House of Commons
Monday, March 29, 1954
The House met at Half past Two o'Clock
Prayers
[Mr. SPEAKER in the Chair ]
Private Business
DOVER HARBOUR CONSOLIDATION BILL [Lords]
Considered; Amendments made to the Bill; Bill to be read the Third time.
Wesleyan and General Assurance Society Bill
As amended, considered; to be read the Third time.
NEWCASTLE UPON TYNE CORPORATION BILL [Lords]
Read a Second time, and committed.
Oral Answers to Questions
Ministry of Supply
Ordnance Factory, Dalmuir (Production Capacity)
asked the Minister of Supply what steps he is taking to ensure the full use of production capacity at the Royal ordnance factory, Dalmuir, Clydebank.
So far as can now be foreseen, there will be sufficient work to keep this factory occupied at about its present level of activity for at least the next 18 months.
Is the right hon. Gentleman aware that some redundancy has been declared quite recently, and that this situation causes a lot of uncertainty in a district where men are recruited one day and may be declared redundant the next? Can he give an assurance that the work in this factory will be such that redundancy will not be periodically declared, as has occurred in the past?
I do not think that that statement is quite correct. I understand that there were rather too many skilled fitters and rather too few skilled machinists, and that, consequently, some adjustments had to be made in the balance of the labour force.
Shipbuilding Industry (Steel Plate)
asked the Minister of Supply what progress has been made regarding the provision of additional plate-rolling capacity to increase the out put of steel plate.
Plate-making capacity is being steadily expanded. Production in 1953 was some 200,000 tons more than in 1952. A further increase in output of about 100,000 tons is expected this year, and developments in the industry should lead to still further increases in 1955 and 1956.
Is the right hon. Gentleman satisfied with the progress being made on the North-East coast in the modernisation of the extension which he has mentioned before?
Increased capacity is being set up in the South Durham Steel and Iron Company, as the hon. Gentleman is no doubt aware.
Will all this increased production be directed towards shipbuilding?
Not all of it, but a substantial part.
asked the Minister of Supply whether he will make a further statement on the inter-Departmental committee and the working of the steel plate distribution scheme in so far as it affects the shipbuilding industry.
The inter-Departmental committee, with the full co-operation of the steelmakers, is continuing successfully to assist firms, who are experiencing difficulty in placing orders for necessary supplies of steel plate.
While fully appreciating the work of the inter-Departmental committee, may I ask whether the right hon. Gentleman is aware that there are still complaints about the inadequacy of supplies, and will he give every assistance to that committee to ensure that it continues its work?
Certainly we shall. No doubt the hon. Gentleman realises that the supply position has greatly improved. I should like to point out that this view is supported by the fact that although supplies from abroad are now plentiful, and although foreign prices have fallen, consumers are now importing only a small fraction of what was imported a year ago.
While everyone appreciates that supplies are increasing consequent upon the action that has been taken, may I ask the Minister whether he is aware that there is a feeling of alarm in the shipbuilding and ship repairing industries at their inability to get hold of the amount of plate that they require? Will the right hon. Gentleman prod his inter-Departmental committee a little more to ensure that these industries get their correct allocation?
I do not believe that there is a feeling of alarm. I think the hon. Member is voicing alarm which was felt quite a long time ago. The position has changed appreciably since then.
Civilian Test Pilots, Boscombe Down (Dismissal)
asked the Minister of Supply whether he will reinstate the civilian test pilots and air crew at Boscombe Down who are now under notice of dismissal.
No, Sir. The two men in question are surplus to our requirements.
Would the right hon. Gentleman not agree to reconsider his decision in view of the fact that civilian test pilots have had far more experience than R.A.F. pilots, whose tour of duties is normally limited to two years? Is it not a fact that there is already a backlog of test-flying, even before the dismissal of these civilian test pilots comes into effect?
We are employing civilian test pilots for the test-flying of civilian planes, and I am satisfied that the number of civilian pilots and civilian air crews we are retaining is sufficient to carry out the work which we have in hand on civilian aircraft.
Hostels (Financial Loss)
asked the Minister of Supply if he has studied the report of the Comptroller and Auditor General on the loss of £256,000 in the last financial year on hostels and whether he will close them down.
Yes, Sir. I am as much concerned as my hon. Friend by the size of the deficit which has been incurred year after year in the provision of hostel accommodation. Some months ago I asked my hon. Friend the Parliamentary Secretary thoroughly to investigate this matter. In the light of his inquiry, I am considering various measures to reduce this expenditure, including the closing of certain of the hostels.
I thank the Minister for that reply. I know that the Government are doing away with controls as fast as possible, but does my right hon. Friend not realise more fully than ever before that the Socialist policy of State run trading, because there is no competition, invariably means a loss to the taxpayer? Will he do away with these hostels as soon as possible?
It is necessary to subsidise a certain amount of hostel accommodation for essential workers and apprentices in Government factories in out of the way and overcrowded places; but I agree with my hon. Friend that there is a limit beyond which public expenditure is not justified.
Hydrogen Bomb (Orders)
asked the Minister of Supply what orders he has placed for hydrogen bombs similar to those recently exploded in the Bikini Islands by the Government of the United States of America.
I am sure the hon. Member is not expecting me to give him any enlightenment on this subject.
Is it not in the public interest that some enlightenment should be given by the Minister about the possibilities of being blown into eternity? Is he aware that recently we were told that he had acquired atom bombs for the Royal Air Force and that the new bombs were 600 times more powerful than the bombs which he had bought? Does that mean that he is going on buying obsolete bombs, or what is he going to do?
I am interested to know that the hon. Member is keen to see that the destructive power of our weapons shall be increased.
Is the right hon. Gentleman aware that there is no consumer demand for this dread weapon?
Pensions and National Insurance
Personal Case
asked the Minister of Pensions and National Insurance the circumstances in which Mr. W. Walton, ex-Royal Navy, whose Service number was P/264362/68 and whose Ministry of Pensions number is B9/M1/12127, has been refused an increased disability pension, in view of the fact that this man is unable to work at all.
The disability for which Mr. Walton is pensioned originated in civil life before he joined the Royal Navy. I am advised by our senior medical officers that the assessment of 40 per cent, on which Mr. Walton's pension is based fully represents the degree of disablement ascribable to the effects of his war service.
Is the hon. Gentleman aware that in the opinions in the documents with which I have been furnished, which are of a professional character, there is no mention of this man's health being affected by anything which occurred prior to his war service? If I send him these documents will he have this case examined again?
I will certainly look into anything which the hon. Gentleman likes to send me about this case.
Contribution and Benefit Regulations (Pamphlet)
asked the Minister of Pensions and National Insurance when the pamphlet consolidating regulations governing contributions and benefits and eligibility thereto under the National Insurance and Family Allowance Acts will be available.
I expect the pamphlet to be published this summer.
War Disabled Pensioners
asked the Minister of Pensions and National Insurance what pension is payable to a man who loses the Slight in one eye and becomes completely deaf as the result of a war injury; and what increase in pension he receives if he becomes completely blind in the other eye from causes entirely unconnected with military service.
As the man would already have been assessed at 100 per cent, for his war injuries he would not receive any increase in his basic pension for subsequent loss of sight. But if such a case should occur we would do all we could for him by way of supplementary allowances.
I thank the Minister.
asked the Minister of Pensions and National Insurance how many war disability pensioners are receiving National Assistance grants.
The National Assistance Board regret that no later figures are yet available than those given to the hon. and gallant Member on 9th June, 1953.
Has the Minister any reason to think that the figure of 21,700 disability pensioners who were then in receipt of National Assistance has gone up or down? Will he make a check on these cases to make sure that the need for increased National Assistance does not arise from their war disability?
The hon. and gallant Member no doubt is aware that we can only get a rough estimate of the figures by taking a sample of the files of persons in receipt of National Assistance at any one date. The figures which we got last year represent a smaller proportion of war pensioners than the average for the population as a whole.
As the number of war pensioners is inevitably going down, and the number of war pensioners receiving National Assistance is increasing, does this not represent an undesirable trend which shows that the war disability scale for these cases is inadequate?
I have no information at present which leads me to believe that the numbers of war pensioners in receipt of National Assistance is on the increase, but I shall have some further sample figures available in three or four weeks' time.
Retirement Pensions (Increase)
asked the Minister of Pensions and National Insurance whether, in view of the urgency of the situation facing retired pensioners due to the increased cost of living, he will consider making an immediate interim increase in retirement pensions in anticipation of any permanent increase he may be contemplating.
I cannot add anything to what my Parliamentary Secretary said in the debate on 19th March.
Is the Minister not aware that the Chancellor of the Exchequer's policy of creating a margin for saving by transferring more money from the poor to the rich is having a deleterious effect upon this section of the community, and will he not consider this practical proposal for alleviating the plight in which they are in at present?
I think that the hon. Gentleman should, in fairness, put that question to the Chancellor, when he will get the answer which he deserves.
I did put it to the Chancellor and it was transferred.
As the Parliamentary Secretary, on 19th March, said that it was the Government's aim to restore the value of pensions without delay, and as there has been more than a week's delay since then, can the Minister at least assure us today that a statement will be made on this subject before the Easter Recess?
My hon. Friend the Parliamentary Secretary said all that but with this qualification:
"should the finances and the economics of the country permit, …"—[OFFICIAL REPORT, 19th March, 1954; Vol. 525, c. 816.]
I would refer the hon. Member to that very full statement.
Cannot the Minister at least undertake to make a statement before Easter?
No, I cannot undertake that.
Old-Age Pensioners (Deputation)
asked the Minister of Pensions and National Insurance if he will make a statement following his discussion with the deputation representing the National Federation of Old-Age Pensioners' Associations.
Yes, Sir: the deputation pressed their claim to a 50s. pension for everyone and referred to their recent survey. I pointed out that it would cost an extra £570 million a year immediately in pensions to concede their claim, to say nothing of consequential improvements in other payments. I added that I could not accept conclusions drawn from 190 letters (some of which were incomplete) which was all they had sent me, as a fair indication of the circumstances of over 4 million pensioners.
I referred to the National Food Survey, which showed that even in 1951 old people were taking up as much rationed food on average as others, and said that when later figures were available I expected them to disclose a distinct improvement in the dietary of old people.
Is the right hon. Gentleman still of the same opinion that old-age pensioners are better off now than ever they have been before? If so, is he not aware that, spite of what he says, the vast majority of the people are definite that the old-age pensioners must be a first charge on the Budget?
The hon. Gentleman's Question asked for a statement on the results of the deputation I received last week. I cannot add anything to my answer.
asked the Minister of Pensions and National Insurance the result of his discussions with the deputation he received recently from the National Federation of Old-Age Pensioners' Association; what representations he has received recently from the National Old-Age Pensioners' Associations of England, Scotland and Wales, respectively, and the National Old-Age Pensioners' Association of Wales, respectively; and what action he has decided to take thereon.
As regards the Federation, I would refer the hon. Member to the reply given today to the hon. Member for Dartford (Mr. Dodds). I have received no representations recently from the other associations.
Industrial Injuries Fund
asked the Minister of Pensions and National Insurance by how much the Industrial Injuries Fund increased in the years 1950, 1951 and 1952.
In the financial years 1950–51, 1951–52 and 1952–53, the Industrial Injuries Fund increased by about £20 million, £19 million and £15½ million respectively.
What is the total surplus available at the date nearest to the present time?
My recollection is that it is in the neighbourhood of £80 or £90 million.
Can my right hon. Friend say why so many people are now taking advantage of the common law? Is it because they do better under that than under the industrial injuries scheme?
That is rather a long way from the Question on the Order Paper.
asked the Minister of Pensions and National Insurance what would be the increased charge to the Industrial Injuries Fund of an increase in the special hardship allowance to a maximum of £2 a week.
About £2¾ million a year at present. The hon. Member will no doubt appreciate that only pensioners with assessments of 20 per cent, or less would derive the full benefit from the increase he has in mind, and those with assessments of 70 per cent, and over would derive no benefit at all.
None the less, would the Minister not agree that in view of the answer he gave to Question No. 16, the fund would appear to be able to bear such an improvement? Will he further consider the matter?
As the hon. Member knows, the fund is financed on wholly different principles from those on which the National Insurance Fund is based. The object is to build up a reserve, the interest upon which, coupled with the contributions, will be large enough ultimately to bear the annual outgoings in benefit.
Prescribed Diseases (Benefits)
asked the Minister of Pensions and National Insurance how many men and women were certified and received payments for scheduled diseases in 1950 and 1951.
In 1950, about 36,000 men and 6,000 women were awarded benefit for a prescribed disease under the National Insurance (Industrial Injuries) Acts. The corresponding figures for 1951 are about 35,000 and 7,500, respectively.
Would the right hon. Gentleman not agree that the figures seem strangely small in view of the fact that they represent all the scheduled diseases for the whole of the industrial population? Does it not mean that certain cases, such as dermatitis, cannot easily be accepted for full pensionable payments? Is he aware that it is as difficult for anyone to receive a pension for dermatitis as it is for a camel to pass through the eye of a needle?
The whole question of the prescription of industrial diseases is now before the committee, appointed last May, presided over by Mr. Beney. On the whole, it is a matter for congratulation that the claims for industrial diseases are not of a larger order.
Fuel and Power
Use of Resources (Committee's Recommendations)
asked the Minister of Fuel and Power which of the major recommendations of the committee on national policy for the use of fuel and power resources have now been carried out.
Of the committee's 14 major recommendations, 12 have been carried out in whole or in part. Recommendations 39 and 40 were not accepted, but alternative action has been taken to achieve their underlying purpose.
Will the Minister make available to hon. Members a statement of the way that these recommendations have been carried out?
It would be a rather long statement, but I shall be happy to write to the hon. Member about it if that would help.
In view of the great national importance of the matter, will the Minister not consider what my hon. Friend says and put a full statement in the OFFICIAL REPORT?
I will certainly consider it, but I cannot promise.
Electricity Generating Plant (Capacity)
asked the Minister of Fuel and Power the estimated capacity of new electrical generating plant required to be commissioned in the next 10 years to enable industrial electrification to reach an installed horse power per worker comparable to the United States productivity standards, and the estimated capital cost.
No such estimate can reasonably be made.
asked the Minister of Fuel and Power the estimated capacity of obsolete electrical generating plant of low efficiency proposed to be replaced by modern high efficiency plant in the next 10 years, the estimated capital cost, and the approximate saving in fuel consumption.
The development of the industry envisages the commissioning of some 17,000 megawatts of new high efficiency plant in the next 10 years costing at present prices over £1,000 million. Reduction in the output from old plant will depend upon the increase in demand for electricity and, therefore, the saving in fuel consumption cannot be estimated.
Will the capital needed be made available to the industry by the Government?
I would rather have notice of that question.
Power Station Chimneys, Dunston (Pollution)
asked the Minister of Fuel and Power (1) if he will express in percentage figures the effectiveness of each chimney at Dunston power station, County Durham, in the prevention of dust and smoke pollution;
(2)the type of installation to prevent dust and smoke pollution in each chimney at Dunston power station.
I am advised that the cyclone grit arrestors on chimneys 1 and 2 are working at 73 per cent, efficiency, those on chimneys 3 and 4 at 68 per cent., and the electrostatic precipitators on chimneys 5 and 6 at 97 per cent.
The Minister will be aware that in February last year he gave a promise that the most modern and up-to-date smoke pollution apparatus would be installed at Dunston power station. Later, in May, he said he hoped that it would be effective in June or September of last year. In view of the figures he has given today, which show such a remarkable difference, will the hon. Gentleman say what the Board is doing to raise the remaining four chimneys to the efficiency of the other two, because the grey dust that is spreading all over Newcastle creates a real nuisance problem for the local authority?
On a point of order. Is this not a question dealing with the day-to-day working of the British Electricity Authority?
We looked into it very carefully and found that it was not.
My reply last year related to chimneys 5 and 6, which have now reached an efficiency of 97 per cent., which is exceedingly high. The other chimneys relate to considerably older plant. The solution of the problem in their case, I think, will be the gradual exchange of load on to more modern plant.
We know that the new station is to be erected at Stella and will lighten the load, but, even then, the four remaining chimneys will still operate. Will the Minister exert what pressure he can upon the Board to get better plant installed in the other four chimneys, to prevent this grey dust nuisance spreading?
I cannot hold out any hope that it would be practicable to insert into the old chimneys the electrostatic precipitators which are in the new chimneys.
What effect has this new apparatus upon the sulphur oxides leaving the chimney? How much of these are removed?
Perhaps the hon. Member will put that question down.
In view of the unsatisfactory reply, I give notice that I shall raise this matter on the Adjournment at the earliest opportunity.
Ministry of Materials
Raw Cotton Purchases (U.S. Dollar Aid)
asked the Minister of State, Board of Trade, as representing the Minister of Materials, if he is satisfied that the funds allocated by the United States Government for the purchase of raw cotton by use of sterling will be fully used; and whether he will make a statement.
My noble Friend is hopeful that the 20 million dollars aid allotted for cotton purchases will be fully used, although difficulties over contract terms are at present delaying claims against it.
Does the right hon. Gentleman not recall all the arguments we had from the Government about the return to private buying earning us dollars? In view of the doubts that have been expressed in the "Economist" and elsewhere about the total inability of the private cotton buyers to use the 20 million dollars worth of sterling that has been allocated for this purpose, does the Minister not feel that, on balance, the experiment on private buying in raw cotton will lose us dollars?
No, I certainly do not think so. This is exactly the kind of soluble difficulty that, we thought, might arise. It emphasises the necessity for the kind of flexibility that will be a feature of the new arrangements.
Will the right hon. Gentleman undertake to report to the House at the earliest opportunity whether these problems have been solved and whether we are to expect this 20 million dollars worth of sterling to be used for this purpose? Alternatively, if the problems prove insoluble, will the Minister give the House an early report?
I think there is very little doubt that the aid will be used, and not wasted. If the right hon. Gentleman is not happy about the way things develop, I have no doubt that he will put down another Question.
Cotton Spinners' Interests (Safeguards)
asked the Minister of State, Board of Trade, as representing the Minister of Materials, the Government's proposals for safeguarding the interests of contracting-in cotton spinners, especially in respect of non-American cottons, after the reopening of the Liverpool Cotton Market.
With your permission, Mr. Speaker, and that of the right hon. Gentleman, I will answer this Question at the end of Questions.
At the end of Questions —
As my noble Friend said on 23rd March, in another place:
"The Commission has asked its present customers to state how much cotton of the various growths they need to tide them over until the new season's crops become available for private purchase. That is October-November, 1954, for the United States and the Egyptian crop, February-March, 1955, for Pakistan and East African, and May, 1955, for Peruvian and Sudanese. The Commission is taking the necesssary steps to ensure that as far as possible it can meet these requirements either from stock or from fresh purchases that it will make.
When the Bill becomes law, the Commission will invite its customers to enter into firm contracts for the forward delivery of this cotton even after 31st August. The contracts will, of course, have to be entered into some little time before the Commission ceases active trading on 31st August, but a sufficient interval will be allowed to allow contracting-in spinners to make adequate provision for their needs.
Until the final date stipulated for the conclusion of these contracts the Commission will not offer to contractors-out any cotton likely to be needed by contractors-in. Under these contracts, spinners will have the choice of buying the cotton at a fixed price or 'on call,' that is, on terms which leave the final price to be fixed in relation to the market price at the time when delivery is required.
If a spinner buys at a fixed price for future delivery he will be able to hedge his purchase on the Liverpool Futures Market. If he buys 'on call' he will not need to hedge: he is covered against fluctuation in price, because he only fixes this when he takes up cotton or sells his yarn."—[OFFICIAL REPORT, House of Lords, 23rd March, 1954; Vol. 186, c. 610–611.]
While recognising the value of this somewhat belated and partial recognition of the force of the arguments addressed to the Minister from this side of the House, may I ask the right hon. Gentleman if he will confirm the statement made by his noble Friend in another place when, referring to the Raw Cotton Commission, he said:
"I will not wind it up while stocks are there and while it is still operating."—OFFICIAL REPORT, House of Lords, 23rd March, 1954; Vol. 186, c. 614.]
Will the right hon. Gentleman confirm that that means the Commission will not be wound up while these arrangements are in progress? Will he further say why he cannot assure the House now that the Raw Cotton Commission shall continue in business for the sterling area cotton until such time as the Liverpool Futures Market can assure him that a futures contract will be available for these growths?
What this means is that the present facilities will continue to be available until the 1955 crops come along and, therefore, contractors-in will have their supplies assured through the Raw Cotton Commission until that time, either buying on firm price or on call. So far as winding up the Commission goes, the Government are still of the opinion that it will be wise to wind up the Commission as soon as possible after 31st August next. I am sorry that I have forgotten the last part of the question asked by the right hon. Member. If he will repeat it, I will endeavour to answer.
In view of what the right hon. Gentleman has just said, the last part of my question would hardly arise. I asked why he could not assure the House that the Commission will continue to do this work until the Liverpool market was able to assure futures contracts for colonial growths? Is not what he has said a contradiction of what his noble Friend said, that the Commission will not be wound up while these arrangements are in operation? Is that not until at least 1956?
No, it means exactly as I have described it, that facilities will be available until the 1955 crops come round. I do not think there is anything difficult to reconcile between what my noble Friend said and what I have said.
Is the right hon. Gentleman aware that I am sure his noble Friend will be as astonished as I am at that statement?
Newsprint Imports
asked the Minister of State, Board of Trade, as representing the Minister of Materials, if, in view of the offer of additional supplies of Canadian newsprint remaining open until 1st April, he will now announce that sufficient paper may be imported in the second half of this year and next year to allow the newspapers to be freed from rationing and page control in 1955.
No, Sir. My noble Friend has given the Newsprint Supply Company authority to import an additional 25,000 tons of newsprint from Canada in the second half of this year for the purpose of building up stocks. He cannot, at this stage, give any assurance as to the total level of newsprint imports which it will be possible to permit in 1955. That is a matter which must be looked into again later this year in the light of the balance of payments position at the time.
Does my right hon. Friend think that this grudging concession to necessity brings us any nearer to the day of freedom from newsprint rationing? Is it not a fact that our newspapers are the smallest in any of the free Western countries?
