft from Fort Halstead, particulars of which have been sent to him, when a man was convicted of the theft of radio equipment; and, in view of the secret nature of the work carried out there, what steps he is taking to screen personnel and to prevent the occurrence of such incidents in future.
Yes, Sir. The stores involved in this case were not secret. Nevertheless, since this theft additional measures have been introduced at Fort Halstead for the safeguarding of stores.
Is the Minister aware that I live quite near to Fort Halstead and that there is much local comment on the lack of adequate security measures, although I have no proof? Will he have further inquiries made and tighten them up?
Yes, Sir. It is very important that the security measures at this establishment should be adequate.
Public Building (Starlings)
5.
asked the Minister of Works if he has taken note of the experiments made in United States cities to reduce the nuisance of starlings roosting on public buildings, and, in particular, of the recent successful gramophone records experiment; and if he will obtain particulars with a view to trying this out in London and elsewhere.
I am aware of these experiments and am considering whether I can take similar steps.
Can the Minister say whether the tune played is "Bye-Bye Blackbird"?
Artists (Commissioned Works)
7.
asked the Minister of Works the total sum from all sources spent in the last three years on commissioning work from living artists.
In the three years ending 31st March, 1954, I have spent £933 on commissioning paintings and drawings and £17,860 on sculpture.
Albert Memorial (Repairs)
8.
asked the Minister of Works what repairs to the Albert Memorial he has approved; and what the cost will be.
I have approved work needed to preserve the fabric from further deterioration and to remove the risk of accidents and for the repair of the war damage visible from the ground. This includes the restoration of the orb and cross. The cost is provisionally estimated at £7,000.
Is not all this a monumental waste of money? Is the Minister aware that he could have the whole site quickly cleared for nothing if London school children were given a day's holiday for the purpose?
No, Sir, I do not think so. I conceive it to be our duty to look after the memorials of those who have served the country well.
Employment
Disabled Persons
9.
asked the Minister of Labour the number of disabled persons the Cornwall Education Committee must employ; what is the number they actually employ; and whether he will give similar figures for the Cornwall school meals service, separately.
For the purpose of the Disabled Persons (Employment) Act the Cornwall County Council is the employer required to employ a 3 per cent. quota of disabled persons and it is meeting its statutory obligation. The Council is not required to furnish details separately of disabled staff employed in its various services.
Is the Minister aware that a short time ago I wrote to him about the case of an ex-prisoner of war of the Japanese, a man handicapped and unemployed, who had applied for a part-time post in the school meals service for which he was quite capable, and that a married woman was appointed to that post? In view of the fact that there are so many thousands of handicapped unemployed, does not the Minister think that local authorities and Government Departments ought to deal sympathetically with applications from them, rather than choose the most efficient person for the job?
I think that they do so wherever they can. The general principle was examined in 1947 by the National Advisory Council on the Employment of the Disabled, who then decided that it was impossible to make the sort of emendation for which the hon. Gentleman is asking.
14.
asked the Minister of Labour the number of disabled men and women, respectively, who have been registered in Cardiff as unemployed for more than six months; and what steps he is taking to deal with this problem.
At 7th December, 1953, there were, in Cardiff, 191 registered disabled men and five registered disabled women, capable of ordinary employment who had been unemployed for more than six months. My local officers are doing all they can to help these people find suitable work.
While appreciating that the local officers are as helpful as they can be, may I ask the Parliamentary Secretary whether I am right in assuming that these figures indicate an increase in the number?
To be fair, I should say that they indicate practically no change. There is actually a decrease of two or three, but I hardly think that that is material.
Woodworkers, Sunderland
10.
asked the Minister of Labour what action he is taking to provide employment for woodworkers in Sunderland.
The employment exchanges are making every effort to place in jobs in other areas those of the 69 unemployed woodworkers who are prepared to move. There are signs that a number of others will be reabsorbed locally without much delay.
While fully appreciating what the hon. Gentleman's Department is doing, may I ask him to keep this matter under review, because there is some concern about prospects in the trade?
Yes, I will. I think that some of this was due to the recent spell of cold weather.
Does not my hon. Friend agree that the position may be rather worse than is shown by the figures, because a number of men do not register as unemployed immediately as normally they hope to take up employment shortly in another job?
I think that some of these also fall into the category of building workers temporarily out of work due to the cold weather, but we hope that the position will recover itself.
North-East Coast Shipyards
11.
asked the Minister of Labour whether he will institute an inquiry on future employment trends in the North-East Coast shipyards.
No, Sir. Evidence of future employment trends is already regularly examined by my Department and the Admiralty, and an advisory committee, including representatives of employers and workers in the industry, keeps the situation on the North-East Coast and elsewhere under review.
Is the hon. Gentleman aware that the regional inter-departmental working party did a very good job of work in 1949–50, but that their calculations were thrown out by the Korean war? Would not he agree that it is time to reopen the matter?
The answer is that this is a very able committee, as I think the hon. Gentleman will agree. It last met on 4th February this year, so it is keeping the situation under review. If it gives us any advice, we shall consider it most carefully.
Is my hon. Friend aware that the best action he can take in this sphere is to make powerful recommendations to the Chancellor of the Exchequer, firstly, in relation to depreciation and, secondly, in relation to the general tax position of the whole shipping industry?
I will bear in mind what my hon. Friend has said.
National Service (Evasions and Deferments)
12.
asked the Minister of Labour whether he will consider taking steps to make it an offence to evade National Service by applying to take a course abroad and then continuing to stay out of the country until the applicant is 26 years old.
The proposal would involve amending legislation and, on present information, my right hon. and learned Friend is not satisfied that this would be justified.
Will my hon. Friend bear in mind, however, that these people have to make application to his Department? Are there not ways, by means of a regulation, by which an offence could be created which could continue after the age of 26 years?
I will undertake to look at that, but I do not think that my hon. Friend, or anyone else, would want to stop a boy going abroad if it were necessary for his education.
Does my hon. Friend realise that something must be done about these "artful dodgers," because it is quite intolerable that those chaps who have to undergo hardship through National Service should see other people getting away with it in this way?
Have there been many cases of this kind?
As my right hon. and learned Friend said in the House the other day, he is satisfied that there is no considerable evasion on the lines suggested. He said that after looking into the position.
Is my hon. Friend aware that there is no objection to these people going abroad for legitimate reasons, but the point is that when they have got abroad they continue to stay away in order to dodge National Service? When they make their application cannot they be made to give an undertaking that they will come back?
I will certainly look at that point.
Can any arrangements be made to call up these gentlemen when they return to this country? Cannot some special regulation be made to deal with the matter?
That is a suggestion which I should like to consider.
Is the hon. Gentleman aware that the Question seems to indicate that those who stay in this country are called up fairly, whereas of course 30 per cent. of those in this country are never called to the Services?
If the hon. Gentleman means, though I hope that he does not, that the call-up is working unfairly, I must say that that is quite a false impression to be bandied about. National Service does work fairly and equally among all the people involved.
13.
asked the Minister of Labour the numbers of those eligible for National Service who were deferred during the years 1948, 1949, 1950, 1951, 1952 and the first half of 1953; how many of those deferred were called up during those years; and how many of those called up after being deferred were rejected on medical grounds.
As the answer to the first two parts of the Question includes a table of figures, I will, if I may, circulate it in the OFFICIAL REPORT. AS regards the last part of the Question, medical examination records do not differentiate between men who have been deferred and others.
Might I ask the Parliamentary Secretary why, to bridge the gap, he gave me the figure of 75,000 in the Adjournment debate last week? If the figure of 75,000 was to be taken from those who were examined and deferred, it would show that 25 per cent. were unfit after deferment. The position needs to be looked at and a closer investigation made.
As I told the hon. Gentleman in the Adjournment debate, he has got his figures wrong. He will have received a letter from me in which I offered to give him the full facilities of my Department to explain where he was wrong and so that he could examine all the facts. We really cannot do that in question and answer.
Might I ask the hon. Gentleman why he supplied me with the figure of 75,000 medically unfit when now he admits that the figure is not correct, because he said that he does not know?
I do not admit that it is not correct. I said to the hon. Gentleman during the debate that the figure of 75,000 was the nearest and fairest estimate that my Department could provide.
Following are the figures:
Year Estimated number of men granted deferment during the year Estimated number of men called up during the year on expiry of deferment 1948 80,000 22,000 1949 105,000 44,000 1950 110,000 62,000 1951 105,000 57,000 1952 125,000 54,000 1953 (first half) 63,000 31,000
Scotland
Dental Students
15.
asked the Secretary of State for Scotland what steps he is taking to arrest the decline in the number of dental students entering Scottish dental schools.
I am afraid that the position cannot be influenced directly by any action open to my right hon. Friend. The Dentists Bill, which will be reintroduced as soon as Parliamentary time permits, embodies a plan for expanding dental services for the priority classes. By giving the dental profession full self-government and thus raising its status, I hope the Bill will also stimulate recruitment to the profession.
Is the right hon. and gallant Gentleman aware that the trend of entries to the Scottish dental schools is really alarming; that it has dropped from, I think, 155 in 1946, to an estimated figure of 70 last year? Would his right hon. Friend consider having consultations with the Scottish dental schools and the Scottish universities with a view to doing something, by co-ordinated planning, to increase the entry.
The situation is not good, as the hon. Gentleman has indicated. My right hon. Friend will look into the matter.
Would my right hon. and gallant Friend do his utmost to accelerate the re-organisation of the dental hospital in Glasgow, the extension of which is most necessary if further students are to to be attracted to the school.
Is the right hon. and gallant Gentleman aware that in Glasgow a committee set up to govern the admission of dentists after they have gone through their course sometimes keeps them from serving in their profession for almost 1½ years before they can start in practice themselves?
I will bear in mind what the hon. Gentleman says.
School Dentists
16.
asked the Secretary of State for Scotland the number of school dentists in Scotland at the latest available date, for October, 1951, and for June, 1948.
In December, 1953,there were 161 dental officers in the school dental service, the highest number ever reached. In October, 1951, the number was 100, and in June, 1948, it was 131.
Health Service (Dental Treatment)
17.
asked the Secretary of State for Scotland the number of dental courses given under the National Health Service in Scotland to expectant and nursing mothers and those under 21 years of age since the charge for dental treatment, from which these priority classes are exempt, was introduced in June, 1952, to the latest available date; and how this figure compares with that for the comparable period before the charge was imposed.
The total number of courses of dental treatment provided under the general dental service to members of these priority classes in the period June, 1952, to January, 1954,was 855,300. The number in the period June, 1950, to January, 1952, is not known precisely but is estimated at 340,000.
Does not my right hon. and gallant Friend agree that these figures show a very satisfactory move in the right direction and that they indicate that the dental charges are in effect having the result which was intended of making personnel and facilities available to give treatment to the priority classes which need it most?
Very satisfactory.
Glenrothes Corporation Staff(Resignations)
18.
asked the Secretary of State for Scotland how many members of the Glenrothes Corporation staff have resigned in the last six months; and what were the reasons advanced for such resignations.
Since 31st August, 1953, five members of the Corporation's staff have resigned or intimated their intention to resign. While the Corporation do not require their staff to furnish reasons, my right hon. Friend understands that all the persons concerned are taking up appointments elsewhere.
Can the right hon. and gallant Gentleman state whether the figure includes manual workers, such as gardeners? Is he aware that there has been some alarm among the Corporation's staff since additional publicity was given to the population target of 18,000? Can he state when the Corporation was officially informed that 18,000 was the maximum to be aimed at within the next 20 to 25 years?
I cannot give the hon. Gentleman the information which he asks for in the latter part of his supplementary question but, if he will put a Question on the Order Paper, I will see that the information is made available. As to the first part of his supplementary question, the five resignations are those of a quantity surveyor, an architect, a deputy legal adviser and two clerks of works.
Gin Traps
19.
asked the Secretary of State for Scotland whether his attention has been called to the case of the golden eagle which plunged into Loch Ness and was drowned, with a steel-toothed trap, from Which it had been unable to free itself, dangling from one of its legs; and if he will ban the use of steel-toothed traps at the earliest possible moment.
I have seen Press reports of the incident. Pending the enactment of the Pests Bill, now under consideration in another place, my right hon. Friend has no power to impose a ban on the general use of the gin trap.
Does my hon. Friend appreciate that this trap must have been laid in the open and must, therefore, have infringed the law, because no great bird like this could possibly have got into a burrow? Will he take steps at the earliest possible moment to ensure that these great and unusual birds are safeguarded just as other animals are?
Under the Wild Birds Protection Act it is an offence to lay a trap in the open to catch birds.
Slaughterhouses
20 and 21.
asked the Secretary of State for Scotland (1) what action he has taken on the interim report of the Inter-Departmental Committee on Slaughterhouses (Scotland); and whether he has issued guidance to local authorities on the subject;
(2) what legislative action he proposes to take to implement the recommendations of the Inter-Departmental Committee on Slaughterhouses (Scotland) so as to ensure that the new powers for local authorities will be in operation before the decontrol of meat.
A Bill has been introduced in another place to give effect to the recommendations in the Committee's Interim Report. My right hon. Friend is in touch with the Scottish local authorities on the matter.
Has my right hon. and gallant Friend circularised local authorities, meat traders and farmers in accordance with paragraph 29 of the Interim Report so that there shall be close consultation with a view to the provision of adequate slaughtering facilities in the export areas?
A circular has been issued to the local authorities.
25.
asked the Secretary of State for Scotland for a statement on the siting of slaughterhouses in Scotland.
The Scottish Committee on Slaughterhouses are still considering the long-term problem. Recently they submitted an Interim Report on the arrangements necessary to ensure a satisfactory slaughtering service when meat is decontrolled this summer; and a Bill has been introduced in another place giving effect to their recommendations.
Since the solution of the long-term problem of slaughtering is of great importance in connection with the marketing of meat, can the right hon. and gallant Gentleman say when the Government hope to be able to give some indication how far they will go in arranging for beasts to be slaughtered locally?
The hon. Gentleman had better await the Report of the Committee. As he says, it is an important matter, and we ought to give the Committee adequate time to consider what improvements are necessary.
Is my right hon. and gallant Friend satisfied that sufficient slaughterhouse facilities will be available in Scotland in July of this year?
We believe that that will be the case.
Can the right hon. and gallant Gentleman tell us how much longer Kilmarnock will have to wait for a replacement of its present completely unsatisfactory slaughterhouse?
If the hon. Gentleman will put a Question on the Order Paper, I will endeavour to give him an answer.
Clyde Valley (New Town)
22.
asked the Secretary of State for Scotland if he has now decided to accept the recommendation of the Clyde Valley Planning Advisory Committee that a new town be established at Cumbernauld.
My right hon. Friend still awaits the Committee's report on the administrative machinery which they wish to recommend for this and other developments they have under consideration.
Will the right hon. and gallant Gentleman state which Committee it is? Is it the Clyde Valley Planning Advisory Committee or the Glasgow Corporation Committee?
It is the Clyde Valley Planning Advisory Committee, which is referred to in the Question.
Will the right hon. and gallant Gentleman ask the Committee to take into consideration the fact that the Minister of Transport has now authorised the improvement of the Glasgow—Stirling Road and that it would be an economy for the proposed new town and the new road to dovetail as part of one great project?
I will keep that in mind.
Teachers' Superannuation Fund
23.
asked the Secretary of State for Scotland the reasons for the delay in completing and auditing the accounts of the Teachers' Superannuation Fund for each of the years 1951, 1952 and 1953; and if he will take steps to expedite this matter.
Before the account for any given year can be compiled, the particulars of contributions paid, given in the returns made by the teachers' employers after the end of the year, must be checked. For the years 1951, 1952 and 1953, an exceptional number of inquiries had to be made about the particulars relating to teachers whose contributions were affected by Regulations made in 1948 in consequence of the bringing into operation of the National Insurance Scheme. The accounts for 1951 and 1952 will be ready for audit in the next three weeks, and the account for 1953 should be ready by July.
Is the right hon. and gallant Gentleman aware that in a written reply to me on 11th March the Secretary of State admitted that the accounts for 1950 had not yet been audited? Will he agree that, for proper consideration to be given to the Bill now before Parliament, it is most essential that the audited statements and figures for the years in question ought to be provided? Is it not also reasonable to expect that at least the figures up to 1953 should be available? Will the right hon. and gallant Gentleman take the Bill back until the figures are available?
My information is that the proposal to increase the teachers' superannuation contributions is not dependent upon the details to be furnished in respect of the teachers' superannuation accounts.
Teachers' Training Regulations(Applications)
24.
asked the Secretary of State for Scotland how many applica- tions have been received by the Education Department subsequent to the introduction of the amended Training of Teachers Regulations, No. 1121, in July, 1953; and how many have been admitted for training.
One hundred and fifteen women were interviewed by the National Committee for the Training of Teachers as being in their view eligible for consideration under the amendment and 85 were accepted. Seventeen of those accepted later obtained the qualifications which were necessary for admission prior to the amendment.
Does the right hon. and gallant Gentleman not agree that experience of the Regulations does not justify the Government's statement when they were introduced and that the results show that the debasing of the Regulations is leading to a lowering of the standards of the whole teaching profession?
I do not accept that.
Ministry of Defence
Chaplains (Pay)
26.
asked the Parliamentary Secretary to the Ministry of Defence why chaplains have been excluded from the recent pay increases of Service officers; and whether some action will be taken soon to raise the pay and status of this small but important branch of the Service.
As stated on page 4 of the recent White Paper on Service Emoluments (Cmd. 9088), consideration is being given to the pay of chaplains. An announcement will be made as soon as possible.
I thank my hon. Friend for that encouraging answer. May I take it that he agrees that in the Armed Forces of a Christian nation chaplains should be given proper status?
Yes, Sir.
Will the hon. Gentleman take into account the fact that there is a great strain on chaplains these days in that they have to try to explain how atomic and germ warfare can be reconciled with the principles of Christianity? Will he arrange for a refresher course for these gentlemen to be addressed by the Archbishop of Canterbury so that these matters may be cleared up?
Aircraft Developments (Press Information)
27.
asked the Parliamentary Secretary to the Ministry of Defence if he is aware that the latest details of aeroplane and other developments are given on the wireless and in the Press; and what steps he takes to ensure that the national interest is not prejudiced by publication of such details.
Arrangements exist for consultation with the Press and the British Broadcasting Corporation to ensure that the national interest is not prejudiced by premature publication of information of the kind to which my hon. Friend refers.
I thank my hon. Friend for that answer, but does he think it wise to broadcast all the latest developments in our defence armaments? Will he consult the Service chiefs and take some action on their recommendations?
The Service chiefs, naturally, have this matter very much in mind. I can assure my hon. Friend that there has not been any breach of security recently.
Service Conditions
28.
asked the Parliamentary Secretary to the Ministry of Defence if he will appoint a committee to examine the conditions of men serving in the Army, Royal Navy and Royal Air Force, and make such proposals to Parliament as will add to the general well-being of all concerned.
No, Sir.
While I thank the Minister for the meticulous care he has taken and for the wealth of detail which he has given the House, might I ask whether he is aware that men in the technical and educational branches of the Forces are kept waiting for additional money after passing tests, that there is great difficulty about leave, especially in the case of men serving overseas, that profit is being made out of new recruits in respect of soap and polish, and that many of our men are sleeping in two-tier bunks? Is it not time that the conditions of the Forces were overhauled to ascertain whether we can give the men the decent conditions that they deserve?
The hon. Gentleman's complaints are detailed and various. I should be very pleased to look into them, but I do not feel that it would be appropriate for me to attempt to deal with them now.
National Service and Industry (Conference)
29.
asked the Parliamentary Secretary to the Ministry of Defence the purpose of the conference which he addressed at Leamington on 17th March, 1954.
To consider co-operation between industry and the Services so that the National Service scheme can be worked to the best advantage.
Does the Minister think that the National Service scheme is helped by such remarks as he is reported in "The Times" to have used at this conference, to the effect that recruits are not ineducable but are uneducated? Did he consider consulting the Minister of Education before he passed such a remark?
The hon. Gentleman knows very well that an interesting paper was published by the War Office giving the exact figures of educational standards. What I was saying was that, in fact, they had succeeded in raising 90 per cent. of illiterate Regular recruits to reasonable standards.
Did the Minister insist that the Press should be excluded from the conference?
The hon. Gentleman has put down a Question to the War Office, and I do not want to shorten his pleasure of anticipation.
In view of the importance of this question to the teaching profession, I beg to give notice that I shall raise this matter on the Motion for the Adjournment.
34.
asked the Secretary of State for War why the Government requested that the Press should not be invited to attend the conference on industry and National Service organised by the British Association for Commercial and Industrial Education.
It was agreed by both the association which sponsored this conference and the Service Departments whose representatives were to attend that the discussions would be more frank and profitable if the sessions were held in private. From what I have heard of the proceedings, which were most valuable, I think that this was the right decision.
Is it not a fact that it was not by mutual agreement but at the request of the War Office that this conference was held in secret, and that fact was reported in "The Times" last week? What has the Secretary of State got to hide that he would not allow a conference of this character, discussing the impact of National Service on industry, to be held in the open so that the public might know what is going on?
I am not aware that one side or the other took the initiative in suggesting that the Press should not attend. Many conferences are held without the Press attending. This conference is a part of a much wider examination. There is nothing to hide, and, in due course, the Press will be made fully aware of its outcome, as indeed they have been already, by a Press handout on the subject.
If the proceedings of this secret conference were of national importance, and, obviously, they must be, since National Service is a matter of concern to all citizens in the country, can we take it that the Government will have a full report placed in the Library of the House?
I prefer to call it a private conference rather than a secret one. Of course, when a final conclusion is come to—and this is only one step in a series of conferences—obviously the public and Parliament will be made fully aware of it.
In view of the less than frank reply of the Minister, I beg to give notice that, at the earliest opportunity, I shall raise this matter on the Motion for the Adjournment.
British Army
Personal Case
30.
asked the Secretary of State for War whether he will reconsider his earlier decision in the case of 22768090 Lance Corporal W. B. Cosslett, of 3, Spring Street, Cadoxton, Barry, in the light of subsequent correspondence with the hon. Member for Barry; and whether he will now grant a compassionate posting or compassionate leave in this case.
My right hon. Friend has carefully reconsidered this case but can find no grounds for reversing his earlier decision.
Did the Minister take into account the details of a similar case of an R.A.F. man who was given these facilities, and will he review the question of postings in the Army to bring it more into line with the other Services?
The case of the R.A.F. man to which my hon. Friend refers was not on all fours, but we did take it into consideration. As regards the possibility of compassionate posting, as I have often said, it really is an unworkable proposition for the Army at the present time; it was given up in 1947, and we cannot reintroduce it just now.
Why is it any longer necessary to have such a lot of figures preceding the names of people in the Forces? Is it not possible to reduce the number?
I do not believe that they are any longer now than they were in the right hon. Gentleman's day.
Has it not always been a boast on the part of the Government that they are capable of improving the position?
Is this part of the psychological warfare to indicate that we have 22 million men under arms?
I hope it may have that effect in the right quarter.
Would the hon. Gentleman tell the House why the Army is so loath to agree to cases where compassionate home posting ought to be granted? Is he aware that I sent him a case from my own constituency which was simply appalling? Surely, he could get upside with the other Services in looking after these cases?
The other Services have not exactly the same problem as the Army. If the case is an appalling one—and I use the hon. Member's own description—I will certainly look into it. It would, however, be a question not of posting but of compassionate leave or discharge.
Bands (Fees)
31.
asked the Secretary of State for War the income received by Services bands playing at functions other than for the Army Benevolent Fund and other charitable objects; and how much of these fees went to the Army bandsmen and how much to a regimental pool.
I regret that receipts are not recorded centrally. For orchestral and dance band engagements, 20 per cent. of the profits goes to the band fund and 80 per cent. to members of the band. For military band engagements the shares are generally rather less, since from 5 to 10 per cent. of the total annual profits are credited to public funds.
Is the Minister aware that it is alleged that the Army undercut their fees for playing at these events, and can he tell us what he is doing about this particular matter?
I know that has been said, but such cases as we have looked into have not been able to substantiate that allegation. The Army Council Instruction lays down quite clearly that there is to be no undercutting, because it says that the proposed fee should be at a rate not below the commercial scale appropriate to, and accepted in, the locality by civilian bands of equal strength.
Will the hon. Gentleman tell the House what proportion of the 80 per cent. goes to the bandmaster and how much to the bandsmen?
Yes, Sir. Twenty per cent. goes to the bandmaster, and, of the remainder, a senior N.C.O. gets four shares, a first—class player—and most of them are first—class—gets three shares, a second-class player gets two and a half shares and other players get two shares.
Welbeck College (Scottish Entrants)
32.
asked the Secretary of State for War how many pupils have been accepted for Welbeck College to date; how many of these are from Scottish schools; and what further steps he proposes in order to attract a suitable proportion of Scottish boys to become candidates for commissions in the Technical Corps.
Of the 123 boys so far accepted, five have come from Scottish schools. My right hon. Friend hopes to get more Scottish boys and further publicity for Welbeck College will be given in Scotland. It is also hoped that headmasters of Scottish schools will soon have an opportunity to visit the college.
Does the hon. Gentleman feel that the publicity will have helped? Is not the difficulty at Welbeck simply that the two nations have two different school systems, and that the War Office has quite rightly set up a school which fits into the system of the larger nation? Is it not now necessary to take some additional steps in order to attract Scottish boys?
It is true that there were some teething troubles owing to the difference between the English and Scottish educational formulae, if I may put it that way. My countrymen are sometimes accused of having a native caution, and it may be that they are looking at this scheme very carefully before they go into it. We think that the numbers will increase, and, although they are still small, they are, in fact, increasing already.
South African War Veterans
33.
asked the Secretary of State for War if he is aware that veterans of the South African war are in financial difficulties and are receiving very little from the South African War Fund; and whether he will take steps to help these old veterans by other means than that of National Assistance.
I am not aware of any financial difficulties peculiar to veterans of the South African war.
Is the Minister aware that these veterans are receiving from the South African Veterans' Fund 5s. and 7s. 6d. per week? Is he also aware that the cost of living has risen since then a great deal, and will he consider the matter in reference to the present cost of living, and also consult the Charity Commissioners?
I have, of course, noticed the rise in the cost of living since the South African war. But the question of the administration of this Fund is not for the War Office but for the Charity Commissioners. We have no responsibility, but I have no doubt that if the hon. Gentleman were to approach my hon. Friend the Member for Salisbury (Mr. J. Morrison), who represents the Charity Commissioners, he would be able to get more information.
Will the Minister give the assurance to the House that he will not give any priority to these people over the Crimean veterans?
Trade and Commerce
Welsh Products (Exports to America)
35.
asked the President of the Board of Trade the approximate aggregate value of the products of Wales which are at present imported annually into the United States of America; and what steps he will take to increase this trade.
Exports of the products of Wales are not separately recorded either in the United Kingdom export statistics or in the United States import statistics. As regards the second part of the Question, I would refer my hon. Friend to the answer given to the hon. and learned Member for Aberdeen, North (Mr. Hector Hughes) on 11th March.
Will the Minister bring to the attention of exporters the advantages of the South Wales ports, which have an unparalleled record of good labour relations?
I agree with what my hon. Friend has said. I should like also to pay a tribute to the keenness of South Wales industry to make a contribution to the export trade. I attended an export conference recently in South Wales which was called together for that particular purpose.
Fforestfach Trading Estate (Factories)
36.
asked the President of the Board of Trade the number of factories in use on the Fforestfach Trading Estate; how many are vacant; and the potential capacity of the estate when fully developed.
There are 14 factories on this Estate, one of which is at present untenanted. Over 100 acres are available for building; there is thus ample room for further factory space for any suitable industrial applicants who may come forward.
Will the Minister satisfy himself that equal opportunities are available to each of the trading estates in Wales to secure new business, rather than to concentrate it on one particular estate?
I am not sure that I know what the hon. Gentleman has in mind, but we will sympathetically consider any suitable applicant that comes forward.
Films Industry (Dispute)
39.
asked the President of the Board of Trade whether his attention has been drawn to the dispute between the Association of Cinematograph and Allied Technicians and the Film Laboratory Association together with its associated member Technicolour Limited; and whether he will give an undertaking not to depart from his policy of refusing permits for excessive numbers of prints of films to be imported from other countries and not grant facilities for British newsreels processed abroad to be imported.
I am aware of this dispute. News films may be imported freely under open general licence. As regards foreign films other than newsreels, normally not more than three prints are admitted. My right hon. Friend does not propose to modify these existing facilities.
Being aware of the dispute the hon. Gentleman would no doubt agree that it would be very wrong for the Board of Trade to take any action to interfere with the normal machinery of settlement, would it not?
I agree with what the right hon. Gentleman has said. No change is proposed at the present in the administration of our existing policy.
National Finance
Economic Survey
40.
asked the Chancellor of the Exchequer when the Economic Survey will be published; and what are the reasons for the delay in publication.
The Economic Survey should be ready to be laid before the House next Tuesday afternoon, 30th March. In no year since 1949 has it been published much earlier than this, because the full balance of payments and national income estimates for the previous year cannot be compiled before the latter part of March.
Is there any truth in the suggestion that publication has been delayed because of the uncertainty of the American position, especially in relation to the fall in American stockpiling, which has upset our calculations?
None at all. We always know where we are going, whatever happens. Last year the Survey was published on the same date, 30th March; the year before nearly a month later, on 22nd April; the year before later, on 3rd April; the year before at about the same date, 28th March; and the year before on 15th March. The only year in which the Survey was published in February was in the middle of the now notorious fuel crisis of 1947.
Will the Chancellor give the House an assurance that the estimates in this Economic Survey will be more accurate than those we had in the Surveys issued by the party opposite?
In order to make sure of answering my hon. Friend's question, I may say that there will be fewer estimates than before.
Is the Chancellor optimistic or pessimistic about the place he is going to?
In view of the statement of the Chancellor that there will be fewer estimates in this Survey than ever before, may I ask whether that is conclusive evidence that he knows where he is going?
Under the previous Administration forecasts were uniformly inaccurate and were never attained.
Crofters Supply Agency (Grants)
42.
asked the Chancellor of the Exchequer what grants the Crofters Supply Agency Limited has received directly or indirectly from his Department to make good its losses from its trading in lobsters.
Interest—free repayable advances totalling £23,000 have been made since June, 1948, from the Development Fund to the Scottish Agricultural Organisation Society on behalf of the Crofters Supply Agency, to meet capital expenditure and to provide working capital in connection with a scheme of lobster storage and marketing. In addition, grants from the Development Fund totalling £8,776 18s. 6d. have been made to the Society to meet deficiencies arising from losses sustained in the operation of the scheme during the three years ended the 31st May, 1951. A further application in respect of the two following years is now being considered.
In view of the consistent failure of this enterprise, would it not be a good idea to stop wasting money in subsidising unsuccessful lobster traders?
Everything that falls from my hon. Friend is considered, but I do not know that I would be right to take so drastic an action on the evidence at present before me.
Is the Chancellor aware that this service is most valuable and is widely appreciated in the Highlands?
Technological Students (Recruitment)
43.
asked the Chancellor of the Exchequer whether he is aware that recruitment of students for technological courses in universities and technical colleges is flagging; and by what means he proposes to stimulate it, bearing in mind the continuing need to increase the numbers of students taking such courses.
In the universities, the number of full—time students taking technological courses (other than architecture) in October last was the same as in October, 1952. The additional assistance which I propose to give for the development of further facilities will, I hope, help to stimulate recruitment. In the technical colleges, there has been no significant change. The Ministers concerned are fully aware of the importance of the hon. Member's Question.
Is the right hon. Gentleman aware that at a recent conference the head of one of the most important technical colleges used this phrase: "Recruitment of students for technological courses is flagging," and will the right hon. Gentleman see that more effort is put behind this programme than in the past year?
I certainly think it is right to put every effort behind the programme and to pay attention to any observations made by the head of any such college.