I can assure my hon. Friend that we are very anxious to make what progress is possible with this matter, but I cannot give him an assurance that we can go beyond this concession at the present time.
Is it not the case that this concession may be taken up almost entirely by new users of newsprint, and does not the Government policy make it difficult for the industry to contract ahead, as is necessary if it is to get more newsprint?
It may well be that this additional quantity will not allow any expansion of the present size of newspapers, but that is a point which we shall watch in the coming months.
Is my right hon. Friend aware that many Members on this side of the House view this matter with very great concern, and hope that steps will be taken to bring this rationing to an end as soon as possible?
I quite realise that, and I know my right hon. Friend realises, too, that we are not yet out of our dollar difficulties.
As many millions of dollars are already being wasted on less essential purposes, will not the Minister bear in mind that it is quite impossible to make any kind of reasonable plans for future supplies of newsprint unless contracts are placed three or four years ahead? Is it not a fact that this nibbling at the problem for a few months at a time serves no purpose at all?
Will my right hon. Friend contrive to bring on to the Floor of the House, for discussion, the principles which cover priority in the importation of dollar merchandise?
Corporal G. H. Leighton (Wrongful Imprisonment)
asked the Attorney-General what compensation he will pay to Corporal George Henry Leighton, Royal Army Service Corps, for wrongful imprisonment from July, 1953, to March, 1954.
My right hon. Friend the Secretary of State for War has asked me to say that Corporal Leighton's pay for the period from his arrest to the determination of his appeal has been restored to him.
Is the Solicitor-General aware that his reply is totally unsatisfactory? Is it not a fact that this man was wrongfully convicted, and did not Lord Goddard describe the evidence against him as "prejudiced and uncorroborated"? He was kept in gaol for the whole of the sentence until his appeal was heard and his conviction quashed. Is he not entitled to some compensation?
If Corporal Leighton makes an application for an ex gratia payment it will, of course, be considered, but my right hon. and learned Friend is not at present aware of any grounds which indicate that the case calls for such a payment?
Would the Solicitor-General not agree that ample grounds for such an application exist, and may we have an assurance that he will at any rate sympathetically consider it if it is made?
No, Sir, I am not aware of any ample grounds at present for the payment of compensation.
Will my hon. and learned Friend not agree that being in gaol for eight months, coupled with the words of the Lord Chief Justice, constitute considerable grounds?
I am answering a later Question about the alleged delay.
Is the Solicitor-General not aware that the obligation in this matter rests upon the War Office and not on Corporal Leighton, that it is the War Office which has done wrong to Corporal Leighton, and it is the War Office that should offer some compensation for the wrong that has been done to him?
The hon. Gentleman had better await the answers to his next Questions.
asked the Attorney-General (1) why there was a delay of eight months from July, 1953, to March, 1954, in bringing the appeal of Corporal George Henry Leighton against his conviction by a court-martial in Aldershot before the Courts-Martial Appeals Court;
(2) if his attention has been drawn to the comments of the Lord Chief Justice on 22nd March on the delay in bringing cases before the Courts-Martial Appeals Court; and what action he will take to speed up this procedure.
asked the Attorney-General whether he is aware of the public disquiet caused by the revelation of delay in hearing the appeals of Service men against conviction by court-martial; and what steps he proposes to take to avoid any possibility in the future of innocent men being punished owing to the lapse of time between court-martial and appeal.
Corporal Leighton was convicted by court-martial on 17th September, 1953. Its findings were promulgated on the 24th September and Corporal Leighton could then have presented to the Secretary of State the petition required by the Courts-Martial (Appeals) Act, 1951. However, he did not do so until 12th December, 79 days later.
The Act provides that the convicted person cannot apply for leave to appeal until he has been notified that his petition has not been granted or a specified period, in this case 40 days, has elapsed. Having been notified that his petition had not been granted Corporal Leighton applied for leave to appeal on 19th January. His application was considered first by a single judge, who referred it to the full court. Leave to appeal was granted by the court on 15th March and the appeal was heard on 22nd March.
I have made detailed inquiries and I am satisfied that no undue delay took place after the presentation of the petition in complying with the requirements of the Act and the rules made thereunder and I can assure the House that all concerned are fully aware of the need to deal expeditiously with applications for leave to appeal.
It is unfortunate that Corporal Leighton did not present his petition much earlier, as he could have done. The procedure might be speeded up in some cases by reducing the period within which a petition has to be presented, but that would mean curtailing the rights of a convicted person.
May I ask the Solicitor-General, first of all, whether he can give us an assurance that Corporal Leighton was afforded all possible legal advice as to how he should act in this matter? Secondly, have there not been other complaints of long delay in cases reaching the Appeal Court—the Solicitor-General will know there have been several other complaints over the last two or three years? Will the hon. and learned Gentleman therefore make some further investigation into the procedure to see whether something cannot be done to speed up appeals in these cases?
I am aware of one other complaint arising since this Act was passed in 1951, and that complaint was dealt with by my right hon. and learned Friend in answer to Questions in this House. That is two complaints, including this one, out of a large number of cases that have been tried by court-martial.
Does not what the Solicitor-General has just said show that there was considerable delay before approval was given to proceed with the appeal, and does not this case show quite conclusively that the present position of a petition first and the appeal afterwards is conducive to injustice, at any rate in one particular case?
The procedure for these appeals was very fully considered in this House when the Courts-Martial (Appeals) Act was on its way through Parliament during the last Parliament. It was decided that it should be a condition precedent to asking for leave to appeal to a courts-martial appeal court that a petition should be filed with the Secretary of State for War in a case such as this. It is only right that, if a petition is presented, it should be carefully considered, because if that petition is granted it avoids the necessity for any further appeal. It was fully recognised, according to my recollection, when the Bill was going through the House, that under the procedure it was possible that presentation of a petition by the convicted person might take place at such a late date that it was quite impossible for the appeal to be determined before he served his sentence.
If this man did not present the petition for 70 days, is it not obvious that he did not know about the procedure? Surely it is the duty of someone to advise the man of what was his right.
I would not assume for one moment that he was not informed of his rights. A person convicted by court-martial has the right of presenting two kinds of petition, one a petition which is called a prerogative petition and the other the petition required under the Courts-Martial (Appeals) Act. He can present both at the same time if he wishes. In this case, Corporal Leighton chose to present a petition under prerogative first.
Could the hon. and learned Gentleman clear up this point? Corporal Leighton would have suffered loss of pay as part of the sentence that was imposed on him. Now that the sentence has been set aside, am I not right in supposing that the War Office will be obliged to return him that pay? There is no question of that being any kind of compensation.
The conviction having been set aside, the War Office has given him the pay that he would have had. The War Office has paid—[HON. MEMBERS: "It had to."]—may be because it had to, but the point is that it has done it.
The Solicitor-General said that he would not assume that the corporal was not informed of his legal rights, but can he assure the House that this man was informed of them?
I remember that at the time the Bill was going through the House of Commons we satisfied ourselves—[HON. MEMBERS: "Was he informed?"]—that full precautions would be taken—[HON. MEMBERS: "Were they?"]—to ensure that persons convicted by court-martial should be fully informed of their rights. [HON. MEMBERS: "Was he?"] That is a question which must be put to my right hon. Friend the Secretary of State for War; it is not a question that I am in a position to answer more than this, that I am sure we were satisfied, on both sides of the House, that steps would be taken to ensure that convicted persons should be aware of their rights.
Surely the hon. and learned Gentleman will answer a question of this kind. If he says that there is no compensation, surely he knows whether the man was informed.
The question I am answering is not one about compensation, but whether there was any undue delay.
rose —
Order, order. We have spent quite enough time on this matter now.
In view of the unsatisfactory reply, I beg to give notice that I shall raise the matter on the Adjournment.
Drogheda Report (White Paper)
asked the Secretary of State for Foreign Affairs when the White Paper summarising the recommendations of the Drogheda Report will be available.
A White Paper is being prepared now and my right hon. Friend hopes shortly to make it available to Parliament.
What is holding this up? This report was presented last July, several weeks ago the hon. Gentleman gave an undertaking to the House that it would be published, and he is still waiting for it.
There is nothing holding it up, but it happens to be an extremely complicated and difficult job. When it is ready, it will be laid before Parliament.
May we expect that, as a result of the delay, we shall get a fairly lengthy report and not a summary?
I think I can promise the right hon. Gentleman a rather lengthy summary.
France
British Citizenship (Offer)
asked the Secretary of State for Foreign Affairs whether the offer of joint citizenship made to the French by the British Government in June, 1940, has ever been officially withdrawn.
On 25th April, 1945, my right hon. Friend the Prime Minister informed the House that this offer no longer represented the policy of His Majesty's Government. I have nothing to add to that statement.
Is the right hon. Gentleman aware that this matter is still being referred to in the French Press, that there is in France at present a great nostalgia for fuller co-operation with this country, particularly in many elements, and some of the best elements, of the Resistance, who are opposed to the policy of E.D.C. and are in favour of what M. Daladier calls a real Europe? Will the right hon. Gentleman consider that 1940 is a long time ago, that this is 1954, and that it is possible to get back to that attitude of real co-operation between the whole of Europe?
Since that statement was made a number of statements have been made by the previous Government and the present Government with a view to making our collaboration with France closer, and I think that the whole House supports those statements and hopes that hon. Members will not go to Paris to contradict them too much.
European Defence Community (British Association)
asked the Secretary of State for Foreign Affairs what offers have been made in precise form to the French Government of British participation in the proposed European Army.
asked the Secretary of State for Foreign Affairs whether he will now make a statement on the proposals for closer association between Her Majesty's Government and the projected European Defence Community.
asked the Secretary of State for Foreign Affairs whether he will make a statement concerning the proposals he has made to the French Government for a British contribution to the European Defence Community.
Discussions are now taking place with the French and other European Defence Community countries about the exact form of our association with the European Defence Community. I expect these to be concluded shortly, when I shall be glad to make a full report to the House.
Will the right hon. Gentleman make it clear to the French that he could never ask this country or this House to accept the limitations on sovereignty which are being attempted to force on the French at present, unless in the interests of something much more useful than the little Europe of six, this horrible hybrid between the Holy Roman Empire and the Berlin-Rome axis?
As far as I am aware, Her Majesty's Government are forcing nothing on the French. They are now considering something which was on French initiative.
Is the Foreign Secretary not aware that the one thing that is standing in the way of ratification of the E.D.C. Treaty is the betrayal by the Prime Minister and a number of his leading Ministers of the assurance they gave at Strasbourg that Britain would join as full members? Will he consult his right hon. Friend and make up his mind that now is the time to give the lead to Europe which Europe is asking us to do?
As I say, our proposals are now being considered by the Powers concerned. I hope shortly to make a statement to the House, when the right hon. Gentleman and others will be able to make their comments upon it.
asked the Secretary of State for Foreign Affairs whether he will publish as a White Paper the text of the European Defence Community Treaty, and the protocols, conventions and declarations related thereto.
The texts of those agreements and declarations relating to the European Defence Community Treaty to which Her Majesty's Government are a party have already been laid as a White Paper. I have no authority so to publish the European Defence Community Treaty itself, of which Her Majesty's Government were not a signatory. Moreover, there is no official English text. I will, however, make available in the Library of the House an unofficial translation of the Treaty and the main protocols.
While thanking the hon. Gentleman for the last part of his reply, may I ask whether he will make something available to the general public in this country, so that it can be made aware of what it has already been committed to by the decisions of the House, and what right hon. Gentlemen opposite are proposing to commit it to in the discussions in regard to British participation, which have been referred to already?
I will certainly consider the suggestion of the hon. Gentleman about putting the facts before the public. If I do that, I would also ask whether I might have his help and consideration in this matter for, so far, some of his hon. Friends and himself have seen fit to mislead the public about it.
Is the hon. Gentleman aware that all I am concerned with is that there should be full clarity in this matter, that everybody should know exactly where we stand and that there should be no misleading and vague declarations from the other side?
In view of the very great interest in this matter to the whole House, will the hon. Gentleman not reconsider whether we could not have a White Paper giving us the text of this Treaty?
My right hon. Friend has no authority to lay as a White Paper, before the House, a treaty to which Her Majesty's Government are not a party. I do not think it has ever been done before. I will certainly consider the suggestion, but it is a little difficult.
Since Her Majesty's Government have given guarantees which are based upon this Treaty, surely that constitutional point can be avoided.
We will certainly look into it, but all the guarantees and undertakings to which Her Majesty's Government are a party are either already before the House or will be laid before the House as they come forward.
Radioactive Dust Dangers (Minimisation)
asked the Secretary of State for Foreign Affairs if he will initiate discussions with other countries conducting atomic experiments, with a view to concluding an international agreement on methods of minimising dangers from radioactive dust which may drift from one territory to another following experimental explosions.
I would ask the hon. Member to await the statement which my right hon. Friend the Prime Minister will be making upon on these matters tomorrow.
Does the right hon. Gentleman not think that it would be appropriate to utter some words of sympathy to the Japanese fishermen who suffered as a result of pursuing their peaceful occupation, and will he not advise the Prime Minister that some initiative would be welcomed, not only in Japan but by the whole civilised world?
I am sure that the countries concerned in these tests have the greatest interest in seeing that they are conducted in such a way that they do not cause suffering or unfortunate results to others. For the rest, the hon. Gentleman had better await the statement.
Israel-Jordan (Frontier Incidents)
asked the Secretary of State for Foreign Affairs what steps he proposes taking in the light of the request made by the Government of Israel to Her Majesty's Government and other Governments for the recent outrages in Israel to be referred to the Security Council; and what is the policy of Her Majesty's Government regarding the Mixed Armistice Commission now that Israel has withdrawn her members from it.
Her Majesty's Government are consulting the United States and French Governments, as cosignatories of the Tripartite Declaration of May, 1950, regarding the desirability of an early meeting of the Security Council to discuss the situation on the borders of Israel. The Security Council is, in any event, due to discuss the report of 1st March on this subject by the United Nations Chief of Staff, which was called for in the Council's resolution of 24th November.
Since General Bennike's report was issued there have been further regrettable incidents, including the murder of Israeli passengers in a bus near Beer-sheba, in regard to which Her Majesty's Government have expressed their deep sympathy with the Government and people of Israel.
Last night an attack is reported to have taken place on a Jordan village about two miles from the Israel frontier. Casualties totalled nine Jordanians killed and 17 wounded. General Bennike has ordered an immediate investigation and the Chairman of the Mixed Armistice Commission has convened an emergency meeting of the Commission.
As regards the second part of the Question, the policy of Her Majesty's Government is to preserve and strengthen the United Nations truce machinery. My right hon. and learned Friend the Minister of State and I have made this clear to the Governments concerned, and have expressed the hope that all concerned will exercise restraint in the present tense situation.
While thanking my right hon. Friend for his answer, may I ask him, particularly, whether the measures which he proposes to take regarding the strengthening of the truce machinery will be a replacement of the Mixed Armistice Commission or an increase in its membership and of the countries represented on it, in view of its ineffectiveness owing to its being composed of Arabs and Jews equally up to now?
It would not be a replacement of the Mixed Armistice Mission, which I am sure the whole House would think a mistake. The question is whether we can strengthen the frontier guard. I should like an early meeting of the Security Council to examine these matters, which are causing considerable concern. We have expressed our views to some of the Governments concerned and I hope that a meeting will be held shortly. I think that General Bennike's report makes the occasion for it.
Germany
Defence (Federal Parliament's Decision)
asked the Secretary of State for Foreign Affairs whether he is yet in a position to make a statement on the instructions given to the British High Commissioner for Germany regarding the constitutional amendment on defence passed by both Houses of the Federal German Parliament.
On 25th March, the Allied High Commission informed the German Federal Government that it approved those sections of the law supplementing the Federal Basic Law which were designed to clarify any doubts as to whether the Bonn and European Defence Community Treaties were constitutional under the Basic Law.
The High Commission also informed the Federal Government that it understood that the Federal Republic did not contemplate taking, and the Allied High Commission would not approve, any measures of a legislative or administrative nature in the field of defence by virtue of the provisions of the law, as long as the E.D.C. Treaty had not entered into force.
Will the hon. Gentleman circulate in the OFFICIAL REPORT the full text of the High Commissioner's Note and of any German reply so that we can all see exactly where we stand in this matter? Can he give a categorical assurance that this constitutional amendment will have no legal validity if the E.D.C. Treaty is not ratified by all parties?
I will certainly see whether there is anything that we can make available to the House. I should have thought that the whole House, including even the hon. Member, would be pleased with the decision, which is that the German Government, while passing the law, have agreed with us that it will not come into effect unless and until E.D.C. comes into effect.
Will the right hon. Gentleman answer the second part of my question?
Will the right hon. Gentleman say that the Governments have agreed that the German Government will not take any action until the European Defence Treaty has been ratified? Is that purely a political agreement? Is it not the case that the amendments to the Constitution are completely unconditional and unlimited? Can the right hon. Gentleman say whether the document that has been sent by the High Commissioner is a document approving or not approving, within the terms of the Occupation Statute, this amendment to the Constitution?
As the hon. Member knows full well, the Occupation Statute is still in force and the Question was whether the arrangements which E.D.C. allows for could be carried out without contravention of the German Basic Law. That is now agreed. As to the future, I think that the statement which I made is quite accurate. These measures will not be taken until E.D.C. comes into force. It seems to me extremely reasonable that the German Government should get ready for such action and should agree not to take it until E.D.C. comes into force.
Nazi Prisoners, Spandau
asked the Secretary of State for Foreign Affairs (1) whether he will give details of the approach made by Her Majesty's Government to the Soviet Government for the release or transfer of one or more of the former Nazi war criminals now in Spandau gaol;
(2) on how many occasions, and on what dates, approaches have been made by Her Majesty's Government to the Soviet Government for the release or transfer of one or more of the former Nazi war criminals now in Spandau gaol; and what was the nature of the Soviet Government's reply.
In the agreement with my French and United States colleagues, I raised with Mr. Molotov while I was in Berlin the question of providing hospital treatment for sick prisoners and arranging for the disposal of the bodies of dead prisoners. I suggested that these matters should be examined by the four High Commissioners.
I have now received a message from Mr. Molotov to say that the Soviet High Commissioner in Germany is ready to take part in such discussions. No suggestion has ever been made by me to the Soviet authorities that any of the Spandau prisoners should be released.
Can the right hon. Gentleman confirm or deny that among correspondence he has received about this matter has been a letter from a very well known lady, which was sent on to him by the Prime Minister's private secretary? Will he tell us the name of the lady?
I have not the slightest idea, so I cannot impart that interesting information.
If I put a Question on the Order Paper will the right hon. Gentleman be good enough to give me the names of the persons who corresponded with him on this subject?
In view of the discussions that are shortly to take place between the four High Commissioners, I do not think that I should bring any lady's name, known or unknown, into this matter.
Basques' Trial, Vitoria (H.M. Government Observer)
asked the Secretary of State for Foreign Affairs what reply the Spanish Government have made to his request for an official observer to attend the forthcoming trial of Basques at Vitoria on 25th March.
No special permission is necessary for observers to be present at trials of this kind. The present trial is being attended by a British consular representative.
While thanking the hon. Gentleman for the action he has taken, may I ask whether he does not agree that the fact that there are British observers at the trial of these men, who are exercising no other than what we in the democratic countries consider human rights, has encouraged them to speak up in their own defence?
The hon. Member must not try to lead me, as a representative of Her Majesty's Government, into making comments on judicial procedure in another country.
University Entrance Examinations (Convention)
asked the Secretary of State for Foreign Affairs how many Governments have ratified the Convention on the Equivalence of University Entrance Examinations; and what are the terms of the Convention.
The United Kingdom instrument of ratification was deposited with the Secretary-General of the Council of Europe on 22nd March, 1954. I am not aware that the Convention has yet been ratified by any other signatory Government.
Copies of the Convention were presented to the House on 12th January, 1954, as Command Paper 9039, but I am sending a copy to the hon. Gentleman for his own information.
Can the hon. Gentleman say whether any action is possible by the Committee of Ministers of the Council of Europe to get other countries to come into line on this matter?
I do not think that there has been any considerable delay—the Convention was only signed in Paris on 11th December last—but I will bear in mind the point which the hon. Member has made.
Disarmament (Four- Power Discussions)
asked the Secretary of State for Foreign Affairs whether he will make a statement on the progress of the atomic and conventional disarmament discussions agreed upon at the Berlin Conference.
It was agreed in Berlin that the four Powers should exchange views on disarmament in the Disarmament Commission. As I said in the debate on 25th February, I hope that the Commission will meet shortly and set up a sub-committee on which the four Powers would be represented.
Is it not a fact that the United Nations General Assembly, in its Resolution in November last, stressed the urgency of the problem of disarmament, by reason of the development of the atomic and hydrogen bombs? Will the right hon. Gentleman press upon his colleagues the importance of treating this question of disarmament, both atomic and conventional, with the greatest degree of urgency and as of the greatest international importance?
As I said the other day, we have raised this matter with our Allies and I assure the right hon. and learned Gentleman that they know our view of it quite clearly.
Questions
Troopship "Empire Windrush" (Fire)
(by Private Notice) asked the Minister of Transport and Civil Aviation whether he has any statement to make about the fire on board "Empire Windrush."
Yes, Sir. "Empire Windrush" left Port Said for Southampton last Tuesday with 1,265 passengers and a crew of 222 on board. Early yesterday morning when she was about 30 miles north-west of Cape Caxine, near Algiers, there was an explosion in the engine room and a serious fire broke out. Four members of the crew died in the engine room.
In spite of the efforts of the crew to control the fire, it spread rapidly and the master found it necessary to order the ship to be abandoned. In response to an S.O.S. message, received at 6.30 a.m., several ships, including the Dutch motor vessel "Mentor," the Norwegian steamer "Hemsefjell," the Italian tanker "Taigete" and the British motor vessel "Socotra" proceeded immediately to the assistance of "Empire Windrush" and all the passengers and crew were picked up. They were taken to Algiers where a number of them were treated for injuries and burns.
The House will, I know, wish me to extend its deep sympathy to the relatives of the four men who lost their lives. It will also wish me to express its gratitude to all who went to the assistance of the ship and helped the survivors when they were taken ashore. It is a matter for deep thankfulness that their efforts were rewarded with such complete, indeed miraculous, success.
I have ordered a formal investigation under the Merchant Shipping Acts. The investigation, which will be in public, will be held as soon as the necessary preliminary work is completed.
Does my right hon. Friend agree that the response to the S.O.S. was quite remarkable and that the operation which followed reflects the greatest credit, not only on those who went to the rescue, but on the passengers and crew of the "Empire Windrush," whose fortitude and calm was of the highest order? Would he say what action is intended in order to return home to this country those families who have suffered as a result of this disaster?
The Secretary of State for War is making a statement relating to the second part of that question.
I should certainly like to associate myself with what has been said about all concerned and also to express gratitude to the French authorities for the splendid assistance given in Algiers. The New Zealand Shipping Company has a fine record of service as managers for the Ministry of Transport and in many other fields and all who know Captain Wilson know what a fine leader he is. The discipline shown by these families on board was deserving of the highest credit.
In associating myself, and hon. Members generally, in the sentiments expressed about those who did such wonderful work, may I ask the right hon. Gentleman whether he is aware that we take particular pride in the fact that Chatham-manned ships were the first on the scene?
May I ask my right hon. Friend whether any arrangements can be made to pay compensation for the effects of Service people and their families?
That will be dealt with on the next Private Notice Question.
(by Private Notice) asked the Secretary of State for War what steps he is taking to return the troops and families who were on board the "Empire Windrush" to this country, and what arrangements he is making for their welfare and re-equipment.
One destroyer has already left Algiers with 200 soldiers and is due at Gibraltar tonight. The aircraft carrier "Triumph" is due to leave Algiers this afternoon, carrying the remaining passengers including families and children; and should reach Gibraltar tomorrow afternoon.
From Gibraltar we are arranging a special airlift, so as not to interfere with the normal trooping programme, which should be able to lift all concerned in about four days. Those families who do not wish to proceed by air will return by sea under special arrangements.
Soldiers will be issued with new uniform and equipment in Gibraltar and special clothing for the families and children is being flown out to Gibraltar under arrangements made by S.S.A.F.A. In addition, families will be given a cash grant to buy essential items of clothing.
All the families in this ship were homeward bound and it is expected that the majority of them will already have made their own arrangements for arrival. Those families who need accommodation will be provided with it by the War Office. In addition, the voluntary welfare organisations have undertaken to help where special amenities or assistance are needed.
Would the Secretary of State be kind enough to send a message to the O.C. troops telling him that the House and the people of this country are thrilled by the behaviour of the troops, which was, after all, exactly what we expect from British troops in such circumstances? [HON. MEMBERS: "Hear, hear."] Will the right hon. Gentleman also do a generous action and persuade the Treasury this afternoon, while the mood is on him, to agree to 100 per cent compensation for loss of kit and effects, to all troops and families travelling on that boat?
Discussions about the question of compensation started this morning with the Treasury. I cannot make an announcement this afternoon.
Business of the House
Proceedings on Government Business exempted, at this day's Sitting, from the provisions of Standing Order No. 1 (Sittings of the House).— [Mr. Crookshank.]
Orders of the Day
Agriculture (Miscellaneous Provisions) [Money] (No. 2)
Resolution reported,
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.
Resolution agreed to.
Agriculture (Miscellaneous Provisions) Bill
Order read for consideration as amended (in the Standing Committee).
Bill re-committed to a Committee of the whole House in respect of the Amendments in Clause 3, page 2, line 29; Clause 3, page 3, line 10; and Schedule 3, page 13, line 33, standing on the Notice Paper in the name of Sir Thomas Dugdale.— [Sir T. Dugdale.]
Bill immediately considered in Committee.
[Sir CHARLES MACANDREW in the Chair]
Clause 3.—(AMENDMENTS AS TO SMALL- HOLDINGS IN ENGLAND AND WALES.)
3.43 p.m.
I beg to move, in page 2, line 29, to leave out from "shall," to the end of line 40, and to insert:
The Amendment will redefine a statutory smallholding to include all holdings under 50 acres; secondly, to include all existing smallholdings already approved, irrespective of size or rent; and thirdly, to include future smallholdings of over 50 acres, in the following two circumstances: if either the holding of 50 acres would not be sufficient to give a full-time and reasonable living to the farmer concerned, that is to say, in the case where the soil is so poor that a larger acreage is needed; or alternatively, where it would not be in the interests of good estate management to have a holding of 50 acres or less. That would occur where, in the splitting up of an existing estate, it could not be conveniently split up into smallholdings of 50 acres or less than 50 acres.
In either of those two instances, where the Minister and the statutory authority—that is, the county council—are in agreement, then the definition will run as I have indicated. In the interval between the Committee stage and today, I have taken the opportunity of consulting the Smallholdings Advisory Council as to how the Amendment should be framed. Members who are on the Council will recollect that in Committee I gave an undertaking to that effect. The Smallholdings Advisory Council recommended that the definition of a smallholding should be as this Amendment indicates, but it offered an additional opinion which I feel I should give to the House. It was to the effect that while no upper acreage limit should be stipulated for a smallholding the purpose of smallholdings legislation was the provision not of small farms but of smallholdings.
In moving the Amendment, I should like to endorse the view expressed by the Advisory Council and to say that that is indeed the policy of my right hon. Friend in the Ministry—that although we are redefining the definition of the smallholding in this flexible fashion, we have carefully laid down the only two considerations in respect of which a smallholding shall exceed 50 acres. At the same time, I wish to put it on record that, while we would normally expect a smallholding proposal to be for 50 acres or less, the definition, amended in this fashion, should be flexible enough to cover all the practical necessities that may arise in proposals for new smallholdings which are put forward.
3.45 p.m.
As the mover of the Amendment on this subject in Committee, I should like to thank the Minister and the Joint Parliamentary Secretary for having met the Committee on this matter. I was glad to hear that the Joint Parliamentary Secretary held a meeting with the Smallholdings Advisory Council, as promised. I am sure we all agree that the Amendment now proposed will really meet the case very well. It allows much greater flexibility than the Clause as originally drafted would have done. I think we would also agree that the normal standard should be 50 acres. Presumably the Minister will deal with that now, under the Clause, by administrative arrangements. I am sure that it will be much more satisfactory to the statutory authorities, in certain areas at all events, to have the very much wider definition which is provided by this Amendment.
I wish to express one slight doubt about the wording of the Amendment, and I should be most grateful if the Joint Parliamentary Secretary would put my mind at rest about it. As he knows, we have in my constituency a greater number of part-time smallholdings than full- time ones. If my hon. Friend will look at the second part of the Amendment, he will see that it refers to the power which the Minister of Agriculture has in the past exercised to prevent holdings from being approved unless they can provide full-time occupation. The part-time smallholdings in the Isle of Ely are a major contribution to the agricultural production of the district.
I do not want to see embodied in any Act permanent statutory legislation enabling the Minister to compel county councils to do that which they think is inadvisable in their own areas, which is something that has already caused great concern in the local county council. Reading the Amendment, I am not quite clear whether it is the intention to preserve the power of the Minister of Agriculture to refuse to allow the county council to have part-time smallholdings where it wishes to do so. If that is the intention, it seems to me that the Amendment would be highly unacceptable to the constituency which I represent.
The Minister will remember that before the 1951 Election he gave me an assurance to the effect that he would pay far more attention to the wishes of the county councils than had been done in the previous Ministry on this matter of part-time smallholdings. I do not want to see that specific pledge which he gave me weakened by this Amendment or by any others. I should be most grateful if my hon. Friend would clarify my mind on this matter.
I wish to reinforce the point made by my hon. and gallant Friend the Member for the Isle of Ely (Major Legge-Bourke) about part-time smallholdings. I do not think that by this Amendment there is any intention to hurry up the amalgamation of holdings. I know that this problem affects particularly the Fen areas where part-time smallholdings are of special importance. I hope the Minister will give the assurance asked for by my hon. and gallant Friend.
There seems to me to be something a little queer in the wording of this Amendment. I am not a lawyer, and it may be that the Clause, as amended, may read properly; but I am still not clear about the definition of a smallholding. The first part of the Amendment says that the expression "smallholding" in Part IV shall
I can give my hon. and gallant Friend the Member for the Isle of Ely (Major Legge-Bourke) the assurance for which he asked. This Amendment does not alter the present administrative practice with regard to part-time smallholdings.
Regarding the point raised by my hon. Friend the Member for Norfolk, Southwest (Mr. Bullard), I consider that the definition is clear enough. A statutory smallholding, for this purpose, will continue to be a smallholding of 50 acres or less, or a holding above 50 acres in the circumstances defined in subsection (2) of the Clause.
We on this side of the Committee are glad that in this, as in so many other matters affecting the Bill, the Government have agreed to an Amendment in line with suggestions made by hon. Friends and myself during the proceedings in Committee.
This Amendment seems in all practical things to be in accordance with one that we put on the Notice Paper during the Committee stage. There is a slight difference in the approach and in the first lines, but otherwise it is exactly the same. It brings the Bill not only into accord with the existing situation, and legalises what the Minister has been doing illegally, but it legalises the things he was going on doing, whereas his previous proposals did not even get him out of that trouble. We are all delighted at having been able to help him.
My hon. Friend the Member for Flint, East (Mrs. White), with her customary good taste, thanked the Minister, but I think it would be proper if the Minister thanked us. Had we not raised this matter and argued it at great length, it would have been necessary to bring in a Bill to amend the original proposals in this Bill.
I am worried about the interchange between the Parliamentary Secretary and his hon. and gallant Friend the Member for the Isle of Ely (Major Legge-Bourke). I gather that the Parliamentary Secretary has given his hon. and gallant Friend the assurance for which he asked, that it would be possible to set up part-time smallholdings. It does not appear to me that the Parliamentary Secretary has amended the 1947 Act regarding the definition of a smallholding as accepted by the Smallholdings Advisory Council and successive Ministers. Unless it is amended, I do not see how the hon. and gallant Gentleman can be given the assurance for which he asked.
As I understand it, the definition of a smallholding precludes part-time smallholdings where the occupier cannot obtain a satisfactory living. We on this side of the Committee would be reluctant to acquiesce in any Amendment to Part IV of the 1947 Act which would result in a return to the bad old days. I do not think that the present Administration, in spite of all the wicked things they have done, have committed that particular wickedness. I shall be glad if the Minister will make clear that Part IV of the 1947 Act remains as it was placed on the Statute Book and that the definition of a smallholding is the same.
The right hon. Member for Belper (Mr. G. Brown), when he was Parliamentary Secretary to the Ministry of Agriculture, realised that there were areas, including those in Norfolk, Suffolk, Ely, Cambridge, Holland with Boston and Huntingdonshire, where this matter of part-time smallholdings is far more important than in the rest of the country. I hope the right hon. Gentleman is not now suggesting that it is the policy of his party, or indeed of anyone else, to end these part-time smallholdings, because that would upset agricultural conditions in those areas.
We appear to be discussing two different things. I am not now called upon to debate whether what happens in those areas is good agricultural practice. I hold somewhat different views from the hon. and gallant Gentleman, but I am not called upon to discuss them here.
What I am seeking to be clear about is that the provision of new smallholdings under the Act and the carrying out of the smallholding policy will be in accordance with Part IV of the 1947 Act, until some amendment is made. Under that Act part-time smallholdings were not regarded as part of the smallholding policy either of the previous Government or the present Government. I wish that to be made clear.
The hon. Member for, I think it is Norfolk, South-West (Mr. Bullard)—I find difficulty in remembering which constituency he represents, because I regard him as holding office only temporarily—raised a question about the limit of a smallholding, and whether it would be 50 acres or 75. I gather it will now be 50 acres, except in special circumstances which are defined and where the limit will be 75 acres. The hon. Member was pessimistic about his ability to answer questions on the subject. I read his regular writings on agricultural matters and I think that his difficulty would be in accordance with his general position on questions of agricultural policy. I am sure that his opponent in South-West Norfolk would be delighted to answer such questions for him, and, as he is a member of the smallholdings Advisory Council, there could be no better person to aid the hon. Member.
Subject to those observations, I would say that we support the Amendment of which, in effect, we are the parents.
The right hon. Gentleman spoke of this being a form of wickedness—
No.
4.0 p.m.
The right hon. Gentleman said that it was a form of wickedness to provide part-time smallholdings. I thought that he said that he and his hon. Friends had not fallen victims to the vicious habit of setting up part-time smallholdings. I do not think that there is anything wrong in them. I agree that the Amendment deals with the reorganisation of holdings, and I do not think that the right hon. Gentleman should say that the provision of part-time holdings is bad in all parts of the country.
I should be happy to make myself clear. I should regard it as an addition to the list of acts of wickedness for which the Government are clearly responsible, agriculturally speaking, if they were to amend Part IV of the 1947 Act to remove the basic conception of that Part, which is that smallholdings shall be provided for agricultural workers and others in the industry to enable them to climb the ladder in agriculture and to earn a good living while they are doing that. If the Act were to be amended to allow the provision of part-time smallholdings or even to allow the Minister by administrative means to encourage them, that would go further than was intended. I understand that that is an act of wickedness to which the Minister has not yet descended.
The right hon. Member for Belper (Mr. G. Brown) may perhaps find some satisfaction in that he has caused me to doubt somewhat the reassurance given by my hon. Friend the Parliamentary Secretary, although I gather that my hon. Friend did not want me to doubt it at all. I should like my hon. Friend to make the matter clear. I believe that it is right to say that there was a considerable easement of pressure upon the county Councils in certain areas to insist upon the amalgamation of part-time smallholdings to make them full-time holdings. I hope that there has been no retraction from that, and that, where it is generally agreed that there is a special place for part-time holdings, the county councils will not be put under pressure by the Minister.
I am glad to be able to give my hon. and gallant Friend that further assurance. For the information of the right hon. Member for Belper (Mr. G. Brown), I would point out that the definition of a statutory smallholding can be found in Section 66 of Part IV of the Act. That does not tie it to a full-time holding. My right hon. Friend thought that there was a case for part-time smallholdings in some counties. After consulting the Smallholdings Advisory Council, of which I am chairman, it was agreed that where cases did exist my right hon. Friend might use his discretion and allow part-time smallholdings to continue.
Amendment agreed to.
Further Amendment made: In page 3, line 10, after "(1)," insert "or (2)."— [Mr. Nugent.]
Clause, as amended, ordered to stand part of the Bill.
Third Schedule.—(ENACTMENTS REPEALED.)
Amendment made: In page 13, line 33, column 3, at beginning, insert:
In Section sixty-six, in subsection (1) the word "either," and the words from "or a holding" onwards, and subsection (2).— [Mr. Nugent.]
Schedule, as amended, agreed to.
Bill reported, with Amendments; as amended (in the Standing Committee and on recommittal), considered.
Clause 1.—(CONTINUATION OF GRANTS FOR DRAINAGE AND WATER SUPPLY.)
I beg to move, in page 2, line 5, at the end, to insert:
We regard this as a matter of considerable importance. Some excellent points were made in Committee when it was made clear that it would be wrong for any Government to spend so much money as is being spent upon field drainage without taking steps to ensure that the ditches, once cleaned, were properly maintained. We recognise the difficulty of finding a means to ensure this. The Heneage Committee, which very carefully examined the question of drainage, and which is a body upon which sat some recognised experts, told us in paragraph 153 of its Report:
We have put down the Amendment to give the Minister an opportunity to tell us why he did not table an Amendment himself. After he has told us, we shall have to decide whether or not to press our Amendment. There has been some reinforcement of this point during the last few days in the Report of the Welsh Agricultural Land Sub-Commission on the 28,000 acres in Monmouthshire which it has been examining. The engineer in charge is reported to have said that that part of the country is undoubtedly a discreditable reflection on the drainage competence of our generation. The Sub-Commission recommended a £1 million scheme and said:
I beg to second the Amendment.
I do not know whether my right hon. Friend will consider accepting the Amendment, but to my mind it would not be necessary if more care were taken in inspecting some of the work when it is first done, and particularly by ensuring that the spoil taken out of the ditch is placed well back from the lip of the ditch. Often I have seen it piled within a few inches of, certainly not more than a foot or two away from, the ditch, and left like that. What happens is that with the first shower of rain it starts running back again; and when animals or people tread on it, it is also thrown back. Later it cannot be cultivated or rolled and forms a seed bed for weeds. Gradually one sees a belt of rough ground covered with weeds all along the ditches.
Another difficulty arises with water meadows. The land might flood over in the winter and if there is that little bank along the ditch, the water cannot get back in again. The bank forms a dam and the water remains on the field much longer than it would do otherwise. This kind of work should not be passed for grant until it is shown that the spoil is taken back at least a rod or preferably scattered over the field. I have seen water meadows where this has gone on year after year. The spoil is simply left at the side, and finally the ditches run at a much higher level than the rest of the meadow, and after flooding the water cannot get back. As a result, the whole drainage system breaks down.
Coming up in the train last summer, I watched one place along a river where some beautiful work was done. At first, it looked fine. All the ditches had been cleaned out and were running well, but the earth was piled at the side. As the summer went on, the grass began to grow. Before the end of the summer, there were weeds, rushes and stuff about three or four feet high which could not be cleared. If more care were taken to see that the spoil was removed and put well back from the lip of the ditch, it would not be so necessary to make inspection afterwards.
In listening to the case made by the hon. Member for Derbyshire, South-East (Mr. Champion) in moving the Amendment, I could not help feeling that he had overlooked an overriding factor. These schemes must be approved by the agricultural executive committee. If that committee does its job in the ordinary way, it will see that there is good husbandry by occupiers and owners.
The Amendment ought to be unnecessary. Apart from the fact that it would be a little unfortunate to try to jump the starting gate on the Heneage Report, that valuable Report is still causing certain associations with which I am associated a great deal of thought, as no doubt it is causing my right hon. Friend the Minister a great deal of thought. It would be a pity to introduce an Amendment which is designed to implement something in that Report before the whole Report is dealt with in the form of new legislation.
Even if my right hon. Friend is kindly disposed to the Amendment, I suggest that there should be no need for it if the agricultural executive committee does its job, as most of the committees try hard to do. I doubt whether the inclusion of the Amendment in the Bill would make the county committees any better at doing their job.
4.15 p.m.
I have gone carefully into this matter since the Committee stage and have some sympathy with the object of the Amendment. I cannot, however, accept it. First, as my hon. and gallant Friend the Member for the Isle of Ely (Major Legge-Bourke) has said, the county committee is responsible for drainage schemes, including ditching. Already, before grant is approved, a farmer has to give an undertaking to do his best to ensure that maintenance is carried out. I will explain why the wording is in that particular form.
The hon. Member for Derbyshire, South-East (Mr. Champion) referred only to ditching schemes, but the Amendment refers to all drainage schemes. Out of 25,000 completed drainage schemes in a year, 14,000 are for ditching only. That represents a very big job.
There are two reasons why I cannot accept the Amendment. First, it would place upon a farmer an obligation which, through no fault of his own, he might not be able to fulfil. That is why the undertaking is in its existing form of words. The farmer undertakes to do his best to maintain his ditches; but there are no powers to deal with a neighbour who does not do his job. The farmer may not be able to do something because his neighbour's neglect might interfere adversely with his ditching. This presents real trouble and prevents me in one respect from accepting the Amendment.
The right hon. Gentleman says that the difficulty of accepting the Amendment is that it would put a statutory obligation upon a man who receives a grant but who might not be able to perform the work because of a failure on the part of his neighbour. Would it not be better, therefore, to take power to deal with the neighbour, so that the man could be dealt with properly instead of getting away with something?
The difficulty is that the powers to deal with the neighbour would not relate to anything connected with the applicant's farm.
If the Amendment were written into the statute, it would need to be followed up very closely. The 14,000 ditching schemes each year would involve an increase of staff and further inspections, which I am not in this instance prepared to accept. The county committees are very much alive to the importance of maintenance, and they have regard to this factor when schemes are submitted to them for approval for grant aid. When a committee considers that a ditch which is to be improved under a grant-aided scheme should be fenced to prevent treading by livestock, it may require a fence to be erected as a condition of approval of the scheme. In that case, the cost of the fencing would be eligible for grant aid.
Does that include maintaining the fence?
No, not for maintaining the fence, but for putting it up. Indeed, the farmer, once he has given an undertaking to do his best to maintain the ditch, would have no excuse at all for not maintaining the fence.
Another point which we discussed in Committee and which is also given very careful consideration by the county committees is that of the outfall of the tile drains and ditches, and it is the wish of the county committees to encourage the use, wherever suitable, of headwalls and culverts. This is very important in the farmer's own interests, and, having looked at the difficulties of the proposition, I think it is right to remember that the farmers themselves will want to keep their ditches clear.
To start with, they pay 50 per cent, of the cost of all schemes carried out. It is, therefore, in their own interests to keep their ditches clean and properly maintained after they have spent considerable sums of their own money in bringing them to an efficient state. If they do not attempt to maintain their ditches, in the normal course of events, of course, the county committees can use their powers under the Agriculture Act to give directions for the maintenance of fixed equipment, and fixed equipment includes farm drainage installations.
For these reasons, I hope the right hon. Gentleman opposite will not see fit to press the Amendment. I think it would be administratively impracticable to have it on the Statute Book, although I give the House a complete assurance that by administrative means the Government will do all they can, and I myself will certainly see to it that the attention of farmers is drawn to the views of the House on this matter, and that the views expressed in Committee are also brought to the notice of the county committees.
Our difficulty about this Amendment is that, though the Minister is saying this is desirable and to bring it about, he is assuring us, every practicable step will be taken, he is not prepared to give recognition in the statute to the fact that it is desirable. I think that is very weak ground on which he should seek to stand, and I feel that the example to show why it could not be done will not stand up to any examination at all.
The Minister is saying that if the failure of a neighbour to do something to his drains or ditches has an effect on the farm of the original applicant, it would be unreasonable to require the original claimant to look after his ditches. I still do not follow the point. If the neighbour cannot be got at under the present drainage law for so neglecting his ditches that he does harm to the farm of somebody next door, then that is a very strong case for amending the existing drainage law. It is, indeed, what the Heneage Committee, among other things, recommended that we should do, but here we are, 10 years later, still messing about trying to deal in this small way with the recommendations of that Committee.