Is the right hon. Gentleman aware that the position indicated in the Question does not apply to Manchester?
Colonial Office (Ministers)
45.
asked the Prime Minister if he will consider recommending the appointment of an additional Minister of State for the Colonies.
It is not proposed at present to make any additional Ministerial appointments.
Is the Prime Minister not aware of the feeling on both sides of the House that colonial affairs are becoming so vast that they need more than two Ministers in this Chamber? Is he also aware that the Secretary of State for the Colonies has become so peripatetic lately that this, combined with the unfortunate absence of his colleague the Minister of State, has meant that for weeks on end we have had no Minister from that Department at the Box to answer Questions, which is unfortunate both for this House and for the Empire? Will the Prime Minister not think again on this matter, which after all is a nonparty matter?
We should be chary of creating new Ministerial appointments.
Atomic Weapons (Angloamerican Consultation)
47.
asked the Prime Minister what machinery exists for consultation between President Eisenhower and himself as to the use of atomic bombs in the event of war involving both countries.
49.
asked the Prime Minister whether he will seek an assurance from Mr. Eisenhower, as President and Commnader-in-Chief of the United States of America, that in the event of an outbreak of war in Europe the United States of America will not use atomic weapons without prior consultation with the United Kingdom.
46.
asked the Prime Minister whether he will make a statement on the arrangements for consultation between Her Majesty's Government and the United States Government regarding the use of United States retaliatory air power in the event of a hostile attack on an ally of the United States in circumstances which might involve this country in war.
So far as concerns the bases used by the Americans in this country, I would remind hon. Members of the communiqué agreed with the United States Government and issued on 9th January, 1952, when my right hon. Friend the Foreign Secretary and I visited Washington: that was the one arrived at by the right hon. Gentleman the Leader of the Opposition—
On the general question of consultation with President Eisenhower and the United States Government, smooth and friendly arrangements exist for dealing with these matters as with any others of major importance. There is a constant interchange of ideas between Her Majesty's Government and the United States Government, both direct and through the channels of N.A.T.O. I have had intimate correspondence and conversations on these and many other questions with President Eisenhower in the past, and our relationship continues.
I cannot of course foretell the circumstances in which the use of the United States retaliatory air power might be suggested, and, as Mr. Dulles has said, each case would have to be considered in the light of the facts. Speaking generally, I do not consider that any change in our procedure is called for at the moment, nor can I think of one that would be helpful.
Let me assure the House that there is nothing in the whole world of affairs that dominates our thoughts more than the group of stupendous problems and perils comprised in the sphere of atomic and hydrogen developments.
Has the Prime Minister's attention been drawn to the statement by Mr. Lester Pearson, who said in his view consultations should now take place between the various Governments concerned in N.A.T.O. on the problem, and that it should not be left until a unilateral decision might possibly have to be taken when an emergency had arisen? Would he say whether the Government are in accord with Mr. Lester Pearson's views?
The statement which I have made was concerted after considerable discussion and thought with my colleagues. We had before us the statements made by Mr. Dulles and by Mr. Lester Pearson. All was taken into consideration, and I should not wish at the moment to add to what I have said.
Would my right hon. Friend agree that, in so far as there is any anxiety on this subject, it would appear to apply less to Europe, where there is close and constant diplomatic contact between Europe and the United States, than to some other parts of the world where, for example, there might be a Communist insurrection of insignificant proportions resulting in an atomic riposte by the United States which would be quite unwarrantable?
I carefully considered all that aspect and I do not think there would be any great advantage in trying during Question time to go in detail into all the contingencies. I do not think it would be a good thing to have this matter strenuously debated. I do not think so. If I did, I should not hesitate to suggest that the House should devote itself to it. It is remarkable the restraint with which the Press have treated all these matters. I only hope and trust that the nation, and thinking people in it, will not in any way underrate the overwhelming consequence of the developments which are taking place. They fill my mind out of all comparison with anything else.
Service Estimates(Examination)
48.
asked the Prime Minister, in view of the increasing difficulty experienced by the House in subjecting the Service Estimates to adequate examination, if he will move to appoint a Select Committee responsible for the detailed consideration of these Estimates.
I can see no useful function for such a committee beyond that already entrusted to the Select Committee on Estimates which is appointed at the beginning of each Session.
Would not the Prime Minister agree that almost all the arguments which have been advanced by his Government for a standing Select Committee to consider the affairs of the publicly-owned industries apply with even greater force to the Service Estimates? In view of the difficulties of getting not only time but information under the present arrangements, would he not agree that there is a case for a particular Select Committee to discuss the Estimates before they appear before the general Select Committee on Estimates?
I think our custom for the examination of Service Estimates has grown up very regularly and steadily over a long period of years, covering, in fact, the vital history of the House of Commons. When right hon. Gentlemen opposite were in power for six or seven years they did not see fit to alter the procedure in any fundamental way. The fact that arguments have been used about nationalised industries and their coming under review stands somewhat in a different place because, after all, they are much more recent developments.
Hydrogen Bomb Development
50.
asked the Prime Minister if, in view of the revelations of President Eisenhower regarding the power of the hydrogen bomb, he will agree to the appointment of a House of Commons Committee to study and report upon our whole defence effort.
Her Majesty's Government cannot divest themselves of their responsibility for defence in this way. I wish they could.
Does not the Prime Minister think that the statement made by the President that the great invading force which he, as Commander-in-Chief, sent across the Channel to Normandy in 1944 would be of no use in a modern war, is something which a Committee of the whole House could properly consider in relation to our defence effort? Does he not think that a proper inquiry such as this might supply him with courage to join E.D.C. as a full member, to pool our atomic knowledge and production with that of Europe, to unite and put defence on a Continental basis and to offer to Russia the only security that she can have—the good will of a united Europe?
The hon. Member is indicating the conclusion at which he would like the committee to arrive, before I have even been able to assure him that one will be set up. I do not think it would be advantageous to have a House of Commons Committee upon this matter, greatly though I respect the House in all its aspects.
52.
asked the Prime Minister the policy of Her Majesty's Government with regard to the development of the hydrogen bomb in this country.
It would not be in the public interest at the present time to make any statement in reply to this Question.
Is the Prime Minister aware that the concern to which he referred earlier today about his attitude to atomic power is shared by the public as a whole? The public want to know whether the hydrogen bomb, which is 600 times as devilish as the atomic bomb, is now to be produced in this country.
Well, all this requires very careful consideration. Indifference, slothfulness of mind in regard to its terrific effects, is culpable and blameworthy, but I am quite sure that anything like panic would be much more likely to lead to war than to a peaceful solution.
In view of what the Prime Minister said this afternoon, will he instruct the Government atomic scientists and other experts to study the system of international control which may be brought in to abolish these fearful weapons, and will he instruct them to study how the disarmament work of the United Nations may usefully be restarted at an early date?
It was not easy to discover these frightful weapons, but I think that it may be found even more difficult to abolish them. But increasing good feeling in the world may make us secure and enable us to rise above these new but possibly mortal perils.
Heads of States(Consultation)
51.
asked the Prime Minister, in view of the limited agenda at the Berlin Conference and the fact that both the United States Secretary of State and Her Majesty's Secretary of State for Foreign Affairs have declared themselves to be against discussing, at the Geneva Conference, such important matters as the possibly entry of China into the United Nations Organisation, if he will now reopen the proposal that the heads of the big Powers should meet together to discuss, without agenda and without officials, the fundamental questions creating fear and suspicion between them.
I could not agree with any suggestion that the agenda at the Berlin Conference or that proposed for the Geneva Conference have been too limited. On the contrary, they cover fundamental questions. I described the Berlin Conference on 25th February as a very remarkable conference, where some real advantages had been gained, and I referred hopefully to the chances of fruitful results at Geneva. I can therefore only repeat the view I also expressed on 25th of February, when I said:
"I trust that we shall always hold the resource of a meeting of the heads of States and Governments in reserve. I am sure it is a good thing for people concerned in these great affairs to be on speaking terms. It would certainly be improvident to see that resource used lightly, and it would perhaps be disastrous to use it in vain."—[OFFICIAL REPORT, 5th February, 1954; Vol. 524, c. 594-5.]
That I think was generally assented to by the House at the time.
Has the Prime Minister seen some of the rather disparaging remarks made in the United States about the Geneva Conference, as for instance the remark of Mr. Foster Dulles that he hoped to use the conference to bring China before the bar of world opinion? Does he think that that kind of attitude is anything like as hopeful as that which he displayed in his own speech of May last year? As there are so many fundamental problems to discuss, would he give an assurance that he intends to seek again an opportunity to discuss them on a man-to-man basis?
I cannot be responsible for all the things which are said in other countries by persons of eminence and by others. It would be too much of a burden, especially in these days of free speech, which means that a lot of things can be said and not all of those are equally wise. But I certainly have not in any way departed from my hopes that personal relations and trade relations and all the diplomatic processes will be made to converge upon an easier and smoother passage of the world through these very difficult and anxious years.
Personal Statement
Mr. Speaker, I have your consent to make a short personal statement which arises out of a speech I made in the recent debate on whether we should adopt the British or the Belgian rifle. In the course of my speech, I referred to a gentleman named Colonel Stuedler, who was and is the United States technical expert on small arms.
I said that according to the information in my possession he had fought in the German Army. Since then, Colonel Stuedler has written to me stating that the reference to him was inaccurate. He had never fought in the German Army. He asked me, on the assumption that our procedure is similar to that of the United States Assembly, to have this placed on the record.
I thought that the very least I could do in the circumstances, having gained the consent of Mr. Speaker—and, I hope, the consent of the House—was to make the correction, and if the House agrees, as no doubt it will, I shall write to Colonel Stuedler and tell him that what I have said this afternoon in this personal statement will appear in the OFFICIAL REPORT.
I am sure that the House will approve of the course which the right hon. Gentleman has so properly taken.
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
Judges' Remuneration Bill
Order for Second Reading read.
3.34 p.m.
I beg to move, "That the Bill be now read a Second time."
I cannot remember having ever moved the Second Reading of a Bill in this House—and I think that the last one was the Second Reading of the Miners' Eight Hours Bill—with a stronger conviction than I have now that it is urgent and necessary in the national interest.
The Measure has been under prolonged consideration by the Cabinet. The Bill was printed in its present form last November. We have been well aware that it might be thought untimely and would certainly be unpopular. In a period where everybody feels the pressure of taxation and prices, when Members of the House of Commons are quite naturally conscious of their own difficulties, and the whole country is gripped in the pincers of rearmament and the Welfare State; when our overseas balance, though greatly improved, is far from being finally established, anything in the nature of an increase of salary or wages requires doubly accentuated scrutiny. Nevertheless, while under no pressure of any kind from the High Court judges, we have felt it our duty to take this important step for reasons which I ask the House to allow me to place before them.
Let me first of all say that I trust that in this and other difficult questions of the same order, the House of Commons will show itself above personal feelings, and consider primarily the welfare and character of the institution rather than the material circumstances of individuals, important though these may be. Above all, it would be derogatory to our own reputation—individual and collective alike—if it were thought, for instance, that the question of increased salaries for judges should be bargained off against an increase of salary to Members of Parliament, or against an increase of pensions to retired military officers. Anything of that nature would cast a slur on the long-established reputation of the House of Commons.
I have heard it said that the order in which these various proposals are to be taken has been agreed between the Government and the Opposition as a result of confidential assurances. There is no truth in this at all. Each case must be decided on its merits in the public interest. It is the long-term interests of fundamental institutions of the State which alone must rule. I am of the opinion that it would be derogatory to any hon. Member to suggest that he was biased by the course he took in one case by what the House decided or might decide to do about another.
Any hon. Member would, I am sure, do less than justice to himself if he allowed it to be said, even jocularly, that he would bargain one Measure off against the other. I am sure we shall get through our difficulties, and they are fairly obvious, by allowing no thought to govern our judgment except what is in the best interest of the State and the highest performance of our duty in each particular case. Certainly that has been the attitude consistently maintained in any talks which have taken place "through the usual channels," as the saying goes, about the order of business. Any statements in the newspapers to the contrary are quite unfounded.
Broadly there were three alternative methods of dealing with the case of the High Judiciary. First, to place a fixed increase, tax-free, upon the Consolidated Fund. The Judiciary are by long custom in important respects a privileged class, but this has never extended to taxation. I must confess, however, speaking personally, that I preferred this method of a fixed increase to the one which we have, after a great deal of consultation and discussion, adopted; namely, to say that we are giving the judges £3,000 a year and we are taking back from them £2,266 in tax a year at the same time.
I thought it was misleading to the public—I am only speaking of my own view—and likely to raise unfair prejudice to represent that judges already receiving £5,000 a year salary should have it raised to £8,000. However, I have been convinced that it is right to defer to prevailing modes of thought where the method rather than the principle or action is concerned. I trust, nevertheless, that it will be understood here and out-of-doors that when we ask Parliament to vote £3,000 a year extra to the majority of the judges, £734 a year is the actual truth. That is, of course, somewhat less than what we originally thought desirable in the public interest. On the other hand, if at any time Income Tax and Surtax are reduced, the judges concerned would benefit on the whole of their salary, which they would not have done had their additional remuneration been placed tax-free upon the Consolidated Fund.
There was a second method which we carefully considered, namely, a grant of an expenses allowance. I do not need to go into the details of this method of procedure, but we came to the conclusion that it would not be suitable or appropriate in the case of judges.
It was only after both these other methods, namely, a tax-free increase and an expense allowance, had been exhaustively and, I might say, exhaustingly examined and argued out within the Cabinet that we came to our conclusions which are embodied in the Bill. At any rate it is the result, I can assure the House, of careful consideration by a Cabinet who have no other interest but to find the best way out of the difficulty. I am inclined to think that it will be thought that they have, on the whole, done that.
We are now proposing the method set forth in the present Bill to the House. There is no doubt that it is in accordance with orthodox taxation principles. It leaves the judges in full contact with the fluctuations of taxation and the rise and fall in the cost of living. It avoids any exceptional or privileged procedure in taxation—that is reserved only for Prime Ministers. There is nothing like treating people with the distinction which they deserve! These are important advantages, but I hope that it will be borne in mind by those who have to argue the case in the constituencies that, though £3,000 is printed in the Bill, the actual increase under present conditions is £734 a year.
That is the figure for the great majority of the judges, but the House will note that some of the Scottish and Irish judges will receive a slightly larger net increase from the additional £3,000 which is to be added to their gross income. The net increase to the Master of the Rolls, the Lords of Appeal and the Lord Chief Justice will be somewhat smaller. It is necessary to make an addition to their salaries in order to prevent their being paid at a lower rate than a High Court judge.
There is one further piece of information which I should give to the House. The Bill includes the office of Lord Chancellor. The Lord Chancellor is paid a salary of £10,000 a year. Of this total, in his judicial capacity as President of the Supreme Court he receives £6,000, chargeable like other judicial salaries on the Consolidated Fund. As Speaker of the House of Lords he receives £4,000, which is borne on the House of Lords Vote. In his purely Ministerial capacity he receives no salary at all. The additional allowance of £2,000 gross, which this Bill authorises for the Lord Chancellor, is for him in his capacity as a judge, and Her Majesty's Government consider that it is both right and necessary that the office of the Lord Chancellor should, like that of any other high judicial offices concerned, be included within the scope of the Bill.
I should state, however, that my noble Friend the present Lord Chancellor, when we were framing our proposals, in which of course he was concerned, indicated that it was his intention not to draw the additional allowance to which the Bill entitles him. I have sought his permission so to inform the House. I did not and do not think this was necessary, but it is a matter on which personal judgment must prevail.
I should make it clear here at this point that the Bill does not seek to increase in any way the pensions which are paid to any of the judges.
I have now given in full the effects which this Bill will have, and have set out the complicated arguments which can be used about the method. I now venture to submit to the House some of the arguments on what I think is the simple question of the merits. It is 120 years since the salaries of the judges were fixed. During that time they have shrunk through taxation and the fall in the purchasing power of money to less than one-sixth of what they were originally. We are not proposing to restore them to their former level, but only to replace about one-fifteenth of their previous income. We are, therefore, acting in moderation. Stability is very important in the salaries of judges. It is not likely that another 120 years will pass without some alteration, but there should at any rate be a fairly long period, perhaps a generation, before what we now decide shall be altered, except by tax reduction, so that those discharging these high functions, who have their whole lives to live within strict and rigid limits, should have a reasonable basis on which to work.
From this point of view, there is no doubt that an increase of £734 net a year, small though it sounds, would exercise a steadying and beneficial effect. For 600 years the judges have been not only in a privileged but in a unique position. There is nothing like them at all in our island. They are appointed for life. They cannot be dismissed by the executive Government. They cannot be dismissed by the Crown either by the Prerogative or on the advice of Ministers. They have to interpret the law according to their learning and conscience. They are distinguishable from the great Officers of State and other servants of the Executive, high or low, and from the leaders of commerce and industry. They are also clearly distinguishable from the holders of less exalted judicial office. Nothing but an Address from both Houses of Parliament, assented to by the Crown, can remove them.
The principle of the complete independence of the Judiciary from the Executive is the foundation of many things in our island life. It has been widely imitated in varying degrees throughout the free world. It is perhaps one of the deepest gulfs between us and all forms of totalitarian rule. The only subordination which a judge knows in his judicial capacity is that which he owes to the existing body of legal doctrine enunciated in years past by his brethren on the bench, past and present, and upon the laws passed by Parliament which have received the Royal Assent. The judge has not only to do justice between man and man. He also—and this is one of his most important functions considered incomprehensible in some large parts of the world—has to do justice between the citizens and the State. He has to ensure that the administration conforms with the law, and to adjudicate upon the legality of the exercise by the Executive of its powers.
The relations between the Judiciary and the Legislature are also exceptional and privileged. Parliament has deliberately maintained the judges in a special position, not only by charging their salaries to the Consolidated Fund so that they do not fall within the annual scrutiny of Parliament, but also by eschewing any claim to criticise a judge's conduct in his judicial capacity except on a specific Motion for an Address to the Crown for the judge's removal. That has worked, as far as one can see, without any adverse comment as long as any of us can remember.
Parliament has a vital interest in the efficiency and the integrity of the bench because Parliament and the Judiciary are interdependent and, from different angles, they exercise and enforce their control upon the Executive. Parliament decides what the law shall be and the judges decide what, in fact, Parliament has made it. The labours of Parliament in enacting the law depend for their effectiveness very largely on the fact that there is behind Parliament an independent Judiciary applying and enforcing the law with high integrity and a great measure of common sense and knowledge of daily life, and with high professional skill, and applying it in conformity with the intentions of Parliament.
Perhaps only those who have led the life of a judge can know the lonely responsibility which rests upon him. In criminal cases, and in some civil cases, he may have the assistance of a jury, but it is on his shoulders that even in these cases the heaviest burden lies. In other cases in which the honour and fortune of citizens are at stake, he has the sole responsibility of decision, and a heavy one it must be.
The service rendered by judges demands the highest qualities of learning, training and character. These qualities are not to be measured in terms of pounds, shillings and pence according to the quantity of work done. A form of life and conduct far more severe and restricted than that of ordinary people is required from judges and, though unwritten, has been most strictly observed. They are at once privileged and restricted. They have to present a continuous aspect of dignity and conduct.
Far more freedom is granted by the conventions of our way of life to Members of Parliament, to Ministers or to Privy Councillors. These latter are frequently corrected in their actions by criticism in Parliament and in the country. The judges have to maintain, and do in fact maintain, though free from criticism, a far more rigorous standard than is required from any other class that I know of in this Realm. What would be thought of a Lord Chief Justice if he won the Derby? Yet I could cite a solid precedent where such an act has been perpetrated by a Prime Minister who, on the whole, got away with it all right.
The British Judiciary, with its traditions and record, is one of the greatest living assets of our race and people and the independence of the Judiciary is a part of our message to the ever-growing world which is rising so swiftly around us. It is the duty of Parliament to make sure that the judges are not unduly pressed by the money problem which has arisen from the great diminution of their incomes, and that their need to maintain a modest but dignified way of life suited to the gravity, and indeed the majesty, of the duties they discharge, shall not be rendered impossible. Parliament has to ensure that those few men who are capable of rendering this exceptional service in all its forms are attracted towards doing so, and that their circumstances when they have taken office are such as to enable their powers to be exercised in the public interest without financial anxiety or personal distraction.
It is a major British interest that the Judiciary should attract and retain a continuous flow of the highest type of men in character and ability who have devoted themselves to the study of the law. I was convinced of the urgency of this Measure when I was informed two years ago that several judges had asked to return to the Bar, as is their right. I also heard of some reluctance among the ablest figures of the Bar to rise to the Bench, in former times an unchallenged inducement.
The Bench must be the dominant attraction to the legal profession, yet it rather hangs in the balance now, and heavily will our society pay if it cannot command the finest characters and the best legal brains which we can produce; and heavily will our country pay if, in an epoch where our relative material power has diminished, we do not sustain those institutions for which we are renowned.
3.56 p.m.
I rise on behalf of the Opposition to state that we have no intention of opposing this Bill. I suppose I ought to declare a personal interest, although it is 45 years since I held myself out to practice at the Bar and I cannot conceive that I shall again enter that arena and compete for these glittering prizes, but I have, of course, the common interest of the members of my trade union in that branch of the law.
We are facing here a problem of power to adapt our scales of remuneration to changing prices. It is one that faces us with regard to whole categories of persons in a time of rising prices and it is not easy of adjustment, nor is it easy to determine the priorities. I must say that the problem would also be difficult if we had a sudden heavy falling of prices, but it does not seem likely that we shall have to face that problem. However, we have this particular case of the judges to deal with.
As the Prime Minister said, they have had to wait for an adjustment for a very, very long time, and I have no doubt that a change is needed if we are to get the best legal minds to the Bench. Our people hold equalitarian ideas but we are not living in an equalitarian society, and the State and the Bench have to compete with outside attractions for the services of men of high ability. The successful barrister has always had to weigh his earnings at the Bar with the dignity and the service which he can render as a judge. I am quite sure that all the best of our judges have had to make a heavy financial sacrifice in the past in taking judicial office.
I can remember the time, nearly 50 years ago, when I was beginning to study the law, when there were certainly some judges on the Bench who had not made that sacrifice; but I do not think that that was to the advantage of the public, because the cost of litigation, always high, was made still higher by almost the certainty that if one came before certain judges one would have to go to appeal. I recall the case, well-known at the Bar—I will not mention its name—in which counsel, when rising in the Court of Appeal said, "This is an appeal, my Lords, from Mr. Justice So-and-so, but there are other reasons." That was well-merited, but I think that in the last 40 years or so there have been very few instances of that kind.
The general level is high, but we have to maintain it high. It is a very penny-wise, pound-foolish policy not to pay the right remuneration. One has to consider this in general relation to the standard of life and the cost of living and to opportunities for earnings outside. One thing which one has to remember in this respect is that some years ago, before the two world wars, a man would go to the Bar and with a big practice he would probably make a pretty big accumulation. I do not think that the Chancellor of the Exchequer allows him to make that accumulation today. That is all to the good. When I was first called to the Bar, Income Tax was 1s. in the £, and I only wish that I had had some income. The fact is that today those big accumulations, which certainly eased the position of those on the Bench, do not exist, and therefore one has a position in which the office of a judge of the High Court is certainly not as attractive financially as it was formerly.
It is essential, for all the reasons that the Prime Minister has given, that we should keep up the very, very high standard of British justice. Incontestably it is the highest in the world. The Prime Minister has quite rightly stressed the quite extraordinary position in this country as compared with any totalitarian régime in that we have complete independence of the judges from the Government. The right hon. Gentleman also stressed the very strict standards that a judge must maintain, a contrast that is epitomised by the sayings, "Sober as a judge" and "Drunk as a lord."
I am sure that the latter case has become obsolete.
That is an old saying and I cast no aspersions on noble lords, but it is an instance of how the public view these matters.
The standard of conduct of a judge has to be very high. I am sure that the Prime Minister was right in stressing that. He has a lonely and responsible position. Therefore, I think that, among other adjustments that have to be made at times of rising prices, this is a right adjustment to be made, and that it will be an economy, because one can have a terrible waste of public and private money if one has incompetent judges. Constant appeals may be profitable to the Bar, but they are certainly a loss to the litigants. We have no objection to the Second Reading of this Bill.
4.5 p.m.
In the days of William IV, hon. Members of this House thought that judges were worth £5,000 a year, indeed more than that, because in 1832 they awarded the judges that salary of £5,000 a year "net and free of all taxes and charges." That idea of judges' salaries being free of Income Tax lasted only 10 years until its withdrawal. Recently it has lasted perhaps less than 10 months. It is not, perhaps, generally realised that that £5,000 a year in 1832 was a cut in the judges' salaries, for in 1825 their salaries had been increased from £4,000 to £5,500.
After three years hon. Members of this House at that time regretted their generosity. After 1828, the judges were appointed at £500 less, and in 1832 the £5,000 a year was formally provided under the Civil List Payments Bill of that year. There was a debate on the Motion for leave to introduce that Bill. Unfortunately, the debate was mostly on the Lord Chancellor's salary and therefore we have not very much clue as to the reasons for the House fixing the salary in those days at £5,000.
I noticed that the Bill itself passed through the House in 1832 on its First and Second Readings without a debate. That is scarcely surprising, as it was presented at about 2 a.m. on a Friday after the House had been sitting until 3 a.m. the morning before and had had a busy day on such matters as the suppression of a meeting at Blarney, the accounts of Margate pier and the dissection of the bodies of murderers. Unfortunately, as a result of that, we were deprived of a debate on the Bill at that time. No doubt hon. Members at that time were also in a hurry to pass on to the next day's business, in which I see that there was a petition from one Mary Smith stating that she had paid taxes and therefore wanted representation and wanted to sit on juries. If it is not too much of a diversion, hon. Members might be interested to see how fresh hon. Members in those days were after late night sittings by observing a short passage which reads as follows:
Yes, but not locked up all night.
What is significant is the date of the evaluation of the judges' salaries. The year 1832 was the year of the great social reforms and the period of the reforms in the judicial system. The reforms of the Constitution at that time do sometimes overshadow the reforms of the judicial system. There is no doubt that the statesmen of that time realised that the people were being denied, not only executive and legislative power, but were also being denied justice.
The judicial system at that time had become somewhat of a monstrosity, and the significant point is that reform in the judges' salaries went hand in hand with the reform of Parliament and the resultant reform of Cabinet Government. My history books tell me that this was carried through by the old Whigs and the milder Tories. I think I must be one of the milder Tories, because I find those reforms wholly satisfactory, not least by their recognition of the dignity of the status of a judge by fixing his salary at what seems, at present values, a rather phenomenal figure.
This occurred at a time when there were these great social reforms. In fact, one can draw examples from history in which the social reforms have frequently gone hand in hand with an improvement in the status of the judges. One could multiply occasions of that sort before 1832, but since that time the judges seem to have been forgotten. In the social reforms at the beginning of this century, any improvement in the status of the judges was forgotten. More important, in the great social reforms that have taken place since the last war the judges again seem to have been forgotten. I hope that the views of the right hon. Gentleman the Member for Ebbw Vale (Mr. Bevan) have nothing to do with that, but it is a fact that we are now remedying that defect.
We are not putting the judges back on their financial pedestal of 1832, but at least this Bill may make it possible for them to maintain the dignity of the judicial office. I think that perhaps some hon. Gentlemen opposite sometimes fail to appreciate the importance of the rule of law in the maintenance of our constitution.
We do not want the hon. Member's patronage.
Sometimes hon. Gentlemen fail to appreciate the desire of the British public for the formalities of justice—
Nonsense.
—and look rather to courts of a rather informal character, such as the rent tribunals and that type of quasi-judicial tribunal. I think that is a mistaken idea of what the British public require from their judicial system. I am not endeavouring to give the judges a false prestige. They already hold their prestige by the special merits of the administration of justice in this country. The special merits of that administration were mentioned in the Final Report of the Committee on Supreme Court Procedure and Practice, issued in July, 1953, and I quote from paragraph 25:
But perhaps we have a better yardstick than any of these because there is, as it were, a free market in judicial capacity in the appointed arbitrator. Hon. Gentlemen who had occasion to pass down the Strand in the early 1930s will probably recollect the gentleman who paraded up and down outside the Law Courts with a top hat and sandwich boards bearing the caption, "Arbitrate, do not litigate." If one arbitrates, one pays for one's own judge. If one litigates the judges are paid for you by the taxpayer, apart from some insignificant court fees. If one were to endeavour to find an arbitrator of the standing of a High Court judge today, one would have to pay a figure of 500 guineas for a week's work of that arbitrator. High Court judges sit for 39 weeks of the year and at that rate it works out at about £20,000 a year. So I feel that in the proposals in this Bill we are not overpaying them by suggesting a figure of £8,000 a year.
I hope that, as in the past, this reform in the salaries of the judges will go hand in hand with reform of judicial procedure itself. I wonder whether, under the present arrangements, we are getting the best value for our money in respect of the salary which is being paid to the judges. The whole point of procedure in the courts is that it should eventually present to the judge, in the most convenient form, the facts and the law at issue. That salient point is perhaps often lost or overlooked under the present procedure; we see much procedure for procedure's sake, procedure which has not in view that ultimate aim of presenting the case to the judge in the most convenient form.
The business of the courts does not fit modern ideas and methods. In short, the courts do not run on efficient business lines. I think we could make better use of the services of our judges.
Do I understand the hon. Member to mean that, on account of the salary increase, the judges will do their work better, or what is the hon. Member talking about?
If the hon. Gentleman will have patience for a moment, I shall come to the point of his remark. He interrupted me just as I was coming to the exact point about which he was questioning me. I said that, in regard to the procedure of the courts, we might make better use of the wisdom of the judges themselves. The judges see the finished article, the case which is ready for hearing—
I have listened patiently to the hon. Member. The point of the Bill is a short one and would not support, wide as are the limits on Second Reading, a general discussion of the law courts and their procedure. The hon. Gentleman should confine his remarks to the Question which is before the House, namely, whether the Bill should be read a Second time.
I bow to your Ruling, of course, Mr. Speaker. My point was concerned with the duties of the judges, and I thought that that perhaps came within the ambit of the Bill, which is the salary paid to the judges for carrying out those duties.
I had hoped to make the point that the judge himself might serve an extremely useful purpose by becoming perhaps rather more a director of the business of the court than he is at present.
because he knows better than anyone else what is required of the procedure of the courts. He could put his finger on the present defects in that procedure.
On a point of order. The Second Reading of the Bill has been moved in very eloquent terms by the Prime Minister. The Leader of the Opposition, on behalf of the Opposition, has raised no opposition to the Measure. Would it not be in conformity with the very high office to which we are referring in this Bill, and the dignity of that office, if we were not to indulge in all these references which are now being made by the hon. Member for Crosby (Mr. Graham Page).
That is not a point of order for me. Discussion on Second Reading is wide. Within limits, one can talk about what is in the Bill or is not but should be, in the Bill, but it is in the nature of this case that what should be in the Bill is bound to be relevant to what is in it. I think that some of the interesting speech of the hon. Gentleman has gone beyond the bounds of what is strictly relevant to the Second Reading. As has been pointed out, the Bill is concerned with a short point. Perhaps the hon. Gentleman can focus his remarks more on the Second Reading of this Bill than on a general discussion of procedure in the law courts.
I should like to put a point to the hon. Member about procedure. I understand him to be complaining in some way about the judges—that our procedure is not all that it ought to be and that the fault lies with them because they are well-informed about matters. I put it to the hon. Member that the judges are constantly examining the question of procedure and that the rules of procedure are frequently amended in order to meet the convenience of litigants and smooth the processes of litigation. Surely the hon. Member knows that.
The hon. and learned Gentleman must recognise that there is nothing about procedure in the Bill. All we are dealing with is whether the remuneration of the judges should be increased. It is always proper to allow a generous latitude on Second Reading, but there are limits beyond which the debate ceases to be relevant to the Question before the House.