Whatever the truth about that, it cannot be a valid excuse for saying that we will not lay a statutory obligation upon a man to the improvement of whose ditches we have contributed 50 per cent, of the cost in public money. That is simply saying that because, under the present law, one can get away with doing something wrong or not doing something right, we think that that is a good reason for letting somebody else get away with not doing something right, even when we have provided from the public purse half of the cost of the works.
If the Minister assures us that he will see that this is brought about by administrative action and through the county committees, why cannot he also say that he will put this requirement in the Bill? If he is not going to do that, then this is a confession that a lot of public money will be spent on works which subsequently will not be maintained.
The second part of the Minister's argument seems to me to be equally fallacious. In answer to his hon. Friend the Member for Newbury (Mr. Hurd) on the point about providing fences for keeping out livestock, the Minister said that work would be grant-aided. Whatever can be said about the erection of the fences, the only thing which can make it justifiable to use public money towards the erection of the fences is that they shall be kept in a satisfactory condition to keep livestock off the drainage works, because once the fences are not maintained in proper condition the whole of the original expenditure becomes perfectly useless and nugatory.
If we are to pay grants towards the erection of fences, why should we not require and make it quite clear that the man who receives the grant will be expected to maintain the fence? But the Minister went on to say, "Of course, it is reasonable to expect him to maintain the fence." If it is reasonable to expect him to maintain it, let us make it quite clear in the Measure under which we are providing the money that he must maintain his fence. Indeed, I think that some sanction should be applied in the case of a man who does not do so, instead of leaving the Bill with none at all.
The only real answer the Minister gave us was about the question of inspectors. The right hon. Gentleman said that, in order to inspect 14,000 schemes a year, he would need a lot of people and that a great deal of public money would be spent. If we cannot satisfactorily watch over the public money that is spent, I have a strong feeling that we ought not to be spending the money in those circumstances. Of course that is no answer, and if the county committees are going to do what the right hon. Gentleman suggests—which he says he will require them to do administratively—then they will require to do this checking and inspecting, and there seems to me to be no difference between an inspector going out as the result of administrative action and one going out as a result of a requirement in the Bill.
I think that the Minister failed to deal with the point of the Amendment, and that, in so far as he tried, he supported our case entirely. I would therefore urge that, during the subsequent stages of this Bill, he should think again on this subject.
I wish my right hon. Friend had been able to devise some means of looking after some of these ditches. We certainly do not want him or the county committees to get involved in a lot of inspection work. It will involve a good deal of work for the county drainage officers, but it is an essential part of this drainage work that the drains and ditches should be properly maintained.
I hope that my right hon. Friend will send constant and pointed reminders about this matter, in the interests of the farmers themselves, so that they will keep their ditches clear and properly protected. It is in the interests of the farmer, having himself spent half of the cost involved and knowing that he will not get another grant for that purpose, to keep his ditches in good order, but I think he will need very frequent and pointed reminders, judging by the state of some of the ditches in my part of the country.
I wish to support the Amendment and also to support what was said by the hon. Member for Newbury (Mr. Hurd). It often occurs that a drainage scheme which has been approved for one particular farm is not properly operative until an adjoining farm also has a drainage scheme installed. The Minister's officials are conscious of this fact, and are most persuasive in trying to get the farmer whose land is adversely affecting that of another to agree to a scheme of drainage being instituted.
4.30 p.m.
Quite often the second farmer is approached and is not willing to do the work. The work is done by the agricultural executive Committee and the farmer pays something, without putting in any work. If the second farmer does not maintain his ditches, what, in effect, he is doing is retaining the water on the first farmer's land. It is therefore essential, particularly in the low-lying parts of the country, that the Minister should take some measures to see that the farmer maintains his ditches in a clean order. Otherwise, what will happen is that the two farmers will find that the amount of money spent is not producing the results. It is because there are cases where one farmer is not willing to do the work and does not very much care about maintenance, that I suggest that an Amendment of this kind is worth consideration.
With the permission of the House, may I say one word? I think the debate that we have had today will, in fact, draw the attention of farmers to the importance that this House attaches to this particular problem.
I should like to repeat my specific promise. I am certainly prepared to bring to the notice of the county agricultural executive committees concerned the views expressed here on the question of maintenance, and ask them to ensure that farmers submitting schemes for grants are fully alive to their responsibilities in this respect. That is as far as I can go today, and I hope that the House will think that I have at least met them halfway.
The right hon. Gentleman has given us an assurance that he will call the attention of the county agricultural executive committees to the general feeling in this House, but I would remind him that there is another stage of this Bill in another place, and it might well be that between now and then he might look at this matter again in the light of all the representations which have been made today to see whether anything can be done. But in view of what the Minister has said, I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Clause 5.—(POWER OF AGRICULTURAL LAND TRIBUNAL TO AWARD COSTS.)
I beg to move, in page 3, line 27, to leave out from first "that," to "pay," in line 30, and to insert:
The second of the two Amendments arose from a further discussion which we had on this point. It was suggested that a party might give a lot of work to all concerned by taking a case to a tribunal in order to gain time without having any genuine intention of proceeding with it at all, and abandoning it on the day the tribunal was due to sit.
I am sure that nobody will expect us to falter in our opinion that it is necessary on occasions to bring an inefficient farmer before a tribunal. We have always maintained that since the 1947 Act, and we maintain it now. Although we consider it necessary to bring an inefficient farmer before the tribunal if he is found to be inefficient, we know that it is an extremely serious thing and that every possible safeguard for the individual who is so brought is needed. He may be a man whose financial means are not of the strongest and, in some sense, he is pitting himself against the financial power of the State. It is therefore of the utmost importance, not only that everything should be done to safeguard him from oppression and injustice, but that it should be plain to the world that everything has been so done.
As the right hon. Gentleman hinted, in the original drafting of the Bill the words used were rather wide and left the way open for abuse. It did not make the position plain to the individual brought before the tribunal that there could be no injustice against him. I do not think myself that it was very likely that he would suffer any injustice, but it was by no means clear that he could not suffer any injustice. The Minister of Agriculture has now come forward with new words for this Clause, and speaking on behalf of my right hon. and hon. Friends on this side of the House, I do not think that any objection can be taken to them.
We felt that it was quite improper that any farmer brought before a tribunal should have costs awarded against him in any circumstances. We failed to see how it could be proper for costs to be awarded against him. After all, he does not start the proceedings. He had them started against him. It is a very serious thing to be brought before such a tribunal: and the farmer can be brought there without there being the slightest implication of criminal negligence or intention against him. Therefore, we did not see how it could possibly be proper to award costs against him.
It is now proposed that costs can be awarded against him only if he is oppressive, vexatious or frivolous. It is, I suppose, possible that a farmer who is defending his livelihood might be called frivolous. But I think it is extremely improbable that any tribunal would so call him for defending himself, because it is an important matter for him and everything which he has may be at stake. Therefore, he must do all he can to protect his interests.
The right hon. Gentleman also referred to the second Amendment, and mentioned one way in which a farmer might cause undue expense to the State. He said he could hold things up by intimating that he was going to go to a tribunal to defend himself, and then at the last moment not do so. It is conceivable that in a case such as that he might be frivolous: but it is extremely unlikely that a tribunal could or would find him so. It seems to us that the right hon. Gentleman has met the main point of our argument and that it will no longer be possible for a farmer to be taken before a tribunal and have his whole livelihood put in jeopardy, and, at the end, be mulcted in costs by an all-powerful State machinery. We are grateful to the right hon. Gentleman for taking this step, and we support him in it.
Amendment agreed to.
Further Amendment made: In page 3, line 32, at end, insert:
";and an order may be made under this subsection whether or not the reference proceeds to a hearing."— [Sir T. Dugdale.]
Clause 8.—(COLLECTION OF KITCHEN WASTE, ETC., FOR ANIMAL FEEDING STUFFS IN ENGLAND AND WALES.)
I beg to move, in page 6, line 15, to leave out "sorts over or disturbs," and to insert:
"removes the whole or part of."
I suggest, Mr. Deputy-Speaker, that it would be to the convenience of the House if with this Amendment we also discussed the two following Amendments, in page 6, line 19, leave out "ten," and insert "two," and in line 21, leave out "twenty," and insert "five."
If the House agrees, I have no objection to all three Amendments being discussed.
They are all concerned with the same point, the offence of removing swill from bins put out by local authorities for swill collection. Hon. Members who were present on the Committee stage will remember that we discussed this matter, but were not entirely able to reach agreement as to what should be the level of the fine in respect of this offence. My recollection is that the right hon. Member for Belper (Mr. G. Brown) was particularly concerned with the offence as originally defined, the offence of sorting over or disturbing the contents of the swill bins, because he thought that youngsters who were playing about with swill bins might be exposed to prosecution on this account.
We have sought to meet that point by redefining the offence as removing the whole or part of the contents of the bin. Although to redefine it in this fashion makes the securing of a prosecution more difficult for the local authority concerned, we felt that it was reasonable so to do, because we are anxious to catch the real offenders in this matter who, either individually or collectively, organise unofficial collections from swill bins for commercial purposes, thereby robbing the local authorities of such swill.
We feel that the offence, as now defined, will still enable local authorities to catch such people, although with a little more difficulty, and will make it less likely that a youngster playing about with a swill bin will expose himself to a prosecution.
We have given careful attention to the point raised by the Opposition that we should reduce the amount of these fines, but we feel that to do so in the case of the offender to which I have referred would not be appropriate. There are individuals and gangs who rob these swill bins for commercial reasons, and in their case it would be really quite insufficient to have fines of the order suggested by the Opposition.
We feel that the fines imposed must be sufficient to be a deterrent to people who are organising such collections for commercial purposes, and for this reason I hope that the House will agree that the fines should be kept at the levels originally put into the Bill, that is, £10 for the first offence and £20 for subsequent offences. I trust that this Amendment goes sufficiently far to meet the point with which hon. Members opposite were particularly concerned.
4.45 p.m.
I gather that we are discussing with this Amendment the next two Amendments in the names of my hon. Friends and myself and that therefore we are proceeding at this stage with a general debate. The Joint Parliamentary Secretary has, in fact, sought to answer the case which we on this side made in Committee upstairs in connection with the Amendment in page 6, line 19, leave out "ten," and insert "two."
With regard to the Government Amendment by taking note of what we on this side said in Committee, the Government have managed to put their Bill into better shape, because the words
I am not moved in the slightest by the argument that it will be a little less easy for local authorities to obtain a conviction, because they will now have to prove the offence for which they want it. It seems to me, in the interest of the individual citizen, that that is a wholly desirable state of affairs. I do not think it should be easy for a local authority to get a conviction unless it can prove that an offence has been committed. Therefore, I do not worry about that.
However, on the question of the penalties, I am still puzzled to understand the Government's mind on the matter. We had a long discussion on this point upstairs, and, as was then pointed out, it would appear that a Conservative Government regards it as a much more heinous offence to engage in private enterprise by taking the swill and selling it than they do the putting into a swill bin of a substance which is offensive or injurious to the animals.
I do not think that the Parliamentary Secretary has yet grasped the point to which we are asking him to pay attention. As the Bill stands, if a person wilfully deposits in a receptacle provided for the collection of swill something which he knows or has reasonable cause to think is unsuitable for use as animal feeding-stuff, he is guilty of an offence for which he will be liable to a fine not exceeding £5. In other words, he cannot be fined more than £5 for deliberately putting into a swill bin something which he knows or has reasonable cause to believe will injure the animal.
To my mind, that would be a very wicked offence. But if a man engages in a little private enterprise, does not put anything into the bin that is going to harm the animals, but merely takes something out of it and sells it for himself, then, in the view of the Government, he shall be liable to a fine of £10, twice the amount of the fine for putting in something which he knows to be injurious to the animals. That may well fit in with the general views which we on this side hold about private enterprise interfering with State undertakings, but, on that basis, the present Minister of Transport would have been paying many fines of £10 over a long period.
I think that even agricultural Ministers in the present Government would, on the whole, regard it as a worse offence deliberately to put into a bin something that one knew to be harmful to an animal than to take something out of the bin and to sell it for oneself on the side. Therefore, in putting down our Amendment we were, in fact, asking the Minister to face the fact that the Government must surely have adopted the penalties in the wrong order. If £2 is too small then, maybe, the £5 ought to be increased in order to allow a higher penalty, but still less for the second offence. We think that the Government are simply not making the penalty fit the offence. The more serious penalty is deliberately putting into the bin things which will harm the animals. The other, even though I personally do not like it, is a little private enterprising—what upstairs the Parliamentary Secretary called the "spivs." I protested against his labelling them private-enterprise spivs—I thought that he might get into trouble as a Conservative.
I still think that the one offence should carry twice the penalty of the other. I think that the Minister should look at the penalties again; I am sure that he has them the wrong way round. I think the wording of the Amendment in page 6, line 15, improves the Bill. I congratulate him again upon following our lead, but I am sure that he would make it a better Bill if he would look again at the penalties in the Clause.
Amendment agreed to.
I do not suppose that hon. Members want to divide on the Amendment in page 6, line 19, to leave out "ten," and to insert "two"?
We do not want to divide on it, but I wish to say a word on it; so I shall have to move it for that purpose.
The House agreed that the three Amendments should be discussed together.
I was not under that impression, but if you rule that way, Mr. Deputy-Speaker—
I would not rule that way, but I was under that impression. When the Parliamentary Secretary asked to take that Amendment together with the Amendment in page6,line21—to leave out "twenty" and to insert "five"—when moving the Amendment in page 6, line 15, I said that that was all right if the House so agreed—but carry on.
I beg to move, in page 6, line 19:
"to leave out 'ten' and to insert 'two.'"
I do so because I want the Parliamentary Secretary's reply to the points made by my right hon. Friend the Member for Belper (Mr. G. Brown) about the penalties to be imposed. This is an extraordinary situation. After the Committee, an hon. Member on the Parliamentary Secretary's side said to me, "In this Clause of ours we have the extraordinary position where, if a man puts razor blades into the receptacles he might be fined £5. If another but well-intentioned person comes along afterwards and takes them out, this Clause says that he must pay a fine of £10. If this well-intentioned chap takes the razor blades from the bin a second time it would cost him £20. "These points are of some substance. We think that the Parliamentary Secretary should reply to them and perhaps look at this again between now and the stage in another place.
I beg to second the Amendment.
It is my pleasure to reply to the points raised by the hon. Member for Derbyshire, South-East (Mr. Champion) and by his right hon. Gentleman the Member for Belper (Mr. G. Brown), although I fear that I cannot add much to what has already been said both here and in Committee. We are here primarily concerned with the size of the deterrent for the particular offences. The right hon. Gentleman and hon. Members of the Opposition have had their fun and I have taken the joke—particularly the last one, which is good, although I somewhat doubt if there would be a prosecution in such circumstances.
We have to consider what deterrents are necessary. I entirely agree with the hon. Member for Derbyshire, South-East and the right hon. Gentleman the Member for Belper that placing noxious material in a swill bin is very wrong, but really the mentality of a person deliberately doing that is one bordering on lunacy. It is very difficult to judge the right level of financial punishment which will deter a mind so obviously out of balance as to do something so foolish, malicious and noxious. Whether we put the fine at £5 or £25, one could not be certain that the deterrent was sufficient to affect a mind obviously not working in a rational way.
We think that the level of the fine is sufficient. With regard to the persons who organise themselves into a deliberate unofficial collection made for financial gain—and that is the point—the fine must be sufficient to make the game not worth the candle. One has to make sure that the fine is such a factor that, when considering the gains from their improper practice, such persons will be dissuaded from engaging in it. That, really is the issue before the House. I stress that the level of fines we advocate is reasonable; that, despite the extreme cases quoted by the Opposition, this is a proper balance. I ask the House to give its approval, and perhaps the Opposition will withdraw the Amendment.
I do not think that we can withdraw. We think that the Amendment had better be negatived. If the Government, and the right hon. and learned Member for Kensington, South (Sir P. Spens), are really prepared to commit themselves to the view that it is a worse offence to remove something from a pigswill bin than to put in something known to be injurious, I think that it had better be on record that they are so convinced. It seems to me to be so outrageous, and so ridiculous on the face of it, to allege that a little private enterprising is a heinous offence and to poison the contents of a bin a moderate one, that I am not prepared to acquiesce. I cannot imagine why the Government have dug in their toes on this. Unless they are prepared to think again we should have their view on record.
As I have been called upon, I would say that the basis on which the Opposition have argued is entirely wrong. The point is that the offence of deliberately putting in something to damage animals is likely to be very unusual, and very few instances of that will occur. The offence of taking something out of the swill bin to make use of it or sell it is much more likely to be very common all over the country. I would therefore rather see the penalty for the second offence considerably greater than that for the first.
Does the right hon. and learned Gentleman subscribe then to the view that because murder is likely to be a less frequent offence than minor stealing, the death penalty should attach to the minor stealing and imprisonment to the murder?
Amendment negatived.
Clause 11.—(AMENDMENT OF SEEDS ACT, 1920.)
I beg to move, in page 9, line 10, at the end to insert:
(2) In subsection (1) of section one of the Seeds Act, 1920, for the words "on or before the sale, or if the goods are not delivered at the time of sale, on or before delivery thereof," there shall be substituted the words "not later than seven days after the sale, or if the goods are not delivered at the time of sale, not Later than seven days after the delivery thereof."
This Amendment gives effect to an undertaking which I made in Committee to my hon. Friend the Member for Leominster (Mr. Baldwin), when he moved an Amendment that there should be this seven days' latitude in the giving of these particulars. At the time we asked for an opportunity to reconsider the actual wording, in order that we could put it into the most effective form. I believe that the Amendment provides the most satisfactory form of words.
5.0 p.m.
This Amendment has been put down in accordance with a promise given by the Government to an hon. Member opposite, but the Parliamentary Secretary will remember that he also made a promise in connection with a meeting which was to be held covering one aspect of this Amendment and the general question of seeds. We were expecting to receive some indication of what has happened about that undertaking, upon the giving of which various Amendments were withdrawn.
My right hon. Friend was going to mention that question in the debate on Third Reading, but with your permission, Sir Charles, I shall be pleased to do so now. I recollect that the hon. Member for Flint, East (Mrs. White) most eloquently brought out the difficulties presented by the use of the non-warranty Clause by seed merchants, and the desirability of reconsidering the operation of the Seeds Act, 1920. I then gave an undertaking that I would call together a conference of seed growers, users, and merchants, in order to see what measure of agreement might be hoped for in a general revision of the Seeds Act.
At the time I did say that it would not be possible to reach any agreement before the Report stage, but that I would see what the prospects were. I have held such a conference, at which there was a very frank exchange of views by the different interests, which did not altogether surprise me because I had heard some of them before. After the big guns on both sides had gone off, to the credit of all concerned a very fair measure of agreement seemed to be reached, that we should have a joint examination of the question. It was a case of the lion lying down with the lamb.
Which was which?
I am not saying which was the lion and which the lamb. At all events, the two sides agreed to lie down together and form a joint committee of the interests concerned, in order to examine the working of the Seeds Act and the Report of the Home Committee. It was also agreed that this joint committee should pay particular attention to the operation of the non-warranty conditions.
We are now engaged in choosing the members of this committee and I hope that it will shortly meet, because it has a big task ahead of it. It will ensure that we have a very full consideration of all these conflicting and complicated provisions, and if there is any prospect of getting agreement between some very conflicting views, I do not doubt that we shall get it in this way.
We are glad to know that once again the Minister has called a conference, which some of us thought might have been called before this Bill was laid before the House. At least, it is better late than never. Now that the conference has been called and a committee is to be formed, I hope that it will proceed with its work with application and some sense of urgency. A very long time has passed since the Seeds Act came into force and the Home Committee Report has been in the hands of those concerned.
I do not want to repeat the points which were raised in Committee, but many very important and somewhat complex matters were mentioned in this connection, and I can only hope that some reference to a new Seeds Bill will be included in the next Gracious Speech.
Amendment agreed to.
Clause 12.—(FIXING OF MINIMUM RATES OF WAGES FOR CERTAIN CLASSES OF PERSONS TEMPORARILY EMPLOYED IN AGRICULTURE IN SCOTLAND.)
I beg to move, in page 9, line 41, at the end, to insert:
We have endeavoured to meet the Opposition's view by putting down this Amendment, which has the effect of ensuring that any registered unemployed person who may by chance find his way into this scheme, and is found to be taking part in it, will be paid at the full rates laid down by the Agricultural Wages Board. We shall, of course, endeavour to put unemployed persons into our other scheme. The difference between our Amendment and that of the Opposition is purely one of drafting, and I hope that hon. Members opposite will accept it.
Scottish Members of this Committee are very grateful to my right hon. Friend the Member for Belper (Mr. G. Brown), whose forceful arguments have convinced the Government that it is necessary to introduce the Amendment.
Amendment agreed to.
I beg to move, in page 10, line 5, to leave out from "may," to "according," in line 8, and to insert:
"vary any minimum rate of wages fixed therein."
This Amendment is designed to meet a point raised by the hon. Member for the Western Isles (Mr. M. MacMillan), who was worried aboout local variation of wages under this scheme. As I explained in Committee, this provision was taken from Defence Regulations and was made for the sole purpose of attracting workers to certain remote areas of Scotland, if at any time we found that we were not able to get them there. On looking into this matter, we have found that these provisions have never been used, and because of that we feel that we can accept the deletion of local variation, and, at the same time, take an opportunity of improving the drafting of the subsection.
Once again I wish to express gratitude both to my hon. Friend the Member for the Western Isles (Mr. M. MacMillan) and my right hon. Friend the Member for Belper (Mr. G. Brown), who have assisted us in convincing the Government of the necessity for the Amendment.
Amendment agreed to.
I beg to move, in page 10, line 24, at the end, to insert:
"which shall be subject to annulment by resolution of either House of Parliament; and the said power shall include a power, exercisable in the like manner and subject to the like conditions, to vary or revoke any such order."
The right hon. Member for Belper (Mr. G. Brown) will remember that, in Committee, I gave an assurance that the Government were prepared to go some way to meet the ideas of the Opposition, who wanted these orders to be dealt with by affirmative Resolution procedure. As the subsection stands at present, it does not make it obligatory to present to Parliament the wage fixing order made under Clause 12. The reason for that is that under Defence Regulations from 1939 to 1953 considerably greater powers were taken by previous Administrations than are taken in this Clause, and yet at no time in all those years was there a Prayer against an Order. As this provision is to pass out of existence, we hope, fairly soon, it was not thought necessary to include even the negative Resolution procedure. However, to meet the desire of the Opposition, who wanted the affirmative Resolution procedure we are prepared to restore the original position under Defence Regulations, that is, to restore the negative Resolution procedure. I hope that the right hon. and hon. Gentlemen opposite will be prepared to accept the Amendment.