In accordance with your Ruling, Mr. Speaker, I shall not follow the hon. and learned Member for Gloucester (Mr. Turner-Samuels) in the question which he put, although I might well desire to do so.
I was intending to make no reflection whatever upon the judges. I had, earlier in my speech, referred to the dignified status of the judges and to the necessity of maintaining that dignity. In that respect, this Bill is in no way extravagant. It is a necessity in order to maintain the prestige and dignity of our judges, in whom the public places great trust and for whom the public has an admiration and, if I may say so, a respectful affection.
4.27 p.m.
I have rarely listened to a speech which so caught the ear of the House, and which was so dignified, so full of constitutional law and wisdom, as the speech of the Prime Minister. That speech was followed by one of the wittiest and ablest speeches ever made by the Leader of the Opposition. The House had moved on to a very high plane indeed with those two opening speeches.
As a member of the legal profession, I cannot too much regret the intervention of the hon. Member for Crosby (Mr. Page) in the debate. He has lowered the tone of the debate, introduced grave irrelevancies which I can assure him the judges will not appreciate and he has also indulged in cheap political controversy. I hope, with due humility, whilst not attaining the heights previously set by the Prime Minister and the Leader of the Opposition at least to restore the debate to a decent level and to keep within the limits of the subject matter of the Bill.
I think it right and proper that a practising lawyer on this side of the House should make it quite clear that we on this side of the House, with perhaps one or two quixotic exceptions, support the Bill in all its implications.
With certain reservations.
The duty of a judge is a high, honourable and difficult one. Socrates was reputed to have said that four things belong to a judge—to hear courteously, to answer wisely, to consider soberly and to decide impartially. I should like to add another essential, and that is that he should be above financial worry, because no man can do his job, particularly if it requires intense mental concentration and high skill, if he has an arrière pensée about his financial position.
These salaries were fixed, in the case of High Court judges, as long ago as 1832, and in the case of the Lord Chief Justice in 1851. There is no comparison at all between the volume of work handled by the judges in 1832 and the vast volume of work handled by the judges of today. There is, in the publication known to all hon. Member on this side of the House, "Challenge to Britain," a statement that maintenance of full employment is one of Labour's main objectives. I can assure the House that there is and will be no difficulty in the foreseeable future in judges being maintained fully employed.
The present net salary of a High Court judge, if he is a married man without children, is £2,600 a year, and I am informed authoritatively that that salary has a pre-war purchasing power of £1,200. I do not think that anybody can claim that that is the "rate for the job." The judges' remuneration today simply does not compare even with a middle-range ordinary businessman's remuneration, and judges have no means of getting payments on the side in the form of expense allowances. A judge today perhaps can afford a car, but he cannot afford one of the sleek limousines that we see going through the streets driven by chaffeurs for business executives.
If a judge has children, it must be difficult for him to make ends meet on the salary that he gets and in addition to maintain his social position and the dignity of his office. I hear one of my colleagues saying that their children are quite grown up. I can assure him from my own personal knowledge that there are judges on the High Court bench who have children—not one, but two and even three—who are being educated and are completely dependent upon their fathers. It is not right, therefore, to say that they are all grown up. In many cases they are not. It has been a good practice recently to appoint judges at a rather earlier age than in the past, but the earlier the age usually the greater their financial burden.
It is well known that we on this side of the House and a large number of hon. Members opposite were against the principle of a tax-free allowance of £1,000. I do not think that anybody on this side of the House was in favour of that suggestion, and I do not believe that the majority of the people in the country were in favour either. Nevertheless, although people were generally opposed to that method of increasing the remuneration of judges, I am quite convinced, moving about in the courts particularly, that people do not want "justice on the cheap."
I am sure that that applies particularly to litigants. They think, too, that they are getting justice on the cheap when, at assizes, they have their cases decided by people who are not fully-fledged judges but who are appointed as commissioners of assize. The litigant desires the fully-appointed High Court judge to hear and decide his case, and there is a feeling by litigants—though I do not think it is correct—that the commissioner of assize is not quite the man for their particular case.
These proposed increases seem rather large on paper, but when they are analysed and when they get into the pockets of the recipients it is found that there is a great difference between the proposed amount and that which finally lands in their pockets. In the case of the Lord Chancellor I am not very surprised to hear that he is not taking his addition, because, after taxation, it amounts to £6 a week. It is rather better for the Lord Chief Justice because his net increase is £6 10s. a week. As for a puisne judge, his increase is worth having. It is £14 a week, but it is not a very substantial net increase.
It is not so bad.
I have given these figures on the basis of a judge who is a married man with no dependent children. If he is a married man and has a private income, the Treasury will benefit even more. It will probably be very rare for a judge to have no private income whatever.
In the Bill the Treasury claim that the
I want to say one thing more, and I hope that it is within the scope of a Second Reading debate. It was Mr. Gladstone who said "Justice delayed is justice denied." Hon. Members will have noticed a report in today's newspapers of a case which was heard by the Lord Chief Justice in the Courts-Martial Appeal Court yesterday. It was a case in which a soldier had his sentence of nine months' imprisonment quashed, but, unfortunately, he had already served it.
The Lord Chief Justice pointed out that this man had been in custody since July of last year, and he said that he hoped that appeals, particularly against short court-martial sentences, would be disposed of more quickly as it was not pleasant to think that a conviction was quashed after a sentence had been served. Judges today have far more work to carry out than they ever had in the past. I think I am right in saying that the Courts-Martial Appeal Court is yet another duty placed upon the backs of Her Majesty's judges.
This House has, I believe, approved the appointment of two more judges, which appointment has not yet been exercised. The net cost of those two appointments would represent a little over £6,000 a year after the deduction of Income Tax, whereas the public gain would be immeasurable. The delays at assizes, particularly on the Northern Circuit, are to be deplored. The assize judges work long hours, and very often sit until six or 6.30 at night. I suggest that the Treasury should make the necessary funds available so that the judiciary can be increased by those two appointments.
4.41 p.m.
I wish that I were in a position to declare an interest in this matter, that is to say, that I could look forward hopefully to the day when I might fill one of these high judicial offices, but my modesty makes me say that is only a very remote apotheosis. However, one never knows. The other thing I am bound to say is that, of course, I am interested in pleasing the judges. I am not quite so interested in doing this as are some other people, because it will be remembered that the old adage says that when the judge frowns, the barristers tremble, but, of course, if the solicitor frowns the barristers starve. Therefore, there are limits to my admiration.
I welcome this Bill and hope that it will carry on the good work started by the Judicial Offices (Salaries, &c.) Act. I believe that we still have another Measure coming before us, the Supreme Court Officers' Pension Bill, dealing with all the judicial salaries. Perhaps the Minister can give us some explanation why the Vice-Chancellor of the Palatine Court of Lancaster has been allowed to come in on this party when a private party of his own is being arranged. I agree with the hon. and learned Member for Crewe (Mr. Schofield Allen) about the necessity of appointing more judges on the ground that it gives more satisfaction to persons to have their cases heard by them.
I have been in the legal profession for some time, and I want to say how much I support this Bill, not on the obscure grounds of calculating the cost of living, but on quite different grounds as indicated by the Prime Minister and the Leader of the Opposition. This is something very much better than the smooth compliments paid at Law Society dinners This is really signing, sealing and delivering the approval of this House of Commons of the great part that Her Majesty's judges have played and will play in the democratic system in which we all believe. We cannot remind ourselves too often of the fact that the whole of these elaborate schemes of legislation in one House and in another House and their rules and procedures would really break down unless we had, not only an independent judiciary, but one which was seen to be independent.
It is something which cannot be built up just by Acts of Parliament, but something which has been built up through the centuries and which men of all parties, all temperaments, and all creeds trust. I am quite certain that the people of this country trust their High Court judges. This Bill is an acknowledgment to them that they are not just a little extra, but an essential part of our democratic procedure.
4.46 p.m.
I, too, support the Bill. Throughout the centuries we have been justly proud of our system of law and of our method of administering justice. Let it be remembered that in the world today there are and have been for a very long time two great systems, the great Roman law system which was based upon the early codes of Justinian, and which have been brought up to date from time to time, and the great English common law system which has been built up by our judges throughout the centuries.
We have deeply embedded in us, and rightly so, a great respect for the rule of law, for which we are tremendously grateful. We have a belief in this country that as between man and man we shall always receive a fair hearing and true justice. Therefore, it is essential that our judges should be men of the highest quality and integrity, and should be in a position of complete independence. That is why well over 100 years ago the salary of a judge was fixed at, for that time, the very high figure of £5,000 a year. In those days, there was no Income Tax, and the purchasing power of such a salary then would be approximately equal to the purchasing power of £20,000 today.
It was felt at that time that judges should be put beyond any temptation and any worry about their personal position. What was true then, is equally true today, and, that being so, I certainly support the proposals made in the Bill. Quite frankly, I did not like the original proposal because, whatever position we may hold, we should not be placed in a special position regarding our liability for tax. Therefore. I am sure we all welcome the replacement of the earlier Measure by this Bill.
As we know from statements made in another place by the ex-Lord Chancellor, a number of members of the Bar today find themselves in the position that they cannot accept this very high honour of judgeship and all that goes with it, the pomp and circumstance and the pension that is paid after 15 years' service. What is more, the late Lord Simon once referred to the fact that some judges actually consider whether they should retire and go back to the Bar.
I knew of one such instance as long ago as 1921 or 1922, before Income Tax had reached its tremendous rate of 9s. in the £. I think that if I were to mention the name of the gentleman concerned, he would be regarded by many legal Members of this House as being not only the greatest judge of this century, but one of the greatest judges of all time. He came to me as a junior and discussed with me the question of whether, owing to his heavy family commitments, he should retire from his judgeship and return to the Bar to earn the money that he required. I am perfectly sure that it would never have occurred to that great judge unless he had felt that he was not able to do his duty and to concentrate on the matters before him if, all the time, he had family worries to consider. I therefore have no hesitation in supporting the Bill.
I agree with what has been said by the hon. and learned Member for Crewe (Mr. Scholefield Allen). The Government should cease making use of commissions. They do not command the respect which is accorded to High Court judges. When I had the honour of being in active practice at the Bar the only man appointed a commissioner would be a man appointed when a judge had broken down in health and it was necessary to find a substitute. It was then generally regarded as an intimation that the selected man was likely to be given the next position of judge that fell vacant.
That is not so today. Commissioners are now sent here, there and everywhere. They are sent on assize and they sit in the Law Courts. They do not instil in the litigant that respect which is instilled by a High Court judge, and that is so important. They may give as sound a judgment as any one of Her Majesty's judges, but how often do we hear the expression that important as doing justice is that justice shall appear to have been done.
I am told that the number of appeals which come from these commissioners are far in excess of those from ordinary High Court judges. I am not in sufficient active practice to know whether that is so. I have also been told that their judgments are more often reversed than those of Her Majesty's judges. Consider what that means. A litigant, who has been put to enormous expense, then has to go to the Court of Appeal in order to get justice.
I had the honour not only of practising at the Bar, but of sitting on the Royal Commission in 1934 which dealt fully with the King's Bench Division. We then proposed—and I, in my own report, with which, unfortunately, I could not secure the agreement of my colleagues certainly proposed—to add to the number of judges. It was not only Mr. Gladstone who said that delayed justice was denied justice. If we look back through history we see the same thing recurring frequently. It is even referred to in the soliloquy in Hamlet.
One of the greatest curses of mankind is "the law's delay." I myself have seen it, and one knows how litigants have to wait, not only week after week, but month after month to get a decision on a matter in dispute between them and their fellow men. One must remember that it is rarely that any litigant appears more than once in the courts. It must be a tremendous event in his life and justice should be brought to him as soon as possible.
I do not know whether the House realises that, as a matter of fact, Her Majesty's judges and all the paraphernalia of the courts do not cost the Treasury one penny piece, and unless something extraordinary has happened in these last years it has not cost the Treasury anything for a very long time. All the costs are met by the fees which litigants have to pay. So far as the State is concerned—and I have to distinguish between the State and the people—the habit has been to make litigation expensive for the litigant and cheap for the State. For years I have protested against that, and asked that it may be made cheaper for the litigant, and that if expense has to be incurred it should be incurred by the State.
That merely emphasises once more the point I have made already about the employment of commissioners. Let us have High Court judges and pay them proper salaries, and let them continue to merit that respect and confidence which they and their predecessors have always enjoyed.
One other matter I wish to raise concerns the Lord Chancellor. He has always occupied a peculiar position. It has been said that we in this country have shown the great advantage of separating the Executive from the Judiciary and the Legislature from both. Yet in himself the Lord Chancellor combines all three. He is a member of the Cabinet, and therefore a member of the Executive. He is a member of the Legislature, because he sits in another place and presides over it from the Woolsack. He is also head of the Judiciary. It is an extraordinary position, but what is more extraordinary is that, so far as I can see, he is becoming less and less of an active judge as the years go on.
The last really active Lord Chancellor, with the exception of the late Lord Simon, was Lord Birkenhead, who presided regularly in the House of Lords and in the Privy Council, and in addition, led for the Conservative Party in the House of Lords. That extraordinary man was able to do it. May I also, in passing, pay this tribute to that amazing man—
His name was Smith.
—that when he had delivered his judgment it was so remarkable that his fellow judges withdrew their judgments. But that is incidental. The point I wish to emphasize is that the position of the Lord Chancellor is becoming more anomalous. In truth and in fact he is now to a great extent administering a large Department and attending the Cabinet like any other Cabinet Minister. I think that the time is rapidly coming when his position should be reconsidered.
Let it not be thought by hon. Members that the Lord Chancellor appoints all the judges. He appoints all the High Court judges, the judges in the King's Bench Division and in the Chancery Division, and the county court judges. The others are under the patronage of the Prime Minister. All the judges of the House of Lords and Court of Appeal, the Lord Chief Justice and the President of the Probate and Admiralty Division are all within the patronage of the Prime Minister and not the Lord Chancellor.
With all the tremendous responsibility that falls on the shoulders of the Prime Minister it is extraordinary that under this Bill we are saying that the responsibility of the Lord Chancellor is greater, measured in money, to the extent that he is to have £12,000, whereas the Prime Minister receives only £10,000; although, in the main, the Lord Chancellor is but a member of the Prime Minister's Cabinet.
I mention that because I think it a matter which will have to be examined. On another occasion, when we are dealing on a wider basis with the administration of justice, that must be taken into account. However, for the reasons I have already outlined I extend a warm welcome to the Bill.
4.59 p.m.
I shall be very brief. I wish to raise two or three practical points about the position of the judges. I have some knowledge in that both my father and my uncle were judges, and I know something of the difficulties which faced them. I entirely agree with what was said by the right hon. and learned Member for Montgomery (Mr. C. Davies). I think that this is the second or third time when I have had the pleasure to follow him, and I always seem to be in agreement with him.
The right hon. and learned Gentleman mentioned the question of status. Those of us who have to practise at the Divorce Bar in defended cases have some knowledge of those courts and feel that if a judge is try a long defended divorce case, the litigant is just as much entitled to have a High Court judge to try the issues as if the matter were being tried in a court of common law. Domestic issues can be just as important to a litigant as any other issues.
I urge the Solicitor-General to be good enough to advise the Government to take that point of view very carefully into account. Perhaps he would be good enough to consider meeting some of us if he has any doubts on the matter. I make that suggestion upon the ground of the status of the judges. The commissioner is regarded as a judge. If he does badly and goes away, that merely reflects upon the justice of this country. That is the ground on which I advance that argument, although there are many others.
Another consideration is the cost of robes. I do not know how many hon. Members know the cost of a judge's robes. They may cost from £300 to £500.
Abolish them.
I had occasion recently to hear from a judge that new robes cost £1,500.
I agree, but I understand that there is a first-class secondhand market in robes which is carried on in the back corridors.
I understand that in some countries, especially the United States of America, the judges do not wear robes. Does the hon. Gentleman think that robes are essential to the proper administration of justice?
Yes, I do. I am satisfied that robes are essential to the administration of justice. Those of us who have had to practise before American courts-martial realise that the result of the new rule which they seek to impose, which is that barristers shall not wear robes, is on the whole derogatory to the interests of justice in those cases. I should be prepared to debate at length the detailed reasons for that, but I have said that I shall be brief and I do not intend to discuss the matter further now, because we want to proceed to other business.
Does not the hon. Gentleman agree, with no disrespect to our American friends, that we in this country would say that our justice is far superior to theirs?
I do not want to be disrespectful to them. At any rate, we certainly have our own views on the matter.
On the question of robes, I ask the Solicitor-General to consider the matter favourably. Though, of course, there can be no tax concession under the Bill, one of two things should occur. Either a special allowance should be granted for the purchase of robes, or at least judges should be allowed to have the tax off the expenditure. I understand that that is not permissible at present.
My final point is about public transport. We all know that leading business men or financiers are able to be driven to their business by a chauffeur without having to find the expenditure out of their own pocket. It is met as part of the ordinary system of taxation. That does not apply to judges. I have been advised by certain financial experts, and I hope that the Treasury will agree, that the same ought to apply to the judges. There ought to be some allowance to entitle them not to have to use public transport to go to work. Some allowance ought to be granted by the Treasury.
I give one example. The other day I picked up at South Kensington underground station a well-known Lord Justice who is 72 years of age. I transported him to the High Court. He told me that in fact he had been travelling by underground to and from his work for the past 10 years.
Why not?
He is a man of 72 and he has very bad feet. There is nothing wrong with his brain, although his feet may be worn out. Surely it is not right that judges should have to travel by underground when they are to engage in a hard day's work. Something should be done to enable them to obtain some assistance in that respect.
5.6 p.m.
I am not sure that on this side of the House there will be complete agreement with what was said by the hon. Member for Isle of Thanet (Mr. Rees-Davies), especially in reference to the last point he made. I agree with previous speakers about the necessity of maintaining the dignity of the judiciary, but I am not sure that in our present national situation it is inconsistent with that dignity for judges to have to use public transport.
Although I approve the use of robes, I find it impossible to believe that they ought to cost £1,500 new, or £300 to £500 second-hand. I do not see why the material and the standard of tailoring should not be altered. Those costs do not seem to be consistent with present day realities. I do not agree with my hon. Friend the Member for South Ayrshire (Mr. Emrys Hughes) about robes, but in spite of the importance which I attach to their use I do not think that they should be so expensive.
On the other point, about the appointment of further judges to replace commissioners, there is an interesting parallel at the Scottish Bar. In Scotland, we have a population of 5 million and we have 15 High Court judges. The population in England and Wales is 45 million, and I believe that there are 50 High Court judges. Therefore, Scottish people would have no complaint, as taxpayers, if the establishment of High Court judges in England and Wales were to increase to about 135. I have never been able to understand why we in Scotland support so many. When one inquires one always gets answers shrouded in misty historical references.
I want to deal with two specific matters both connected with the process by which an individual comes into the stream of selection which, ultimately, may result in his appointment to a judgeship on the Scottish Bench. Both points are matters of practice extremely contrary to public interest. I am glad to say that it appears as if one of them were being cleared up; but the other is as bad as ever.
The first is that we have in the Government of the day two Law Officers for Scottish affairs—the Lord Advocate and the Solicitor-General. It has always been understood at the Scottish Bench and Bar, and among the Scottish public, that these two Law Officers had first claim to any vacant appointment to the Bench. The Lord Advocate of the day would normally recommend himself for appointment or he would recommend his colleague the Solicitor-General. That, I hope, has been stopped.
The last time it was done was in 1946 or 1947. When my former colleague, the then Mr. John Wheatley, became Lord Advocate in 1947 he made a change which his successor has followed. He made two appointments and in neither case did he nominate himself or the Solicitor-General. The present Government have followed that practice. They have made four or five appointments and the Lord Advocate has not in any of these cases nominated himself or the Solicitor-General. The Lord Advocate is not present, because he is busy in Standing Committee, but I should like to congratulate him on following the Wheatley precedent and also to say that it would be a good thing if the Government would state plainly that it is their policy definitely to break this old bad habit and not to go back to it.
There is a subsidiary set of questions. It is still the habit in Scotland to find that appointments to the junior Bench are made partly on political grounds. I would remind the Lord Advocate of a statement made in debate by my right hon. and learned Friend the Member for St. Helens (Sir H. Shawcross), which seemed to be a statement of the ideal which we should be setting ourselves in relation to Scottish judges. He said:
There is another matter in which Scottish practice is thoroughly contrary to the public interest, and so far as I know, nothing is being done about it. Judges are appointed from membership of the Bar. Normally and sensibly, the Scottish Bar demands certain legal qualifications for entrance. There are strong obvious reasons why it should do so. However, in addition it demands very high financial qualifications for entrance. There are strong reasons why that should not be so. In the case of the English Bar, there are still fees on call to the Bar, but they are modest compared with the Scottish figures. The fees in England, I believe, vary from inn to inn, but I understand that they are normally between £50 and £100.
The Intrant to the Faculty of Advocates pays
I see that you are getting restive, Mr. Deputy-Speaker. The argument which I am trying to make is that under the present system the people who are being appointed to these positions are not necessarily the right people. They are not necessarily the people whom we as a nation ought to be appointing. This is a most serious argument and, I believe, is relevant. To get the right people on the Bench in Scotland we ought to break the past practice. The career ought to be open to the talents, because it is a career in the public service.
To be a judge is an ambition that any bright young man might well cherish. There is every reason why the path to it should be completely open to him provided that he has the qualifications and can meet the competition. Parliament ought to not expect that a body of private individuals should be able to say, "Whatever legal qualifications you have, you cannot enter the stream from which judges are appointed unless you can meet our financial exactions." That is the situation which exists today.
There is something even worse. I understand that the Faculty was asked if the high fees could be paid in instalments over years if the entrant wished. I understand that the Faculty has turned down the request.
I am getting more restive now.
Very well, Mr. Deputy-Speaker. I have completed that point.
I believe that my argument is relevant. Here we have a public office of high dignity and great prestige and great importance, and, in addition, of high salary, and a salary which we are increasing. It is very much in the public interest that we should ensure that appointment to it is in no way privileged and that any privilege which exists should be removed. I ask the Government to ensure, first, that the habit of giving the Law Officers first claim on vacant judgeships is now dead and done with, and, secondly, that action will be taken to make the path to the Judiciary clear of unjustifiable financial obstacles.
5.16 p.m.
I am sure that the hon. Member for Stirling and Falkirk Burghs (Mr. M. MacPherson) would be very angry if anyone other than a Scottish hon. Member, if not a Scottish Minister, were to attempt to answer the points which he raised, and I am sure he will forgive me if I do not do so.
I want to mention a small, short but rather delicate matter. The judges of the High Court are virtually irremovable. There is constitutional procedure for removing them, but I believe that it is has never been used since it was instituted at the end of the 17th century. Judges are, in effect, irremovable. That leads to great complications and difficulties from time to time. It has often been the painful duty of the Lord Chief Justice and other senior judges to bring what pressure they could to bear upon judges who have passed their prime and who, in the interests of everybody and themselves, ought to retire but are difficult to persuade.
The merit of the present financial situation of the judges—it is the only one—is that the difference in spending money between the active judge drawing his £5,000 a year and the retired judge drawing his pension of between £3,000 and £4,000 a year is very little, and by the time the judge has retired to the country and does not have to buy the sort of clothes that we have to wear in London and one thing and another, there is practically nothing in it. The inducement to stay on as an active judge when one's powers are failing is at present very small. Therefore, the problem of inducing such judges to retire is not as difficult as it will be if the difference between the spending money of an active judge and the pension is enlarged, which is the effect that the Bill will inevitably have.
I hope that before long the pension will be brought into scale with the new salary. That is essential if we are not to have more of the distressing cases which have occurred from time to time in the past where judges who ought to have retired did not retire. Our fathers, in their wisdom, fixed what appeared to be a very high pension in comparison with the salary of an active judge, and I believe that was for the reason which I have given. We do not want there to be a great discrepancy. When the Bill is passed, as I hope it will be, the salary of £8,000 a year will contrast very sharply with the retirement pension.
It is not right to say that most of the extra £3,000 will return to the Treasury anyhow, because there will be cases where judges have indigent sisters or grandchildren to provide for, and they can provide for such dependants by use of the appropriate settlement procedure. Therefore, money will not necessarily return to the Treasury to the extent the hon. and learned Member for Crewe (Mr. Scholefield Allen) assumed.
When a judge has entered into such a settlement, that judge will have all the more inducement for carrying on after the time when he should resign. There is no way to force him to resign if he does not wish to do so. The delicate point which I therefore wish to put is this. What proposal do the Government make to see that this very important balance between the pension and the salary is not upset, as I fear it may be, by proposals which, otherwise, I welcome?
5.21 p.m.
Unlike other hon. Members who have spoken, I have no interest to declare, since solicitors are not yet eligible for appointment to the High Court. As proposals for the fusion of the two branches of the profession were advocated by some members of the Evershed Committee, to which reference has been made, it may come about one day that members of both branches of the profession, after fusion, will become eligible for promotion to the High Court.
This debate has ranged over a very wide field, and, if it were not for the intimation that both Mr. Speaker and yourself, Mr. Deputy-Speaker, have given to the House, it would have been tempting to follow the observations made by the right hon. and learned Member for Montgomery (Mr. C. Davies) and the hon. Member for Crosby (Mr. Page) with regard to the suggestions contained in the Report of the Hanworth Committee made 15 years ago and also more recently in the Report of the Evershed Committee, of which I have the honour to be a member, for improving the present practice and procedure in the Supreme Court. I do not think this is the occasion on which to go into those details, but I very much hope that one day the House will be given an opportunity of discussing the many detailed recommendations that have been made and which call for action.
In this particular connection, I think it is perhaps relevant to observe that, whatever detailed reforms may be introduced for improving the machinery of justice, for speeding up the process of litigation and for developing a more expeditious and cheaper system of justice in the country, we shall always find that the linchpin of the system is the judge. We find over and over again that it is no use introducing reforms unless there is at the same time co-operation from the Judiciary and an insistence on the part of the Bench that a more expeditious method of taking evidence and disposing of trials should be adopted.
I really rose to say that, like my hon. and learned Friend the Member for Crewe (Mr. Scholefield Allen), I wish to add my words of welcome for this Bill, and to echo what was said so eloquently by the Prime Minister and by my right hon. Friend the Leader of the Opposition. We think that this reform is long overdue. It is high time that the salaries of Her Majesty's judges, which have remained fixed for 120 years, are brought more into line with modern conditions. There is no question of party politics in this matter. If anything, it is far more in the interests of the Opposition than of the Government that the judges should be well paid and properly paid, because an independent, impartial Judiciary is, in a sense, far more protection to the Opposition, because one of its traditional functions is to protect all Her Majesty's subjects against the possible excessive exercise of power by the Executive. Therefore, for that reason, also, I would welcome the Bill.
I do not think that, even with their new rates of salary, the judges will be too highly paid. Looking at the functions which are discharged by the judges in preserving the liberties of the subject, in being ready, fearlessly, in accordance with long-established tradition, to correct abuses of power by Her Majesty's Ministers, which they are repeatedly doing in litigation between the individual and the State, the judges discharge a function which is veritably one of the greatest bulwarks of our Constitution. Therefore, I would have said, particularly when we bear in mind the conditions that appertain in other countries, that it would be very difficult to say that we could pay too much for the absolutely impartial, independent and incorruptible judicial service we enjoy in this country.
For these reasons, I welcome the fact that, at long last, this step has been taken, and I also welcome the fact that the Government have, on second thoughts, decided to bring about this change by the straightforward and direct method of an increase in salary rather than by the originally proposed subterfuge of a tax-free allowance, which would have created a most unfortunate precedent, and would have placed the judges in a category regarding taxation which is undesirable on every ground. I am glad that this step has been taken and taken in the right way, and I cordially support the Second Reading of the Bill.
5.27 p.m.
I have never heard such a lot of nonsense spoken in a Second Reading debate on any Bill in my experience of the House of Commons. As the debate proceeded it got worse.
We actually had the hon. Member for the Isle of Thanet (Mr. Rees-Davies) arguing that wigs and gowns were an essential part of justice, that, because a judge spent £600 on a robe—which figure rose to £1,500 in the speech of an hon. Member on this side of the House—it was a necessary expense, and that all this was necessary because of the dignity of the position. I remember that we had this question of wigs and gowns argued in Committee on the Criminal Justice Bill, when I had an Amendment on the Order Paper suggesting that wigs and gowns should be abolished in the courts. If that Amendment had been carried, this argument would not have been valid.
I remember the hon. Member for Stoke-on-Trent, Central (Dr. Stross), a member of the medical profession, explaining how wigs and gowns came to be worn in the courts and, indeed, in society, and how he fortified my argument by pointing out that wigs came into fashion in the Middle Ages, when there was so much baldness because of the spread of venereal disease, and that, after that, wigs came to be fashionable and are now regarded as part and parcel of the judicial dignity.
I do not see the difference between the justice that is meted out to hon. Members when you, Mr. Deputy-Speaker, occupy the Chair, and when Mr. Speaker is in the Chair. Mr. Speaker comes along, with his wig and his gown, and we obey him implicitly. When you sit there, without a wig and gown, we obey you implicitly, too. I assure you that if you had a wig and gown I would treat you with just the same respect.
Surely, these are ridiculous and childish arguments to be brought forward in support of a Bill of this kind. If feelings are so strong on financial grounds, why are these ridiculous irrelevancies brought in? When we tried the war criminals at Nuremberg, at the greatest legal assembly in the history of the world, nobody wore a wig and gown. Wigs and gowns are not worn in the United States of America, or in the U.S.S.R. So I submit that this argument is irrelevant.
That is not quite true. Gowns were worn at Nuremberg.
I accept the correction that gowns were worn, but I am sure that they did not cost anything like £600.
The Prime Minister told us that the Bill was subjected in the Cabinet to a doubly-accentuated scrutiny. I see no reason why the House should not devote the same accentuated scrutiny to the Bill. I want to ask questions which should be answered before we pass the Bill, although I do not intend to divide against the Bill. I shall have constructive suggestions to make in Committee which I hope will have the approval of the Chancellor of the Exchequer.
The Prime Minister's demeanour was far more impressive than his arguments. In the early part of this week he explained that Cabinet Ministers were not entitled to have their salaries restored from £4,000 to £5,000. As a nonjudicial and non-legal person, I want to know how he can justify Cabinet Ministers' salaries remaining as they are while judges' salaries are going up.
The lawyers, as usual, have overstated their case. I am sure that the arguments that have been used by the lawyers for their own profession will be carefully scrutinised by every trade union leader in the country who is coming along for an increase for his men. I hope that those leaders will be listened to as sympathetically and as charitably as the House has listened to the arguments of the lawyers for their profession.
I am an ordinary, humane, sentimental person, but I confess that the tears did not come into my eyes when I heard some of the heart-throbbing stories that were presented to us by the legal profession. I have every sympathy with the judges. I only met one learned judge in my life, and, unfortunately, I got the worst of the argument. It was in the High Court of Justice, in a libel action. I lost the argument, and my case. The judge, God forgive him, has now gone to another place, where the increases of salaries will not worry him.
The Leader of the House need not nod. These questions will be asked in many a workshop and many a mine tomorrow. If some people cannot live on £50 per week, others, who are accustomed to thinking in terms of £10 or £12 per week, will be saying, "What about the poor devils who are living on £10 and £12?"
The engineers cannot get a penny.
My hon. Friend can put up a case for the engineers in good time. The engineers will, naturally, ask these questions.
Many people will not be quite pleased that this House has, for the afternoon, turned itself into a mutual-admiration society in which the highest people in the land are being given the biggest increase in salary. The arguments that the Prime Minister used will be used I have no doubt, by moderate people like Arthur Horner when he is arguing the case for the miners, and others who do not get anything like £5,000 a year, although they have very responsible positions in our society.
One of the Prime Minister's arguments was that we must think in terms of net income after tax has been paid, and that the judges are, therefore, only getting £734 a year and a rise of £14 a week after Income Tax has been paid. That argument will be carefully noted in those quarters. I am convinced that we shall be starting the most wonderful process of inflation that we have had since the war if this matter is carried to its logical conclusion.
I wonder whether it will be an unparliamentary expression if I suggest that a lot of "hooey" has been talked today by the lawyers. We have been told about the loneliness of the judge. I do not like the judge to be lonely. I have had some experience of loneliness, but, surely, if a man is lonely he cannot spend so much. If a man is so lonely that he has to sit impartially in a sort of ivory tower contemplating the judgment that he is to deliver next week or on the following day, he will not have so much time to spend on the luxuries and frivolities of the ordinary human being.
There has been a suggestion that judges should not be treated as normal human beings at all. One hon. Member tried to make us weep by telling us about the poor High Court judge who had to go to work by underground railway. I have seen the Leader of the Opposition do that. I have seen him strap-hanging in the tube at Charing Cross and I did not think there was anything undignified about it. I thought he was acting like an ordinary human being. I see nothing undignified about a judge having to do the normal things of the ordinary normal human beings.
I do not want the Solicitor-General to stab his learned profession in the back, but will he answer this question? When judges go on circuit and on assize, do they not get nine guineas a day extra?
Ten.
My hon. Friend says "ten."
I hesitate to call a judge an "ordinary" judge, but I want to know whether an ordinary judge who goes to the assizes, say at Colchester or some other county place, and sits for four days a week, in addition to getting his train fare and his board and lodging, goes home with 50 guineas a week as a result of the time that he has spent at that assize? If that is so, why has it not been mentioned in the debate?
Because it is not true.
The right hon. Gentleman says that it is not true. Perhaps the Solicitor-General will tell us what the judges receive when they go on these assizes and whether it comes within their salary or not. If these expenses or "perks" as they are called in the business world are paid to the judges, ought not that to be taken into consideration when we are assessing what we should pay under this Bill? Then we are told that the judges work 39 weeks in the year. All these things should be taken into consideration. There is not so much wear and tear upon them and they have time during the rest of the year to recuperate after the heavy toil and sweat of the Law Courts.
The Lord Chancellor was referred to by many hon. Members as a real case of the most extreme hardship. The Lord Chancellor gets £10,000 a year and, presumably, he is to have a rise. I do not know why the Lord Chancellor should receive twice the salary of the Speaker of the House of Commons. I understand that Mr. Speaker receives £5,000 a year and a pension.
And a residence.
So does the Lord Chancellor.
I do not see why this great legal luminary should receive twice as much as the Speaker of the House of Commons, who has far more arduous work in keeping the riotous Members of this Chamber in order than has the Lord Chancellor in maintaining the decorum, sanctity and status of the House of Lords. We should put down an Amendment to provide that the Lord Chancellor should not receive more money than the Speaker of the House of Commons, so as to maintain our own dignity. I do not see what logical case could be presented against an argument of that kind.
I have a great sympathy with people who are struggling to live. I have great sympathy with these poor, hard-working judges who pass on to retirement on £3,000 a year, but I suggest that the ordinary citizen, whose costs of living are going up and who will not get such a sympathetic response from the Government, will think that there has been a certain amount of sham about the discussion this afternoon and that the best paid people in the community are being put in the front of the queue.
5.43 p.m.
My hon. Friend the Member for South Ayrshire (Mr. Emrys Hughes) has been a lone voice this time, but that is not an unaccustomed position for him to find himself in. While I am sure that he receives little support in this Chamber, no doubt the point of view which he has expressed will meet with a great measure of approval among many of the ordinary people outside.
Like him, I think that the case for this increase has been severely overstated, and, like him, I do not believe that the judges are suffering that penury which hon. Members on both sides of the House have tried to make out they do suffer. I cannot believe that they are suffering to the extent that is being made out, because I have in my possession a list of some of the wills that have been recently left by judges. Mr. Justice Charles left £84,000, Sir F. J. Wrottesley £70,000, Lord Uthwatt £47,000, Lord Clauson £148,000, Lord Romer £38,000, Lord Greene £44,000, Sir Christopher Farwell £27,000, Lord Hailsham £225,000, and Lord Hewart £150,000. I submit that while we do not necessarily argue that judges are not entitled to these increases, it does not make their case any the stronger to pretend that they are living almost on the poverty line.
Does the hon. Member realise that every person in that list was at the Bar before the last war?
If the hon. Member's argument is that judges today are not in the same happy position as these people were, it is only when they die that we shall be able to prove or disprove that argument. We shall only be able to determine how exacting their lives have been from the point of view of financial hardship if and when their wills are made available. I am not anxious that we should be able to settle that argument very quickly, because I do not bear them any animosity or ill-will.
If, of course, the argument is that those salaries were fixed 120 years ago and that there has been no increase since, we ought to look at the substantial change in the nature of our society between 1832 and 1954. At the time that these salaries were fixed our society was composed of the few exceedingly rich people right at the top and the whole mass of people grovelling in poverty right at the bottom, and for 100 years we have been trying to make our society more equalitarian. We have been trying to close the gap between those right at the top and those right at the bottom. Because substantial steps have been taken in that direction—and I hope that more substantial steps will be taken as time goes on—it means that, relatively, the judges are in a much less advantageous financial position today than they were at that time.
That, of course, does not merely apply to judges. I quote from a "Manchester Guardian" leading article on this subject which states:
Some of the arguments which my legal friends have advanced in favour of this Bill have been, to me, nauseating. They have almost conveyed the impression that every man has his price, including a judge, because what they have indirectly indicated is that unless the judges are paid these higher salaries there is a danger that they will be open to temptation. There is a danger that they will not judge impartially. There is a danger that they may not deal with those who come before them as honestly and justly as they should.
The "Manchester Guardian" goes on to say:
But let us remember that while it is true, or it may be true, because we are so informed, that those coming from the Bar to take up a judgeship stand to lose financially by doing so, do not let us underestimate what the value of £3,500 pension a year means, after 15 years' service, in terms of capital saving. It means that the man at the Bar, after he has paid his Income Tax, would have to be in a position to invest £70,000 during those 15 years in order to bring him in the same return that a judge would get after 15 years' service.
I hope that hon. Members who have talked about judges travelling by underground to the High Court will support me in trying to get from the Front Bench the answer to subsection (2) of Clause 1 of the Bill, which states: a judgment on the claim that is now submitted. Like most hon. Members, I have a high regard for British justice. I do not believe that in any other country in the world justice is administered so impartially without respect of person or creed. I want that to continue. I am sure that it would continue even if this increase was not granted.
When the Prime Minister moved the Second Reading of the Bill he was a wonderful advocate. I can only hope that when he is introducing other Measures he will be as equally sympathetic, understanding and as good an advocate because there are other things which are no less justifiable than this Bill. All I would ask is that they should receive the same impartial consideration, the same measure of justice as it is the obvious intention of the House to give to the High Court judges.
5.55 p.m.
I should like to say, in view of the fact that most commonly I agree with my hon. Friend the Member for South Ayrshire (Mr. Emrys Hughes) and my hon. Friend the Member for Jarrow (Mr. Fernyhough), that I support the Bill. I do agree with them, however, that throughout a large part of the debate the case has been considerably overstated, and that arguments have been advanced in support of the Bill which might have been thought, in some quarters, to be arguments against it.
If I thought that the case for this Bill really depended upon the cost of judges' robes, I should have thought that this was not the happiest time in which to indulge in such expense. If I thought that the case depended upon the un-desirability of judges travelling in public transport to the courts, I should not have accepted such an argument. I may have had a slight sympathy with a particular judge at a particular age; but, after all, a judge of 72 has not been 72 for 10 years, and if he had been travelling on the underground from the age of 62 I would say that any inconvenience or suffering was more than compensated by the contacts he was able to establish with ordinary people on his journeys to and from the courts.
There are judges who make a habit of travelling about in buses and living an ordinary normal citizen's life when they are off the Bench. I should have thought that they were the better judges for doing that. The idea that a man is a better judge for leading an inaccessible life, away from the people, is a wholly mistaken idea.
The case for this rise does not depend upon the onerous nature of a judge's job, and it does not depend on the necessity to do it impartially. Neither does it depend on the desirability that he should be independent of the Executive. All these qualities most judges have displayed throughout the 120 years since their salary was fixed. I do not think that there has been any decline in impartiality or in independence which could be traceable to the failure to raise the salary of the judges earlier than we are raising it. If I were the occupant of the judicial bench, which is never likely to happen, I should very deeply resent any suggestion that my capacity, or impartiality or independence would be in the remotest degree affected by the amount of salary I got. If I felt that I could not discharge my job in the way in which it ought to be discharged because my salary was too low, I should resign.
The real case for this increase is the quite simple one, for which we need make no apology at all, that the value of the salary is not now equal to the nature of the job. I agree with my hon. Friends who said that we were living in a different kind of society from that in which we were living in 1831. Judges cannot expect to retain that degree of advantage over ordinary citizens which they enjoyed then. But it is very different from saying that the discrepancy was too great then to saying that the salary, with all the changes that have taken place since then, is adequate now.
The proof that it is not is that there is great dissatisfaction on the judicial Bench, which is a new phenomena. One must have sufficient confidence in the judges to recognise that if almost unanimously they feel aggrieved, disturbed and inadequately treated, there is probably sufficient in the grievance to justify this House in correcting it. For these reasons I support the Bill.
Before I sit down I should like to say one other thing. Part of the argument has been that there ought to be more judges selected from the best and most experienced persons in order that justice shall not be delayed. The principle that justice delayed is justice denied is older than any of the incidents so far cited, and I believe that it is in Magna Carta itself, where it says that
I see no reference in this Bill, in fact, there is none, to county court judges. If I had my way and if I wanted to make justice more accessible, speedier and within the reach of ordinary people, I would enlarge the jurisdiction of the county courts very considerably and I would appoint—I say this without disrespect to any of the present occupants of the position of county court judges—at a very much higher salary a different type of man.
It seems to me that if we are to take justice to the people it can be done better in the county courts than in any ambulatory High Court and, we ought, therefore, to extend the jurisdiction and raise the salaries of county court judges commensurate with the increased responsibility that we would be giving them. That would be a very much more satisfactory way, particularly if the Legal Aid and Advice Act were extended to county courts and would make justice more readily available. I agree that all this is outside the scope of the present Measure. I only say it because of the argument about making more judges available. I hope that this matter will be considered some day and, meanwhile, I give my support to the Bill.
6.4 p.m.
The Government are obliged to the House for the way in which it has received this Measure. There have been only one or two criticisms, but I am sure that the House would not want me to pick up every point made throughout the debate. After all, the case for this Bill rests largely on the speech made by my right hon. Friend the Prime Minister, the right hon. Gentleman the Leader of the Opposition, and, in some respects, that made by the hon. Member for Nelson and Colne (Mr. S. Silverman), when he said that the trouble today was that the salary was not equal to the nature of the job.
The hon. Member for Islington, East (Mr. E. Fletcher) said the Bill was overdue and the hon. and learned Gentleman the Member for Crewe (Mr. Scholefield Allen) said that judges should have no financial worry. That has been accepted in every quarter of the House and I do not think it is necessary for me to amplify it.
May I say, in passing, that it is not the intention of the Government that the Bill should affect in any way the position of judges' pensions. There is a small drafting Amendment which will have to be made in Committee in connection with that.
Questions have been raised on Clause 1 (2) about the allowances in respect of judges' expenses when on circuit. The hon. Member for South Ayrshire (Mr. Emrys Hughes) asked why this was in the Bill. A part of the reason is that in both Scotland and Northern Ireland there is statutory authority for expenses to judges going on circuit, but there is not any in England. It has been done during all these years by Treasury minute under authority given as long ago as 16th June, 1884. We thought, when we were dealing with this problem, that we should put England on the same footing as the other component parts of the United Kingdom.
The hon. Member asked how much was involved. At present, the allowance given to a judge while on circuit is £7 10s. a day, and out of that certain expenses have to be paid. Unless the House appreciates what it is for, it does not carry one very far. Information which I have been given suggests that any judge going by himself on circuit will not bring a penny of that back when he returns to London, and it is very doubtful whether two judges going together will bring anything back after all their payments are covered.
The £7 10s. a day covers the cost of food for the judge and any guests he may find it proper to entertain, for his marshal, his clerk, his butler and his cook who accompany him in order to cook and serve the food, and also food for any servants in the lodgings, the latter being provided by the local authority. This amount also covers the wages of the judge's butler and cook, and he has also to defray the travelling expenses of the staff, except his clerk, and the transport of them and their luggage from town to town. There may be other small items with which I need not bother the House, but that, broadly speaking, is what the allowance is for, and anybody who knows how these expenses tot up will see that there is no extravagance there.
Have the judges in Scotland to pay a butler?
I am talking about this Bill and what is in it. The Scottish arrangements are different, and they are covered by the Act of 1952. It is the English position which is covered by this Clause.
I should like to have some enlightenment from the right hon. Gentleman. Would the butler and the cook accompanying the judge be the same butler and cook as he normally employs in his own home? In other words, are their wages going on whether he is on circuit or not?
I am not a lawyer and I have never been on circuit, but I understand that these people are not normally employed by the judge. In fact, it is quite likely that with the present judicial salaries judges are not able to afford a butler at home. I understand that these cooks and butlers generally go round with the judges on to these particular assizes. That is the question of detail about which I was asked.
I conclude by thanking the House for the way in which they have received this Bill and by saying that this is not the only country in which this problem has arisen. It might interest hon. Members to know that an inquiry took place recently in the United States about judicial salaries, and I should like to conclude by quoting this passage from the very interesting report submitted to Congress:
Can my right hon. Friend tell me about the Vice-Chancellor of the County Palatine? Is he to be dealt with separately? He has High Court judge standing and he does not come within this Bill, but, on the other hand, he seems to be the only one left out.
The answer is that he is not a High Court judge and therefore does not come within the four corners of this Bill.
Question put, and agreed to.
Bill accordingly read a Second time.
Committed to a Committee of the whole House.—[ [Mr. R. Thompson. ]
Committee Tomorrow.
Judges' Remuneration [Money]
Considered in Committee under Standing Order No. 84 (Money Committees).—[ Queen's Recommendation signified. ]
[Sir CHARLES MACANDREW in the Chair]
Resolved,
That for the purposes of any Act of the present Session to increase the salaries attached to certain high judicial offices and to regulate the payments to be made to Judges of the High Court in England in respect of their expenses when acting under commissions of assize and other commissions, it is expedient to authorise the charge on the Consolidated Fund of such sums as may be necessary to increase by two thousand pounds a year the salary payable to the Lord Chancellor or to the Lord Chief Justice of England, and by three thousand pounds a year the salary payable to he holder of any of the following offices, that is to say—
Resolution to be reported Tomorrow.
Atomic Energy Authority Bill
Considered in Committee. [ Progress, 17th March. ]
[Sir CHARLES MACANDREW in the Chair]
Clause 2.—(PRINCIPAL POWERS AND DUTIES OF THE AUTHORITY.)
6.12 p.m.
I beg to move, in page 3, line 9, after "of," to insert "the Schedule (Existing staff) and of."
I understand that it would be for the convenience of the Committee if we take with this Amendment the Amendment immediately following, also to line 9, and the new Schedule dealing with existing staff.
This is a short Bill of 10 Clauses and there is always enthusiasm in Committee when a Bill is mercifully short. It is sometimes regarded as being to the credit of the Minister concerned, but it is of doubtful advantage if essential matters which should be in the Bill are left out. Certainly it is usual, when Parliament makes major changes affecting the livelihood and work of employees, to see that their rights and security are safeguarded in the legislation.
There are plenty of precedents for that. I could quote the old railway amalgamations carried through by Act of Parliament in the days before nationalisation. There are such precedents as the Electricity Act of 1926, setting up the Central Electricity Board, and, in more recent times, the various nationalisation Acts. All those examples of legislation contained compensation Clauses and, if I wanted an up-to-date example of legislation including such a compensation Clause, there is the Bill to reorganise electricity supplies in Scotland which is at present before the House and has yet to go to Committee. That Bill contains a compensation Clause safeguarding the position of employees in the event of the legislation making a difference to their employment, to their pay, and to their prospects generally.
But the extraordinary thing about this Bill is that it contains no such compensation Clause, and I have searched for a clue to the mind of the Minister in the matter. We know that the right hon. Gentleman regards himself on occasion as being a streamlined Minister, but it seems to me that his thinking on this point has been streamlined to such a degree that it has no size, only location. I looked at the speech of the right hon. Gentleman on Second Reading, and he used these words:
If the right hon. Gentleman can say that no such cases will exist at all, that will be all right, but I doubt if he could give such an assurance. I do not think he will be able to say that everybody will be transferred and that a job will be found for everyone. To the best of my knowledge, the unions have had no such guarantee although it is, of course, assumed that the bulk of the employees will be transferred. The virtue of the Amendment is that it gives that kind of guarantee. It takes the obvious course of automatically transferring everybody in the first place who is at present working in the atomic energy departments and branches of the Ministry of Supply to the service of the new corporation. We regard that as a step forward and as being most desirable.
There is another point about which the unions have had no guarantee although they have had certain assurances. Our Amendment draws attention to the question whether the pay and conditions of service will be the same. There is much talk of improved salaries as a result of this change. It is said that it will be possible for the new Atomic Energy Authority to pay salaries to the staff at a commercial level, whatever that may mean. It has never been strictly defined—
The sky is the limit.
My hon. Friend says the sky is the limit, but I do not think that will be the case for the rank and file of the staff, although it may be for some. In fact, taking that point raised by the intervention of my hon. Friend, there are cynics who say that the entire Bill is an elaborate device to pay a few people increased salaries without making precedents for the Civil Service in general. That may be a cynical point of view, however, which one ought not to pursue too far.
I understand that the Civil Service unions would be reasonably happy if they could get some guarantee that the present-day scale and service conditions will not be worsened. My proposed schedule dealing with existing staff gives a firm promise that there will be no worsening of conditions. It says:
Though atomic and nuclear development is as yet in its infancy, it will be an expanding industry. In the years to come there should be good prospects for employment, good promotion prospects and everything of a forward-looking nature.
It would therefore seem reasonable to assume that in the ordinary course of expectation there would be plenty of work for those who want it. Yet, as I said, there will always be the danger that one or two here and there, perhaps more, may be displaced. We believe that there is definitely a risk of displacement, and we suggest that if the risk exists—it is difficult for the Minister to deny that it does—there ought to be proper compensation regulations.
I do not need to mention the precedents which exist in legislation already accepted by Parliament. It seems to us to be a tremendous defect that the present Bill should contain no provision for compensation regulations. We appreciate that the circumstances of this reorganisation are different from those in the case of the transfer of privately-owned industry to private ownership, for this is a transfer from the Civil Service to a public corporation. However, allowing for the difference, it seems wrong that there should be no allowance in the Bill for staff compensation. A further virtue of the Amendment, therefore, which I commend to the Committee, is that it will provide for compensation regulations.
We do not normally regard the protection of employees in a matter of this kind as a very strong party subject, and my hon. Friends do not wish it to be regarded as such tonight. We are anxious to assume that both sides of the Committee will wish to safeguard the position of employees. Nevertheless, unless we can have some rather fuller expression on this matter than is contained in the Bill, or given in the Second Reading debate, it may be necessary to press the matter to a Division, but a lot will depend, I imagine, upon the kind of assurances which the Minister gives.
I have given considerable thought to the hon. Gentleman's Amendment and his proposed new Schedule entitled "Existing Staff." I am in sympathy with the view that guarantees should be given to the staff of atomic establishments, for reasons which hon. Members have given on various occasions and which the hon. Member for Cleveland (Mr. Palmer) has described. However, I honestly do not think that the inclusion of his proposed Schedule would be the best way to arrive at the results which are desired.
It is clear from the Schedule that great difficulty stands in the way of those who seek to lay down regulations of any detailed character in respect of the staff until discussions have taken place about the future of the Authority and the way it will look after staff matters. Certain guarantees have already been given. In Clause 7, certain duties are laid on the Authority respecting the welfare of the staff. Assurances have also been given by the Minister, by the Leader of the House when winding up the Second Reading debate, and by the Prime Minister.
I believe the position to be as follows. A two years' period of secondment will elapse, and during that time all these detailed matters about conditions of service, pension arrangements and prospects of advancement will have to be discussed between the staff associations and the officers of the Ministry who are at present concerned with staff matters. When the Authority has completely taken over the staff, no doubt those discussions will continue. During the two-year period it will be possible to settle a large number of outstanding points.
It is not possible for hon. Members opposite at the moment to do more than generalise about matters, which they no doubt do from motives with which I entirely agree, but at present their contributions are too vague to be of great assistance. From the point of view of the staff, I should prefer discussions to continue and for statements to be published to the staff making clear to them the decisions which are made during the period of secondment so that they may know what is happening about pensions, compensation and other matters.
A matter of very great importance lies in the conditions of transfer from one atomic establishment to another, and there is also the difficult matter of excess rent allowances which may be paid to householders under Civil Service rules. Problems of that sort must be ironed out during the next two years by the Whitley Council which will represent atomic workers and by the Authority's representatives.
Having regard to the duties which are laid upon the Authority in the Bill, if the Minister can tell us that statements will be made to the staff from time to time, this should provide the necessary guarantee of staff security. If the Minister can make such an assurance, I believe that we can take it that the staff will receive adequate information about the matters which have been raised which will set their minds at rest.
6.30 p.m.
I support the Amendment moved by my hon. Friend, and I wish to refer to the White Paper that was issued before the introduction of the Bill. On page 8, in paragraph 20 ( g ) it states: d ) of the same paragraph also tells us: e ):
The staff side and the employees in atomic energy projects, such as Windscale, are worried about what will happen to the non-established staff. When the corporation has taken over, will they be told that there is no further use for their services? If that be the case, what will happen to the large number of non-established people who will be transferred to the corporation for a period of two years? I think that we should have some real guarantee given tonight about what will be done for every category of the staff in the matter of pension rights, superannuation rights and travelling rights.
I think the Minister should give very clear guarantees about what the Government are prepared to do, because the reply given to the staff side on this matter was that, save in most exceptional circumstances, it would be the intention of the Authority to offer employment to all the staff serving in the department on atomic energy on vesting date. What does the phrase "save in most exceptional circumstances" mean? It can apply to the large number of non-established staff, and I should like to know what is meant by it. There is no guarantee that the salaries and superannuation arrangements or conditions of employment would be any less favourable than they are now. Can the Minister give a guarantee that that will be the position as far as the corporation is concerned, because it is only fair to the staff and the employees that such a guarantee should be given?
If the hon. Gentleman had listened to my speech on Second Reading, he would have heard me give a guarantee about the terms being no less favourable.
I draw a great difference of understanding between the words "assurance" and "guarantee". I understand that if a guarantee is given a Minister could run away from it if he thought fit without any legal obligation being involved. I think that in this case there should be a real guarantee given and not simply an assurance. The Civil Service unions are of the opinion that the so-called assurance given is not a guarantee which will have any legal effect at all, and I feel that something ought to be done this evening to give such a guarantee.
I feel also that, unless terms are agreed between the staff unions and the Government before this Bill becomes law, we ought to reserve the right to consider this particular question again. When all is said and done, many thousands of persons are involved in this, and they are entitled to security of tenure no less adverse than their present-day conditions.
If the Government are sincere in this matter, what difficulty would there be in reaching an agreement with the staff unions? Why has no agreement been reached up to now, and why has this question been kept in the dark? I support the Amendment on the ground that we should ask the Government to give firm guarantees that the conditions we set out in the Schedule and the other parts of the Amendment should be reached by agreement between the unions and the Government.
I think the hon. Gentleman the Member for Whitehaven (Mr. F. Anderson) has been a good deal less than fair to my right hon. Friend who was quite explicit, implicit and unequivocal in his Second Reading speech about this matter of the staff, their conditions and terms of employment and the salaries they would enjoy after transfer to the statutory and largely autonomous Authority which will be created by this Bill. If I may quote from the Second Reading speech, I think that this passage in itself effectively answers all the charges made by the hon. Gentleman. My right hon. Friend said:
There is a second point which I am anxious to make in this connection, and which I believe is of paramount importance in securing that the best brains, the best individual capacities, are available to the Authority when it starts its work. In the early or embryo stages of atomic energy development, when all employed in the work had been civil servants, it has been inescapable that the salaries and conditions of employment should conform to those generally applicable within the Civil Service.
Surely one of the principal purposes of the Bill is to spread to general industry certain responsibilities, to spread the opportunities within general industry and to bring about the biggest possible degree of participation and co-operation with general industry. That means that general industrial conditions, salaries and wages would normally be observed by the Authority when it is fully working, though there must be an interregnum between this Measure reaching the Statute Book and the Authority coming fully into effective operation.
Perhaps I might exemplify what I mean by the observance of commercial and industrial conditions and the payment of salary and wages on scales generally observed in industry. The following advertisement appeared in "The Times" of 18th December:
rose —
Perhaps the hon. Gentleman will allow me to finish.
I have been engaged in industry for many years—in the engineering industry. The salary offered in the case I have quoted might, I suppose, be appropriate to a man who is to be appointed in an executive or production capacity, perhaps as a works manager in the average engineering works employing perhaps 1,500 or 2,000 persons. The figure of £2,000 per annum would represent approximately the salary that would be appropriate in Birmingham, Coventry or any other industrial city. But this is a "unique post"—the first atomic power plant in Britain—and there is offered for the post £2,000 per annum.
rose —
The hon. Member can follow me. After all, we are in Committee. [HON. MEMBERS: "Oh."] I will give way when I have finished.
I am saying that the salary which was offered in "The Times" advertisement which I have quoted was undoubtedly based on Civil Service standards. I am glad to see that I have the agreement of an hon. Member opposite who is expert in Civil Service staff matters. That salary will bear no relation to normal or industrial commercial scales, and in my view it would be quite insufficient.
On a point of order. Is it in order, Sir Rhys, to discuss the appointment of a person to a new undertaking when we are discussing the existing staff, not new staff?
The hon. Member for Kidderminster (Mr. Nabarro) is raising an individual case which does not appear to have much connection with the Amendment.
You will remember, Sir Rhys, that I carefully observed at the outset, before I quoted from "The Times," that my point could be exemplified by an advertisement which had appeared in "The Times."
I have no wish to prolong this—
Will the hon. Gentleman allow me?
6.45 p.m.
If the hon. Member will allow me to finish my point, I will give way.
The point which I am seeking to exemplify is that the advertised appointment was undoubtedly based on Civil Service standards of remuneration, which bear little relationship to the need for attracting men of the highest possible scientific and engineering qualifications and experience to the Atomic Energy Authority, and men capable of taking executive charge in a post which is described in the advertisement as "unique."
I am obliged to the hon. Gentleman for his delayed courtesy. Does the hon. Gentleman, who so vociferously opposes an increase in the remuneration of Members of Parliament, believe that the only motives and purposes that would induce a person to take up a post of distinction and honour are merely pecuniary and financial? Does he not realise that the inducement to a man to undertake a unique post of this kind may not be the purposes and motives which the hon. Member considers to be the only ones possible?
I do not think that the hon. Gentleman should be invited to go beyond the Amendment.
I am grateful to you, Sir Rhys. It must be abundantly clear to you that the qualifications of the hon. Member for Coventry, North (Mr. Edelman) are not comparable to those of a scientist or engineer who is required to take charge of this atomic plant at Sellafield.
The important point is surely that the men who are to be transferred to the Authority cannot, in view of the assurances given by my right hon. Friend in such unequivocal terms during the Second Reading debate, be worse off than they were under Civil Service conditions and with Civil Service rates of pay; they can only be better off, and with the expansion of the atomic energy industry envisaged, quite rightly, by the hon. Member for Cleveland (Mr. Palmer), they have before them every good prospect for advancement and excellent opportunities will be presented to them as a result of the transfer. I believe that the hon. Member for Whitehaven (Mr. F. Anderson) made what is very largely an artificial case, no doubt endeavouring to stir up apprehensions in the minds of the persons concerned which are entirely without foundation.
Judging by the Minister's intervention a few minutes ago, one would assume that he is satisfied about the assurance which he gave to the House in the Second Reading debate. He said:
The hon. Member for Kidderminster and the hon. Member for Abingdon (Mr. Neave) said, "But there will be two years during which the civil servants transferred will be seconded to the Authority, and during those two years all the conditions of service to be offered to the various members of the staff will be settled, and then the offer to be made to them will be made in conditions which will enable the civil servants who do not wish to go to the Authority finally to return to the Ministry of Supply."
I did not mention two years. I referred to an interregnum.
All right; for the purpose of discussion, "interregnum" will do. But there are clearly reasonable uncertainties in the minds of people who feel that they may fall between two stools. We on this side of the Committee are not assuming that there is any danger of a serious worsening or any worsening at all of the conditions of service to be offered by the new Authority to its most valuable and skilled people.
For instance, I do not suppose for a moment that the salary to be offered to Sir William Penney, as a member of the new Authority, will be less than or even only equal to the £3,150 that he is now getting as the Director of the Research Establishment in the Ministry of Supply. Nor do I believe that the new Authority will offer to Sir John Cockcroft less than £4,500, which he is now getting. Sir John Cockcroft is getting the highest salary within the framework of the Civil Service. It is equivalent to that of a Permanent Secretary, and there is no head of Department, with the exception of the Permanent Secretary to the Treasury, Sir Edward Bridges, who is getting more than £4,500 in the Civil Service today.
I believe that the mainspring behind this transfer was to release this new Authority from the fetters, the shackles and traditions of Civil Service grading and salaries. If that is not the purpose, I do not think it has much purpose at all. I understood from the White Paper that the whole idea of the reference to more flexible arrangements which are needed in the new Authority was that it was to get away from the limitations of the Civil Service salary and grading structure, which I can well understand are operating unfavourably against the Ministry at present in getting hold of the brains they want for this amazing enterprise.
We are not under the impression that the new Authority is going to worsen conditions all round. We believe that it will improve conditions in many respects for many people. But there may be a number of people now working in the Ministry of Supply who will not be so certain of their position under the new Authority. It is all very well to assure them that they will not be compulsorily transferred, that after the interregnum they will have the opportunity of electing to return to the Ministry of Supply if they wish.
But after they have once gone, even temporarily, to the new Authority, there may be damage to their position if thereafter they return to the Ministry. They may not be welcome when they have got back, or there may be misunderstandings about the reasons which prompted them to elect to return, and conditions in the Ministry of Supply may change during this interregnum. When they get back, they may find that there is not a suitable position for them.
The Minister cannot dismiss all these misgivings as unreasonable. They have been represented to us by reasonable people who sincerely feel that something more is desirable, and this Amendment, accompanied by the proposed new Schedule, tries to give the staff what we believe would satisfy them, and we do not think it is too much. After all, paragraph (3) of the proposed new Schedule states:
This seems to me to be eminently reasonable all round. It does not say that anybody shall do anything except pay compensation if an offer is not made by the new Atomic Energy Authority to a person who is temporarily transferred to it and who has to make a final decision. I hope that the Minister, despite his intervention during the speech of my hon. Friend the Member for Cleveland (Mr. Palmer), will feel that he has to do something more than he did on Second Reading. If he can offer any satisfactory alternative to the Amendment and the proposed new Schedule, then I am sure that he will not find us on these benches unreasonable in the matter, but I think that we are entitled to ask for something more than we had on Second Reading.
Does not the hon. Gentleman think that there is a considerable safeguard in the appointment which was suggested last week, when we were discussing one of the Amendments which was agreed to by the Committee, whereby there should be a labour organiser in the Authority? Does not the hon. Gentleman think that there are considerable advantages in that provision during this interregnum?
I do not think that the new appointment agreed to in the Amendment last week has any relevance to the problem with which we are dealing now. The idea was that a person experienced in trade union and labour affairs should be appointed to the Authority, but his job will be to regulate conditions of employment and deal with trade union affairs in the new organisation. I scarcely think that his appointment would offer any safeguards to the misgivings which we feel about the conditions of transferees.