I support this Amendment. It is quite true, as the hon. Gentleman has said, that no Prayers have hitherto been necessary, but we have to remember that there is a different Government now, and our motto is, "Watch and pray," and although it may not be necessary to pray, we certainly think it our duty to watch.
Amendment agreed to.
Motion made, and Question proposed, "That the Bill be now read the Third time."— [Sir T. Dugdale.]
5.12 p.m.
I described the Bill on Second Reading as a "rag-bag" of a Bill. It is no more than that now. It contains a lot of little provisions, some of them good, some of them of no particular value. It still will do nothing to solve any of the major issues in which agriculturists are interested, and so, from my point of view and the point of view of the Opposition, it remains a rag-bag of a Bill. All we have been able to do during the Bill's progress is to clean up some of the rags and to take out some of the more noxious ones, even at the risk of being fined £20 for doing so, and the Bill is in a rather happier state now to that extent than it was when it started.
As the Government have accepted so many of our suggestions for cleaning it up, it would, perhaps, have been better if we had drafted it in the first place and the Minister had supported it. We have done the best we can with the Minister's Bill for him, but it remains a miserably unimportant Bill to pass at this time, and it is an outstanding com- mentary on the outlook on agriculture of the agricultural Ministers in the Government, and, indeed, of the Government generally, that they can produce a Measure no better than this when there are so many big issues before the agricultural industry.
5.13 p.m.
I ask the House to remember that on Second Reading and in Committee I pleaded the cause of the dispossessed farmers. In Clause 6 my right hon. Friend has given way a little by enabling any question of law arising during proceedings before an Agricultural Land Tribunal to be referred to the High Court. However, these dispossessed farmers have no appeal to an open court of law on points of fact and merit. Two hundred and twenty have been dispossessed, turned out of their homes, with no appeal to a traditional English court of law.
What is bad husbandry? All the Minister was able to say in answer was that it is the opposite of good husbandry. Conditions vary all over the country according to soil, weather, the seasons, and it is very hard for anyone to decide what is bad husbandry. Since the Standing Committee sat to consider the Bill letters have been coming to me from people who have been dispossessed or threatened with dispossssion, complaining of unfair treatment, of unfair pressure being brought to bear upon them, of being turned out for reasons that are not stated.
Whether those complaints are true or not I maintain that in a free country the subjects of Her Majesty should have the right of appeal to an open court of law. The proceedings of the tribunals are in private. I want the farmers to have the right to appeal in an open court of law where the public and the Press can be present, where evidence can be cross-examined, and where the farmers can have their cases heard before a judge and jury in the traditional manner. It is incredible to me that a Conservative Minister can be a party to such un-English methods.
On Third Reading we can discuss only what is in the Bill, and not what we should like to have in the Bill.
I will say no more. If I were to say all I should like to say, I should probably be ruled out of order, and so I shall resume my seat.
5.16 p.m.
I have no desire to follow my hon. Friend the Member for Orpington (Sir W. Smithers). If I attempted to do so I think you would rule me out of order, Sir. As I listened to him I was looking through the Clauses to see on which one he would be able to base his case. I was disappointed with the reception—at this stage, perhaps, I should say the final blessing—of the Bill by the right hon. Gentleman the Member for Belper (Mr. G. Brown), because although it is a small Measure, as, admittedly, it is, it will certainly do more than the right hon. Gentleman gave it credit for being able to do. He described it as a "rag-bag" Bill, but we have had Measures of this kind before, called Miscellaneous Provisions Bills. I remember that during the six years when it was my lot to sit on the other side of the Chamber there was a Measure designed to met small needs in agriculture, bearing the very same name as this, and sponsored by the late Socialist Government. From time to time any Administration have to introduce a small Measure designed to meet the special needs of some industry, and that is what Her Majesty's present advisers are doing in this case.
Had the right hon. Gentleman considered Clauses 1 and 2 he would have seen that they, at all events, seek to provide for that in which agriculturists are very much interested. Clause 1 continues the grants for drainage and water supply, and Clause 2 continues the contributions for liming. In the national interests the first is very important indeed, and so is the other, which touches the pockets of the individual farmers, perhaps, more than Clause 1. These are very necessary and salutary provisions at the present time, and I hope that the right hon. Gentleman the Member for Belper will agree with me.
There has been some attempt to make political capital out of the problems of this industry. It is true that there has been some apprehension among agriculturists about the future of agriculture. That is because they felt the effect of the political propaganda so sedulously put about by hon. and right hon. Members opposite. I am making no complaint about it, but I should like it to be on the record. Now the farmers feel greatly reassured, since they have seen the price review recently made public, and have known about these two Clauses which provide for the continuance of the grants for drainage and water supplies and liming.
I have considerable sympathy with the farmers, who have been hampered in the last two or three years by the restriction of credit by the banks. I think the right hon. Gentleman the Member for Belper might have been a little kinder about the Measure, and he should have realised that it will do a good deal more for the agriculturalists than he made out.
5.20 p.m.
I am sure that if the hon. Member for Galloway (Mr. Mackie) had followed more closely the progress of the Bill in Committee he would not have been so lavish in his gratitude. We hear of famous personalities in the world having their days of silence, but the hon. Member has had days, weeks and almost years of silence and has broken it on this occasion to utter dangerous thoughts which are outside the realms of order and which constitute a vote of censure on these great institutions, the banks of Scotland.
I want to draw attention to the fact that Scotland has not had the justice in the Bill which it deserves. One Clause deals with diseases of animals, and in Committee we were told that it was essential to pass these provisions to deal with the problem of foot-and-mouth in England. How can we treat foot-and-mouth disease as something which can be divided by artificial barriers between England and Scotland? In Committee I pointed out that, while the Amendments would make arrangements for England in this respect, they did not apply to Scotland, so that foot-and-mouth disease could cross the border into Dumfriesshire, where we should have to await results.
This artificial discrimination in connection with diseases of animals has not been rectified in the Bill. There is a complete lack of co-ordination in the Government's agricultural programme when we find that one country has not these regulations for dealing with foot-and-mouth disease and other diseases of animals, which may occur in Dumfriesshire and then cross the border into England. Far from this being justice to Scotland, it seems to me that it shows once again that Scotland cannot expect any justice, in agricultural matters, from this Government.
Question put, and agreed to.
Bill accordingly read the Third time, and passed.
Judges' Remuneration [Money]
Resolution reported,
"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 the holder of any of the following offices, that is to say—
Resolution agreed to.
Judges' Remuneration Bill
Considered in Committee.
[Sir CHARLES MACANDREW in the Chair.]
Clause 1.—(INCREASE OF SALARY, ETC.)
5.24 p.m.
I beg to move, in page 1, line 7, to leave out "Lord Chancellor or."
Lower on the Amendment Paper, Sir Charles, you will no doubt have observed another Amendment in the same terms, which of course would arise only if this Amendment were carried, in that it would be consequential upon it.
In moving the Amendment, I would remind the Committee that on Second Reading I was in general support of the principle and most of the contents of the Bill, and I remain in general support of them. I move the Amendment because it seems to me that to include the Lord Chancellor in the proposals is not supported by any of the arguments or reasons which, for the most part, convinced the overwhelming majority of the House and persuaded them to support the Second Reading of the Bill. In order to make that point, perhaps the Committee will forgive me if I quote a sentence or two from my speech on Second Reading. As reported at column 1101, I said:
All that may be true, subject to any comment which may be legitimate in respect of it, but the important point, When all is said and done, is that at the end of the day the Lord Chancellor's salary is £10,000 a year, which happens to be exactly the same salary as is paid for the not less important office of Prime Minister. In respect of an official enjoying that salary, can it be said that a salary of £10,000 a year is so low that we cannot be sure that the Lord Chancellor is not unduly pressed by money problems or that it is not enough I am referring specifically to the argument used by the Prime Minister himself. Has there been any request within living memory, or, indeed, is there any historical record of any Lord Chancellor asking to return to the bar because his emoluments of £10,000 a year were not sufficient to enable him
The Lord Chancellor is not merely a judge. In recent times—and I believe of old—there have been a number of Lord Chancellors who performed very few judicial duties and were under no obligation to do so. They retire when a Government retires. They may retire earlier, but the Lord Chancellor is a member of the Government, and his tenure of office cannot be longer than the tenure of office of the Government of which he is a member.
Such a tenure can be very short. There have been cases on record where the tenure has been very short indeed, and in some cases it may be thought that the tenure of a Government, however short, was in any case too long. But however short a period for which a Lord Chancellor holds office as a member of the Government, he has more emoluments than the £10,000 a year which is the salary he enjoys while in office, because he gets a pension of £5,000 a year, and not only is that pension in no way contributory but there is not, as I understand it, any condition of length of service before which it is drawn. That must be taken to add very greatly to the value of the £10,000 a year which is the salary of the office.
It is quite true that most Lord Chancellors—not all, but most—on retirement have nevertheless chosen to give their assistance in the House of Lords in a judicial capacity, although they are under no obligation to do so. They do so of their own choice; and, indeed, some of the most influential Members of the House of Lords have been former Lord Chancellors who enjoyed no salary but who were in receipt of the £5,000 a year pension which they would have got whether they had rendered such service or not.
There is another and a most important respect which distinguishes this case from the other cases. The Lord Chancellor is far more than the holder of a judicial office—far more or far less, according to the way in which one cares to look at it. He is actually a politician. Whereas judges hold themselves outside all the political controversies of the day, this is not the function of the Lord Chancellor. It is true that he presides in the House of Lords, so far as anyone may be said to preside in that assembly, but besides that he is the Government's chief spokesman there. Therefore, when the Government, in this Bill, are proposing to raise the salary by £2,000 a year, they are not raising the salary of a judicial officer; they are raising the salary of a man who, amongst other things, is a Minister of the Crown.
I think I understand the motive that may have induced the Government to put this increase in the Bill. Some sort of instinct for tidiness or order or regularity has prompted the Government to say, "The Lord Chancellor's salary as a judge is £6,000 a year. Everybody else who holds judicial office is getting an increase in salary, and therefore it will look in some way odd if this judicial office does not attract an increase in salary." I do not think it would have looked at all odd. I think it looks a lot odder the way it is. There is no reason in the world why there should be any similarity or correspondence in the salaries or the increases in salaries.
The whole basis on which the House has consented to this Bill is the relief of hardship. No one, including the Government, would have thought of proposing an increase in the salaries of judges unless a case could have been made out, as it was overwhelmingly and eloquently made out in regard to the puisne judges, that the salary was no longer commensurate with the necessities and tasks of the office. When the occupant of the Lord Chancellor's office receives a salary of £10,000—double the salary of the puisne judges, £2,000 more than that of the Lord Chief Justice and £4000 more than that of the other Lords Justices in the House of Lords—I think that the argument based upon hardship is not applicable.
I feel greatly fortified in the argument that I am presenting to the Committee in that apparently the present Lord Chancellor, at any rate in his own case, takes exactly the same view. The Prime Minister informed us in his Second Reading speech that although he had expressed the view that there was no necessity to do so, nevertheless the Lord Chancellor had informed him and had authorised him to inform the House of Commons that he did not propose to take the money. That is a clear indication that in his opinion, in his own personal case—I am sure he did not intend to speak for anyone but himself or for any subsequent holder of that office—he was saying that at this time there was no necessity for any such increase and that he did not propose to avail himself of it. If that is so, why not leave it at that?
If there comes a time when there is a dearth of Lord Chancellors, when there are no applications for the office, when a Government finds it difficult to obtain a Lord Chancellor because £10,000 a year and a £5,000 pension is not sufficient, then no doubt there will be a case for increasing the Lord Chancellor's salary—exactly the same case as has convinced us in the case of the puisne judges. But until that time comes, there would appear to be no case for it at all.
I ask the Government in all seriousness to consider whether they really want at this time to proceed with a proposal which obviously has no merits of any kind. I see the Attorney-General in his place, but I do not know what advice he intends to offer us in this matter. There was an old tradition—I do not know now whether it is so universally honoured as it used to be—or a kind of convention that the Attorney-General of the day had a right by custom or convention to be the successor to the Lord Chancellor when the position fell vacant; but even if it is not the custom now, there is no doubt that many Lord Chancellors have been Attorneys-General in their day. That, I think, will be beyond dispute.
I do not know whether this needs a declaration of interest on the part of the right hon. and learned Gentleman or not. I am sure that his argument would be an impersonal one in any case. But he must have known in his day a great many Lord Chancellors, and I doubt whether he could think of anyone in his own political or professional lifetime of whom it could be said that there was an arguable case for an increase of his salary by £2,000 a year. If there has not been up to this point such a case, then in the circumstances in which the country finds its self today there is no case now.
Four years ago we had a Bill to increase the number of judges. On my own initiative, not knowing what was in the mind of the then Government or the Government that would succeed it, I urged very strongly that there should be an increase in the remuneration of the judges in the widest possible sense, because I felt that the judges ought to be in a position of greater independence financially than anyone else in the country.
Although it is true that the Lord Chancellor in this country occupies the most unusual combination of positions, quite accurately described by the hon. Member for Nelson and Colne (Mr. S. Silverman), no one has ever implied that any Lord Chancellor in his judicial capacity has ever regarded himself as a politician. I think that is a remarkable example of independence of mind which the inhabitants of this country can develop when they get a position of very high responsibility.
It may well be—I do not know—that the present Lord Chancellor—I did not hear the Prime Minister speak the other day—made a declaration, but I do not think that has any particular bearing on the subject. I am not a member of the Bar and, therefore, I am not an applicant, as the hon. Member for Nelson and Colne may be, for the job of Lord Chancellor. I have no qualifications for it except an impartial mind. I may express myself strongly in controversy, but I am as impartial as most hon. Members. I am not an applicant for the job. The fact that the present Lord Chancellor feels that he is possession, I understand, of private means, and therefore he can manage all right, is not a consideration to which we should apply our minds.
I am not aware—I cannot be aware and certainly the Prime Minister did not say so—that the Lord Chancellor's declaration was related to any private means.
No, but I rather gathered that. I do not know the present Lord Chancellor very well. There was a time when I knew his late brother very well, and, shall we say, there seemed to be plenty of money about. In addition to that, the present Lord Chancellor had a long and distinguished career at the Bar and I assume that he has very substantial resources. I do not think, however, that we ought to allow his case to prejudice our minds. It is going to be exceedingly difficult in the future for a barrister, however eminent he may be, to build up a large fortune such as that associated with a Lord Chancellor in the past.
He does not have to; he has a pension.
I am talking about the cost of the job when he has it. It will be much more difficult, if the present level of taxation continues, for anyone to build up the kind of private fortune which many skilful barristers have done in the past. When we are arguing about the condition of the present Lord Chancellor and thinking of the future, as we must do, we have to assume that all of the holders of this high office in the future will not be in possession of that amount of private means which will enable them to carry out their duties without difficulty, and, in my submission, they will find it exceedingly difficult. There is hardly anyone today with a sufficiently good income to enable them to save very much, and that is a fact known to every hon. Member.
A pension of £5,000 a year requires a tremendous amount of saving.
5.45 p.m.
I agree. As the hon. Member for Nelson and Colne pointed out, in moving his Amendment, the Lord Chancellors, although they are under no legal obligation to do so, have most of them worked very hard for their £5,000 a year. Whatever their legal obligation, they have discharged that job with great ability and at a rate of pay lower than their colleagues. The first thing which a Lord Chancellor does on appointment is to put into operation the sealing of his pension, which he does not touch until he leaves office. I think that is a statutory duty imposed upon him.
Now we are all to have a pension under the Welfare State but nobody who gets it in the next 30 years will have contributed adequately towards it. If we go back to when this sum was first fixed—100 years ago or, at any rate, a very long time ago—
What does it matter? It may be 10,000 years ago.
The first Lord Chancellor I met after he ceased to be Lord Chancellor was Lord Halsbury. He had been out of office for some years and was coming towards the end of his life. In his day, £10,000 a year was subject to a rate of Income Tax at 9d. in the £ and no Surtax. The value of money has changed enormously since that period. I should say, at a rough guess, that the spending power of the present Lord Chancellor's salary is about one-quarter of that of Lord Halsbury to 1906 or of Lord Loreburn to 1911 or 1912 and of Lord Haldane.
I think that it is important to remember that these people occupy positions of great responsibility. The Lord Chancellor has greater responsibility than most of his colleagues because, as the hon. Member for Nelson and Colne pointed out, of the curious way in which we do things in this country; he is also a party politician, in exactly the same way as in the United States the head of the State has also a position equivalent to that of Prime Minister.
Is the hon. Gentleman suggesting that the Lord Chancellor is more important than the Prime Minister?
I did not say that. The Prime Minister, when on the full rate of pay, gets £10,000 a year, of which £4,000 is free of tax. The Prime Minister is not unique in having a partly tax-free salary. In the Commonwealth and foreign countries our ambassadors are treated in the same way. The description in French is frais de représentation. If one is fortunate enough to be sent to Moscow, that tots up to £47,000 per year, but that is an artificial amount because the rouble is worth not 2s. but about 2d. However, in Paris it represents a good sum. Thus, there are a number of people who are properly getting the expenses for the job, so that the Prime Minister is not unique in that respect.
I firmly hold the view that one of the strengths of the free institutions of Britain is a completely independent judiciary right along the line. We have done something about the county court judges and the stipendiary magistrates, and what is now proposed is a perfectly logical development of what has already been done. A Lord Chancellor at £12,000 a year is cheap at the price if he is up to his job.
Hon. Gentlemen opposite must not be too fussy about rates of remuneration. They nationalised a number of industries and gave the heads large salaries. I do not know how those heads manage about their expenses allowances, but I suppose they have to prove them. On one or two occasions I have enjoyed the hospitality of their expenses accounts.
The idea of hostility to big salaries is out of date. We must not be jealous of people just because they are better paid than we are. I have never been jealous of anyone for being richer than I am. I have always rather admired them. There is no sense of egalitarian theory, which is such nonsense, about me.
I am sure that, on consideration, the hon. Gentleman will agree that it is a little unfair to use this anti-egalitarian argument when it has already been conceded that the judges of the High Court shall have their salaries increased from £5,000 to £8,000 per year and that the Lord Chancellor shall retain his present salary of £10,000 per year. The argument against increasing it by a further £2,000 obviously had nothing whatever to do with any egalitarian principles.
Certainly. My observation is that if in a factory one puts up the rate of pay of unskilled men, the skilled men promptly want a little more. The craft unions are very firm about the preservation of differentials. This applies to trade unions, and it might apply to what is known as "the lawyers' union."
I shall have great pleasure in voting against the Amendment. There is no need for me to declare any interest, for I am never likely to hold the office. I am disbarred by my lack of legal qualifications. I shall vote against the Amendment because the present situation has become completely absurd.
Many of us who have supported the Bill on principle feel a little doubt about this provision. I am not sure that my doubts have been completely cleared up by the hon. Member for Croydon, East (Sir H. Williams). I do not think that his argument that it is necessary to pay the Lord Chancellor another £2,000 to keep his head above water is valid, nor is it the argument put forward by the Government. By the time the Lord Chancellor paid tax on the extra amount, he would have received very little.
The debate has been made easier by the fact that the present Lord Chancellor has very generously said that he will not take the increase. There is, therefore, no question of personal prejudice one way or the other entering into the matter. I have no doubt that the Attorney-General has been much encouraged by the constitutional doctrine put forward by the hon. Member for Nelson and Colne (Mr. S. Silverman) but even if it is accepted, he is not likely to benefit from it for some time.
As I understand it, the principal, if not the whole, argument for the increase is that, unless it is made, the Lord Chancellor, who is the head of the judiciary, will be paid less as a judge than the judges of the Queen's Bench and will be paid less than some of the judges with whom he sits. As to that argument, first of all, apart from his salary, he has considerable other emoluments. He has a free flat, and there is also his pension. Secondly, there are cases in which there are judges who, because they have other sources of income, sit in appeal on matters which come from courts where the judges are paid more than they are. The Sheriff Principal in Scotland, because he is entitled to practise, is paid less than the Sheriff Substitute, but appeals lies to the Sheriff Principal from his Substitutes. I am not convinced by the argument that because the Lord Chancellor sits in appeal on judgments which have come from other judges, he must necessarily be paid more as a judge. He will, of course, have a total salary which is considerably in excess of the salaries of the others, even if the increase were refused. I am not sure whether we can very well distinguish between the £4,000 per year which the Lord Chancellor gets as Speaker of the House of Lords and his £6,000 as head of the Judiciary. Regrettable as it may be, in all these matters we have to take considerable account of public opinion, and this is of great importance in relation to judicial offices. There have been proposals that we should increase our own salaries, and the public is watching this with some interest. I imagine that the public, who will not understand the rather nice reason for our doing it, may be rather puzzled if we increase the salary of the Lord Chancellor to £12,000 a year. I hope that the Attorney-General will consider what has been said, and if the sole reason is to keep the Lord Chancellor above the level of the puisne judges and the Lord of Appeal-in-Ordinary, that he will reinforce the argument rather more strongly than was done by the Prime Minister in introducing the Bill.
I do not suffer from any passion for egalitarianism as was suspected by the hon. Member for Croydon, East in those who have doubts about the matter. Once the tax is taken off, it will not matter much whether we increase the Lord Chancellor's salary by £1,000, £2,000 or £3,000, but if the sole reason is to put him above the other judges, the Committee should examine the matter very carefully and bear in mind that there will be considerable public doubt whether we are justified in increasing above £10,000 the salary of a man who has free accommodation and a very adequate pension.
6.0 p.m.
I hope that the Committee will not consider the gross figures of remuneration without looking at the tricks that taxation plays upon them. I was a little puzzled, to begin with, that the Lord Chancellor was included in the proposals for the salary increase, but that was probably done to satisfy the sacred cow of the Treasury, which is relativity or differentials, which presumably are just as important in this field of remuneration as they are lower down.