This proposed new Schedule is a very moderate proposal indeed—more moderate, I think, than some of my hon. Friends have perhaps thought it to be. It is so moderate that I cannot conceive the right hon. Gentleman refusing to accept it. I do not think anyone on this side of the Committee regards it as in any sense whatever a substitute for the continuance, and we hope the rapid conclusion, of the arrangements which will have to be made between the trade unions concerned and the Minister and those who represent him in this matter. If it were anything of the sort, I should not for a moment press it.
7.0 p.m.
In reply to the hon. Member for Abingdon (Mr. Neave), this Amendment is not intended to have, ought not to have and I am sure will not have the effect of delaying in any way those negotiations. On the contrary, I would hope that the acceptance of the new Schedule would perhaps slightly accelerate them. The point is this. As has been said, there is no absolute obligation to make an offer at all. We on this side of the Committee take the view, and I do not suppose for one moment that the right hon. Gentleman would dissent from this, that there may be cases—most exceptional cases, to quote his own language—where such, an offer may be difficult. We say that if such an offer cannot be made, then there ought to be something done about compensation.
As regards compensation, the terms of this Amendment, and the new Schedule to which it refers, are so reasonable that I cannot conceive the right hon. Gentleman not accepting it. The language used in the proposed new Schedule is that there should be compensation only
Therefore, as I see it, this Amendment and the new Schedule referred to in it do no more than express the general intention of Parliament and leave it open to the Authority to make exceptions. They leave the door wide open. But there are reasons which make me think that something of the sort is highly advisable, and, indeed, rather necessary in the Bill.
The Minister's assurances on Second Reading were confined to the offers of employment when made and to the promise that when they were made the conditions would be no worse. I read carefully through the speech which the right hon. Gentleman then made, including the passage which was recently read out. There was no assurance that offers would be made in every case and there was no provision for another stage. Some of these men who are now working in what the hon. Member for Abingdon (Mr. Neave), with unpardonable conceit, described as the beautiful hills of Berkshire, or something of the sort, may have a reluctance—although, speaking for myself, I find it difficult to understand—to move up to Caithness. Not everybody likes such a long journey and such a sweeping change. Supposing these men are offered something of the sort and choose to refuse it when they would not have refused it had it not involved a change of that kind, what is the position to be?
In cases of that sort, I suggest that some consideration ought to be given to the question of compensation. Compensation has been very widely defined, and on purpose, in this new Schedule to cover changes in the terms and conditions of employment in the widest sense and to cover changes in pension rights. In short, it has been defined to cover everything that any reasonable person could cover in a general phrase of that sort.
As the Bill stands at present, there is no provision whatever for compensation anywhere in it, as far as I can discover, and it seems to me that something of the sort, in this very limited form, ought to be accepted. I hope that the right hon. Gentleman is going to do what he has been invited to do, and will give us some assurances as to what is to happen with regard to the existing staff, particularly the ordinary workaday members of it, the people typing in the offices and those who are doing what I might call nonprofessional work in these establishments.
I hope that the right hon. Gentleman will be able to give us some assurances that offers are going to be made to these people, that if they are refused by them, consideration will be given to the reasons for their refusal, and that if they are reasonable reasons they will be compensated for the fact that their inability to accept the offer arises from a change in the policy of the Government and from the development of these inventions.
I also hope that the right hon. Gentleman will accept this Amendment, because it is intended to be a declaration of the general intentions of Parliament in this matter, a declaration that, save in exceptional cases, these men are entitled not to be damaged in any way by a change in Government policy and by development in the character of the very peculiar employment in which they have been engaged.
We recognise that the problem that lies behind this Amendment is of very great importance, and we have given a great deal of thought to it. I welcome this opportunity to clarify, if I can, the intentions of the Government in the matter. Of course, when the employer of a large number of men disappears and a new employer suddenly arrives on the scene, there are bound to be many anxieties, and the staff are bound to say, "We want to know what is going to happen to us." That is very natural.
As the Government in this case are the cause of the change of employer, we recognise that it is our duty to make the transfer go through as smoothly as possible. We want the largest number of the staff to transfer, and to do so with the conviction that they are doing the right thing. I believe that hon. Members opposite have the same views about this matter. The question is how we can best do it in this period that has been described as an interregnum.
The first point I wish to make is that there is no true analogy between the Atomic Energy Authority and the other nationalised industries, because when coal, gas, electricity and the railways were nationalised, all the installations and all the working places concerned were compulsorily transferred to the State. Therefore, a miner or a railwayman had nowhere else to use his skill if he did not go over to the nationalised industry.
That, I think, constituted a situation in which it was perfectly right for Parliament to make special provision for those men. But with the Atomic Energy undertaking the position is different. All the staff are now civil servants in the Lord President's Department. They can elect to remain civil servants if they wish so to do.
I think it was the hon. Member for Whitehaven (Mr. F. Anderson) who really spoke for the temporaries, and who said that they had special anxieties in this matter. I want to try to show in a minute that the temporaries are going to be considerably better off as a result of the change than they are at the moment. As regards the general assurance on pay and conditions, I can only repeat what I said before, that we will see to it that the offers made are in all cases no worse than the existing conditions.
I do not think that the Schedule would do what its authors intended it to do. It does not appear to me, if I may use the words of the Amendment which we discussed on the last occasion, to be drafted by persons who seconding them. Under the Schedule they would have to be seconded.
Secondly, it says that all the others should be seconded on precisely the terms they enjoyed in the Civil Service. That is awkward, as we may want to promote some people who are seconded, and under the terms of the Schedule we must take them only on exactly the same terms. Then there is the question of prospects of advancement. That becomes one of the statutory elements in the conditions of service. Prospect of advancement is a very difficult conception. If hon. Gentlemen above the Gangway asked hon. Gentleman below the Gangway what they thought of their prospects of advancement, they would find it hard to arrive at any clear definition. I think it would be asking for trouble to put into the statute this conception of a money valuation for prospects of advancement.
The Schedule proposes that compensation shall be paid to men who are not offered a transfer on the conditions laid down. The hon. and learned Member for Kettering (Mr. Mitchison) appeared to suggest that if a man were asked to go from Harwell to Caithness, and did not wish to do so, he would be entitled to compensation. I feel that the Committee would not agree with the hon. and learned Member because, after all, anyone in the Civil Service has a duty to go where he is required, and that sort of compensation would not be right.
As laid down in the Schedule, the compensation terms can apply only in the case of established civil servants, because the temporary civil servants are already on one month's notice. Therefore, if they came to the Authority on the same conditions as are laid down in the Schedule, they would still be on one month's notice. It would be much cheaper for the Authority not to pay any compensation to the ex-temporaries, but to take them on and then dismiss them after a month. The best answer to the anxieties which quite rightly have been voiced on this Amendment and on the Schedule would be for me to describe what will happen to the staff.
Leaving aside that small group who will form the advisers of the Lord President, it is the intention, save in the most exceptional circumstances, to offer employment to all the staff, established and non-established. The reservation relates only to major disciplinary cases, security or otherwise. It is not expected that more than a very tiny number of these cases will arise, certainly less than 10. The Committee will realise that it is not only a question of security, but that there may be cases of moral turpitude—
Is the Minister now telling the House that there are people in the Ministry who may not be offered employment with the Authority, on security grounds or on grounds of moral turpitude, or something of that kind, and who have not been dismissed from the Ministry?
7.15 p.m.
There are, of course, cases under investigation. I could not say how many there would be by vesting date. That depends on what happens between now and vesting date. But it is not expected that there will be more than five or six. In other words, practically the entire staff will receive an offer, and only for major disciplinary reasons will no offer be made.
The established civil servants, non-industrial and industrial, will be as well off as they are now. It is just possible that a few very senior administrative civil servants will have less opportunities with the Authority of moving sideways or upwards than would have been the case had they remained in Government service where there are a number of Departments to which they might go. With the exception of that very small number of senior administrators, everyone who transfers will have better prospects. The Civil Service as a whole is contracting—that certainly goes for the industrial side—whereas the Atomic Energy project is expanding, and to come from a staff which is being reduced to one which is being increased must be attractive.
I pointed out how the terms of the Schedule are useless to the temporary civil servant, because he may be dismissed after a month if he transfers on exactly the same conditions.
If the Authority did adopt the device of taking on these people and then dismissing them without compensation, I should regard that as a very underhanded procedure.
I should, too, but nothing of the kind is likely to happen, for the reasons I have given. I was merely saying that the Schedule is badly drafted because under its terms that could happen.
I was referring to the future of the temporary civil servants. The Authority will do better for them, because it is proposed to offer them the same terms as for ex-established civil servants, except for the abolition of office conditions; that is to say, the ex-temporary civil servant will hold his appointment until retirement age, subject to dismissal for misconduct, inefficiency, ill-health or redundancy. He will be able to join a pension scheme and acquire rights under it. If he leaves the Authority before the retirement age for any of the reasons I have mentioned, he will be better off than he is now, because he has now no approved pension rights.
I was asked by my hon. Friend the Member for Abingdon (Mr. Neave), who has given this matter much attention, about allowances for moving. They will be no less generous than they are now. That is one of the more detailed points to which my attention was drawn by the hon. Member for Whitehaven and to which reference was made in paragraph 20 of the White Paper. All these points have to be discussed with the staff, and they will be. But what I think is wanted immediately, as soon as we can give it, is a declaration of intention, that is, the heads of the terms on which the transfer will take place.
The Authority has not yet come into existence, and until the membership is completed and it has had time to consider the various points, some of which were raised by the hon. Member for Sowerby (Mr. Houghton), it would not be right to make detailed arrangements about all these things. They must be settled quietly and carefully.
The Minister has mentioned the conditions of transfer concerning the temporary staff. Have those proposals been agreed between the staff unions and the Ministry, or are they now being intimated to this Committee before there have been any discussions or agreement with the unions?
I understand that there have been discussions, and we hope that those discussions will shortly be made more easy by the drawing up of the heads of intentions. That is what we are going to do, and I think it is as much as we can do at this moment. Of course we realise the anxieties of these men, but they have the very fullest assurances from the Government that their conditions will be no worse. They know that the ex-temporaries will certainly be better off, because they will have more settled conditions of service, including pension rights which they have not got now, and in most cases their prospects of advancement will be improved by going into this expanding business on the basis which will be offered.
It seems to us that this is a good and fair offer. It is the best that we can make at the moment. Naturally, the men concerned would like to see all the details spelled out, and in time they will be; but this is one of those awkward features which are bound to arise when we either nationalise a private industry or cut out of a Department an Authority like this and set it up under a different employer. We are bound to have this sort of trouble, and it is bound to take a little time before they are resolved. I should have thought that, of all the changes of employer which we have discussed on nationalisation Measures, this is probably the best one for the men concerned, for the reasons advanced by the hon. Member for Sowerby.
I hope that as the new Schedule, which has good intention behind it, would not work, for the reasons I have given, and as we intend to do better than the new Schedule would do, the Committee will not divide on the Amendment. Our intentions are good, and we are satisfied that the words proposed would not be to the advantage of the staff.
I do not think that anyone on this side of the Committee doubts the intention of the Government in this matter. It is to everybody's interest that the terms of employment of the people who join the Authority should be attractive. However, it is one matter to have good intentions and a general desire to see that people are well treated, and another to have something specific enough to satisfy the reasonable doubts of those who are to be the employees of the Authority.
When we put down the Amendment we felt that the declaration of intention by the Minister on Second Reading, while acceptable and while no doubt honest and sincere, did not go far enough. We agree that the wording we suggest may not be perfect. It is always difficult for those without the facilities of a Government Department to express in good legal language the intention they have in mind. We believe that, broadly, the new Schedule represents a fair proposal which the Government could accept if they wanted to carry out in the letter as well as the spirit the broad declaration they have already made.
My hon. Friends will not accept the argument that the new Schedule is not acceptable because it is imperfect in one or two minor points of detail. We agree that it may be imperfect, but if the Government were prepared to accept the spirit of the new Schedule and to promise that they would bring forward a provision to carry out the intention, expressed in better language, we should be fully satisfied.
The difficulty arises because up to now these people have been employed by a Government Department. In future, they will be employed by the Authority where Government control will not be so direct and where, moreover, chances of moving from one job to another will not be so great. Therefore, the people are fully justified in demanding that they should be reasonably assured, not by a general statement by the Minister but by something more specific—either by Amendment of the Bill or by some broad agreement arrived at in the Whitley Council—that their position will be fully safeguarded.
I have not been satisfied with what the Minister has said. I am worried about the position of the unestablished staff. The right hon. Gentleman says that these people are subject to dismissal at one month's notice. That may be technically correct, but what happens is that people join the staff of the Ministry of Supply and work in the atomic energy project, and although, theoretically, they are liable to one month's notice they expect to work there, it may be to complete a certain job, for two or three years. They do not expect to be sacked within a month. They have every reason to believe that they will work there for some time. They may not want to work there permanently They may want to move to industry, to a university or somewhere else.
These people are to be in a situation of danger because, should the Authority no longer require their help, it will be able to say under the strict letter of the contract, "We give you one month's notice," whereas if the people had remained in the employment of the Ministry it is unlikely that that would have happened. They would probably have remained there and completed their job. It seems to us that some special protection should be given to the unestablished staff. It is no use saying that these people can be dismissed at the moment at one month's notice. In fact, that is most unlikely to happen.
They should be protected against the Authority saying, after six months, "Never mind what your prospects were and what may have happened if you had remained as servants of the Ministry; you are going out; no compensation; nothing; thank you very much—goodbye." Further consideration must be given to the position of these people.
The Minister said that these matters were being discussed with the staff and that it was not possible, at this stage, to lay down in detail the terms and conditions of service which the Authority proposed to carry out because they could be worked out only over the course of many months. That is reasonable, but that we understand that discussions have taken place, and are taking place today, on the Departmental Whitley Council, not about small details but about the broad heads of agreement and the intention, which the Minister himself referred to, under which the staff are to work in the Authority.
It may well be that these discussions will proceed quickly and that during the next week or two general agreement may be arrived at which will satisfy the professional bodies concerned and the Members of this Committee, although it does not follow that in all matters the Members of the Committee will take the views of the staff organisation. We may differ from them.
If it is likely, and I gather from the Minister that it is, that as a result of these discussions broad declarations of intention are to be worked out in greater detail than we have been given already by the Minister on Second Reading—but not, I agree, in minute detail—that affects the situation. In those circumstances, my hon. Friends might be prepared to say that we should wait and see. It may be that in a week or a fortnight agreement will have been reached on some broad intentions and we may be told what the policy will be. We shall be able to examine those intentions to see whether they appear to be satisfactory or not.
7.30 p.m.
If the right hon. Gentleman can tell us that they will go ahead with the job and are likely before long to have evolved some general declaration which we can examine, it may well be that my hon. Friends would be very happy to wait to see what is said and whether agreement is reached, in which case it would be unnecessary to pursue the matter further. If the right hon. Gentleman can say that the Government will be able to produce some such document which will give in greater detail than we have heard the intentions of the Authority, and upon which the organisations concerned may agree, I think that my hon. Friend the Member for Cleveland (Mr. Palmer) will be willing to leave the matter where it is, reserving the right to pursue it later if we are still unsatisfied. I very much hope that the Minister will be able to tell us that something will be put before us before the Report stage and that we shall be able to examine the matter then and determine whether or not we wish to pursue it further.
I hope I can satisfy the right hon. Gentleman. He is correct in saying that the conversations are proceeding. The Government very much desire that an acceptable declaration of intentions shall be reached as soon as possible. I cannot put any date to that, because it takes two sides to reach agreement upon a document of that kind. However, I believe that the offer that we are discussing is fair and reasonable, and I have every hope that in 10 days' time, or some such period as that, we shall be able to come to an agreement which will then be put in the hands of everyone on the Authority's staff so that many of their anxieties will be set at rest.
In view of the Minister's assurance that he will let us have something further at a later stage, I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
I beg to move, in page 3, line 12, at the end, to insert:
The Amendment falls, naturally, into two parts. The first part is concerned with the general duty of the Authority to develop the knowledge, production and use of atomic energy. The second part is concerned with problems of safety affecting the workers and the general public. It might be said that the second part could be divided into two sections, one relating to the general public and the other to the workers, but I feel that we may take it that generically the second part of the Amendment is concerned with public safety in respect of the workers in the industry and those outside who may be affected by atomic development.
It is not my intention to detain the Committee unduly by developing the field of the duties that we wish to have laid upon the new Authority. The duties are clear. It is obvious that in this great new development the Authority should have the duty and responsibility of disseminating as widely as possible information about atomic energy, engaging as accurately as possible in the production of atomic energy, and developing new processes. We do not want the Authority merely to continue to tick over on the basis of past experience. We wish the new Authority to be dynamic and energetic in developing its own resources and new ideas and in engaging in new developments. For that reason, we think that the Bill is incomplete unless these duties are specifically laid on the Authority.
I want to refer for a moment to the extent of public interest in atomic development. It is true that knowledge of atomic energy must in a certain area be restricted by secrecy so far as the development of weapons of war is concerned. Thus, it is obvious that there must be secrecy, but, at the same time, there is a danger that the necessary secrecy required to prevent the publication of information about atomic energy for war purposes may be translated to the whole area of knowledge of atomic energy which may be useful for industry and for future development. For that reason, we are anxious that the knowledge and information which may be published shall be published as widely as possible.
In order to appreciate that, one has only to consider the centre page of the average American paper. There, day after day, one sees articles on atomic energy. Most American schoolboys have a general idea of the basic nature of nuclear fission, but that is not the case in this country, despite the fact that we have progressed at least as far as the Americans in the actual physical production of atomic energy.
Therefore, I hope the Government will be prepared to accept that it should be an actual duty of the Authority to engage in the publication of permissible information about nuclear fission, that the Authority should also energetically engage in developing new techniques of nuclear fission, and that the Authority should not proceed merely on the basis of what has gone before but should apply itself dynamically to future experiment and development.
I was pleased to hear the extremely imaginative language which the Minister of Works used in talking about nuclear fission. Speaking of the developments in Caithness, he used the metaphors of exploration. It is appropriate that that should be so, because we are extending the frontiers of our knowledge and entering territories of human understanding which have hitherto not been explored. It is precisely for that reason that we come to the second part of the Amendment, that which is concerned with the safety of workers and the general public.
We are entering, with our scientists into a very dangerous world. We are entering into scientific explorations whose outcome no one can foretell. Indeed, even in the case of Dounreay, the Minister of Works, when questioned about the cost and the length of time that the physical construction of the reactor would take, was unable to give any definite answer simply because, as he indicated, the actual cost and requirements of the new development would emerge only in course of construction. Consequently, we are entering upon a wholly uncharted sea. For that reason, the Opposition are insistent that specific duties should be laid upon the Authority to safeguard the health and welfare of the employees and the general public.
There is clearly a danger in trying to insert specific safeguards into a Bill of this kind. We recognise the danger. We do not want to have a man with a little red flag walking in front of the locomotive of atomic development. We do not want to hold up progress simply because we are cautious and do not want to engage in a dangerous enterprise; but we have to remember that the rate of progress must, to a great extent, be determined by the physical laws of the problems we are tackling, and it is for that reason that, as far as both the workers and the public are concerned, we want to introduce into the Clause these specific safeguards which I have mentioned.
I have looked up existing legislation on safeguarding the health of people engaged in industry, and I have examined Section 60 of the Factories Act, to which the Attorney-General referred, in order to see whether there is any existing provision which would safeguard the health of the workers engaged in this industry. Even Section 60 of the Factories Act, with its general power to make regulations affecting the health of workers in industry, seems to me to be inadequate to cover these specific dangers with which we are here concerned, and the Radioactive Substances Act of 1948 was a similar case. In those cases, there are certain permissive powers which come within the office of the Lord President, but what we seek here is a codification of the necessary regulations in order to make sure that there will be detailed safeguards for the health of the workers who are engaged in this unknown and uncertain development.
Atomic energy is totally different in its manifestations from any other form of industry. A worker in a woodworking factory, for example, if exposed to danger from a circular saw, knows that, through his trade union and the factory inspector, he can make a complaint and that the saw will be provided with a fence. He knows that, if there is unprotected machinery, which constitutes a danger, he can complain and it will be given a guard. In every form of industry, there is provision which will act as a safeguard for the worker.
In this matter it is an entirely different problem, because atomic radiation and radioactivity are not something which can be appreciated by any of the five senses; at any rate, they cannot be appreciated immediately. If a man puts a finger on an electric wire, he is immediately conscious of the danger to which he is exposed, but in the case of the emanations of radioactivity, he is unconscious of them until the manifestations make themselves clear days or even weeks later.
The result is that, a person working in an atomic energy pile or in anything connected with reactors is not immediately aware of the danger with which he is confronted; and secondly, we have to bear in mind that, despite the manifold and elaborate care which is taken in our factories, including fission factories and installations, and despite the magnificent care for the health of the workers which is at present in existence, there are here grave dangers in the actual production of fissile material or of nuclear energy.
I do not want in any sense to sound an alarmist this evening. I know that, in the excellent booklet on Britain's atomic factories, a section is devoted to the health and care of the workers under the existing arrangements, and I know that the detailed care of the health of the workers who are at present engaged in this industry is probably just as good as in any other conventional form of industry, including the Royal Ordnance Factories. But if one regards the detailed care which has been taken and the very complicated arrangements which have to be performed daily in order to guard the health of the worker in this matter of radioactive material, we can see that the health of the worker can only be guarded by unremitting care, and I stress the word "unremitting" because the moment we slackened in applying these arrangements, then, indeed, the gravest dangers would begin to manifest themselves among the workers who are exposed to this form of radioactivity.
7.45 p.m
In the last few days, we have had dramatic illustrations of the dangers which can come from radio-activity. The Japanese fishermen who have been exposed to radioactive particles 90 miles from an explosion, two of whom have developed skin cancer, have dramatised the dangers which exist from radioactivity, and, without wishing to harry the House, I should like to quote very briefly from the book on "Surgery" in the "Medical History of the Second World War," by Sir Zachary Cope, a very distinguished surgeon, and give the House what he said about the dangers of radioactivity. Speaking of gamma rays, one of the major manifestations of this kind, he said:
So far, I have spoken about the case of the workers inside atomic energy installations. May I now refer to the dangers to those who live in an area where there may be atomic energy reactors or any process that may be developed and may constitute a danger to those who live where the installation exists? The Minister of Works said in a previous debate that we are engaged in what is to a great extent an experiment. He spoke about the "Dome of Discovery" and the steel cage which goes round it, and he indicated that there might possibly be certain radioactive emanations, but he thought they would not be harmful to the health of people living round about. I hope that is true, and I should like to know tonight to what extent that has been established. What has been the degree of emanation which scientists developing the new reactors are going to permit in the atmosphere surrounding these new reactors? All those considerations are very much in our minds.
Our views in the matter are reinforced very strongly by those of Sir Christopher Hinton, given when he spoke in New York in 1953 about the development of atomic energy. I quote from "The Times" report of the speech:
We are apt to suppose that dangers arise only from ratioactive particles, from the pollution of rivers or from the general pollution of the atmosphere. There are other dangers about which we do not know. We insist that it should be the duty of the Authority to safeguard not only the health of the workers but the health of the public, and to allow no considerations of prestige or public acclaim to encourage them to proceed beyond the limits of safety.
It might be for the convenience of the Committee if I replied to the hon. Member for Coventry, North (Mr. Edelman) straight away. I hope I may be able to dispel some of his fears. The hon. Gentleman said that his Amendment fell into two parts, and I venture to suggest that it really falls into three parts. My reply can deal with the Amendment as if it were divided into three parts more conveniently than if it were divided into two.
The first point in the Amendment is that it seeks to place a general duty upon the Authority
The word "development" really covers the production and use of atomic energy. The Lord President of the Council has the duty of development laid upon him, and he has the power to give directions accordingly to the Authority. If we imposed upon the Authority a general duty of the same character as that which the Bill contemplates will rest upon the Lord President, we might create conflict and a certain amount of confusion. It might, for instance, be suggested that it was the general duty of the Authority to do something to which the Lord President did not agree. One does not know that that sort of thing would arise, but it is essential that a general duty of that character should rest upon the Lord President. It is the Government's declared intention to retain in their own hands the general policy in relation to development, that is, to the knowledge, production and use of atomic energy, and to delegate the execution of that policy to the Authority. So much for the first point.
I appreciate the point being made by the hon. and learned Gentleman, but the Amendment proposes to give to the Authority certain powers which are not to be given to the Lord President of the Council, in particular the duty of developing
"the knowledge, production and use of atomic energy."
In Clause 3 (1) the duties given to the Lord President do not include those, but talk merely about promotion and control. Can the Solicitor-General say that when we come to that Clause the Minister will be likely to accept an Amendment to give to the Lord President of the Council the duty of distributing knowledge about atomic energy?
In answer to the right hon. Gentleman, I repeat what I said a few moments ago, that "development" seems to include production and use. If we promote the development of atomic energy we do promote the knowledge, production and use of it. It is a difference of words, but I think that the promotion of development would include those functions. The general duty of development is to be laid upon the Lord President of the Council, and it would be wrong to impose a general duty of that character upon the Authority.
Now I will turn to the second part of the speech of the hon. Member for Coventry, North, when he dealt with the obligations which he seeks to impose upon the Authority
My short answer is that there is no need for any statutory imposition of a duty of that kind. Under the common law there will be a very onerous duty in relation to the safety of the public. The hon. and learned Member for Kettering (Mr. Mitchison) is as familiar as I am with the decisions in Rylands v. Fletcher, and that line of authorities. Those decisions will apply here. I understand that the law in Scotland in relation to these matters is the same as in England. It would be unwise to seek to alter the common law position by introducing here a statutory obligation which in one way is less than the common law obligation.
The Committee will see that the proposed words are
The hon. Member did not suggest that those precautions were not taken but he emphasised, quite rightly, the necessity to exercise unremitting care. While recognising that care must be exercised, in view of the existence, which I do not think will be disputed, of the common law duty in relation to the public, I do not think there is any need to take power by regulations to make provisions for the public safety.
8.0 p.m.
While I recognise fully the consequential remedies which lie in the hands of members of the public who may be injured as a result of neglect on the part of those responsible, the intention of the Amendment is to impose a specific duty on the Authority to make sure that at no time will the Authority, for political reasons or prestige reasons or any other reasons, go beyond the limits of safety which we consider to be suitable. For that reason we consider it necessary to impose a specific duty on the Authority.
Not only would that not be right, but the Amendment does not do it. We must assume that the Authority will do its utmost to ensure the safety of the public. We can proceed from that as common ground. If something goes wrong and members of the public are injured—and I am assuming that the members of the public are outside the precincts—there will be a right of action by them, but there will be the strongest possible incentive to the Authority to try to prevent anything from going wrong.
I do not believe that the addition of a power to make further regulations, which is all that is sought in the Amendment, would in any way increase the care which the Authority will naturally exercise. It might interest the Committee to know that in all the time that Harwell has been going here has been no case of injury through radiation, although it is true that just outside the establishment there have been two fatal road accidents. That has no connection with radioactivity.
Would not any failure on the part of the Authority to take due care and precautions possibly be the subject of a direction by the Lord President under Clause 3 (3)? Would not that meet the hon. Member's case?
If he thought there were a general neglect, it would always be within the Lord President's power to give directions. He can give directions where he considers the matter to be of overriding national interest. The words are:
May I come to the third and final point which the Amendment raises—the duty which the hon. Member would seek to impose on the Authority to ensure Harwell has, on average, been less than that of the light engineering industry. The hon. Member is seeking a power to make regulations.
"Or otherwise."
As far as "or otherwise" is concerned, I do not think we want the statutory duty, because there is the overriding power to give directions. I do not think we want to put a statutory duty on the Authority; that is unnecessary.
As for the regulations, the hon. Member said he had looked at the Factories Act, 1937, and the Radioactive Substances Act, 1948. Of course the factories Act applies, as does the Radioactive Substances Act. Under each one of those Acts it is possible to make regulations—under Section 5 of the 1948 Act, and I have forgotten the section of the Factories Act. Regulations under the Factories Act frequently deal with safety, health and welfare, and I am inclined to the view, although I will look into it further, that if we wanted to make regulations such as we have in a factory in relation to a piece of machinery like one of the woodworking machines which cause so many accidents, or like a circular saw—if we want to make regulations of that character, we already have power to take them under the Factories Act.
Is it not the case that no single regulation has been made under the Factories Act and is it not the case that all safety precautions now taken in atomic energy stations are at the discretion of those who are responsible for the conduct of those stations?
I was coming to that. I was first dealing with the power to make regulations, because this Amendment seeks to confer power to make regulations. In my view that part of it is unnecessary, because I am inclined to the view that power exists to make regulations.
Let us assume that it does. Then we have the question: should regulations be made? We have this to bear in mind—that we can have regulations made by people managing a factory on safety, health and everything else which are not regulations having the force of law, but which may be very effective and can be changed from time to time. I am sure the hon. Member is not seeking to suggest, having regard to the accident record, that due precautions have not been taken at Harwell; the greatest precautions have, in fact, been taken.
In his speech on what I found an unknown field—and a most interesting field—the hon. Member emphasised that much is unknown and uncertain. It may be that until more is known about it the best way of regulating these matters and making regulations to deal with health and safety will be through the kind of regulations which the Authority can make on its own, without any statutory power. It may well be that, as knowledge progresses, from time to time these regulations will require to be changed.
I feel that what the hon. Gentleman would like to be certain about when passing an Act of Parliament is that the power exists to make regulations such as we have under the Factories Act in relation to factories, and should regulations of that kind be required, I will certainly look further into that point. I think that adequate powers do exist
And duties?
This Amendment is dealt with under the general duty "as far as may be by appropriate regulations." That gives the power by appropriate regulations. I am saying that I think there is the power to make these regulations, if it is required to make such regulations. If it is to be said that what we want to see in this Bill is something to the effect that it shall be the general policy of the Authority to have regard to the safety, health and welfare of persons in their employment, that is merely expressing what the Authority will certainly do.
I will certainly undertake to consider whether, if hon. Gentlemen opposite desire it, we should not insert in this part of the Bill a provision similar to that in the Coal Industry Nationalisation Act, 1946, where it was enacted specifically that the policy of the board in that case should be directed to "securing, consistent with the proper discharge of its duties under Section 1 (1), the safety, health and welfare of persons in their employment." If the hon. Gentleman wishes to see something of that sort in the Bill, I will certainly consider that, but so far as the regulation-making power is concerned, which also emerges from the Amendment, I feel that there is no need to take additional power.
I am very reluctant to embark upon any discussion about the law with the learned Solicitor-General, because I feel that if, perchance, I thought I was right at the end of it, it could only be, in the well-known words of the Scots judge, the infirmity of my own judgment; but, nonetheless, I do take leave to differ from some of the observations which he has just been addressing to the Committee.
The first point I want to make is this: that the intention of this Clause is not to give any power, but to impose a duty. We are told that the Authority has no general duty and it cannot have any general duty because the Lord President has it. I find that argument the more unconvincing when I look at the proposed Amendment which starts by recognising the Lord President's general duty and saying in terms that the Authority's duty shall only be subject to that.
I find it a little more unconvincing, too, when I look at the side-note of Clause 2 which refers to the principal powers and duties of the Authority. I have listened to what the hon. and learned Gentleman said and I have read. I hope carefully, through the Clause. Powers there are abundantly, but neither in what he said nor in the Clause itself can I find a single duty. I have, I suppose, too tidy and pernickety a mind, but I do rather dislike setting up an Authority without giving it any duty at all. I thought that we had given it a duty which corresponded fairly well with its powers, that it expresses what the common sense of us all would regard as the likely duty of the Authority and, therefore, imposes on it the duty we all intend it should have.
8.15 p.m.
For the moment, I am only referring to the general words at the beginning of the Clause. I find it very puzzling indeed to be told that not only has not the Authority got a duty, but, apparently, it ought not to have one, or, at any rate, if it has it is to be the kind of duty we cannot put into the Bill. I just do not understand that. I must be too simple for these things. The Lord President has this duty and subject to that I should have thought the Authority would have something to do or we would not be setting it up, and yet it does not appear to have a duty or if it has it is one that cannot be put into language. It is some mysterious, inexplicable, undefinable and unrecognisable duty.
With great respect to the hon. and learned Gentleman, I do not believe that really is the right way to draft a statute. I should quite agree if he said that we have not put it quite right, this is not the duty it is intended to have, or we ought to have put it at greater length, but to refuse to put in any duty at all on the grounds that someone else has an overriding duty as we all recognise, seems to me, with great respect, to be rather inconsequential.
Next, as to the particular duties which were mentioned I accept the hon. and learned Gentleman's separation of those duties. One is as regards people working in the establishment and the other is as regards the public. I would again, as the Solicitor-General invited me to agree with him in these matters, like to say a word or two on what he said about this business of the liability of people responsible for very dangerous and exceptional material. He referred I think to Rylands v. Fletcher. I do not want to discuss the law and I shall have to be as short and simple as I can. I hope that these propositions will commend themselves to him, that there is very considerable doubt as to what is and what is not the natural use of land and the whole of the doctrine to which he refers depends on whether or not the use of the land where this exceptionally dangerous material is, is or is not natural.
A case he will remember very well was where those well known owners of tea shops, Messrs. J. Lyons & Co., had taken to making shells during the war in support of the national effort. It was intimated in fairly clear terms and, I think, unanimously in speeches in another place that their Lordships would not have been prepared to hold that the user of the land was a non-natural one, at any rate in wartime. I do not quite know where we begin to draw the line as between the manufacture of shells and the production of atomic energy and radioactive material, and I should be sorry to rest the rights of the subject, the rights of the public and the general security of people working in places and all those in the neighbourhood on any such rather difficult and quite uncertain distinctions. I feel sure that the hon. and learned Gentleman himself would not be prepared to give us a sharp and definite ruling as to what was and was not the natural use of land.
The second point is this. I take this matter up, again with the knowledge that if I differ with the hon. and learned Gentleman in this it must be because of my infirm judgment. In that knowledge I put my second point to him, and here I think we can be in no doubt at all, that the doctrine applies to dangerous materials getting lost or escaping. Therefore, it does not cover the case of anyone damaged by this radiation, or whatever it is, when he is on the premises, whether as a worker or as a visitor. I think the hon. and learned Gentleman told us that there can be no doubt about that. Therefore, so far as this Clause deals with a duty towards persons on the premises, the doctrine to which he refers has no application.
There is a third and much more serious point about it. He knows very well that few subjects have been more discussed and led to more difficulty than this one. There is a very serious doubt, as he will see in one of the speeches in the Joe Lyons case, if I may so refer to it, though its correct title is Read v. J. Lyons & Co., 1947 Appeal Cases, whether the doctrine to which he referred is anything more than a matter of damage to property and whether it is not really a question of obligation as between owners and others interested in land. There is doubt whether it extends to persons at all.
I would say, quite shortly on that point, that there is too much uncertainty in the common law in that particular respect to found anything on it, particularly when we are dealing with such an obviously dangerous material as that with which we are concerned here. It is not only dangerous now, but there may be further developments which are quite unknown not merely to us but to those who are most expert in its present use.
Then there is the question as to whether there ought to be a duty to make regulations. I was very much impressed indeed with a very practical point about this, that there has been, as I think the hon. and learned Gentleman indicated, the power to make regulations about radioactive substances, especially with regard to injury being caused, for instance, by ionising radiation and that seems to be the kind of thing we are dealing with. Here, I would refer to the Radioactive Substances Act, 1948, where Section 5 says:
One would think that the existence of that Section in that Act indicated a real need for regulations. Indeed, it may be said, "Since you have that power why do you want any more?" The answer to that is very short and very simple. In the Radioactive Substances Act there is no duty, but there is a power. That is the first point, and what we are seeking to do in this Amendment is to impose a duty in this respect. It has to be a specific duty, though I doubt whether it would give rise to any legal obligation enforceable in a court of law.
The power under the Act vests with the appropriate Minister, and the appropriate Minister is the Minister designated for the purpose by Order in Council. We on this side of the Committee objected at an earlier stage to the removal of these matters to that modest violet the Minister of Supply who is, unfortunately, giving them up without protest. I am certain that he and the hon. and learned Gentleman will agree that, when they are removed, the appropriate Minister is no longer the right person to make those regulations, and I would have thought that the Authority should make them and that, therefore, the duty should rightly be imposed on the Authority—[ Interruption. ] Did the noble Lord wish to interrupt?
I thought I heard an alarm go off which might be thought to be a time limit on the hon. and learned Gentleman.
I do not know the answer to that interjection.
I was saying that I would have thought the Authority should have that duty. If the point is that the Lord President ought to make the regulations provided a duty is imposed, I do not think we would object on this side of the Committee. Therefore, having listened carefully and attentively to what the hon. and learned Gentleman said, I still feel convinced that a provision of this sort is unnecessary and I see no real reason why the Government should not accept it.
I support the Government on the distinction between power and duty, and I would have thought that the first part of the speech of the hon. and learned Gentleman the Member for Kettering (Mr. Mitchison) was answered in advance by my hon. and learned Friend the Solicitor-General. He said that, if a duty were inserted in this Clause, the Authority might find itself in conflict with the Lord President in determining how to promote its duties. Although I think that the Clauses might be rearranged, it is obviously right that the Lord President should be charged with the duty of promoting and controlling the development of atomic energy and then that the corporation should listen respectfully to those duties and be given the powers to carry them out.
I see that the hon. Gentleman the Member for Reading, South (Mr. Mikardo) wants to intervene on this subject. I imagine that he considers himself to be an authority who should have laid upon him the duty of promoting and controlling the development of Socialist theory. But he would be very grieved to find that Transport House also had the duty of promoting and controlling the dissemination of Socialist theory. Obviously he would like it as it is in this Bill, with the duty imposed upon him to develop the theory and with the power lying in Transport House to carry it out. I should like to know the answer of the hon. Gentleman on that point.
If the Government are right in keeping this Clause confined entirely to power, it is surely wrong to insert the word "duty."
8.30 p.m.
When the noble Lord talked about the relationship between myself and Transport House, he became so far removed from the solid ground of reality, and got so far up into the clouds, that he became almost radioactive. I am not disposed, therefore, to follow him in that line of argument lest I should suffer some injury from his emanations.
I want to put only two points. When I saw that it was the hon. and learned Gentleman the Solicitor-General who was to reply to this debate on behalf of the Government, I thought it was a pretty fair bet that my hon. Friend would not get a very accommodating answer; in fact, I thought it was better than a pretty fair bet; I thought it was a three-star nap, and I think that the debate has proved that I was not far wrong.
The first of my two points concerns the point made by the hon. and learned Gentleman about the relations between the duties mentioned in this Amendment and those imposed on the Lord President under Clause 3 (1). My second point is a general one about the relationship between the various parts of the Amendment. On this first point, the hon. and learned Gentleman thought that a duty to develop knowledge, production and use of atomic energy was synonymous with the duty to promote and control the development of atomic energy. I understood that what the hon. and learned Gentleman was arguing at one stage in the early part of his speech, though he seemed to skip over it with rather less than his usual thoroughness, was that the duty which is imposed upon an authority in this Amendment was laid by Clause 3 on the Lord President of the Council.
Those two forms of words are very different and if I can convince the Committee of that fact, then surely I shall have taken away the substance of the argument that the Amendment is unnecessary. I know that those words are interpreted by lawyers, and I do not confess to being one. Therefore I do not want to get into the deep waters of the interchange between the hon. and learned Gentleman the Solicitor-General and my hon. and learned Friend the Member for Kettering (Mr. Mitchison); but it seems to me, as a layman, that by any straightforward reading of these two phrases they are by no means synonymous.
A duty to promote and control the development of atomic energy is a duty of ensuring the maximum output of atomic energy in its present state of development. It in no way constitutes a duty to develop knowledge about atomic energy so that new methods of developing or using it may be discovered. Therefore, I think that development of the knowledge of atomic energy is not contained within the phrase "to promote and control the development of atomic energy."
It may well be that to develop the production of atomic energy would be contained in the phrase if it merely read, "to promote the development of atomic energy," but the duty laid upon the Lord President under Clause 3 (1) is to promote and control the development of atomic energy. Indeed, controlling might be not maximising but minimising production; it might be limiting production. There again there is a sharp difference between the sense of Clause 3 and the sense of this Amendment.
The third word in the operative phrase of this Amendment is "use"—
The other point is concerned with the structure of the Amendment. The Solicitor-General seemed to be anxious, as he said, to divide the Amendment, like Gaul, into three parts, but I would remind the hon. and learned Gentleman that the three parts into which Gaul was divided were not hermetically sealed off and self-contained. There was a close connection between them, and here there is a close connection between the first and second parts of the Amendment. They are two things which have been put into the Amendment just because one is closely linked with the other. The Amendment says:
One can always increase production with the same money and manpower if one decreases safety precautions, or alternatively any increase in safety precautions slows down production. Therefore, in the mind of anyone who is managing any sort of industrial process there is a conflict between the demands of greater production and the demands of greater safety precautions.
With the best will in the world, and the highest degree of conscientiousness that the managers of these establishments may be expected to exhibit, as they have already exhibited, it is still possible, and indeed almost certain, that many of the executives of these organisations on many occasions will be faced with the choice of alternative things which they should do, one of which is better for production and not so good for safety, and the other better for safety and not so good for production. Our Amendment seeks to link these two things together.
If I were working as an executive in an atomic energy plant trying to carry out the duties laid upon me in this Bill to the best of my ability, I should read the Amendment as saying, "You must do your best to get output, but not at any sacrifice of the interests of safety." In other words, I should read it as an instruction always to come down on the safety side at any point at which considerations of production and of safety were in conflict with one another. That duty is surely not laid anywhere upon
those who have to operate these atomic energy establishments, and I should have thought it would have been a proper thing that such a duty should be laid on these persons. For these reasons, I cannot understand why the Solicitor-General has not been much more accommodating about this matter.
Question put, "That those words be there inserted."
The Committee divided: Ayes, 215; Noes, 246.
Division No. 54.] AYES [8.40 p.m. Acland, Sir Richard Greenwood, Anthony (Rossendale) Messer, Sir F. Adams, Richard Grenfell, Rt. Hon. D. R. Mikardo, Ian Albu, A. H. Grey, C. F. Mitchison, G. R. Allen, Arthur (Bosworth) Griffiths, David (Rother Valley) Monslow W. Allen, Scholefield (Crewe) Griffiths, Rt. Hon. James (Llanelly) Moody, A. S. Anderson, Frank (Whitehaven) Griffiths, William (Exchange) Morley, R. Attlee, Rt. Hon. C. R. Hall, Rt. Hon. Glenvil (Colne Valley) Morris, Percy (Swansea, W.) Awbery, S. S. Hall, John T. (Gateshead, W.) Mort, D. L. Bacon, Miss Alice Hamilton, W. W. Moyle, A. Barnes, Rt. Hon. A. J. Hannan, W. Mulley, F. W Bartley, P. Hardy, E. A. Murray, J D. Bellenger, Rt. Hon. F. J Hargreaves, A. Neal, Harold (Bolsover) Benn, Hon. Wedgwood Harrison, J. (Nottingham, E.) O'Brien, T Benson, G. Hastings, S. Oldfield, W. H. Beswick, F. Hayman, F. H. Oliver, G. H. Blackburn, F. Henderson, Rt. Hon. A. (Rowley Regis) Orbach, M. Blyton, W. R. Hewitson, Capt. M. Padley, W E. Boardman, H. Hobson, C. R Paling, Rt. Hon. W. (Dearne Valley) Bottomley, Rt. Hon A G Holman, P. Paling, Will T. (Dewsbury) Bowden, H. W Houghton, Douglas Palmer, A. M. F. Bowles, F. G. Hoy, J. H. Pannell, Charles Brockway, A. F. Hudson, James (Ealing, N.) Pargiter, G. A Brook, Dryden (Halifax) Hughes, Cledwyn (Anglesey) Parker, J Broughton, Dr. A. D D Hughes, Emrys (S. Ayrshire) Pearl, T. F. Brown, Rt. Hon. George (Belper) Hughes, Hector (Aberdeen, N.) Plummer, Sir Leslie Brown, Thomas (Ince) Hynd, H. (Accrington) Popplewell, E. Burton, Miss F. E. Hynd, J. B. (Attercliffe) Porter, G. Butler, Herbert (Hackney, S) Irvine, A. J. (Edge Hill) Price, J. T. (Westhoughton) Callaghan, L. J. Irving, W. J. (Wood Green) Proctor, W. T. Carmichael, J. Isaacs, Rt. Hon. G. A. Pryde, D. J Champion, A. J Jay, Rt. Hon. D. P. T. Pursey, Cmdr. H Chapman, W. D. Jeger, George (Goole) Rankin, John Chetwynd, G. R. Jeger, Mrs. Lena Reeves, J. Clunie, J. Jenkins, R. H. (Stechford) Reid, Thomas (Swindon) Coldrick, W. Johnson, James (Rugby) Reid, William (Camlachie) Collick, P. H. Jones, David (Hartlepool) Robens, Rt. Hon. A. Corbet, Mrs. Freda Jones, Jack (Rotherham) Roberts, Albert (Normanton) Craddock, George (Bradford, S.) Jones, T. W. (Merioneth) Roberts, Goronwy (Caernarvon) Crossmam, R. H. S. Keenan, W. Robinson, Kenneth (St. Pancras, N.) Cullen, Mrs. A. Kenyon, C. Royle, C. Darling, George (Hillsborough) King, Dr. H. M. Shackleton, E. A. A Davies, Harold (Leek) Lee, Frederick (Newton) Shawcross, Rt. Hon. Sir Hartley de Freitas, Geoffrey Lever, Leslie (Ardwick) Short, E W Deer, G. Lewis, Arthur Shurmer, P. L. E. Dodds, N. N. Lindgren, G. S Silverman, Julius (Erdington) Dugdale, Rt. Hon. John (W Bromwich) Logan, D. G. Simmons, C. J. (Brierley Hill) Ede, Rt. Hon. J. C MacColl, J. E. Skeffington, A. M. Edelman, M. McGhee, H. G. Slater, J. (Durham, Sedgefield) Edwards, Rt. Hon. John (Brighouse) McGovern, J. Smith, Ellis (Stoke, S.) Edwards, Rt. Hon. Ness (Caerphilly) Mclnnes, J Smith, Norman (Nottingham, S.) Edwards, W. J. (Stepney) McKay, John (Wallsend) Sparks, J. A. Evans, Albert (Islington, S.W.) McLeavy, F. Stewart, Michael (Fulham, E.) Evans, Edward (Lowestoft) McNeil, Rt. Hon. H. Strauss, Rt. Hon. George (Vauxhall) Evans, Stanley (Wednesbury) MacPherson, Malcolm (Stirling) Stross, Dr. Barnett Fernyhough, E. Mainwaring, W. H. Summerskill, Rt. Hon. E. Fienburgh, W. Mallalieu, E. L. (Brigg) Sylvester, G. O. Follick, M. Mallalieu, J. P. W. (Huddersfield, E.) Taylor, Bernard (Mansfield) Foot, M. M. Mann, Mrs. Jean Taylor, John (West Lothian) Forman, J. C. Manuel, A. C Thomas, George (Cardiff) Fraser, Thomas (Hamilton) Marquand, Rt Hon H A Thomas, Iorwerth (Rhondda, W.) Gibson, C. W. Mason, Roy Thomas, Ivor Owen (Wrekin) Gooch, E. G. Mayhew, C P Thomson, George (Dundee, E.) Thornton, E. Wells, William (Walsall) Williams, W. R. (Droylsden) Timmons, J. West, D. G. Wilson, Rt. Hon. Harold (Huyton) Turner-Samuels, M. Wheeldon, W. E. Winterbottom, Ian (Nottingham, C.) Ungoed-Thomas, Sir Lynn White, Mrs. Eirene (E. Flint) Winterbottom, Richard (Brightside) Usborne, H. C. White, Henry (Derbyshire, N.E.) Woodburn, Rt. Hon. A Viant, S. P. Whiteley, Rt. Hon. W. Yates, V. F. Wallace, H. W. Wilkins, W. A. Younger, Rt. Hon. K Watkins, T. E. Willey, F. T. Webb, Rt. Hon. M. (Bradford, C.) Williams, Rev. Llywelyn (Abertillery) TELLERS FOR THE AYES: Weitzman, D. Williams, Ronald (Wigan) Mr. Pearson and Mr. Holmes. Wells, Percy (Faversham) Williams, Rt. Hon. Thomas (Don V'H'y)
NOES Alpert, C. J. M. Fyfe, Rt. Hon. Sir David Maxwell Maclean, Fitzroy Amory, Rt. Hon. Heathcoat (Tiverton) Galbraith, Rt. Hon. T. D. (Pollok) Macleod, Rt. Hon. lain (Enfield, W.) Anstruther-Gray, Major W. J. Garner-Evans, E. H. MacLeod, John (Ross and Cromarty) Arbuthnot, John George, Rt. Hon. Maj. G. Lloyd Macpherson, Niall (Dumfries) Astor, Hon. J. J. Glover, D. Maitland, Comdr. J. F. W.(Horncastle) Baker, P. A. D. Godber, J. B. Maitland, Patrick (Lanark) Baldock, Lt.-Cmdr. J. M Gomme-Duncan, Col. A Manningham-Buller, Sir R. E. Baldwin, A. E. Gower, H. R. Markham, Major Sir Frank Banks, Col. C. Graham, Sir Fergus Marlowe, A. A. H. Barber, Anthony Grimond, J. Marples, A. E. Barlow, Sir John Grimston, Hon. John (St. Albans) Maydon, Lt.-Comdr. S. L. C. Baxter, A. B. Grimston, Sir Robert (Westbury) Medlicott, Brig. F Beach, Maj. Hicks Hall, John (Wycombe) Mellor, Sir John Bennett, Dr. Reginald (Gosport) Harden, J. R. E. Molson, A H E. Bennett, William (Woodside) Harris, Frederic (Croydon, N.) Moore, Sir Thomas Bevins, J. R. (Toxteth) Harrison, Col. J. H. (Eye) Morrison, John (Salisbury) Birch, Nigel Harvey, Ian (Harrow, E.) Nabarro, G. D. N. Black, C. W. Harvie-Watt, Sir George Weave, Airey Bossom, Sir A. C. Hay, John Nicholls, Harmar Bowen, E. R. Heath, Edward Nicholson, Godfrey (Farnham) Boyd-Carpenter, Rt. Hon. J. A Higgs, J. M. C. Nicolson Nigel (Bournemouth, E.) Boyle, Sir Edward Hill, Dr. Charles (Luton) Nield, Basil (Chester) Braine, B. R. Hill, Mrs. E. (Wythenshawe) Noble, Cmdr. A. H. P Braithwaite, Sir Albert (Harrow, W.) Hinchingbrooke, Viscount Nugent, G. R. H Braithwaite, Sir Gurney Hirst, Geoffrey Oakshott, H. D Brooke, Henry (Hampstead) Holland-Martin, C. J. Odey, G. W. Browne, Jack (Govan) Holt, A. F. O'Neill, Hon Phelim (Co. Antrim, N.) Buchan-Hepburn, Rt. Hon. P. G. T Hope, Lord John Orr, Capt. L P. S. Bullard, D. G. Hopkinson, Rt. Hon. Henry Orr-Ewing, Charles Ian (Hendon, N.) Bullus, Wing Commander E. E. Horobin, I. M. Osborne, C Butcher, Sir Herbert Howard, Gerald (Cambridgeshire) Page, R. G. Carr, Robert Howard, Hon. Greville (St. Ives) Perkins, Sir Robert Cary, Sir Robert Hudson, Sir Austin (Lewisham, N.) Peto, Brig C. H M Channon, H. Hudson, W. R. A. (Hull, N.) Peyton, J. W. W Churchill, Rt. Hon. Sir Winston Hulbert, Wing Cdr. N. J. Pickthorn, K. W. M. Clarke, Col. Ralph (East Grinstead) Hutchison, Sir Ian Clark (E'b'rgh, W.) Pilkington, Capt. R. A. Clyde, Rt. Hon. J. L. Hyde, Lt.-Col. H. M. Pitman, I. J. Cole, Norman Hylton-Foster, H. B. H. Pitt, Miss E M Colegate, W. A. Iremonger, T. L. Powell, J. Enoch Conant, Maj. R. J. E. Jenkins, Robert (Dulwich) Prior-Palmer, Brig O L Cooper, Sqn. Ldr. Albert Jennings, Sir Roland Profumo, J. D. Cooper-Key, E. M. Johnson, Eric (Blackley) Raikes, Sir Victor Crookshank, Capt. Rt. Hon. H. F. C. Johnson, Howard (Kemptown) Ramsden, J. E. Crosthwaite-Eyre, Col. O. E. Jones, A. (Hall Green) Rayner, Brig. R Crouch, R. F. Joynson-Hicks, Hon. L. W Redmayne, M Crowder, Sir John (Finchley) Kaberry, D. Rees-Davies, W R Crowder, Petre (Ruislip—Northwood) Kerby, Capt. H. B. Remnant, Hon. P Darling, Sir William (Edinburgh, S.) Kerr, H. W. Renton, D L. M Davies, Rt. Hn. Clement (Montgomery) Lambert, Hon. G. Ridsdale, J. E Deedes, W. F. Lambton, Viscount Roberts, Peter (Heeley) Digby, S. Wingfield Lancaster, Col. C. G. Robertson, Sir David Donner, Sir P. W. Legge-Bourke, Maj. E. A. H. Robinson, Roland (Blackpool, S) Doughty, C. J. A. Legh, Hon. Peter (Petersfield) Robson-Brown, W. Douglas-Hamilton, Lord Malcolm Lennox-Boyd, Rt. Hon. A. T. Rodgers, John (Sevenoaks) Drewe, Sir C. Lindsay, Martin Roper, Sir Harold Dugdale, Rt. Hon. Sir T. (Richmond) Linstead, Sir H. N. Ropner, Col. Sir Leonard Duncan, Capt. J. A. L. Llewellyn, D. T. Russell, R. S. Duthie, W. S. Lloyd, Maj. Sir Guy (Renfrew, E.) Ryder, Capt. R. E. D. Eccles, Rt. Hon. Sir D. M. Lloyd, Rt. Hon. Selwyn (Wirral) Sandys, Rt. Hon. D. Eden, J. B. (Bournemouth, West) Lockwood, Lt.-Col. J. C. Schofield, Lt.-Col. W Elliot, Rt. Hon. W. E. Longden, Gilbert Scott-Miller, Cmdr. R Erroll, F. J. Low, A. R. W. Shepherd, William Fell, A. Lucas, Sir Jocelyn (Portsmouth, S.) Simon, J. E. S. (Middlesbrough, W.) Finlay, Graeme Lucas, P. B. (Brentford) Smithers, Peter (Winchester) Fisher, Nigel Lucas-Tooth, Sir Hugh Smithers, Sir Waldron (Orpington) Fleetwood-Hesketh, R. F, McCorquodale, Rt. Hon. M S. Smyth, Brig. J. G. (Norwood) Fletcher-Cooke, C- Macdonald, Sir Peter Snadden, W. McN. Foster, John McKibbin, A. J. Soames, Capt. C Fraser, Sir Ian (Morecambe & Lonsdale Mackie, J. H (Galloway) Spearman, A. C. M. Speir, R. M. Thompson, Lt.-Cdr. R. (Croydon, W) Watkinson, H. A. Stanley, Capt. Hon. Richard Thornton-Kemsley, Col. C. N. Webbe, Sir H. (London & Westminster) Stevens, G. P. Tilney, John Wellwood, W. Stoddart-Scott, Col M. Touche, Sir Gordon Williams, Rt. Hon. Charles (Torquay) Storey, S. Turton, R. H. Williams, Gerald (Tonbridge) Strauss, Henry (Norwich, S> Vane, W. M. F. Williams, Sir Herbert (Croydon, E.) Studholme, H. G Vaughan-Morgan, J. K. Williams, Paul (Sunderland, S.) Sutclifle, Sir Harold Wade, D. W. Williams, R. Dudley (Exeter) Taylor, Charles (Eastbourne) Wakefield, Edward (Derbyshire, W.) Wills, G. Taylor, William (Bradford, N.) Walker-Smith, D. C. Wilson, Geoffrey (Truro) Teeling, W. Wall, P. H. B. Wood, Hon. R. Thomas, Leslie (Canterbury) Ward, Hon. George (Worcester) Thomas, P. J. M. (Conway) Ward, Miss I. (Tynemouth) TELLERS FOR THE NOES: Thompson, Kenneth (Walton) Waterhouse, Capt. Rt. Hon. C Mr. Vosper and Mr. Arthur Allen.
I beg to move in page 3, line 28, after the second "the," to insert "searching for and."
I do not think we need spend a lot of time on this Amendment. I am sure that the Committee feels that whatever body is in charge of atomic energy research and development should have the power to search for uranium, pitchblend and any other radioactive minerals that are needed for the production of atomic energy. I do not know whether there are any workable deposits of uranium, pitchblend and so on in this country. I understand that there are small deposits of uranium in Cornwall and perhaps in Devon. The Geological Survey, I am told, is not sufficiently up to date to tell us about these new materials and deposits. There may be workable deposits in other parts of the country—we do not know—but if there are, they will be of tremendous value to the nation.
It should be somebody's job to ascertain whether such deposits exist, and if this somewhat regrettable Bill is passed, clearly the Authority ought to have the power to do the searching. Some deposits may be found, say, in the Yorkshire fells. We may have hikers going on their holidays with Geiger counters searching all over the country for uranium, and then somebody will have to put the hikers in order and bring the matter under control. I do not know whether that will happen, but clearly someone must have the authority to search for uranium and other deposits in this country.
I should imagine that the Minister will say that the Authority has such powers under subsection (2, d ) of this Clause. It is very widely drawn, and it may be that the lawyers consider that the Authority has power to search for these materials. But I think that we get far too many Bills with Clauses too widely drawn so that we require the help of lawyers to find out what they mean. We have just had an example of a legal intervention which makes the Bill more confusing than it was before the Solicitor-General spoke. If we could make our legislation clear and straightforward so that we do not require lawyers to tell us what the words mean, our legislation would be of greater benefit to the nation which we are here supposed to serve.
I suggest, therefore, that this Amendment should be accepted in order to leave no doubt, without help from lawyers, that the Authority has the power and the duty to search for uranium and other radioactive deposits in this country so that we can benefit from the value of any such deposits.
The hon. Gentleman has made a good case, and I have pleasure in accepting this Amendment.
Amendment agreed to.
I beg to move, in page 3, line 30, at the end, to insert:
I am advised that the Clause is not wide enough to cover the possibility of the Authority being able to continue that practice, and I hope that we shall have an explanation from the Minister concerning the promises that have been made to men who have been transferred to these isolated places. Will it be the responsibility of the Authority to carry out those promises?
I fully recognise that it is intended that the Authority shall take over all the properties, and all the obligations that have been entered into. But we now come to a new position, where the buildings have not begun to be erected and where the houses have to be planned for, and so on, because staff have been transferred to these various places.
To take the case of Caithness—where I feel sure that a large number of houses will have to be built—can the Minister give a full explanation as to whether the practice which is prevailing today under the Ministry of Supply will continue in the future?
I welcome the chance which this Amendment gives, to say something about housing. Of course, we always like an Amendment from hon. Gentlemen opposite in support of tied cottages.
The powers under which the houses that have been built were erected were contained in paragraph ( c ) of Section 2 of the Atomic Energy Act, 1946, and the hon. Gentleman will observe that those words have been repeated exactly in Clause 2 of this Bill.
I am sorry to interrupt the right hon. Gentleman, but this matter of tied cottages arouses a lot of feeling. I think he will agree that this Amendment does not provide for tied cottages. It merely stipulates the provision of housing accommodation, and not the terms on which that accommodation should be let or occupied.
The hon. Member for Whitehaven (Mr. F. Anderson) actually mentioned the words "tied cottage," which, no doubt, the hon. and learned Gentleman will remember. The Authority can under Clause 2 (2, ( d ) do everything to continue the existing policy on housing, and it is determined to do so. The Committee might like to know what the present position is; 3,225 houses have been built, 583 are under construction, 665 are in the firm planning stage, and beyond that we already see the necessity for something between 750 and 1,000 houses more. I cannot give the hon. Gentleman the exact number which we want for Dounreay, but we shall probably start off with about 150. However, it is the intention of the Authority to carry on with the very sensible policy that exists, and I hope that with that assurance the hon. Gentleman will see fit to withdraw the Amendment.
Will the Authority have power to sell the houses?
9.0 p.m.
I cannot answer that, but if the hon. Member will allow me, I will make inquiries and write to him about it.
In view of the assurance which has been given, I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
I beg to move, in page 3, line 35, at the end, to insert: e ) of the Clause states that the Authority can make arrangements for research affecting two categories, universities and other institutions. Later in the subsection it states that the Authority can
Some time ago I addressed a Question to the Prime Minister, asking him to consider the position of Birmingham University. It was reported then that important nuclear research was being held up because the university could not afford to introduce certain new building constructions. The example I quoted was a 10-foot wall round a cyclotron. The Prime Minister was gracious enough to say that he would consider this matter, and I did not press it further in view of the fact that the right hon. Gentleman had other extremely important political business at that time. But I wish to press the matter this evening and I hope that the Minister will look into it and accept the Amendment, so that if there is any doubt on this matter the new Atomic Energy Authority will be able to give direct financial assistance to universities carrying on specific work in nuclear physics.
Only the other day, because this Amendment was on the Order Paper, there appeared an interesting letter in the Birmingham Press written by the Vice-Chancellor of the University and referring to the Birmingham synchrotron. He stated:
When one considers the interesting Report of the Department of Scientific and Industrial Research one sees that the Department, which, after all, is a Government agency, has, over the years, given considerable assistance to universities. On page 20 under the heading, "Nuclear Physics," there is the statement: From the appendix one can see that in most of our universities research is being conducted. In the Universities of Birmingham, Cambridge, Glasgow and Liverpool, in King's College and the Imperial College of Science, London, and I am glad to say, in my own University of Durham, there is now developing considerable research in this field.
If we are anxious to develop atomic energy, it is important that the various projects in the universities should not be restricted in any way because of the financial position. That strengthens the view that in this Clause we should specifically mention universities and institutions.
There is another consideration. We are pledged to support research outside this country. Mention has been made previously of the research contributions which we make to the new laboratory at Geneva. We have signed a convention and, in collaboration with other powers, we are to conduct fundamental research in an important section of nuclear physics. If we are to carry on that research, inevitably the Authority must have power to give financial assistance to that organisation.
That is why it is important that we should put this provision specifically into the Bill. There is great uncertainty on this question, and that is why I press the Amendment. We can see from the Annual Report of the Department of Scientific and Industrial Research that uncertainty exists in the mind of the Government. That Department, which has been conducting and assisting research in universities by various specific grants, feels that there is some uncertainty. On page 26 at the conclusion of the Report of the Advisory Council it is stated: not be the body responsible for this assistance. Naturally, I assume that, in view of this Bill, the Authority will be responsible and will take over the obligations of the Department of Scientific and Industrial Research.
It is important that we should be clear on this matter. Yesterday the Civil Estimates were issued, and there we find that considerable sums of money are to be given to the Authority. The figure given on page 60 of the Estimates is about £53,675,000. That will cover various activities, and it will certainly cover research. If we consider the Estimates still further and look at those for the Department of Scientific and Industrial Research, we see that tremendous sums are allocated for research purposes in 1954–55.