The nominal difference between the total remuneration of the Lord Chancellor and that of the Lords of Appeal is at present £4,000 a year, while the actual difference is only £800. Clause 1 proposes to reduce the nominal gap by £1,000, from £4,000 to £3,000, which will reduce the actual pay difference to about £500. The Amendment of my hon. Friend the Member for Nelson and Colne (Mr. S. Silverman) proposes to reduce the gap to £1,000, which would make the actual difference only £175 net. I therefore suggest that what we are talking about is chicken-feed. There is just nothing in it, either to the recipients or to the Exchequer. My figures are based on the assumption that the officers concerned are married and have no children qualifying for child allowance.
These proposals reveal the difficulty of rewarding the public servants at this level by cash payments. If we look at the effect of gross-remuneration increases in steps of £1,000 a year, we see that they are a diminishing quantity as we go up the scale, and there comes a point where it is just not worth while doing it at all. The officer concerned will get so little out of it that he would prefer to be left out of the argument about a gross increase which would be so misleading to those who did not consider the effect of taxation. In these levels we are really talking of net increases of only £150 or £175 a year for each £1,000 increase in gross pay. That gives the argument for or against the Amendment. We can say that it makes so little difference, so why give the increase, or that it makes so little difference so why not give the increase?
It makes all the difference in the world to an argument based on hardship or necessity.
One could discuss relativity in hardship and consider the finer points of what is real hardship and what is relative hardship. Hon. Members would consider as hardship conditions which would not strike some people in quite the same way. We are all in this difficulty when we are discussing scales of pay.
A man with 20 children should surely get more than a man with two.
Would there be equal pay for a woman Lord Chancellor?
I do not think the equal-pay argument comes into it at all. As I understand the position, women Lord Chancellors would get equal pay, so that we can leave that one out. As for the other interruption about children, we may assume that when people rise to the eminence of the Lord Chancellorship they no longer have any children.
There is something to be said for the increases from the point of view of tidiness to round off the figures. There is such a little difference in it either to the Exchequer or to the recipient, and to give the increases will produce a more homogeneous structure than if it were left alone.
In discussing salaries of this magnitude in connection with judges and the Law Officers of the Crown, we are forced into our present position by the gross overpayment of those who practise the law. All lawyers are grossly overpaid. Relatively speaking, solicitors are also overpaid. It really is disgraceful that the practice of the law attracts such extravagant rewards. What are most lawyers doing?
Everybody.
The hon. Baronet says "Everybody." Those whom they are doing most are wealthy litigants who pay lawyers extravagant fees to settle their disputes with other people. When we compare the sort of remuneration that lawyers get with the remuneration of public servants—
Such as Income Tax collectors.
I would not wish to introduce the pay of Income Tax collectors, because they are so far down the scale that they do not come into this discussion.
And if the hon. Gentleman attempted to discuss them, he would be quite out of order.
I am very glad to hear you say so, Sir Charles. I am making a serious point, which is that these salaries are forced up the by the rewards which those in legal practice get, and they demand a relatively high salary scale in order to accept service in the judiciary. That is a bad thing. It leads us to discussions of this kind on gross remuneration which are quite misleading to people outside, and even to the people who are directly affected.
I shall not support my hon. Friend's Amendment, not because I have any violent feelings about it but because I am not sufficiently inspired to support it for any of the reasons which he gave. We might just as well round off the whole structure and let it hang together. What is objectionable is that we have to discuss salaries in this range at all based on the rewards of outside practice, which have nothing to do with the contribution that these highly-placed gentlemen make to the national income or to the welfare of society.
I will not follow the hon. Member for Sowerby (Mr. Houghton) in his discussion of whether or not the legal profession is over-remunerated. I take it, Sir Charles, that you would consider it to be out of order, in any event.
First let me declare a little interest in the same way as the Leader of the Opposition did, because I was once many years ago called to the Bar. The remuneration that I received in the few years I was there was small, and I have no expectations of acceding to the high office which is under discussion, so I feel entitled to say a word or two about it.
My first point, which has been very well made already, is that this case illustrates the absurd level to which taxation on the higher incomes has risen, and the fact that this is now drawn attention to is very good. One argument which I would put forward to oppose the hon. Member for Nelson and Colne (Mr. S. Silverman), whose speech I did not unfortunately hear but whose arguments I have ascertained from my neighbours, is that it is right that the head of the judiciary should be paid a higher level of nominal salary than any other member of the Branch. I have noticed with some distress, for example, from the current Estimates which have recently been presented to us, that five civil servants in the Treasury are receiving a higher remuneration that that of the Chancellor of the Exchequer. I consider that is very bad. I will not go into that point now, but I hope that we shall remedy that position.
It would be a mistake to introduce the same principle into the judiciary, and therefore I oppose the Amendment of the hon. Member for Nelson and Colne. Hon. Members ought to recognise that the actual reward of the present Lord Chancellor, in terms of effective spending power, is one-sixth or one-seventh of what it was when it was fixed. It may be said that things have changed a great deal since then, but we ought to bear that fact in mind, and the Committee would be well advised not to accept the Amendment.
The right hon. Gentleman the Member for Blackburn, West (Mr. Assheton) seems to think that it is only the higher incomes that suffer from taxation, but the lower ones suffer also, and we must think of some more plausible arguments than have been advanced hitherto to convince the lower-paid groups that this increase is necessary. The hon. Gentleman the Member for Sowerby (Mr. Houghton) said that this is chicken-feed, and I am not so sure that either the Lord Chancellor or the judges will be complimented when they hear that we are providing them with chicken-feed; in fact, it is enough to make them say that they will refuse this increase in salary.
I have thought very much since the Prime Minister made his eloquent speech in introducing this Bill, but I remain unconvinced, because I have tried to reason out how we are to assess these big salaries. Should they be fixed on the Marxian theory of surplus value or on the law of supply and demand? Although the law of relativity has now been brought into it as well, I am still not convinced in my mind that we should support this Clause, and I welcome the partial conversion of my hon. Friend the Member for Nelson and Colne (Mr. S. Silverman).
Supposing we apply the Marxian theory of surplus value, the theory that we must assess salaries according to socially necessary labour time. I will leave out the complications of the algebraic calculation of Karl Marx, because that would be rather too complex for the Committee; but my hon. Friends on this side are familiar with it. However, I cannot conceive that the Marxian theory of value, applied to the Lord Chancellor, would really convince us that this increase is necessary.
I have occasionally observed the duties of the Lord Chancellor in another place. As the hon. Member for Nelson and Colne has said, there are no Standing Orders, and it is simplicity itself. The chair can run itself and, if it were necessary, we could even supply, on demand, one of our very able Chairmen of Committees. The salary of the Lord Chancellor is presumably fixed according to the theory that he must preside as chairman of the House of Lords, and I do not see that the duty is so onerous as to justify an increase at the present time.
He presides over the Supreme Court.
That is another matter. He cannot be presiding over the Supreme Court and over the other place at the same time.
Now comes the question of the law of supply and demand. I am sorry that the hon. Member for Orpington (Sir W. Smithers) is not here, because I am sure I could convince him on this point. There is no lack of supply, and everybody knows that there has never been any necessity to advertise for a Lord Chancellor; indeed the slightest mention in the "London Gazette" or in the columns of "The Times" that the Government were finding difficulty in getting a Lord Chancellor would mean that thousands of legal gentlemen would run to their assistance.
Would the hon. Gentleman?
So I suggest that there is no justification for increasing this salary in accordance with the law of supply and demand. Now comes the law of relativity.
If the hon. Gentleman is going to suggest that, there is no case for giving any increase to Members of Parliament.
6.15 p.m.
I am quite prepared to discuss that when the matter arises.
Now comes the law of relativity, which was mentioned by my hon. Friend the Member for Sowerby. If we apply the law of relativity, is there any justification for giving the Lord Chancellor £4,000 a year more than the Archbishop of Canterbury? I cannot see how the law of relativity applies here. Then comes the question of our Chancellor, the Chan- cellor of the Exchequer. He has onerous duties which are a daily matter of infinite complexity to him. At the present time the right hon. Gentleman is burning the midnight oil, trying to find ways and means of balancing the Budget.
And of raising this money.
Yes, and the Chancellor has to be content at the present time with £4,000 a year. I do not understand how we can possibly agree to give the Lord Chancellor, who is the head of the legal profession, three times more than the Chancellor of the Exchequer. Because of those facts, which are convincing to me, I have to support this reasonable Amendment.
I am grateful to hon. Members for having developed the arguments so completely that it is not really necessary for me to do more than make a few brief remarks. This, I believe, the Committee will think is appropriate in view of the considerations mentioned by the hon. Member for Nelson and Colne (Mr. S. Silverman). As I understand it, the hon. Gentleman is entirely wrong. He is seldom entirely wrong about such matters, but he is entriely wrong in saying that there is any kind of reversion in these matters. That has long ago been departed from, and I can assure him that he need not have any apprehensions so far as I am concerned, because I am at the end of a substantial queue and there is little likelihood of my advancing.
Seriously, I must make one or two observations, because I know the House will realise that it is difficult for me to deal with some of the arguments, for those obvious reasons. The first thing that ought to be made plain is the actual position, because there has been some misunderstanding about it. I state these facts, without their necessarily having any bearing on the arguments put forward, because the House ought to be aware of them and they ought to be on record.
The Lord Chancellor in his judicial capacity receives £6,000 a year chargeable, in common with other judicial salaries, on the Consolidated Fund. In his capacity as Speaker of the House of Lords, he receives £4,000, and that is borne on the House of Lords Vote. In his purly Ministerial capacity he receives no salary. As regards the pension, there again, purely for the sake of the record, it ought to be made clear that the pension is not £5,000 a year but £3,750 a year and a lump sum of £7,500. In view of the longevity of many Lord Chancellors, in which we must rejoice, that makes a substantial difference.
May I interrupt the right hon. and learned Gentleman? Is the Lord Chancellor entitled to draw the £7,500 lump sum every time he retires, if he occupies the office on successive occasions?
I am afraid I have no record of any precedents on that.
It follows that it is here being proposed that the Lord Chancellor's existing judicial salary of £6,000 be raised by £2,000 whereas the ordinary judge's salary of £5,000 is being raised by £3,000. The £4,000 a year the Lord Chancellor receives as Speaker of the House of Lords, and it is unnecessary for me to remind the Committee that the Lord Chancellor is one of the great Officers of State. He has very heavy responsibilities and many important duties to perform. On many occasions he has to receive eminent visitors to this country from abroad. He is one of the Officers of State who have that important duty to perform.
But he receives an entertainment allowance?
This is a matter which public opinion in this country is quite broad enough, wise enough and big enough to regard as important.
The hon. Member for Sowerby (Mr. Houghton) reduced the matter to its proper proportions. Perhaps it was for that reason that only in his last sentence but one did the hon. Member for Nelson and Colne refer to this subject in all seriousness, because one wonders whether some of his remarks were serious or not. If one puts up the pay of the battalion, one does not leave out the sergeant-major. If the House of Commons approves of the general principle that judicial salaries should be increased, what possible justification can there be for leaving out the Lord Chancellor any more than the Lord Chief Justice or any other of the judges? I believe that the House of Commons would look on the matter in that way.
The hon. Member for Nelson and Colne said that the Lord Chancellor, after all, is under no obligation to sit in the other place after he has retired. Perhaps the hon. Member would realise that a man in the position of Lord Chancellor does not require a legal obligation to do what he thinks is right.
I am sure that the Attorney-General paid attention to what I said and therefore will remember that in that part of my speech I not only said what he is now saying, but went beyond that. I said that all Lord Chancellors had rendered very great service by doing this purely voluntary duty after their retirement. I do not think that that matter affects the argument one way or the other. The fact remains that there is a pension which is enjoyable whether these services are rendered or not.
I think that the Committee will agree that in recent years the country has enjoyed a good £5,000 a year's worth out of retired Lord Chancellors by their sitting in another place, where it is well known that in that position they have delivered some of the most important judgments of the century.
I said so in my speech.
That is good. We are in agreement at last.
The hon. Member for Orkney and Shetland (Mr. Grimond) had some criticism to make and, with reference to something more specifically said by his right hon. and learned Friend the Member for Montgomery (Mr. C. Davies) on the last occasion, it is right to say that it is quite wrong to suppose that the Lord Chancellor does not sit in another place on important cases. Since Christmas he has delivered a leading opinion in another place in two extremely important cases, one of which concerned a criminal trial and was a matter of the highest importance. Only yesterday he delivered an opinion which has startled a good many dovecotes in the Chancery Division.
He does not work on Sundays.
Therefore, it is quite wrong to suppose that he has not performed these duties in another place. I do not think that the Marxian theory or the Einstein theory comes into this matter. They are both a little remote from it.
In the end we come down to the point which, in view of some other remarks that he made about lawyers, was put with great delicacy by the hon. Member for Sowerby. He said that, accepting as we do the importance of the position of the Lord Chancellor and his necessarily super-eminence as the head of the judges, whom it is agreed that we must treat in a very special way, it would be really rather a strange thing if we left out the Lord Chancellor.
Reference has been made to the fact that the Lord Chancellor has said that he does not wish to profit by this provision. It is surprising that it did not occur to the hon. Member for Nelson and Colne that that was not because of his personal financial advantage or disadvantage but because he may have thought that as he was such a determined and keen advocate in principle of this provision, then, if he was to advocate it, as he has done and will do, in the most determined way, he could do so with much more comfort and with much less possibility of having any doubt cast upon the validity of his argument if he said that he would not take the money.
That is a rotten answer.
I think that that is a right and proper view which the Lord Chancellor has taken.
As I have said, it would be undesirable for me to enter into this argument. The matter has been very clearly argued on both sides of the Committee and I ask the Committee not to accept the Amendment.
Amendment negatived.
I beg to move, in page 1, line 12, to leave out paragraph (c).
I move this Amendment to give the Secretary of State for Scotland an opportunity to explain to the Committee exactly how the Bill affects Scottish judges. It will be remembered that when the Second Reading of the Bill was moved the Secretary of State for Scotland and the great majority of Scottish Members could not be present because they were at that time considering, in Standing Committee, an increase in the rents paid to property owners in Scotland.
I believe that I was the only Member who was able to escape from that Committee as a kind of delegation, asked for by the Leader of the House, to be present to hear how the Bill affected Scotland. It is not fair treatment of Scotland to discuss the whole question of the effect of this Bill on Scottish judges when almost every hon. Member from Scotland is engaged on a Standing Committee elsewhere. I suggest that now we should have a fuller explanation from the Secretary of State of how the Bill affects Scottish judges.
I am also prompted to move this Amendment because I should like to hear why Scottish judges are not paid as much as English judges. This is not a matter which has given me—
I do not think that that question arises on this Amendment.
6.30 p.m.
I apologise, Sir Rhys, but this is one of the matters which perplexes me. I have moved the Amendment because I think the judiciary of Scotland have such special duties in relation to the administration of the law in England that this is a matter which should be discussed purely by Scottish hon. Members. I suggest that if this Amendment were carried the Secretary of State for Scotland might say, "Let the matter be discussed, as it should be, in the Scottish Grand Committee."
That, also, does not arise on this Amendment.
I do not wish to oppose any increase in the judges' salaries at this stage, but I suggest that the appropriate body for discussing Scottish judges and their duties is the Scottish Grand Committee.
I wish to put a specific point to the Secretary of State for Scotland because, as my hon. Friend the Member for South Ayrshire (Mr. Emrys Hughes) said, we were unable to discuss the matter when it was before the House as we were engaged in Committee. In support of my hon. Friend's view, I would say that this matter might easily have gone to the Scottish Grand Committee because I remember that on a previous occasion a Bill was divided and part of it was remitted to that Committee.
rose—
I do not propose to take further time on that point, but I want to ask one or two specific questions of the Secretary of State for Scotland. According to the Explanatory and Financial Memorandum this would apply to
I should like to know how this 13th judge is covered under the Bill. The Memorandum covers the Lord Justice General, the Lord Justice Clerk and 12 senators. I do not know how the 13th senator is to have his increase in salary. It may be that it is just an unlucky number, but perhaps the Secretary of State can give us an explanation.
I wish to support the Amendment, particularly as my hon. Friend the Member for South Ayrshire (Mr. Emrys Hughes) is not opposing an increase for the Scottish judges to the extent of dividing the Committee. One does not want to take a dog in the manger attitude and I agree with my hon. Friend about the level of salaries of Scottish judges.
I am grateful to the Secretary of State for coming to this debate. If I may say so without disrespect to the Lord Advocate, I am glad that the Secretary of State is here instead of the Lord Advocate, because these matters of broad legal administrative policy are better dealt with by someone in the capacity of the Secretary of State than of a Law Officer. One thing the Committee should realise when dealing with the Amendment and the Bill as a whole is that the position of the Scottish Bench is different as compared with the English Bench. I am a layman, but I am told that, although the Scottish senator of the College of Justice, the ordinary Scottish judge, is paid on a lower rate than the English judge—he gets £3,600—very few Scottish barristers can reach that level. Therefore, an elevation to the Bench is always a financial promotion as well as an official promotion.
In addition, the rate of the increase is a flat rate. Hence, the Scottish judges will get more proportionately than the English judges, having started without having made the sacrifice which we understand the English judges to have made. I do not complain about that. I take the point of view put by my hon. Friend that it is a good thing that the judges in both countries should be on the same level of dignity and finance. But that point should be noted. There is a matter on which the Committee need to have explanation.
My hon. Friend the Member for Leith (Mr. Hoy) raised the particular instance of the recent appointment of a 13th judge. That appointment was made in pursuance of a decision taken some time ago that additional judges were needed on the Scottish Bench. As my hon. Friend pointed out, the Bill does not seem to cover that appointment. It makes a total of 15 judges on the Scottish Bench. If we are to give them an increase proportionate to the increase given to the English judges, we should ask why we need so many. If the English judges were as numerous, proportionately to the population, as in Scotland, their numbers would be about trebled.
What is the justification for paying an increased salary to a number of judges which seems quite inordinate and who, incidentally, are paid for not simply by the Scottish taxpayer, but also by the English and the Welsh taxpayer? I will not attempt to go into possible explanations, for this baffles me and I have never been able to find a convincing explanation, but I think it worth while for the Secretary of State to explain the situation. It seems a little as if we are asking that we should get rather more out of the common pool than we are entitled to receive.
I wish to put another point to the right hon. Gentleman. I will not attempt to go into detail. The point is that the Scottish Bench is, in some respects, an un-reformed bench and we have still some of the traditions of the 18th century. I went into this on Second Reading—
I hope the hon. Member will not go further into it.
I have no intention of pursuing this matter. I merely say that it would be appropriate at some stage of the Bill—there will, possibly, be a Report stage and there will be Third Reading—if the Secretary of State could tell us what is the policy of the Government on this matter, which should seriously enter into our considerations.
I shall be very glad to answer all the questions I am capable of answering. I am not a learned hon. Member. I did try to read the law for the best part of a year after the First World War, but the law won and I retreated in disorder.
In answer to the hon. Member for South Ayrshire (Mr. Emrys Hughes) I really cannot think of any sane reason, either in fairness or logic, for omitting Scottish judges from the scope of this Bill and I am sure that he would not wish to do so. The case for the increase in salary is precisely the same as was stated by the Prime Minister in moving the Second Reading of the Bill—that is to say, the case for increasing salaries of judges in Scotland is precisely on all fours with the case for increasing the salaries of judges in England. It is very important, I am sure the Committee will agree, to attract the right type of men to the Bench, men who are prepared to live in the rarified atmosphere to which the Prime Minister and others referred. Indeed, they must be able to follow a way of life suitable to maintain the dignity of their position. The positions which they occupy are dignified and entail onerous responsibilities.
A monastic life.
Almost monastic. If one is to have more than a couple of drinks it is better to have them in one's own premises rather than go outside. That is the kind of thing that is entailed.
I shall not deal with the point put by the hon. Member for Stirling and Falkirk Burghs (Mr. Malcolm MacPherson) about the difference in salaries between the English and the Scottish judges, because I am not quite clear about it myself. I have never understood why a Scottish judge, in view of the responsibilities placed upon him, which I believe to be just as great as those placed upon a judge in England, should not receive the same salary. The Bill is not dealing with the basic salaries, however; it deals with an increase. I am glad to say, in support of what I have just said about seeing no reason why Scottish judges and English judges should not be paid equal or similar salaries, that the increases, at all events, will be similar.
The hon. Member for Leith (Mr. Hoy) referred to the fact that there were 13 judges in Scotland in addition to the Lord Justice General and the Lord Justice Clerk. He is perfectly correct. There was a recent additional appointment to the Bench. That appointment was made after the Bill was printed, but I would point out to the hon. Member that the number to which he refers, of 12 Senators of the College of Justice, appears in the Explanatory and Financial Memorandum, not in the Bill. I can reassure the hon. Gentleman on that point. The Money Resolution covers payment to the additional judge.
The Memorandum refers to 14 judges. I presume that they were included in the £235,000 which is also mentioned. I should like the Secretary of State to explain how, if that be the case, and the fifteenth judge has been appointed since that was drawn up, the increase for that additional judge can be included in an Explanatory and Financial Memorandum that was drawn up before his appointment?
I see the hon. Member's point, but I would repeat that the total cost of the salary increases to which I think he is referring appears in the Explanatory and Financial Memorandum; it is not in the Bill. There will be a slight increase in the total amount, I suppose, owing to the appointment of one additional judge in Scotland. The Money Resolution, however, does not limit the number to that given in the Memorandum. [Interruption.] It is in general terms, and my right hon. and learned Friend the Attorney-General assures me that it is an approximate figure, not precise to the last pounds, shillings and pence.
Would not the Money Resolution be based on the total number of judges who could legally be appointed, and the actual filling of an appointment be a matter of detail?
The answer is that it is in general terms. I can assure the hon. Member that the additional judge is covered, and will not be left without salary.
I do not know quite what is going on, but after these excitements, which appear to have been quite harmless, I am glad to say, I hope that the hon. Member for South Ayrshire now that I have answered the questions put to me, will agree to withdraw his Amendment.
6.45 p.m.