I am merely asking that we should have an assurance that research which is now being conducted in our universities and has been helped directly by grants and assistance from the Department of Scientific and Industrial Research will be taken over by the Authority. The new Authority ought to be the responsible body. If, as the Bill says, grants and assistance can be given to individual research students or staffs, surely it is better that we should put that into the Bill and make certain that the responsibilities of a previous organisation can be smoothly and effectively taken over by the Authority.
This is a very important matter. It affects not only Government Departments which are connected directly with nuclear physics, but also other institutions, such as the Geological Survey. One has only to appreciate what the atomic energy division of the Survey has done. Many of the activities of our research teams in other countries which have borne fruit have been the result of the energy and skill of our geologists.
For example, in 1952 the establishment of a plant in South Africa to extract uranium from gold ores was due to the field work of our Survey people in 1945. In South Australia, the Department of Mines which promoted, developed and exploited uranium ores owed its achievements to the work of our geologists in 1947. Even the production of high grade concentrates from ore deposits in Portugal was the result of the work of British geologists from the Geological Survey. The same is true of activity in Northern Rhodesia, Central Africa and the Gold Coast. Therefore, the atomic energy activity of our Geological Survey, which is a Governmental body, has been tremendous.
I merely ask that the Minister should consider this matter sympathetically. If he can give an assurance that assistance can be given directly to a university or institution, I shall not press the Amendment. If the Authority is to encourage research it should be written into the Bill. We want to avoid any restriction on research in our universities.
To come back to my earlier point about Birmingham University, it is a scandal that a major project of fundamental research, which is so important for the welfare of our country, should be held up because the university has no financial assistance. Here is an opportunity for the new Authority, with all its power and influence, to give direct assistance to encourage research and to ensure that fundamental research is not restricted.
9.15 p.m.
I very much appreciate the enthusiasm for research which the hon. Member for Workington (Mr. Peart) has shown, and I am sure that we all agree with him. It is the intention of the Authority to increase research rather than reduce it. Paragraph ( e ) of subsection (2) first of all gives power to make arrangements with "universities and other institutions." That means to contract for particular pieces of research, for which, of course, payment is made. Then we come to the second part of the paragraph, which deals with the making of grants or loans, and there the words are only "to persons."
The hon. Gentleman made an excellent case on behalf of Birmingham University, but he need not have bothered, because the university is a "person." In fact, I am advised that all the universities are "persons" except two, and it is with great pleasure that I can tell the hon. Gentleman that he has come to the rescue of Oxford and Cambridge. As I was myself educated at Oxford, that is an added reason for accepting the Amendment.
Amendment agreed to.
I beg to move, in page 3, line 44, to leave out from "not," to the end of line 5, on page 4, and to insert:
My Amendment is perhaps a little more fundamental, but the case for it is equally strong, indeed, I think stronger; and I hope that the Minister's deputy, sitting by his side, will not influence him in any way against this reasonable Amendment. I have listened to the debates on this Bill, both on Second Reading and during this Committee stage, with great interest, and I am filled with admiration for the enthusiasm with which the Minister has taken up this task, but I should like this Bill to be devoted purely to atomic energy for civilian purposes, and I want to relieve the Minister of a very difficult and onerous responsibility by removing from his sphere entirely any research work connected with atomic weapons.
I strongly support the idea of atomic energy for industrial purposes, because I represent a mining constituency, and I look forward to the development of any scientific invention which will relieve the miners and human beings who work underground of the toil and drudgery to which they are condemned by a modern industrial system which depends on coal. I remember the late Mr. Bernard Shaw writing to me at the time I was elected and saying to me in that letter that coal mining was not an industry but an atrocity, and I entirely agreed with him. Coal miners are destined to live a life of drudgery and dangerous work away from fresh air, and many of them carry on this work for a lifetime. Many of us here have seen miners who have given their lives to the development of energy from coal become victims of silicosis and pneumoconiosis.
We are very anxious that atomic energy research should be devoted only to civilian purposes. Because I believe that the Minister may be diverted from that useful activity, I move the Amendment, which would confine his activities and energies purely to industrial research for civilian purposes. I rule out from the activities of this Ministry all those in connection with the development of atomic weapons, such as the atomic bomb, the atomic submarine and atomic artillery.
I do not want to see research going on under the auspices of the new Authority which will lead to the development of any expensive atrocity such as an £18 million submarine, or to atomic artillery, which may be just as dangerous in their way as the atomic bomb. In view of recent developments, it might be a greater innovation still, and a very historic one, if this Committee decided, as far as possible and for the purposes of the Bill, that the research and activities of the Ministry should not include atomic weapons or atomic energy for war purposes.
I stress this in view of what has been said recently in the Press about the very dangerous developments which have taken place during the past month. I noticed how the explosion of the latest atomic bomb in the Pacific caused very deep reflections in the Press, and by people in public life, and how those reflections have been echoed in the House today by the very important, significant and sincere answers to Questions given by the Prime Minister.
These considerations are emphasised in an article in the "Manchester Guardian," which asked the question: "Where are we going, as the result of the development of atomic weapons." I will quote from a leading article, which says: The "Manchester Guardian" dissociates itself in one sentence from people like me who press this argument to its logical conclusion. It says:
Will the hon. Gentleman read the next sentence?
I am quite prepared to read all of it. I was keeping a watchful eye upon the Chair in case I was out of Order.
Just the next sentence.
Certainly. It reads:
"Not only the Japanese fishermen and 200 Pacific islanders but also a group of 28 Americans have had to receive treatment for radiation injuries."
I understand that the hon. Member's argument is that these weapons should not be manufactured by the Authority and that he is adducing these arguments in support of his Amendment. In so far as he keeps to that, he is in order.
There is only one other paragraph, and it says:
I suspect that I know the answer in people's minds, but I move the Amendment because I believe the time has come when we should turn our minds away from the development of atomic energy for war purposes. I contend that if this function is completely ruled out of the activities of the Minister, he will have more funds and will be able to use the brains and imagination of scientists in work which can be useful to humanity. It would set the face of humanity in a direction away from the perils which loom today over the imagination of us all.
9.30 p.m.
I am not entirely in sympathy with the motives which have inspired my hon. Friend the hon. Member for South Ayrshire (Mr. Emrys Hughes), but I must concede that it is an Amendment of considerable practical importance.
Whether or not we agree that the powers and duties of the Atomic Energy Authority—which is the principal point of discussion on this Clause—should be limited or not in the way described by my hon. Friend, I hope that the Minister of Works will be able to elucidate this point, which troubles me. We all understand the immense destructive powers of the atom bomb. I am not a scientist and I do not think that my hon. Friend would claim to be a scientist: I honestly do not know how many Members of this Committee would really claim to have any specialised knowledge of this immensely powerful and revolutionary science of what is roughly called atomic energy.
What troubles me—and I hope that the Minister of Works can answer the question—is that, as I understand it, since the atomic bomb was discovered some years ago and since Acts of Parliament were passed by this House dealing with what is broadly called atomic energy, there has subsequently been developed an engine of destruction sometimes said to be 50 times more destructive and sometimes said to be 500 times more destructive, namely, the hydrogen bomb. Is the hydrogen bomb within the ambit of this Bill?
Certainly it is.
I do not know, and I want an authoritative answer.
When we talk about the atomic bomb and about atomic energy are these words scientifically apposite to include the hydrogen bomb, because do not let us delude ourselves, in any war of the future in which these revolutionary discoveries of science about nuclear fission may or may not be involved, the thing that really will be disruptive of civilisation is not the atom bomb but the hydrogen bomb.
We know that this whole matter is necessarily wrapped in a certain amount of secrecy, but it is the duty of hon. Members to probe this. What worries me about atomic energy, which I do my best, as a layman, to understand—and I must say that I am puzzled—not by the language of this Bill and any of the powers which are given to this Atomic Energy Authority, whether or not they are limited in the way my hon. Friends suggest they should be, and with which I do not entirely agree—is whether what we are talking about in this Parliamentary language is relevant to include the hydrogen bomb.
That, I suppose, is a matter fundamental to scientists and to the Minister of Works for whom we on this side have the greatest admiration and who, since he has undertaken the immense responsibility of being answerable in this House for the decisions of the Lord President of the Council—who, after all, is a great scientist or, otherwise, he would not be trusted with the immense responsibility set upon him—we can only assume has equipped himself with all the profound scientific knowledge inherent in this subject to answer these questions.
I want to ask the Minister about the hydrogen bomb. My hon. Friend the Member for South Ayrshire talked about the atom bomb. I am not particularly worried about it. According to my information, the Civil Defence authorities already are prepared to advise people, particularly in big cities like London and Edinburgh, how to defend themselves against the atom bomb. But the hydrogen bomb is 500 times more destructive and more potent.
I cannot find any reference in the Bill to specific powers given to this Authority about the hydrogen bomb, and it is about that bomb that I am worried. Will the Minister of Works tell us what are the duties of this Authority with regard to the hydrogen bomb?
They are all the same.
No, they are not the same. Whether this Amendment is accepted or not, I should like to know whether, when this Bill emerges from this House and from the other place, the Authority's powers will be concerned with the hydrogen as well as the atomic bomb.
It would indeed be agreeable to all of us in this Committee and to all mankind if, by passing an Amendment, it were possible to limit this force; but it is my view that it would be positively undesirable to pass this Amendment. What would we be doing? We should be depriving ourselves of what appears in present circumstances to be the only safeguard which the Western nations have against the growing power which is in the hands of those who may prove to be our enemies and who even now may be seeking and planning our destruction.
I sympathise with and admire the philosophy or near-religion of the true pacifist who feels it is not in his heart to strike a blow against another person. I am not always convinced by his logic, because there are occasions upon which, I fancy, he would combine with the rest of us to put down law-breakers. Supposing at this moment some hon. Gentlemen on this side of the Committee ran amuck and threatened to assault some of the hon. Ladies on the other side of the Committee. The hon. Member for South Ayrshire (Mr. Emrys Hughes) would be amongst those who would seek to restrain him, and he might be prepared to use such force as was necessary for the purpose.
It seems to me that it is to live in a world of fancy to suppose at this stage that unilateral action of any kind would help us in any difficulty. I do not intend to embark on a wide discussion of the ethics, morality or practicability of disarmament in general; but I make this observation, that there does not seem to be any practical or moral difference in the use of a weapon merely because it happens to be a gigantic and a very destructive weapon. The pain of dying from septicaemia induced by a wound from an arrow, such as our forefathers might have suffered and from which they might have died lying out in the no-man's-land of hundreds of years ago, is not different in essence from the pain induced by the most modern weapons, including those that burn and cause destruction such as might be expected from atomic weapons.
It is merely because of the numbers of persons who are affected so immediately and so dramatically that it appears to be worse. It is even to be questioned whether, if large numbers of persons were wounded in the first few days of a war, the horror thereby induced in the mind of mankind and the stalemate occasioned on both sides of the battle might not bring the conflict to an end more quickly; so that a few days in which tens of thousands were hurt might be comparable to six years in which hundreds of thousands are slain. Who can judge this? I affirm that there is no moral difference to be discerned merely on account of the size and drama occasioned by the particular weapon.
I have said that it is undesirable that this Amendment should be carried, but I also think it is impracticable that it should be carried. This corporation is to come into existence in the setting and subject to the laws laid down by Parliament in its national policy and in its military policy, which is the hand-maiden of foreign policy. So long as it is the foreign policy of this country and, indeed, the instinct to defend itself in its way of life, and so long as it is our policy to join with our Allies to build up strength which we believe contributes towards peace, then this creature, however powerful it may be, is but an instrument in our hands to do our bidding.
If the national will is that we should arm and prepare—and, I hope, be wise in the use of the power which we thus acquire—which is subscribed to by virtually the majority of the House with the exception of two or three who might vote against the maintenance of the Army, the Navy and the Air Force; if, then, we are to have these Services, are we to deprive them of modern weapons? In the unhappy event of their being engaged in modern war, are we to send them out to fight with bows and arrows? Would that be the policy?
I say that, apart from the undesirability of passing this Amendment, it is not practicable to do so. This corporation is the servant of policy and it must therefore undertake research in its various fields. It is not possible to separate the particularly military, naval or other aspects of any invention from the civilian aspect of the same invention. The research which led to the discovery of the atom and the enormous power that is released under certain circumstances in these infinitesimal bodies is research which may lead to enormous developments in peace or war, and it would not be practicable for the corporation to refuse to engage in any experiment which might have some application to warlike proceedings. I do not think it matters whether the atom used is the uranium or the hydrogen atom, except that the one may be stronger than the other. To pass this Amendment, therefore, is to chase an ideal by a rather impracticable method, and the Committee would be very well advised to reject it.
9.45 p.m.
I have no desire to follow the line which the hon. Member for Morecambe and Lonsdale (Sir I. Fraser) has followed other than to make the observation that his argument seemed to boil down to the declaration of something that we all accept:
Those of us who do not believe in war, and do not believe that war leads to any constructive results, naturally dissent from that viewpoint. It is important that we should be considering this Amendment at this time, for at least it will pin-point the thinking of the Committee and will ensure that whatever course is followed it will be one the consequences of which the whole Committee will appreciate clearly.
It is not my business to answer the question posed by my hon. Friend the Member for Islington, East (Mr. E. Fletcher). The Bill makes it clear that the Authority will now exercise the powers, which the Lord President presently has, to produce and dispose of atomic energy and radioactive substances. So far as I understand the position, that would clearly bring the hydrogen bomb within the scope of the Bill.
I suppose that one of the reasons for the prosecution of research into that further channel is that the hydrogen bomb utilises less of the scarce element called tritium which is employed in much greater quantities in the A-bomb and that in the long run, and, unfortunately, in my estimation, the production of the hydrogen bomb will be ultimately cheaper than the production of the A-bomb. That makes the hydrogen bomb still more dangerous.
I should like to draw the attention of the Committee particularly to two points. The first is the element of cost. Under this Bill we are embarking on an expenditure of over £53 million and according to the Report of the Department of Scientific and Industrial Research we are also spending, this year, over £5 million on industrial development. We are faced, therefore, with the expenditure of about £60 million. To me, at least, that is a sum of very serious consequence. To see the road along which we are proposing to travel we must place that sum against its proper background. The United States are proposing to spend in 1954 £800 million on research and on the development and construction of weapons actuated by nuclear fission and hydrogen weapons. Viewed in that light our £60 million is a small sum to what it may be for a race in which we are almost hopelessly unequipped economically.
What the expenditure is in Russia I do not know. It is difficult to get the statistics, but we do know that six months ago the Russians exploded a hydrogen bomb, and so far as an examination of the air by experts can determine that bomb was of a power not excelled by anything that has been produced in the West. There we are between two mighty competitors, and in my estimation we are, so far as these two great peoples are concerned, in a position in which wisdom would say to us that the wisest thing to do is to stay out of this particular race.
We have to look not merely at the total amount being expended by America, but at the speed at which that amount has increased. In 1947, the amount expended in the American Budget was just over £100 million. Within six years that sum has increased eightfold. That gives us an idea of the intensity of the race in which the hon. and gallant Gentleman thinks this nation ought to embark.
We have also to consider the way in which this weapon has developed. My hon. Friend the Member for South Ayrshire directed our attention to the fact that in 1945 the bomb which was dropped in Hiroshima destroyed an area of something like three square miles. The first operable hydrogen bomb dropped in the Marshall Islands, not as a test device, but as something which could actually be used, has been shown to devastate completely an area of 314 square miles.
I think the hon. Gentleman is going beyond the Amendment, which deals with the production of any weapon.
I thought I was following a line which had been permitted, and that it was possible to deal with the development which has taken place.
On that point, Sir Charles, it would be for the guidance of the Committee if you would say that we are not now concerned with the hydrogen bomb.
I did not say that. What I did say was that we were dealing with the production and development of any weapon. I am not prepared to say whether it includes the hydrogen bomb.
The whole point of my observation was to inquire whether the Bill was relevant, and whether it included the hydrogen bomb. I understood my hon. Friend was talking about that bomb. I think it is important, for the guidance of the Committee, to know whether the ambit of the Bill is sufficiently wide to cover the hydrogen bomb or not. If it is not it would materially affect the scope of the Amendment.
Perhaps the Minister would assist me. I do not know whether the atom bomb includes the hydrogen bomb or not.
Very briefly, the expression "atomic energy" is wrong; it ought to be "nuclear energy," because the force is released from the nucleus and not from the whole atom. Nevertheless, "atomic energy" has become enshrined in the ordinary language. We had the Atomic Energy Act, 1946, and we have put the expression in the Title of the Bill. The hydrogen bomb is a release of nuclear energy, and the Bill covers that and any other kind of bomb which is a release of nuclear energy.
I might have employed the term used in the Report of the Department of Scientific and Industrial Research, but I kept to the term which is in popular use.
I was making the point that we had to look tonight at the type of development that had taken place; and that from the time when the devastation caused by an atom bomb was a little over three square miles the power of the bomb has now increased so vastly that the one which was dropped this month was reckoned to be able to destroy completely an area of 314 square miles. That means, in effect, that if one bomb of that nature was dropped in the centre of London the entire capital would be completely obliterated.
We have to keep considerations like that in mind when looking at the Amendment which we are now considering. We have to bear in mind the appalling rate at which costs have been piling up and the speed with which development has been taking place. If the Amendment does nothing more useful than give us pause to reflect then it will have almost completely fulfilled its purpose.
The hon. Member for Morecambe and Lonsdale (Sir I. Fraser) said that the proposal contained in the Amendment was something that we ought not to carry out, or at least he seemed to consider it to be something unwise. I should like to direct his attention to a Question in the House yesterday, and to the answers that followed, on bacteriological warfare. My right hon. Friend the Member for Derby, South (Mr. Noel-Baker) posed the following question to the Government Front Bench: do the Government still adhere to the proposals which this country has frequently put forward for the total abolition of bacteriological warfare as a weapon of mass destruction?
I do not think that bacteriological warfare is covered by nuclear energy.
I quite realise that, Sir Charles. I am simply using it as an illustration.
The hon. Member for Morecambe and Lonsdale said, in effect, that we could not do without the atom bomb. A great many people would argue similarly about other forms of warfare, such as bacteriological warfare. Yet yesterday the hon. Gentleman's own Government said that they still accepted the policy of the party to which I belong—that they were prepared to ban bacteriological warfare.
Would the hon. Member be good enough—
Perhaps the hon. Gentleman will allow me to finish. If we can do that in respect of that aspect of warfare, which is deadly, why not do so with regard to the use of the H bomb?
The hon. Member has sought to remake my speech for me to such an extent that I hope he will permit me one comment. I do not see any moral difference between ways of killing the other chap. It is a regrettable thing to have to do. It would be a good thing if men could arrange not to do it, as we manage to avoid doing among ourselves in the House. We argue and vote at the end. I think that is the better way. I still think that disarmament cannot, in a practical sense, be unilateral.
10.0 p.m.
I am sorry that the hon. Gentleman felt that I was seeking to remake his speech. That was certainly not my desire. I hope that I may have improved it.
The only point that I was trying to make was that we seem to feel that we should not ban this weapon and yet the Government agree that they are prepared to ban another weapon of an equally deadly kind, and the party to which I belong appears to think likewise. I fail to see why, if we accept the ban in one case, we should fail to accept it as a practical proposition in the other case.
I would draw to my support the helpful phrase which my hon. Friend the Member for Coventry, North (Mr. Edelman) used in his speech last Wednesday, when he said that we on these benches wanted to see this terrible power used for peaceful purposes. That is the purpose of this Amendment. We want to see this power used for peaceful purposes. If it is to be used for peaceful purposes, we must ban its use for purposes of war. That is the reason why I hope hon. Members will follow my hon. Friend and myself into the Division Lobby to signify our belief that this power should be used only for peaceful purposes.
We respect the pacifist views of the hon. Members for South Ayrshire (Mr. Emrys Hughes) and Tradeston (Mr. Rankin). They are perfectly entitled to their opinions, but they must realise that if this Amendment were carried it would put a stop to our production of atomic weapons. The production plants where the fissile cores are made have been transferred to the Lord President, and by this Bill they will be transferred to the Authority. There are no other places where such weapons could be made. Therefore, if the Amendment is carried it strikes at the most powerful part of the equipment of our Armed Forces.
I do not think that on this Amendment the Committee would wish me to argue in any detail the case for having Armed Forces. We believe that unless Britain's defences are strong, our influence for peace will be negligible, and, when the hon. Gentleman says that he wishes atomic energy to be used only for peaceful purposes, he should remember that in the hands of this country and of our allies these terrible weapons will never be used for aggression. They will never be dropped first by Great Britain or her allies. We are making these weapons for the express purpose of their acting as a deterrent to an aggressor.
Is the right hon. Gentleman affirming as the Government's policy that we should be the second to drop the hydrogen bomb or the atom bomb—in other words, that it will always have to be dropped by the enemy first before we ourselves use it?
That is placing much too narrow an interpretation on my words. What I meant to say was that we should never start a war. The hon. Gentleman knows quite well that our Armed Forces in this country are for defence purposes and not for aggression. If these bombs have, as I am certain they have, a deterrent effect, then it follows that the more deadly they are the better they are. Indeed, I should say that the best chance of securing the peace of the world is to make it quite clear, by explosions such as those which have taken place, that the next war would mean the end of civilisation.
This country has a great influence for peace and good in the world, but that influence is measured by our strength. Our strength depends on our Armed Forces, and they, in turn, must have the best equipment. As we should like to make a little more progress with the Bill, I hope that this Amendment, which has led to an interesting discussion, will now be withdrawn.
Surely the right hon. Gentleman's speech does not bring to an end the vital issue which is raised by this Amendment. The Minister has told us that the only place where atomic research can go forward is in the institutions which the Ministry of Supply is handing over to the Lord President's Department. If that be so, then it is really a confession that the aim which the Government asserted they had in mind in bringing this Bill before the House cannot be accomplished, and that we cannot develop by itself atomic research for peaceful purposes.
According to what we have been told, we can pursue the development of peaceful research only in institutions meant primarily for warlike purposes. That being so, there is surely ground for an attempt to limit by Amendment the powers of research so that the Government, if they are insistent on carrying out atomic research for warlike purposes, will be compelled to keep the two processes entirely separate.
It may be said that it is not possible to do that. At any rate, that was the implication in the first announcement made to the House on the subject. We were going to embark on a different path regarding what we should discover in the way of atomic energy and in the use of nuclear fission for industrial needs; but it is now as clear as noonday that we are mixing up industry with the general problems of war and are making it harder for industrial development to be freed from the incubus involved.
I would remind the Minister that the recent statement by President Eisenhower about an attempt to build up a pool of knowledge concerning atomic research designed in the interest of peace and industrial development was itself a challenge to the Government on this issue. It presupposed that it should be possible for Governments working individually or collectively through the United Nations entirely to separate these two processes.
If the Minister tells me now, at this late stage in our discussions, that it cannot be done; that we have to assume that we shall prepare any devilish weapons which may be within the imagination of men in order to further the development of atomic energy for the welfare of miners and all other workers in this country, then the time has surely come for those who take a moral stand on the issue of the use of atomic weapons in war to say quite frankly that it is impossible for them to support this Bill any further. I believe that the issue raised by my hon. Friend is so vital that if there is any honesty about us in our fundamental approach to this problem, a stand must be taken not merely in what we say about this Measure, but in the way in which we vote.
The developments that were first made in the field of atomic energy as applied to war struck a very hard blow at the consciences of the scientists responsible. When they were consulted, before the first two bombs were dropped about whether those bombs should ever be tried out, many of the American scientists gave it as their opinion, based on their own convictions that, although they had discovered the secrets, those secrets ought never to be used for the purpose of human destruction.
It was the failure of our own Prime Minister and of the President of the United States of America to observe that advice of the scientists which led to the release of atomic bombs on the world. The fear and the horror that runs through this House, and indeed through every popular assembly in the country when this matter is referred to, arise from the fact that we paid no regard to the necessity for the scientists to have the right to develop this process without having it used for the destruction of human beings.
We have been warned in this debate that the nature of these destructive forces in our midst is of such a character that every other type of work is affected. Every attempt to improve housing, or pensions, or the outlook and industrial development of the people will be of no avail unless some step is taken to put a bar to the sort of development now facing the world. When President Eisenhower made a challenge to Russia—and indeed it was a challenge to Britain as well—that we should try to separate this process from war and use it only for peaceful purposes, I thought this Bill was intended to make it possible for us to travel in the direction which President Eisenhower had indicated.
The words just used by the right hon. Gentleman reveal that he and the Minister of Supply have no such purpose in mind. If the Minister of Supply is willing to indicate to the Lord President that further research and development in these methods of devilry and horror will be all right, the House of Commons ought to say here and now that there must be no further mixing up of the processes of peace and war. The two things cannot be harnessed together.
If we mean war we should prepare for war and tell the people what is in our minds. Do not humbug the House of Commons and the nation with the story that the day is coming when are are to release atomic energy to help the people in their legitimate industrial struggles; but tell them that the Government have thrown up the sponge and are prepared for all the devilry that now threatens us in the world. I hope that this Amendment will be pressed to a Division, for if it is I shall certainly vote for it.
10.15 p.m.
I want to support the Amendment with all the power and eloquence at my command. It seems to me that this is the most important matter which we have had the opportunity to consider since I have had the privilege of being a Member of Parliament. Every now and then mankind may have an opportunity to take a turning and to save itself from otherwise certain disaster. This is one of those occasions.
The Amendment is of enormous importance. As I listened to the speech of the Minister of Works, and, before that, to the speech of the hon. Member for Morecambe and Lonsdale (Sir I. Fraser), I was reminded of something which H. G. Wells wrote in his "Outline of History," 25 years ago. He said:
That is exactly what I said.
That is not exactly what the right hon. Gentleman said. Evidently H. G. Wells saw into the future with his usual accuracy. That was not what the right hon. Gentleman said, and the significant difference is all important to us now.
I want to support the Amendment but first I want to dispose of motives which may be imputed to me, but which I do not hold. I fully realise that in a world of national sovereign States and cold war, because there is not a World Government, the balance of power mechanism must operate. I recognise that and I think that it is better for mankind that the machanism of the balance of power be operated sensibly rather than that it should be operated foolishly.
Clearly, we are in the Western Power complex. We have made a series of alliances, one of which is the North Atlantic Treaty Organisation. In that organisation it is abundantly clear that if any one of the nations which are signatories to the treaty is attacked, then America, among the others, must come instantly to its aid. In short, if, as the Minister has said, we never intend to use this weapon ourselves to start a war, then we do not need to have it in this island under our own control, because, already, the Americans have a sufficient number to enable them completely to dominate the situation, if these weapons ever have to be used.
I want to be realistic. I accepted reluctantly, under the circumstances—because I realised that it had to happen—the North Atlantic Treaty and all it stands for. I realised that we are in a tight and permanent alliance with the United States in the cold war. I realise, also, that this Western Power complex must have these weapons of mass destruction, but it need not have excessive numbers of such weapons. Excess is pure wasteful folly. I understand that the Americans already have enough of them, and that, in the event of their being used, they have saturation in them. I cannot understand why, in common sanity, it is now thought necessary for Britain to have her own.
I will give the Committee two reasons why I think we are proposing to have them, and both reasons are utterly disreputable. The first reason stems from the theory that, since in the last war and the war before that it was necessary for Britain to stand valiantly alone while the United States tried to make up its mind to come in on our side, it might happen again like that. In other words, we are planning the next war in the form of the last war and the war before that; and we think it desirable, in the event of our having to take action which subsequent years or months can justify, to have these bombs in order to be able to fight our war alone until our allies can join us.
If that is in our mind, why then did we sign the North Atlantic Organisation Treaty? Quite clearly, the kind of war that ought to be envisaged, if war is ever to be envisaged, is one into which the West must either go collectively or not go at all. The very idea of our nation having its own bombs so that we can start the war in order to give our allies time to realise that they ought to come to our aid is insanity in this time and era.
I believe that the basic reasons why the British Government now sees fit for us to have our own bombs stems precisely from that lunatic psychology. We want to be free and sovereign to take a decision which we naturally believe will be fine and right if we take it in order that, in due course, others may come to our aid. If Britain, by having her own bombs, wants to be in a sovereign position, as it were, to start an engagement such as that in order that other nations in the alliance can come to our aid—I am thinking in particular of America—and we demand implicitly that right for ourselves, how can we deny it to the Americans and how can we deny that the Americans themselves are equally entitled to start their war and wait for us to come into it or to be dragged into it?
Clearly, this is a situation which needs to be thought through right down to its fundamental roots. The mere fact that this Amendment is being resisted in this way shows that the whole system of collective alliance and the mechanism of the balance of power is totally misunderstood as it applies in this era and the kind of a war which, pray God, will never happen. But it will happen if all the nations which ought to be united take actions which imply their right to be sovereign and independent.
The second, and the more squalid reason why I believe that some people want to have these bombs in Britain, whether they be H-bombs, A-bombs or bacteriological weapons, stems again from nationalism. I want again to quote from H. G. Wells in his "Outline of History." I suggest that his analysis of what a nation is defines us at this moment, or rather, defines the attitude which is prevalent on the other side of the Committee. In trying to state and to define what signified a nation, H. G. Wells put it thus:
of madmen who want to own a bomb of their own so that they may continue to believe that they are a Great Power. But this is the quintessence of madness, and at a moment when I think Great Britain ought to decide that, in the collective interests of the Western alliance, these massive bombs ought not to and need not be made here by us, but that we will rely on a treaty which we have signed and which we know, because we signed it, we can trust. If another nation on the other side attacks one of us and war is started, atom bombs will have to be thrown, but we are not going to make them, because we trust the treaties we have signed, and because we would not want to make the bombs anyway.
I support the Amendment with pride, and I hope my hon. Friend will divide the Committee on this issue, because I shall have great pleasure, and be very proud of the opportunity, in going into the Lobby in his support.
Surely, the Committee can now come to a decision.
I shall detain the Committee only a few moments to say why I cannot support the Amendment of my hon. Friend. I share to a very great extent the view advanced in favour of a restriction of the use of the atomic bomb, and I share the revulsion which all hon. Members on both sides of the Committee feel against the progressive development of instruments of mass destruction.
The effect of the Amendment in its present form means unilateral atomic disarmament, and it means that atomic bombs would no longer be produced in the atomic installations of this country. Because that would mean that the position would be one-sided, while I myself echo the general sentiments expressed by my hon. Friend, I advise hon. Members not to support the Amendment.
Question put, "That the words proposed to be left out stand part of the Clause."
The Committee divided: Ayes, 215; Noes, 14.
Division No. 55.] AYES [10.28 p.m. Allan, R. A. (Paddingotn, S.) Astor, Hon. J. J. Baxter, A. B. Alport, C. J. M Baldwin, A. E. Beach, Maj. Hicks Amory, Rt. Hon. Heathcoat (Tiverton) Banks, Col. C. Bennett, F. M. (Reading, N.) Anstruther-Gray, Major W. J. Barber, Anthony Bennett, Dr. Reginald (Gosport) Arbuthnot, John Barlow, Sir John Bennett, William (Woodside) Birch, Nigel Hirst, Geoffrey Pitt, Miss E. M. Bishop, F. P. Holland-Martin, C. J Powell, J. Enoch Black, C. W. Holt, A. F. Prior-Palmer, Brig. O L Bossom, Sir A. G Hope, Lord John Profumo, J. D. Bowen, E. R. Horobin, I. M. Raikes, Sir Victor Boyd-Carpenter, Rt. Hon. J. A Howard, Hon. Greville (St. Ives) Ramsden, J. E. Boyle, Sir Edward Hudson, Sir Austin (Lewisham, N.) Rayner, Brig. R Braine, B R Hudson, W. R. A. (Hull, N.) Redmayne, M. Braithwaite, Sir Gurney Hulbert, Wing Cdr. N. J. Rees-Davies, W. R. Brooke, Henry (Hampstead) Hutchison, Sir Ian Clark (E'b'rgh, W.) Remnant, Hon. P. Browne, Jack (Govan) Hylton-Foster, H. B. H. Renton, D. L. M. Buchan-Hepburn, Rt. Hon P. G. T Iremonger, T. L. Ridsdale, J. E. Bullard, D. G. Jenkins, Robert (Dulwich) Roberts, Peter (Heeley) Bullus, Wing Commander E. E Johnson, Eric (Blackley) Robertson, Sir David Butcher, Sir Herbert Joynson-Hicks, Hon. L. W Robinson, Roland (Blackpool, S.) Carr, Robert Kaberry, D. Rodgers, John (Sevenoaks) Cary, Sir Robert Kerby, Capt. H. B. Roper, Sir Harold Channon, H. Kerr, H. W. Ropner, Col. Sir Leonard Clarke, Col. Ralph (East Grinstead) Lambert, Hon. G. Russell, R. S. Cole, Norman Lambton, Viscount Ryder, Capt. R. E. D. Colegate, W. A. Lancaster, Col. C. G Sandys, Rt. Hon. D. Conant, Maj. R. J. E. Legge-Bourke, Maj. E. A. H. Schofield, Lt.-Col. W. Cooper-Key, E. M. Legh, Hon. Peter (Petersheld) Scott-Miller, Cmdr. R. Crookshank, Capt. Rt. Hon. H. F. C Lennox-Boyd, Rt. Hon. A. T Shepherd, William Crosthwaite-Eyre, Col O. E Lindsay, Martin Simon, J. E. S. (Middlesbrough, W.) Crouch, R F. Llewellyn, D. T. Smithers, Peter (Winchester) Crowder, Sir John (Finchley) Lloyd, Maj. Sir Guy (Renfrew, E.) Snadden, W. McN. Deedes, W. F. Lockwood, Lt.-Col. J. C Soames, Capt. C. Digby, S. Wingfield Longden, Gilbert Spearman, A C M Donner, Sir P. W. Low, A. R. W. Speir, R. M. Doughty, C. J. A. Lucas, Sir Jocelyn (Portsmouth, S) Stanley, Capt. Hon. Richard Douglas-Hamilton, Lord Malcolm Lucas, P. B. (Brentford) Stevens, G. P. Drewe, Sir C. Lucas-Tooth, Sir Hugh Stoddart-Scott, Col. M Dugdale, Rt. Hon. Sir T (Richmond) Macdonald, Sir Peter Storey, S. Duthie, W. S. McKibbin, A. J. Strauss, Henry (Norwich, S.) Eccles, Rt. Hon. Sir D. M. Mackie, J. H. (Galloway) Sutcliffe, Sir Harold Eden, J. B. (Bournemouth, West) Macleod, Rt. Hon. lain (Enfield, W.) Taylor, Sir Charles (Eastbourne) Elliot, Rt. Hon. W. E. MacLeod, John (Ross and Cromarty) Taylor, William (Bradford, N.) Fell, A. Macmillan, Rt. Hon. Harold (Bromley) Teeling, W. Finlay, Graeme Macpherson, Niall (Dumfries) Thomas, Leslie (Canterbury) Fisher, Nigel Maitland, Patrick (Lanark) Thomas, P. J. M. (Conway) Fleetwood-Hesketh, R. F Manningham-Buller, Sir R. E Thompson, Kenneth (Walton) Fletcher-Cooke, C. Markham, Major Sir Frank Thompson, Lt.-Cdr. R. (Croydon, W.) Fraser, Sir Ian (Morecambe & Lonsdale) Marlowe, A. A. H. Thorneycroft.Rt.Hn. Peter (Monmouth) Fyfe, Rt, Hon. Sir David Maxwell Marples, A. E. Thornton-Kemsley, Col. C. N. Galbraith, Rt. Hon. T. D. (Pollok) Marshall, Douglas (Bodmin) Touche, Sir Gordon George, Rt. Hon. Maj. G. Lloyd Maydon, Lt.-Comdr. S. L. C. Turton, R. H. Glover, D. Medlicott, Brig. F. Vane, W. M. F. Godber, J. B. Mellor, Sir John Vaughan-Morgan, J. K Gomme-Duncan, Col A Molson, A. H. E. Vosper, D. F. Gower, H. R. Morrison, John (Salisbury) Wakefield, Edward (Derbyshire, W.) Graham, Sir Fergus Nabarro, G. D. N. Walker-Smith, D. C. Grimond, J. Neave, Airey Wall, P. H. B. Grimston, Hon. John (St Albans) Nioholls, Harmar Ward, Hon. George (Worcester) Hall, John (Wycombe) Nicholson, Godfrey (Farnham) Ward, Miss I. (Tynemouth) Harden, J. R. E. Nicolson, Nigel (Bournemouth, E.) Waterhouse, Capt. Rt. Hon. C Hare, Hon. J. H. Noble, Cmdr. A. H. P Wellwood, W. Harris, Frederic (Croydon, N.) Nugent, G. R. H. Williams, Gerald (Tonbridge) Harris, Reader (Heston) O'Neill, Hon Phelim (Co Antrim, N.) Williams, Sir Herbert (Croydon, E) Harrison, Col. J. H. (Eye) Orr, Capt. L. P S. Williams, Paul (Sunderland, S.) Harvey, Ian (Harrow, E.) Orr-Ewing, Charles Ian (Hendon N.) Williams, R. Dudley (Exeter) Harvie-Watt, Sir George Osborne, C Wills, G Hay, John Page, R. G Wilson, Geoffrey (Truro) Heath, Edward Perkins, Sir Robert Wood, Hon. R. Higgs, J. M. C. Peto, Brig. C. H. M Hill, Dr. Charles (Luton) Peyton, J. W. W. TELLERS FOR THE AYES: Hill, Mrs. E. (Wythenshawe) Pickthorn, K. W. M. Mr. Studholme and Mr. Oakshott. Hinchingbrooke, Viscount Pilkington, Capt. R. A.
NOES Bowles, F. G. McGhee, H. G. Watkins, T. E. Craddock, George (Bradford, S.) Roberts, Goronwy (Caernarvon) Yates, V. F Davies, Harold (Leek) Shurmer, P. L. E. Fienburgh, W. Smith, Ellis (Stoke, S.) TELLERS FOR THE NOES: Hudson, James (Ealing, N.) Thomas, George (Cardiff) Mr. Rankin and Mr. Emrys Hughes. Jones, T. W. (Merioneth) Usborne, H. C.
Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."
I beg to move, "That the Chairman do report Progress and ask leave to sit again."
I do so in order to elicit from the Minister of Works or the Leader of the House how far the Government propose to go tonight. As we have made progress, and are now coming to the end of Clause 2, it might be convenient for the Government and facilitate business later if we adjourn after we get to the end of Clause 2 and begin consideration another day on the really important Amendment in Clause 3, page 4, line 35, at the end, to insert:
We have not got very far; we have not even finished this Clause, which we have been on all day. I think we should at least dispose of this Clause and see how we get along. At this stage it is rather difficult to come to any agreement across the Table, but perhaps if we proceed with the discussion of the Clause and complete our consideration of it, the right hon. Member, or whoever may be in charge of the Opposition, may care to have conversations with me about it.
In view of what the Leader of the House has said, and in the hope that we shall be able to come to some understanding convenient to everybody, I beg to ask leave to withdraw the Motion.
Motion, by leave, withdrawn.
Original Question again proposed.
While the conversations to which the Leader of the House referred are taking place, perhaps I can say something about the Clause.
The Minister did not feel able to accept the Amendment which stood in the name of my hon. Friend the Member for Coventry, North (Mr. Edelman) asking that it should be imposed as a duty on the Authority to engage in definite educational work in connection with the production and use of atomic energy. I should like the right hon. Gentleman to say a word about subsection (2, f ) of the Clause, which would give power to the Authority
Until recently atomic energy in this country has been regarded as something indecent, and the only information we have had about it has been in relation to the test of atomic weapons. I remember a Russian scientist saying to me at one time that all these matters had been put behind a uranium curtain. I suggest that it is necessary to apply the information as widely as possible to stimulate interest in, and to accumulate knowledge about, matters connected with atomic energy, and its development and use. The disseminating of that knowledge to industry will be considered as part of the duty of the Authority, but I hope that it will also consider it a duty to disseminate knowledge over a field which will include the schools of this country.
In the United States, as my hon. Friend has stated, there is much popular interest in this matter, and much of that interest is stimulated by the Atomic Energy Commission. For example, within educational services which are the responsibility of that commission films are produced and made available to such organisations as the major newsreels, television companies, universities, commission contractors and educational authorities. There is also a travelling exhibit sponsored jointly by the National University Extension Association and the American Museum of Atomic Energy. There is also an interesting course for teachers in high schools, who are given training in the use of radioactive isotopes, and in New York pupils in such schools are, in their laboratories, conducting experiments in radioactive isotopes.
All this information is going out to the schools, stimulating interest and discussion among the younger generation. That is going to mean that in later years they will find the problem of recruitment into the atomic energy industry much easier than would otherwise be the case. The choice which will be available to the industry for recruitment will be wider and the standard of recruits coming forward will probably be higher.
10.45 p.m.
It would seem that if we could encourage the Authority to undertake educational work of that kind we should find that we should make considerable advances. I hope that the Minister will be able to assure us that the power which it is proposed to vest in the Authority under subsection (2, f ) is one which will be taken very seriously and is not to be confined to workers directly employed by the Authority or indirectly employed by contracting firms.
I am very disturbed about this Clause, and, therefore, I make no apology for detaining the Committee for a few minutes in order to ask the Minister some direct and specific questions to which I hope we can have some candid answers before we agree to the Clause. I do not think that anyone will disagree with me when I say that this Bill dealing with atomic energy is probably the most important Bill that we shall be discussing this Session. There are a number of Amendments on the Order Paper which have not been selected, out nevertheless they raise points which I think it would be appropriate to mention in this debate.
I do not want to detain the Committee unduly, but I want to ask the Minister of Works, who is answerable in this House for atomic energy in the absence of the Lord President of the Council, five or six specific questions. This Clause, which I think is the most important in the Bill, is one which confers on the Authority the existing powers, and also imposes on it duties which at present reside in the Lord President of the Council and formerly resided in the Minister of Supply.
The first question is one which I raised earlier, which is fundamental to the whole Bill. I was surprised and rather disappointed that the Minister of Works did not deal with it, I asked him, in effect, whether or not this Bill, in its terms, dealt with the hydrogen bomb as well as the atomic bomb.
I do not think that that arises on the Motion now before the Committee, which is concerned with what is in the Clause.
I accept your Ruling, Sir Rhys. I hope to try to elicit from the Government exactly what is intended by the Clause, and I was prefacing my remarks by saying that the Clause seems pivotal and vital to the Bill because it confers on the Authority vast and comprehensive powers to deal with atomic energy. It is all-embracing.
All our discussion so far has proceeded on certain assumptions. It is this Clause which transfers the whole of the powers with regard to production, use, disposal of atomic energy with or without limitation, upon the Atomic Energy Authority. The first question arises under subsection (2, e ) which gives the Authority power:
Is the Clause wide enough, or not, as it stands to enable the Atomic Energy Authority to enter with full authority into these beneficial discussions for the purpose of organising a reservoir of atomic energy to be used internationally for pacific purposes? As I read the Bill it is ambiguous; it does not say specifically whether the Authority can do that or not. Other Clauses in the Bill indicate that there are overriding questions of national security which properly impose limitations on what the Authority can do. I want to make sure that there is nothing in the Bill—of which this is the operative Clause—which limits the Authority from entering into discussions with President Eisenhower, with Russia or with other countries, for developing atomic energy for pacific purposes.
The Clause says, in terms, that the Authority is prohibited from searching for minerals in the United Kingdom:
The third, and probably the most important question which I think arises under this Clause is regarding the entire scope of this Bill. I raised it on an earlier Amendment, and was disappointed to find that the Minister of Works gave me no reply at all. It is entirely a legal question, and a very real one. Does this Bill, in its language, cover the hydrogen bomb as well as the atomic bomb?
The hon. Member's argument seems to me to be extending now to the Bill rather than to the Clause.
I am trying to confine myself to this particular Clause, which gives the Authority power to produce, use, and dispose of atomic energy.
My question is: what is meant by "atomic energy"? The Minister of Works a moment ago admitted that the words "atomic energy" had come, in common parlance, to have a particular connotation or meaning. We are dealing with a Bill which will have to be interpreted according to the ordinary canons of legal interpretation. The whole conception—
We are not concerned with the conception of this Bill at this stage; we are concerned with this Clause.
I agree. I am also concerned with this Clause. It transfers to the Atomic Energy Authority the powers and duties which were formerly conferred on the Government, and particularly the Minister of Supply, under the Atomic Energy Act, 1946. Hitherto the whole of our discussions have proceeded on the assumption that everything that relates to the hydrogen bomb is included under the Atomic Energy Act, 1946
It seems to me essential, particularly in view of the Amendment of the hon. Member for South Ayrshire (Mr. Emrys Hughes) that before the Committee parts with this Clause we should have a specific answer to the question which I have already addressed to the Minister of Works, namely, whether or not it is intended by this Clause to confer on the Atomic Energy Authority total powers relating to the hydrogen bomb as well as the atom bomb. I raise this question because when the Atomic Energy Act, 1946, was passed, the hydrogen bomb had not been thought of.
In those days it was thought quite appropriate to give the Government of tin day exclusive authority in everything relating to atomic bombs and atomic energy. The whole conception of the Act then passed was that it would not be right to entitle private individuals to develop atomic bombs, and, therefore, the Atomic Energy Act said that the Minister of Supply should have exclusive jurisdiction regarding atomic bombs, which I think is very sensible. Since then, science has progressed considerably, and during the eight years that have elapsed something far more deadly and far more potent than the atom bomb has been developed, namely, the hydrogen bomb.
11.0 p.m.
It has been assumed hitherto that by transferring to the Authority these powers under the Clause, everything that was said in 1946 in regard to the atom bomb is today applicable to the hydrogen bomb. I am not sure that that is the case. The definition under the 1946 Act has not been changed. I am surprised that on an important matter of this kind we have not in the Chamber to advise us any of the Law Officers—the Attorney—General, the Solicitor—General, the Lord Advocate or the Solicitor—General for Scotland.
On a matter of this importance we should have answers to these questions before we proceed. We should be told authoritatively whether Clause 2, incorporating the definition contained in the 1946 Act, which was limited by the state of scientific knowledge existing at that time, is, in the opinion of the legal advisers to the Government, sufficiently comprehensive to contain all the scientific discoveries which have occurred since—sufficient to give the Authority—I am not arguing the merits—all the powers which are anticipated to be necessary in the future with regard to the hydrogen bomb and such events as may ensue from the development of the hydrogen bomb. Those are three questions to which we are entitled to have answers from the Government before we approve the Clause.
The hon. Member for Uxbridge (Mr. Beswick) asked me about clause 2 (2, f ), which we consider important. Power to distribute information has been put into the Bill because it sometimes costs money to distribute it and we want to be sure that the authority will not be questioned for doing precisely the kind of thing which the hon. Member suggests they should do. The Lord President has it in mind to encourage the Authority to release as much information, both of a learned and scientific character and of a popular character, as security considerations will allow. I agree that that will no doubt assist us in recruiting for the Authority and it will also greatly increase the reputation of this country, which I am sure we all desire.
The hon. Member for Islington, East (Mr. E. Fletcher) asked whether the Clause was wide enough to give the Authority power to enter into talks with President Eisenhower. The Foreign Office conduct those talks on behalf of the Government, no doubt with the advice of the members of the Authority; and the conversations themselves will naturally be conducted through the usual international channels.
Secondly, he asked whether the authority was able to search for uranium ore outside the United Kingdom. We think it is, in the terms of the Clause, but it is not quite clear, and therefore we have in mind on Report stage to move an Amendment to make it quite clear that the power is not only in the United Kingdom but also elsewhere.
The third question, which he has asked me five or six times, is one to which he would know the answer if he would only read the Bill. He would not then keep Members up. Clause 8 (1) states that:
Question put, and agreed to.
Clause, as amended, ordered to stand part of the Bill.
To report Progress, and ask leave to sit again.—[ Sir C. Drewe. ]
Committee report Progress; to sit again Tomorrow.
Civil Defence (Electricity Undertakings)
11.5 p.m.
I beg to move,
These are the Regulations, the first of which enables my right hon. Friend to require the British Electricity Authority or any area board to report on the due functioning progress that they are making and also enables him to specify such measures for due functioning as he may require them to take. The second Regulation authorises my right hon. Friend, with the consent of the Treasury, to make grants towards the due functioning measures to the extent of 52¾ per cent., and the further Regulations are ancillary.
In the event of any hon. Member desiring any more detailed information, I shall be happy to try to supply it—in the event of my being permitted to do so—but I would point out that we had a fairly full debate on the subject only recently, and that therefore it might not be thought necessary to ask for further information.
I wish to thank the Parliamentary Secretary for his courtesy in explaining these Regulations to the House. We welcome them, and as far as I know there is no need for comment except to say that one would be interested to know how the astounding percentage of 52¾ was arrived at as the appropriate contribution.
The figure is certainly one which needs a lot of explaining. It was based originally on the figure of 50 per cent, which, the right hon. Gentleman will recall, was the amount of the contribution prior to the war. It has been the subject matter of negotiation between the Treasury and the industry since then, and they have arrived at the figure of 52¾ per cent.
Question put, and agreed to.
11.9 p.m.
I beg to move,
That the Draft Civil Defence (North of Scotland Hydro-Electric Board) Regulations, 1954, a copy of which was laid before this House on 16th March, be approved.
These Regulations are presented for the same purpose as those which have just been introduced by my hon. Friend the Parliamentary Secretary to the Ministry of Fuel and Power. They are necessary because the North of Scotland Hydro-Electric Board comes under my right hon. Friend the Secretary of State for Scotland and not under my right hon. Friend the Minister of Fuel and Power.
Question put, and agreed to.
Agriculture (Miscellaneous Provisions) [Money] (No. 2)
Considered in Committee under Standing Order No. 84 (Money Committees)—[ Queen's Recommendation signified. ]
[Sir RHYS HOPKIN MORRIS in the Chair]
Resolved,
That, for the purposes of any Act of the present Session to amend Part IV of the Agriculture Act, 1947, it is expedient to authorise the payment out of moneys provided by Parliament of any increase in the expenses of the Minister of Agriculture and Fisheries under the said Part IV which is attributable to any such amendment enabling holdings of an area exceeding fifty acres to be treated as smallholdings, and to authorise the payment into the Exchequer of any increase so attributable in the sums received by or on behalf of that Minister under the said Part IV.—[ Mr. Nugent. ]
Resolution to be reported Tomorrow.
Coast Erosion, Yorkshire
Motion made, and Question proposed, "That this House do now adjourn."—[ Sir C. Drewe. ]
11.12 p.m.
My object tonight is to appeal to the Government to take steps to save the village of Runswick Bay and other parts of the Yorkshire coast which are in danger as a result of the great storm of January, 1953, and encroachment from the sea. Runswick Bay consists of a very lovely village of about 90 houses, mainly built in the 18th century, and clustered together on a cliff in a very sheltered bay. Most of these houses have small gardens, generally of roses, very well cared for, and looking extremely picturesque enclosed in their stone walls, always freshly whitewashed.
In this village there are two danger points. First, there is a cliff above the sea wall, directly under the middle of the village, which was very severely damaged in the great storm of January, 1953, and I am told it is touch and go whether it can survive another very severe winter. If that cliff collapses there is little doubt that the sea will sweep over the village and destroy nearly all the houses. The remedy would seem to be to build a retaining wall along the cliff above the present wall for a length of about 100 yards and to a height of about 15 feet, and the cost of that would be in the neighbourhood of £3,000.
The second danger point is a mound called Upgarth Hill, which is gradually slipping into the sea. It is anyone's guess whether that wall will last one year or 20, but sooner or later there is no doubt it will go, and when it does it is generally expected that it will let the sea in on the north of the village and wipe out almost the whole of it. The remedy for that would seem to be a concrete sea wall, again of a length of about 100 yards, but a much more expensive matter, because it would have to be built in the sea to a height of about 20 feet, and perhaps of a width of about 20 feet at the bottom tapering to five feet at the top. The estimated cost of this is about £23,000.
In the district of the same rural council there is also the villages of Sandsend, Staithes, and Robin Hood's Bay, all of which are in danger as a result of the storm and sea encroachment. In the case of Robin Hood's Bay, a village of about 1,500 people, there are 25 houses which are in imminent danger, and which probably could only be preserved at a quite prohibitive cost. But there are about another 40 houses which will soon be in danger if nothing is done. I think that the necessary steps to preserve them would cost about £20,000. These are very large sums for a rural district council.
In expressing these views, I have been guided by the opinion of the eminent firm of civil engineers who are the official advisers to the rural council. The senior partner in the firm has visited Runswick Bay on several occasions. His views, I think, are in almost complete agreement with those of Mr. Hainesworth, the Ministry's inspector, who visited there last summer and who was most helpful and sympathetic.
I have tried to give a description of the village of Runswick Bay and the other villages and the danger which they are in. I should now like to give a brief account of my negotiations with the Ministry of Housing and Local Government. Directly after the great storm in 1953, I went to Runswick Bay and discovered what the position was. After making the necessary inquiries, I wrote to my hon. Friend the Parliamentary Secretary early in March. I kept up a fairly constant flow of letters and conversations with him and finally, in July, he sent the Ministry's most sympathetic inspector to Runswick Bay.
On 14th July, the clerk to the Whitby Rural Council received from the Ministry a letter suggesting that the council should prepare a scheme and
In that frame of mind I continued until 20th November, when I read in the local paper, the "Whitby Gazette":
Last Saturday I visited Runswick Bay again with the eminent civil engineer to whom I have referred and with the clerk and other officials of the council. I am sorry to say that we found the position much more serious than it had been a few months ago. The result of all this is that now nothing is being done in the matter at all.
I say three things to my hon. Friend. First, I remind him that this is a place of quite exceptional beauty. Indeed, important members of his Ministry, long before this issue arose, spoke to me in great affection and admiration of the village of Runswick Bay and it is visited by people from all over the country. Therefore, it would not only be a local loss, not only a loss to the National Park in which it is situated and for which the Minister and his Department have some responsibility, but would be a real loss to the nation.
Secondly, the men and women who live in these houses have done so for generations and they love their homes. I do not think for a moment that he would, but if my hon. Friend told me that in these days we cannot afford to bother about beauty and that sentiment does not matter, he cannot deny that, viewing the matter from the most material standpoint, from the purely financial aspect, if these houses go they will have to be replaced. The Ministry takes a very proper pride in its housing achievement. I say to my hon. Friend that the measure of its success is not in how many houses it builds but how few are homeless. These houses are very fine well-built houses and the measures I am urging on the Minister would not cost a fraction of what would be required to rebuild them.
I express this warning. If the Minister is dilatory in taking action the cost will be much more. If he is more than dilatory and just allows things to drift, there will be a small disaster, small in relation to national terms, but very tangible and he will bear a great measure of responsibility, a position in which I should hate to be. I therefore appeal to him not to think too much about past mistakes but about the future and what positive action he can take to preserve this lovely little village.
11.25 p.m.
I should like to add one word in support of my hon. Friend, as the problem he has raised is an example of the growing uneasiness which exists among those of us who represent coastal constituencies. My hon. Friend indicated that at least in one part the Ministry were prepared to make a grant of 50 per cent, towards the cost of the works he wants done. In answer to a Question of mine recently, my hon. Friend the Parliamentary Secretary indicated that in other places grants of 50 per cent., and even up to 100 per cent., have been made.
Up to 80 per cent.
Up to 80 per cent., but in many cases, and my constituency is one, no grant has been promised towards the cost of these enormously expensive works. I have been holding my hand because I think the Waverley Committee have been considering this problem, and I hope that in their report they will make some move towards making coast protection work a national charge. It is intolerable not only that poor boroughs which are situated by the sea, but those comparatively wealthy boroughs also, should be required to bear the total cost of protecting their coasts against the onslaughts of the sea.
There is again the problem of residents who occupy houses on the cliff edges, and who are required, under the 1949 Act, to bear a considerable part of the cost of coast protection works, even though they may ruin themselves in the process. I hope that in his reply the Parliamentary Secretary may be able to make some reference to the wider aspects of the matter raised by my hon. Friend.
11.28 p.m.
Tonight is the culmination of a long correspondence and many interviews between my hon. Friend the Member for Scarborough and Whitby (Mr. Spearman) and myself. He has been persuasive, eloquent and reasonable. As always in the past, he has been tenacious and has pursued his cause with an assiduity which will commend itself to his constituents when they know of the energy he has devoted to their cause. He said that there has been a constant flow of letters. There has. There have been long discussions, and my hon. Friend has done his best to see that the cause of Scarborough and Whitby has been adequately discussed.
My hon. Friend gave details of the actual work required to prevent coast erosion at Runswick Bay and Robin Hood's Bay. In the 12 minutes that remain to me I will not quarrel with that, nor accept it as a whole, but, for the purposes of the discussion tonight, his estimate was fairly reasonable. I will not enter into the technical details or the damage which would confront Runswick Bay or Robin Hood's Bay. It boils down to the question of what Exchequer grant will be made to a particular authority. My hon. Friend the Member for Bournemouth, East and Christ-church (Mr. N. Nicolson) came to the same point about Exchequer grants.
Let us examine the Act, because we have in fact to operate an Act which Parliament in its wisdom has passed. My right hon. Friend the Minister cannot dole out money as he thinks fit. He must interpret the Act. It may be good or bad, it may be wise or unwise, but it is that Act which he has to administer. Let us consider the actual responsibility which rests on him under the existing law. He has a general responsibility for the proper administration of the 1949 Act.
The Act designated the marine local authority, and by that I mean a county borough, a borough, or an urban or rural district council, as—and I quote the words of the Act—"coast protection authorities". Now those authorities have a primary responsibility for initiating and executing works for the prevention of coast erosion. For practical purposes, the Minister's function under the Act is to approve or disapprove schemes that are presented to him by those authorities, and pay a grant on approved schemes where this seems desirable. That is the limit of my right hon. Friend's powers in this matter. Of course, he can, if he likes—and I think quite rightly—give as much help as possible by informal discussions, but here lies the danger.
If informal discussions take place and the Department or my right hon. Friend give advice, there is the great danger that later there may be formal objections to the scheme when my right hon. Friend has to hear and determine what should happen. So when a form of advice is given it is tails the Minister loses and heads he does not win. The decision whether to submit a scheme is left by the Act to the local authority, and in the Department we cannot, without formal default proceedings, relieve it of its responsibility. The only thing that could be done would be to alter the legislation; and on the Adjournment Motion it is not in order to discuss legislation.
In the case raised by my hon. Friend—and I am grateful to him for the courtesy in giving me notice of what he was going to say—we have gone further than usual in helping the local authority. Last spring we sent an engineering inspector to Runswick Bay, although then there were no proposals at all before the Minister. Following this visit we suggested that the Whitby Rural District Council could put in hand a fairly small amount of work immediately and then it could consider when it received their consulting engineer's report whether it would submit a larger scheme or not.
The council did not immediately start the work, and I admit that we, in the Ministry, made a mistake. We deal with with hundreds of thousands of cases, and it is unlikely that we should not make some mistakes from time to time. We promised on 14th July, as my hon. Friend says, that we would consider making a grant, and we went beyond our terms of reference in doing so. We made a mistake—and I make no excuse for it—but very little was done by the Whitby Rural District Council. The letter we sent out was dated July, and by November the Whitby Council had made no attempt to start action, and we were able to correct the mistake before action was taken. Although we made a mistake, I am quite certain that the council was not as speedy as one would expect it to be.
After the Whitby Council had received the consulting engineer's report, it prepared a scheme for Runswick Bay to cost £29,290 and for Robin Hood's Bay at a cost of £8,770, making a total cost of over £38,000. They have not made formal proposals under the existing legislation, because they said they could not afford to do so. We told the Council that in due course we would make a grant of £21,000, or 55 per cent. My hon. Friend the Member for Bournemouth, East and Christchurch said that we paid 100 per cent., but I do not think that is so. The grants vary between 20 and 80 per cent, and the average is 60 per cent. In this case we offered 55 per cent. We cannot say exactly what would be the grant on the basis of the estimate, because, as we all know in engineering and building work, the costs are not exactly the same as the estimates which are given. This would mean that the rural district, in the constituency of my hon. Friend and the county council would have to pay between them about 5½d. on the rates for 20 years.
When, in the Ministry, we decide to make a grant we have to take account of two things: first, the cost of the scheme and its reasonableness, and second, the resources of the local authority. Here is a snag. Many local rural districts with coastlines just as vulnerable as those in my hon. Friend's constituency have felt able to bear larger burdens than we suggest Whitby can bear. Of course no two cases are alike. In an urban district council area in Yorkshire where the general rate is 25s. and a 1d. rate produces £170, they are now considering a scheme costing £55,000. After taking into account private contributions and the grant which we have offered, they will be left to share the equivalent of a rate of nearly 5d. for 20 years. The existing sea defence rate is already 7½d., so from the relative point of view this particular local authority is worse off than my hon. Friend's constituency.
Having compared an authority in the East Riding of Yorkshire, which is the same county, because I insisted on having an example from the same county as my hon. Friend's, I go to another county—Norfolk—where a scheme costing half a million pounds is being carried out by an authority whose 1d. rate produces £275. We pay an exceptional grant in this case, but even so the local contribution, which was for the first half of the scheme, is equal to a 9½d. rate for 20 years. The county council find part of this.
So, from a relative point of view, my hon. Friend's constituency is no worse off than any other place. I do not think a 5½d. rate, which is what it would cost my hon. Friend's constituency, shared between the district and the county, is a really excessive contribution. We cannot be definite about the exact grant, because we do not know what the cost is under the Act, which provides that contributions can be made to the scheme by those private individuals whose private interests have benefited by the particular scheme. The local authority have said in this case that they do not think they can ask their various private interests to contribute, but they have not really had a great deal of experience with the provisions of this Act, and we personally know of many cases where private individuals who have benefited have made a contribution. We think these contributions should be obtained, and for this reason we calculate the grant on the basis that they are made—and we think they could be made.
There are several arguments my hon. Friend used to advocate a larger grant. The first was that the rates were already high. But I can assure him that that had been taken into account in the grant we have offered, comparing one constituency with another. The second is that the council cannot afford to spend so much on a small part of their coastline. If any further works are to be carried out, we would take into account the cost of these works which should be carried out now.
The third is that Runswick Bay is a national beauty spot and that the nation should accept responsibility for it. Well, that is true, and to some extent the national interest is reflected in the grant we have paid. We offer, roughly speaking, 55 per cent. Exchequer grant, which under the circumstances is reasonably generous, and certainly appears favourable compared with other grants given to other constituencies. But even though the nation should accept a certain part of the responsibility, it is surely a matter of local interest that a village should be protected. The local interest should be reflected financially in a contribution from the rates.
I am grateful to my hon. Friend for raising this matter, and I have tried to set out the position of the Ministry regarding grants to local authorities on coast protection. My right hon. Friend is bound by the Act which is on the Statute Book. I have not had notice of the particular case the hon. Member for Bournemouth, East and Christchurch raised, but if he would care to write to me I will look into it and see what can be done. But if we take the local financial resources into account, I think Bournemouth would have to bear a relatively large share. I do not know, but I will look into it.
I say to my hon. Friend the Member for Scarborough and Whitby that I am sorry for the mistake the Ministry made, and I apologise for it. On the other hand, I do think the local authority have been a little dilatory in carrying out remedial works under their statutory responsibility under the Coast Protection Act. But I hope we shall work harmoniously in the future and see if we can get these works done, because Yorkshire has some very pretty spots and I should like to see those spots preserved for all time.
The Question having been proposed after Ten o'Clock and the debate having continued for half an hour, Mr. SPEAKER adjourned the House without Question put, pursuant to the Standing Order.
Adjourned at Eighteen Minutes to Twelve o'Clock.