I thought we might have had a word or two from the Secretary of State about one other learned gentleman in Scotland who does not appear to be covered either. I refer to the Chairman of the Land Court, who has a dignity equal to that of a Senator of the College of Justice. That learned Lord appears to have been omitted altogether from the provisions of the Bill. I do not ask the Secretary of State to reply to this point now, but when we are giving consideration to the point concerning the 13th judge I would point out that there is a 14th who might well receive the consideration of the Secretary of State.
I assure the hon. Gentleman that that is a point which has received consideration. I will bear in mind what he has said, but I do not think that the learned Lord to whom he refers comes into quite the same category as the judges with whom we are dealing in the Bill.
Amendment negatived.
I beg to move, in page 2, line 2, to leave out from "office," to the end of the line.
This Amendment is directed to the correction of a drafting defect in the Bill as it stood.
On a point of order. I had understood that the Amendment in the name of my hon. Friend the Member for South Ayrshire (Mr. Emrys Hughes) and myself, in page 1, line 17, to leave out "two," and to insert "one," was to be called.
None of the remaining Amendments has been selected, apart from the one which the Attorney-General is now moving. There can be no argument on that.
I do not wish to argue at all, Sir Rhys, but I had the advantage of having a word with your predecessor about these Amendments. I dare say it is entirely my fault, but I certainly understood from him that, although there had been a suggestion to take two Amendments together—we discussed it a little—I understood that that was no longer the intention. Of course they ought not to be taken together because, whereas one of them was a question of principle, the other was a question of numbers.
I have carried out what I understand to be the Ruling. I have selected only the Attorney-General's Amendment.
On a point of order. Do I understand that the Amendment about the judges in Northern Ireland is out of order?
I have not said that the Amendments are out of order. They are not selected. The only one selected is that which I have just called, and which the Attorney-General is moving. There can be no argument, because the selection of Amendments is left to the Chair.
As I was saying, this Amendment is to correct a drafting defect. As has been made plain at the outset, it is not intended to improve the pension rights by altering them in any way. Without this Amendment, the Bill would have the unintentional effect of improving the position of certain judges as regards pension, and that is obviously not desirable.
Amendment agreed to.
Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."
I ought to express a very practical interest in this Bill, being a member of the Bar. I wish to raise the following point. In Clause 1 we include all Her Majesty's High Court judges and judges of appeal in the United Kingdom. There are, of course, a large number of Her Majesty's judges overseas. They are not included in this Bill, but many of them are appointed in exactly the same way and hold the same important posts, both in the court of first instance and, still more, in the new courts of appeal which are appearing in the Colonies.
Those judges are not able to live in the same way as Her Majesty's judges at home. In nearly all cases they have to occupy houses alloted to them by the Governments. They have to pay rent and to pay for the furniture with which the houses are furnished. All of that comes from their salaries, which in almost all cases are substantially smaller than those of Her Majesty's judges in this country. I hope that the fact that every word which the Prime Minister said regarding Her Majesty's judges in this country applies equally to them and—
The right hon. and learned Gentleman is out of order in talking of colonial judges. They are not included in the Bill.
I wish only to say that I hope that the policy indicated in Clause 1 of the Bill will not stop here.
I wish to oppose the Motion. I have listened to all the speeches in the debate on Second Reading and on the Amendments and I am not convinced that we are justified in supporting this Clause. I object strongly, for example, to the increase of £2,000 a year to the Lord Chief Justice. I have no wish to be ungenerous to him and I might be prepared to give him a raise of £1,000 a year, but I think £2.000 is too much.
On Second Reading, when he was justifying the contention that the Lord Chief Justice was entitled to a raise of £2,000 a year, the Prime Minister asked what should we think of a Lord Chief Justice if he won the Derby? That, to me, is not a very convincing argument for giving a man another £2,000 a year. Because he is not allowed to bet on the Derby or to lead in a horse at the Derby seems to me a very flimsy reason indeed.
I have heard of members of the legal profession, and others, being compensated for loss of office, but I have never yet heard of anyone being compensated for loss of winnings. If there had been any stronger reasons for this proposed rise we should have heard of them, but this is a very flimsy reason. I cannot entertain the idea that we must compensate people because they cannot enter horses for the Derby, or bet on that race. I have heard the argument advanced that we must raise the standard of life for certain classes of the community, because if we do not, it will mean a growth of Communism. But I do not think we need to give the Lord Chief Justice another £2,000 a year because of any fear that he might join the Communist Party.
I am not convinced by the arguments advanced by the Secretary of State for Scotland. May I give an illustration of what it will amount to in practice? Every hon. Member who represents a Scottish constituency will agree that justice in Scotland is above reproach; that in Scotland we have the best judges who have a great deal of legal acumen and display great devotion to their work. A Scottish judge receives £1,400 less than an English judge. We may have the case of a Scottish judge on circuit sitting in Dumfries. On the other side of the Border there might be an English judge sitting in the court at Carlisle. The Scottish judge receives £1,400 a year less than the English judge.
I am not suggesting that the Scottish judge should receive an increase in salary. My argument is that no one has ever suggested that Scottish judges are not the most learned, devoted and considerate of judges, and that they cannot be equalled in the rest of the world. I suggest, therefore, that this differential in salaries is something which cannot be justified. This Clause is a hotch-potch of inconsistencies and I do not think I am justified in voting in favour of it.
I do not think that the judges in Northern Ireland are entitled to this huge salary. If the people of Northern Ireland wish to pay their judges such a salary that should not be a burden upon England and Scotland. They cannot possibly earn such a salary at the Northern Ireland Bar and it is completely out of relation to other salaries in Northern Ireland. There is no possible excuse for arguing in favour of this extravagance.
Unlike my hon. Friend the Member for South Ayrshire (Mr. Emrys Hughes) I accepted and supported the general argument for the Bill on Second Reading, without enthusiasm, but with conviction. I must now say that the way in which argument has been treated in this Committee, and points have been raised, has gone a long way to shake my confidence in the general principle of the Bill.
When one has done one's best—and apparently succeeded, judging by the general run of the debate—in advancing a serious, substantial and certainly considered argument in favour of leaving out the Lord Chancellor from the general in creases proposed under this Bill, it is surprising to be met by a speech from the Government spokesman which amounted to no more than saying, "I am very sorry, I cannot answer these arguments, for obvious reasons it would be a fallacy "—and to leave it at that—
There was no vote.
Certainly there was no vote. I do not know what inference the learned Attorney-General is inviting the Committee to draw from that.
The Committee was satisfied.
A very poor argument.
If that was the inference which the learned Attorney-General drew from my not dividing the Committee on the Amendment which I moved, then I am the less surprised at the conclusion which he draws from other arguments.
No one else in the Committee drew the inference which the right hon. and learned Gentleman drew. If he remains under any illusion about that I will tell him at once that his argument satisfies no one on this side of the Committee. In any case, when the right hon. and learned Gentleman made his speech he could not possibly have known whether the Committee would divide or not. Therefore, when he said that he would not reply to the argument, because in the position which he occupied he would find it embarrassing to do so, that could not have been advanced on account of subsequent failure to divide.
7.0 p.m.
The Government ought to take care to answer arguments of this kind. The case I made in Committee is being made up and down the country. There are many people who are following this matter with great interest. I am certain that neither the Government nor any one else would desire the Bill to go through and leave a feeling of resentment or dissatisfaction outside. I am sure that the Government realise that to raise salaries from £5,000 to £8,000 at one stroke requires explanation, and those of us who believe that the explanation can be given, and that the explanation when given is satisfactory and acceptable, are the first to resent the refusal of the Govenment to explain matters that are not so readily explainable.
I still say that the Government not only failed to make any case whatever for increasing the salary of the Lord Chancellor, but that the Attorney-General conspicuously declined to apply any argument at all. That is not the way in which matters of this kind ought to be treated. One hopes that even now, for the sake of people everywhere who are interested, there should be a more satisfactory explanation, unless the true explanation be that the hon. and learned Gentleman knows of no better answer than the one he has already given.
I should like to say a few words to my hon. Friend the Member for Sowerby (Mr. Houghton), who speaks with such authority on taxation. I must say that if he had made the speech in the Second Reading debate which he made on the Amendment, many of us who are supporting the Bill might have been induced to change our minds. One of the principal aguments advanced in support of the Bill and of this Clause is that it is no longer possible for practitioners at the Bar to earn such fees as to be able to save or to accumulate fortunes as they used to do.
That was an argument which carried great weight with many hon. Members. Although I do not think that it is quite so difficult as is sometimes made out, no one who knows anything of the factual circumstances would deny that it is considerably harder than it used to be, even at the Bar, to make large sums of money. What does my hon. Friend say? He says that lawyers are all overpaid anyhow; that they are still overpaid; that they still are able to save and to accumulate fortunes. If he is right a large part of the case for this Clause has been destroyed.
His other point was about the value of what was left. That has been the subject of a good deal of discussion already. I do not wish to detain the Committee any longer, but I thought it right on this Motion to express the dissatisfaction of myself and some of my hon. Friends about the way in which serious and substantial arguments have been cavalierly brushed aside by the Government spokesman without justification.
As we are nearing the end of the Committee stage, I should like to say a few words about the Bill, which has the virtue that it has been well received in all parts of the House. I wish to thank my right hon. and learned Friend for the full and detailed answer which he gave to all the questions put to him by hon. Members. I carefully read all the Amendments on the Paper, and I would say that if they had been accepted the result would have been what might be called an unbalanced judiciary.
In every service and in every walk of life there must be a scale of salaries. Incidentally, I would remind the hon. Member for South Ayrshire (Mr. Emrys Hughes) that it was not so long ago that the judges dare not go to Newcastle because of the dangers from the Picts and the Scots. Those days are now over, and the judges who serve there should be paid a fair and proper sum. The salaries which they will receive are, in view of very high taxation, only just adequate to enable us to attract people with the necessary qualifications to enable them to fill these important offices.
I consider that the hon. Member for Sowerby (Mr. Houghton) made a mistake in what he said. It is true that some people at the Bar are fortunate enough to be able to make large incomes, but there are many others who do not make anything like such a large amount of money. The suggestion that lawyers are overpaid is one which would not bear close examination. Articles in "The Times" last summer give one a reasonably accurate idea.
Would the hon. Gentleman agree that the great fortunes are made by members of the Parliamentary Bar?
That was true in the olden days, but those days have gone.
Would the hon. Gentleman agree that their average income has sunk from £50,000 a year to £20,000?
I could answer the hon. Gentleman, but I do not wish to become involved in an argument, because I do not want to detain the Committee. I am sure that the Bill is overdue.
In considering this Motion, we have to decide whether the increases proposed are too much, too little or just about right. I think it will be agreed that £5,000 a year 120 years ago was far too much. It was not a salary so much as opulence. It placed the judges in the highest level of society among wealthy friends who had far too much of the nation's resources at their disposal. I should certainly say that £5,000 a year was far too much for sending the early trade unionists to Botany Bay, which the judges did two years after they got their last pay increase.
I do not think that we can sit here as a court of appeal.
According to our modern standards, we should certainly not dream of attempting to restore the relativities of 1832. We are not even proposing to restore the relativities of 20 years ago. The truth is that, as we saw in the earlier discussion, we are no longer able to express the nation's appreciation of public service by a wide disparity of financial rewards. We have to do it in some other way if we are to give those in the public service the compensation that they feel they should have for being denied die more glittering prizes and the greater range of amenities which are open to those in industry and commerce.
I do not know whether Her Majesty's judges go to their duties by bus or underground or whether they walk. What I do know is that no business executive in their position would dream of going to his duties except in the company's car. I realise, too, that the subsistence and other allowances of the judges are governed by Treasury regulations which are traditionally parsimonious. In any case, they have to apply to a large number of people, and the total cost may be great. A private firm can fix its own subsistence allowance, and when one of its executives goes abroad, it can meet his wife's expenses too. There are all sorts of ways and means of giving rewards to people in business and industry which we cannot give to the judges.
What we do for the judges is to give them, when they reach the eminence of the Bench, a degree of social security which is not obtainable so freely outside. I have noticed how little has been said about the value of the pension arrangements. On a rough calculation, I find that an immediate annuity of £3,000 a year at the age of 70 is worth £25,000. There are 10 judges out of 57 in England who are 70 or more. Thus, there are 10 of Her Majesty's judges who, after 15 years' service or so, can retire from the Bench and obtain the equivalent of a lump sum of £25,000.
I hope that Her Majesty's judges, the Committee, and the public will feel that reasonable justice is done in the Bill. It has been a difficult job for the Government to give the rewards which they wished to do by the conventional method of a pay increase. That is why the Government thought of the unpopular proposal of a tax-free increase. We realise that none of the recipients will get as much net increase out of the Bill as they would have done out of the earlier proposals, and to that extent it must be disappointing to them. However, I hope that we shall hear no more from the Prime Minister about judges who wish to return to the Bar. We certainly would not wish anyone to step down from the Bench and return to private practice. That would indeed be unthinkable, for many obvious reasons.
In the age distribution of the judges, we see how much importance is attached to the very preferential retirement provisions. Out of 57 judges in England, 37 are over 60 years of age. That suggests that when barristers grow older and begin to feel the strain of heavy practice and the great anxieties which are thrust upon them in their duties, the cloistered calm of the Bench is more agreeable to them, especially if it gives them a retirement provision which in present conditions they have been unable to make for themselves.
I support the Bill in its present form. Like many of my hon. and right hon. Friends, I should strongly have opposed the Bill in its previous form. Difficult as it is to weigh up gross and net remuneration in a matter of this kind, I hope that we shall now feel that we have tried to be fair to the judges and have given them reasonable rewards for their undoubted responsibilities, which we all acknowledge, and for their skill and impartiality, which the whole world envies.
I shall not detain the Committee for more than a minute and a half. A point made by the hon. Member for South Ayrshire (Mr. Emrys Hughes) ought to be answered. The hon. Member is now reading a pamphlet entitled "What is Anarchism?" and his speech reminded me of the answer, because he is here in England as a Welshman sitting for a Scottish constituency and talking about a matter which refers to Northern Ireland.
The hon. Member said that the Clause should not have been extended to cover the judiciary in Northern Ireland. He argued that what is done for the Northern Ireland judiciary ought to be met out of the Northern Ireland Consolidated Fund. That would involve amendment of the Government of Ireland Act, 1920—
Order. The hon. and gallant Member is referring to an Amendment which we have dealt with. The Question before the Committee is "That the Clause, as amended, stand part of the Bill."
I am advised by an hon. Friend that I have half a minute more. I will use it to say that, in that case, we in Ulster see no good reason why our judiciary should not come within the scope of the Clause. We see no reason why the Clause should not stand part of the Bill, and we are thoroughly behind it.
7.15 p.m.
During the Second Reading debate the Leader of the House told us that High Court judges on circuit got £7 10s. a day expenses. In view of the tales of woe which have been repeated today, can the Attorney-General tell us what expense allowances there were before the war, so that we can determine whether their expenses make inroads upon the salaries of the judges?
If I might first reply to the hon. Member for Jarrow (Mr. Fernyhough), so far as I know there has been no alteration in the figure of £7 10s, given by my right hon. Friend. Therefore, that point seems to work rather the other way.
The only other hon. Member who asked a question was the hon. Member for Nelson and Colne (Mr. S. Silverman). He wanted to know why his arguments had not been better answered. I do not mean to be discourteous in any way, but the hon. Member sometimes appears to adopt the attitude that, if his arguments are not accepted, they must have been treated with contempt. I gave what I thought was an adequate answer, and the rest of the Committee appeared to think that it was so, because no one else arose in wrath to attack me and no one voted on the Question. It appeared to me that the Committee as a whole accepted it, and I am sure that that is the view which the majority will take.
It is very appropriate that the debate should have ended in the way it did with the hon. Member for Sowerby (Mr. Houghton) saying such very helpful things to produce the right atmosphere. I am sure that he voiced about the Bill the views of hon. Members in all parts of the Committee. After some of his earlier remarks about the law and lawyers, I was a little nervous about what was coming, especially as I have in my hand a document which I thought was an advance copy of his final speech but which says, "Instead of inanely repeating the old formula 'respect the law,' the anarchists say, 'despise the law and all its attributes'." That arrived at an appropriate moment.
I imagine that the hon. Member was only having a little joke, and we are certainly grateful to him for voicing the views of so many hon. Members.
Question put, and agreed to.
Clause, as amended, ordered to stand part of the Bill.
Clause 2 ordered to stand part of the Bill.
Bill reported, with an Amendment; as amended, considered; read the Third time, and passed.
Television [Money]
Considered in Committee under Standing Order No. 84 (Money Committees).— [Queen's Recommendation signified.]
[Sir RHYS HOPKIN MORRIS in the Chair]
Motion made, and Question proposed,
That, for the purposes of any Act of the present Session to make provision for television broadcasting services in addition to those provided by the British Broadcasting Corporation, and to set up a special authority for that purpose, and to make certain other provision, it is expedient to authorise—
7.20 p.m.
Mr. Herbert Morrison—Amendment to leave out paragraph (a).
On a point of order. I thought it would be convenient if we could have a general debate now and for the Amendments to be taken afterwards, without prejudice to such general debate. Whether there is any rule about it or not, I do not know, but I presume that, if the Amendments were taken now, it would rule out much debate after they had been disposed of. I thought it would be more convenient to have a general debate now and then to take the Amendments.
It seems to me that it would be more convenient to take the Amendments now and then have a general debate, when the Amendments have been disposed of.
If that is your view, Sir Rhys, and if it does not prejudice the general debate, within the limits of order, as I understand is the case—
It certainly does not prejudice it. Once the Amendments are disposed of, we can return to the general question.
I beg to move to leave out paragraph (a).
It will be observed that paragraph (a) provides for a straight gift—if straight is the right word—by Parliament to the Television Authority out of moneys provided by Parliament. It is probable that the Bill has to use this language regarding moneys provided by Parliament in this respect, although it seems to me that it is rather misleading.
I would call attention to a statement made by the Assistant Postmaster-General on 2nd March, when he made a statement in the House about increasing licence fees for sound and television from £2 to £3, and dealt with this question of the £750,000 a year. Having announced that the fee was to be increased and that the combined fee for both sound and television was to be raised from £2 to £3, which he said would bring in additional revenue, he added: contribution to the Post Office, and therefore to the Exchequer, will be £2 million, and so it is a £1 million less. Therefore, it would seem that, out of this £1 million less, the £750,000 a year is to be paid to the new Television Authority. Where the other £250,000 goes, I do not know, but it is not an enormous sum.
In these circumstances, it would appear to be money provided by those who pay licence fees, and, consequently, when the ordinary citizen goes to the post office and pays the B.B.C. broadcasting fee, which he thinks is for the B.B.C, he will, in fact, not be paying all that money to the B.B.C, but providing part of it as a grant-in-aid to the commercial television Authority, and, therefore, indirectly to the advertising people who are going to use the Authority. That seems to us to be quite bad in principle.
It may be said that, having paid the money and the £2 million being there—or, rather, more than that having been paid into the Post Office—it goes to the Treasury, and the Treasury pays out £750,000 to the commercial television Authority, but it really comes out of the licence money. It might indeed indirectly affect the finances of the B.B.C, because, if this money had gone to the B.B.C, it would have helped them in the development of their alternative television service. Therefore, we do not like it.
My next point is that I do not recall that the B.B.C. has ever had any grant-in-aid out of Treasury money. Of course, it gets its share of the licence fees, after deductions are made both for the benefit of the Exchequer—which has been a more or less noticeable sum, now defended on the ground that they do not pay Entertainments Duty, and I follow that argument—and, secondly, something for administrative expenses for the Post Office, which I believe takes something like 7½ per cent.
So far as I recall, the B.B.C. has not had assistance from the State, and it therefore would not be fair to say that licence fees come out of moneys provided by Parliament any more than it would be fair to say that, when one pays a fare to British Railways, one is thereby paying money to the Treasury because one is merely paying British Railways for the use of their commercial undertaking. In this case, the customer pays a licence fee for services received in the same way as he would spend money across the counter of a shop or otherwise.
It being the case that a public service undertaking like the British Broadcasting Corporation—if I am right, and I can be corrected if I am wrong, though I do not think I am—does not receive a subsidy out of Exchequer money or out of moneys provided by Parliament, even by this indirect method, it seems to me to be an extraordinary thing that, directly we get into the field of commercial television and of private business undertakings a public subsidy is paid. After all the hon. Gentlemen opposite have said outside about protecting the taxpayer against subsidising socialised industry, which was not true—directly we get to what in a sense seams to be the de-socialisation of the British Broadcasting Corporation—I admit that I am stretching it a bit, but it is something of that nature—and directly private capitalism comes into the field, people who have always said that it did not need State assistance come along for a public subsidy to the tune of £750,000 a year for at least 10 years, which means £7,500,000, quite apart from the capital sum involved.
I am sure that the Government will apologise for having completely broken their principles. They ought to be showing that private enterprise is bound to be financially more successful than public enterprise. Instead of that, the Government are confessing straightaway that that is not the case. They may argue that the starting of these programme companies will be as costly as the starting of a daily newspaper.
Like the "Recorder."
I hope the companies will be more successful than that publication, which I personally did not think could last. It is always a sad thing when a newspaper dies. I always have sympathy with newspapers, both the dying and the dead. I worked on one that died myself. Where was I When I was interrupted? I was saying something about the analogy with a newspaper.
The Government may argue that the floating of the programme companies in particular, and of the Authority to some extent, will be about as costly as the floating of a great daily newspaper which, as we all know, may require millions of pounds to be put into it before it can really get going. That makes nonsense of the theory that anybody can start a daily newpaper. Mr. Brittain now knows that he cannot. He has come to this sad end with his paper. I sympathise with him, although I did not like his paper.
If that is going to be argued, the question is whether this fleabite is going to be enough to get the programme companies going. Perhaps the Government will tell us whether the money will be too much or too little. Quite apart from the point of principle that I object to the whole business, I would ask whether somebody can tell us how the £¾ million is arrived at. How is it made up? What is the calculation behind it? Can somebody give us a sort of balance sheet of income and expenditure, and tell us why it should be £¾ million, and what the money is for?
It may be said, "You can't expect us to know that," but I do expect the Government to know it. We are discussing a Financial Resolution in which the Government are asking Parliament to grant money. We must know on what financial basis the Government are proceeding. What is the calculation that leads to this £¾ million? The Home Secretary and the Assistant Postmaster-General must have all the facts at their fingertips and can tell us with the greatest ease why this figure is £750,000. Broadly, what is the estimate of expenditure leading to the conclusion that that is the sum required?
It might not be.
My hon. Friend may be right, and that is all the more reason why the Government should give us the reasons and tell us how the figure is arrived at.
We object to this in principle. It is wrong that an undertaking of this sort should be subsidised either out of the taxpayers' pocket or out of the licence-payers' pocket. Secondly, it is a dismal confession of the Government's lack of faith in private enterprise. The first thing they do is to subsidise it before ever the poor thing has got going. That is a thing they never had to do with the British Broadcasting Corporation.
Thirdly, on this Amendment, we have a right to know, and we shall expect to know from the appropriate Minister, exactly how the Government arrived at the figure. What are the income and expenditure estimates which have led them to that conclusion? We need that information so that we may have the elementary knowledge to which this Committee of the House of Commons is entitled in order to know what we are doing when we vote on the Amendment.
7.36 p.m.
The effect of the Amendment and of other similar Amendments will be to make the proposed Authority entirely dependent upon advertising revenue and upon nothing else. We have to consider whether that would be a good or a bad thing.
I had a certain amount of difficulty in making up my mind upon this Amendment because I had sympathy with the proposition. I was not finally converted to opposition to it until I heard the arguments of the right hon. Member for Lewisham, South (Mr. H. Morrision) in its favour. After the confusion into which the Socialist Party have fallen in these debates, I can no longer feel that they are the real opposition to the proposal that there should be two organisations. If I may borrow a phrase which has earned such well-deserved publicity in recent months, it is that the Socialist Party are merely Lord Waverley's poodle. It is to that position that we must address our minds rather than to the case put forward by the Socialist Party this afternoon. In spite of the argument used in favour of the proposal, we must consider it upon its merits.
There will be something to be said for the proposed Authority's being entirely dependent upon advertising revenue. There is a great difficulty about financing this alternative Authority. We have not yet got technically to the stage where subscription television is possible. The Authority has either to be dependent upon public money or dependent upon advertisers' money. There is a certain danger in its being entirely dependent upon advertisers' money. There is also great danger in its being dependent upon public money. It is extremely desirable that there should be two authorities, and there is a great deal to be said, from the financial point of view, for their being as different in nature as possible.
I do not particularly welcome the £750,000. If we were considering a proposal for getting rid of the £750,000 and revising the nature of the independent Authority, I should pay very careful attention to the proposal before us, but that is not what we are considering. We are considering taking out the £750,000 and leaving the dependent Authority with the obligation to provide an alternative programme and no means in the world to carry out the obligation. The right hon. Gentleman is not proposing a serious Amendment for improving the Bill, but a proposition for making the Bill unworkable. Until he made his speech I was in doubt, but after he made it I had no doubt that I was against the Amendment, and I shall have no difficulty in voting against it.
7.39 p.m.
I also ask for the calculations involved in arriving at the figure of £750,000.
During the Second Reading the Home Secretary taunted my right hon. Friend the Member for Lewisham, South (Mr. H. Morrison) with opposing the grant-in-aid to the Independent Television Authority when in fact the proviso had been inserted in the Bill by pressure from Members in another place and from the Opposition that there should be an income for the Authority independent of advertising. The right hon. and learned Member taunted my right hon. Friend that we were now opposing an independent income for the Authority.
Surely, the position is that the speeches made in another place in favour of an independent income were to the effect that it should be such an amount as to enable the Independent Television Authority to be really independent of advertisers. That was the whole theme of such speeches as that of the Archbishop of Canterbury.
But what have we got instead? We have a figure of £750,000, and I will try to calculate how that figure is arrived at. We have the situation that by the time that the Independent Television Authority has got something approaching national coverage it will be running at a cost of about £2,500 to £3,000 an hour. This figure is based on a comparison with the costs of the B.B.C. with its present coverage of 80 per cent, or so. With an hourly cost of something like £2,500 or £3,000, and about five hours' broadcast- ing per day, we are having a subsidy of only about £2,000 a day. That figure is arrived at by dividing the £750,000 by the number of days in the year.
It is possible that the figure of £750,000 was arrived at on the basis that the Authority would need to cover something independent of the advertisers for one hour out of every five or six. If that really is the reason for the figure, then surely it is not the kind of figure that was urged upon the Government by the Archbishop of Canterbury and others. Such a sum of money will not make the Authority independent of anybody at all, and for the Home Secretary to throw back at us the argument that we are scorning the independent income for which we have asked is really less than honest. As my right hon. Friend the Member for Lewisham, South said, it is merely a fleabite.
When one examines the purposes for which this £2,000 a day will be used, it is quite clear that the money will be used firstly for the provision of continuity programmes as defined by one of the Clauses in the Bill, in which it says that in order to make up gaps, and so on, the Authority may itself put on programmes. Therefore, first of all, this money will be used for filling a gap. It is specifically designed to fill gaps between programmes and will not be really worth-while broadcasting, as it were, on its own merits. A lot of the money will disappear in that way.
Secondly, let us examine the effect of the Home Secretary's announcement the other day when he said that the Authority will not be allowed to accept advertisements for those programmes which it will be necessary to broadcast in order to secure a proper balance. I presume that they will be cultural programmes which normally attract small audiences and which the advertisers and the contracting companies will not wish to put on.
Presumably the remainder of the £2,000 a day will now have to be at the disposal of the Authority for those programmes of limited appeal in which the advertisers will not be interested. This is really trying to get the best of both worlds. After all, we have heard from the Government a justification for private enterprise doing this thing; but now we have the situation where we are pro- viding the Authority with money for the purpose of putting on programmes of a limited kind for which the advertisers will not pay. That is no justification at all for private enterprise entering the field. We have now the clear admission that we shall need public money in order to televise the decent things, and that the commercial people will be mainly interested in the high-spots, in the entertainments that attract a mass audience. This is too bad. By providing this subsidy, we are in fact saying to private enterprise, "If you do not wish to put on programmes of limited appeal, you need not do so because we have taken care of that in this subsidy. You can concentrate on music-hall or boxing matches, and we will provide the money for the rest."
I submit that this position is wholly unjustified. If we are to have a private enterprise scheme at all—and we on this side of the Committee never wanted it—then let us have no subsidy at all, and let us force the advertisers to put on a balanced programme. Or let us see that the subsidy is big enough to give some real independence to the Independent Television Authority. After all, if the advertisers are to come into this field, then they are quite rich enough to put on programmes which have a limited appeal as well as those which have a mass appeal. Let us look at the way in which the advertisers could meet this cost.
Some cultural programmes have a mass appeal.
I agree with my hon. Friend that some cultural programmes have a mass appeal, but unfortunately they command at most times only a limited television audience. I am sure that my hon. Friend will agree that the contractors and advertisers will not be interested in limited audience.
I was about to make the point that private enterprise can well afford to pay for programmes with a limited appeal. After all, whose playground is this new commercial television going to be? Who are the people who are going to advertise through it?
I have said that the cost per hour of putting on these programmes will be something between £2,500 and £3,000. There is to be about five minutes of advertising in each hour. This means that advertising on commercial television will cost £500 or £600 a minute. [An HON. MEMBER: "What is wrong with that?"] I am asked what is wrong with that. The answer is a very simple one. An advertiser will not want to advertise only once a month, but probably six or seven times a month, in which case the cost of advertising will represent something like at least £4,000 a month. And who can afford £4,000 a month for advertising on television? It is certainly not the small people. It will certainly be the playground particularly of those 26 firms, I think it is, which the analysis of Press advertising gives as those who spent big money in the last 12 months.
rose—
If I might finish this section of my argument, I will then gladly give way.
There will be sufficient money, because those people who will have to pay £5,000 or £6,000 a month for viewing space have enormous funds at their disposal. Let us look at the figures for Press advertising in the last year. The 26 firms were headed by the petrol companies. There is a long list of them spending £500,000, £300,000, £250,000 a year. Those people should be made to pay not only for the high-spots—for the mass appeal—but for the programmes which have a limited appeal. If the party opposite wants to justify private enterprise, why does it not force these people to pay for that also? They could afford it.
After the petrol companies come our old friends the detergent "kings," spending money in a form of extravagant advertising totally wasteful, totally influenced by American production and American firms. They, too, will grab most of the television space for themselves. They, too, have enormous funds at their disposal and could pay for the shows for which this subsidy of £750,000 is designed. Look at the figures for the Press advertising of detergents during the last 12 months: Tide, £400,000—and then there is Persil, Daz, Surf and the rest. It runs into millions of pounds in Press advertising alone.
To that, of course, must be added many more millions for advertising on hoardings, cinema screens and the rest. If the party opposite wants to justify private enterprise, those and not the licence holders or the taxpayers are the people who should be forced to pay for programmes of limited appeal. It is totally wrong, in my submission, to find this figure of £750,000 from the rest of us.
I will not detain the House with a further list of the extravagant expenditure on advertising in the last year. [An HON. MEMBER: "What about the C.W.S.?"] I will only say that the C.W.S. advertise to get trade the profits from which are given back to the consumer in the way of co-operative dividends. There are the confectionery kings, and Horlicks, Quaker Oats—those are the firms whose advertising will be hurled at us, because they are the only people who will be able to advertise in this new medium. It will be too expensive for anyone else. If we are to help this new medium, I do not want any public money used to subsidise those people. If it is their playground, let them pay for culture as well as the cheap entertainment which will be put on.
For this spending of £750,000 we want a bigger justification than we have so far had. It is totally nonsensical to say that it is an answer to pressure for independent income. It does not make the Authority independent at all. It is, as my right hon. Friend the Member for Lewisham, South said, a fleabite. Secondly, if we are to have private enterprise, we should make it pay up for those things which are being pushed on to the Authority. I hope that we shall have a sufficient explanation. If we do not have a proper explanation of, and a better justification for, this figure, I hope that my hon. and right hon. Friends will press this Amendment to a Division.
7.55 p.m.
I confess that I find myself in general agreement with the hon. Member for Devizes (Mr. Hollis), and therefore with this Amendment, but for reasons entirely different from those advanced by the right hon. Gentleman the Member for Lewisham, South (Mr. H. Morrison).
When the Command Paper, on which this whole business was based, was first introduced. I was content to think that we were following Conservative philosophy—that is, freedom of choice for the consumer and competition between the sellers. There was no trace—and this is what I want to bring to the notice of the Committee—of the flabby hand of the gentleman in Whitehall, who, according to the Opposition, always knows best, until we had this anaemic product of all the negotiations and arguments that went on subsequent to the White Paper.
It is our experience generally, here and elsewhere, that the man who pays the piper calls the tune. The real result of this subsidy, therefore, is that the gentleman in Whitehall will again be pushing his flabby finger into our affairs. The Government might be well advised to let those who want to sell pay for the method by which they choose to sell their goods. At the same time, let us be free from this flabby claw that comes poking its way into our business. If this provision remains, it is the one Socialist flaw in an otherwise good Tory Bill.
7.57 p.m.
I was rather aghast at the moderation of my right hon. Friend the Member for Lewisham, South (Mr. H. Morrison) when he moved this Amendment. It seems to me that the provision of £750,000 from public funds to pay for the cost of the time of the television shows is something to which we really cannot agree in any circumstances.
My second point is that the hon. Member for Devizes (Mr. Hollis) seems not to have read the Money Resolution. He was arguing that if we remove paragraph (a) which provides this sum of £750,000, there will no longer be the finance necessary for the Independent Television Authority to function. If he reads paragraph (c), he will see that there is a sum of no less than £2 million to be provided out of the Consolidated Fund.
I said if we pass this Amendment and certain analogous Amendments.
I shall come to the hon. Gentleman's analogy.
I am perfectly correct in saying that he has not properly read the Money Resolution because even if the £750,000 is removed from the Money Resolution—as I sincerely hope that it will be—there is still £2 million to be provided from the Consolidated Fund for the Independent Television Authority. That brings me to the hon. Gentleman's analogy, based on that very good book written by my hon. Friend the Member for Stechford (Mr. Roy Jenkins). The hon. Member for Devizes has not drawn the right conclusion there. It is my right hon. Friend the Member for Lewisham, South who is the watchdog of public finance and the hon. Member who is the poodle—and I will show how.
The real objection to this payment is that we believe that it is entirely wrong that public money should be used to subsidise entertainment. I can visualise cases in which public money is necessary to finance private enterprise. The use of public money to finance the building of the "Queen Mary" in a time of slump and great unemployment on Clydebank was justified. But at present, when there is dire need for capital investment in basic industries, I do not think that £750,000 of public funds should be used for entertainment purposes. For those reasons, I hope that my hon. Friends will vote for the Amendment.
Why is this sum being provided? There must be a reason. As I read the Money Resolution, we must assume that the £2 million which is to be provided out of the Consolidated Fund is for the erection of the plant—in other words, the transmitting stations—unless we are informed to the contrary by the Assistant Postmaster-General. I am glad to see that he is recovering; I know the strain of speaking from the Dispatch Box. Is this sum to be used for producing programmes which the advertisers will not provide because they do not think that such programmes will have a mass appeal? Is it to be used to ensure a continuity of programme, so that the Authority can televise for a reasonable number of hours?
The financing of this project is entirely wrong. Public funds should not be used for sponsored television. It may be argued that the insertion of this provision is the result of debate in another place—an appeasement policy to Lord Waverley and Lord Halifax—but I still think it is basically wrong, and I hope that the Committee will vote for the Amendment.
8.2 p.m.
I find it extraordinarily difficult to fathom the attitude of the Opposition towards the provision of £750,000 in the financing of the new Authority. The hon. Member for Northfield (Mr. Chapman) argued that this sum was not sufficient, and that the provision should therefore be deleted, but he did not say what he would put in its place.
It would have been out of order to do so.
The hon. Member might have given us some indication.
I said that if private enterprise comes into the scheme, it must pay for the programmes. We should let private enterprise have a go and see whether it is up to the job. If it is not, let us clear it right out and have a proper publicly-provided programme.
I am grateful to the hon. Member for his interjection, because he has given me the opportunity to make the point that private enterprise was willing to put on television for the community at no cost to the taxpayer or anybody else except those who wished to advertise.
The hon. and gallant Member has made a very serious statement. Will he be good enough to tell us with what authority he is speaking?
It is not my custom to disclose in the House the names of interested persons, just as it is not my custom to attack hon. Members who are not present to defend themselves, as did one hon. Member opposite during the Second Reading debate.
I did not attack Mr. Stanley; I merely stated the facts, and they were not denied.
It is not particularly good ethics. I merely state that it is not my custom to disclose names, or to refer to companies by name. Nevertheless, I can state, on my own authority, that private enterprise was willing to provide new television services, including the transmitters and everything else, without any cost to the licence payers. That fact really ought to be on record.
At the moment the licence payer will have to find £750,000 under the Money Resolution. I do not care for this provision, because it is unnecessary for the practical working of the new scheme. Nevertheless, I am prepared to accept it because it is a compromise with opponents of free enterprise television. Some people have argued that the new Authority must have an independent source of income, although I do not see the necessity for that.
I should like to know a little more about the use to which this sum is to be put, and to have an assurance that it will in no circumstances be used by the new Authority to erect studios. The £2 million provided under paragraph (c) is presumably for the transmitters. [HON. MEMBERS: "No."] I hope it is. I hope that my hon. Friend will tell us that on no account will the £750,000 be used for the erection of studios. I do not think that the new Authority should provide studios. Secondly, I should like some sort of undertaking that this sum is designed as a temporary, and not a permanent feature.
Can the hon. and gallant Gentleman tell the Committee whether he thinks that the new Authority should not use studios for programmes which it wishes to put on itself? Is he saying that it should lease them from the contractors?
It is abhorrent to me that the Authority should use studios at all. If it thinks that certain programmes should be shown, it should obtain them from the programme contractors, who are there to provide the service. If it decides to sponsor a programme put on by a programme contractor, it should pay the programme contractor for putting it on, just as an advertiser would have to pay for some other programme.
Has the hon. and gallant Gentleman read Clause 2 (1, b )? It says:
"… to provide and equip studios and other premises for television broadcasting purposes …"
That is the purpose of the Money Resolution.
I do not want to anticipate the Committee stage of the Bill, but I should like to see that paragraph deleted. I shall develop my argument in Committee. I do not like the idea of the new Authority owning studios. The reason, briefly, is that I do not want it to become another B.B.C. I hope that this sum of £750,000 will not be increased.
If, because of the unwillingness of private enterprise, the Authority wants to put on a great symphony orchestra, does the hon. and gallant Member submit that it should not possess studios for that purpose, but should have to go to a programme contractor and get him to hire the symphony orchestra before it can be shown on television? That would mean a totally unnecessary profit for the programme contractor.
That is precisely what I should like to see.
This is scandalous.
The person who should provide the programmes is the programme contractor. The Authority that has been imposed is, in my view, completely unnecessary. The idea that the Authority should broadcast and have studios and technicians and staff is utterly repugnant to me.
Does the hon. and gallant Gentleman envisage half a dozen programme companies producing programmes in half a dozen different studios, all of them connected with the transmitter? How does he get over that problem?
I do not envisage anything of the sort. What I envisage is a station—let us say in Birmingham—of about five transmitters—
There are not five in Northern Ireland yet.
We shall consider Northern Ireland when we come to the Committee stage of the Bill.
I think we have got to that Committee stage before it is time.
I am sorry, Sir Charles. I have been tempted away from the path of order.
If I thought that the Amendment was intended to be constructive, I should possibly consider supporting it. I do not believe it is intended to be constructive. There is another Amendment on the Paper in the name of the right hon. Gentleman the Member for Caerphilly (Mr. Ness Edwards) to stop the payment of the £2 million. Both that and this Amendment are wrecking Amendments. They are not designed to improve the situation in any way—
If this were a wrecking Amendment, it would not have been called.
Withdraw.
Let hon. Members give me an opportunity to do so. I withdraw the word "wrecking." These Amendments obviously are designed to frustrate the object of the. Bill and I could not possible support them.
8.13 p.m.
I am in favour of this Amendment on three grounds. The first is a Parliamentary one, the second a political one, and the third a class one. It is admitted that this country is in a serious economic position. In business precise calculations have to be made. Yet we are presented with a Money Resolution that enables the Government to play about with any sum of money between a penny and £750,000, and even £2 million.
I was fortunate in the early days of my training in Parliamentary procedure to work with a body of working-class men, men as able as any who ever have sat in the House. There was an occasion I have never forgotten. You, Sir Charles, were in the Chair. A Money Resolution was being considered. Some of us were told what, in our innocence, we had not remembered or understood—that we could not make any proposal to increase expenditure under a Money Resolution introduced by the Government. I went away smarting, because we had been considering the position of National Service men. As a result of that experience, I carefully studied the history of Money Resolutions. My understanding of Money Resolutions is that it is the duty of the Government so to draw them that when they are presented they are in a definite form.
My first protest against this Money Resolution is that it enables the Government, who have robbed the people I belong to of food subsidies, to subsidise private enterprise.
Robbery.
The Assistant Postmaster-General may smile—[HON. MEMBERS: "Snigger."]—but I can assure him that the indignation I am expressing will be reflected in ever-widening circles throughout the country. It is no use hon. Members talking about the need to economise in this way and that way if they are prepared to acquiesce in the introduction of a Money Resolution of this character.
I come to the second ground of my objection. The B.B.C. is, in my view, the finest authority of its kind in the world, but at the same time it is as biased against my party as it possibly can be.
Rubbish.
The hon. Gentleman ought to know.
I will continue when the television dilettantist shouters let me. I do not mind if everyone present thinks that what I am saying is what the hon. Gentleman has just said it is. It is widely held outside this Chamber that it is not. I am concerned with people outside this Chamber rather than with hon. Gentlemen opposite. There is increasing indignation against the B.B.C. because of the programme "Any Questions?" which is as anti-Labour as it possibly can be.
That may well be true, but I do not think it arises on the Money Resolution.
Did the hon. Gentleman hear "Any Questions?" on Friday night last? It was first-class—absolutely first-class.
We had better confine ourselves to the Money Resolution.
The hon. Member for Aberdeenshire, East (Sir R. Boothby) is advertising.
Quite right, too.
I respect your Ruling, Sir Charles. I was only producing evidence to prove that this so-called Independent Television Authority will be less independent than even the present one because of the forces that will be behind it. Those forces will not be of an independent character. They will be more biased against us than even the present authority.
My third objection to the Money Resolution is this. The working class of this country has been robbed of free speech. [Laughter].
Never mind the laughter coming from the idiotic side.
Democracy in this country is being more and more undermined. In our young days we were able to address hundreds of thousands of people. As a result of the development of this new method of addressing people, we have been robbed of free speech. We can no longer address our fellow countrymen to any great extent because the B.B.C. is so biased against the working class. This new Authority will be more biased still. I have not had the opportunity of visiting the United States, but I am told by friends of mine, whose views I respect and accept because of the confidence I have in those people, that if we have the same kind of television programmes here and the same kind of independent authorities, there will be more prejudice than ever there has been in the past.
I am therefore not prepared to vote one penny towards this vested-interest alleged Independent Television Authority. It will select safe men and safe women; it will select certain types of people, and the workers will not have a say at all. This will undermine the democratic rights which we have won. I plead that our party should vote against this proposal and in favour of the Amendment, because we ought not to be prepared to acquiesce in the development which the Government have brought about and which has robbed us of the food subsidies and now seeks to subsidise private enterprise in its advertising.
8.20 p.m.
I do not wish to detain the Committee for long, but, as I opposed the grant of the £750,000 when it was first mentioned in the House, I thought I should say something about it. While the debate has been proceeding, I have been wondering what sort of position the right hon. Member for Lewisham, South (Mr. H. Morrison) would be in later in the evening if this Amendment were accepted. It would be a great "come down" for the side for which he is fighting—the side of culture, art and education and all those things which he holds so dear—if the £750,000 were not to be granted towards what are called balanced programmes.
The hon. Member said earlier in our discussions that he opposed this £750,000 grant. May I take it that he will vote with us on the Amendment? If not, will he tell us why he is so abysmally slavish when he is told what to do by the Whips, even if it is something which he said he would not do?
I gave way, perhaps because I am not a right hon. Gentleman whereas the right hon. Member for Lewisham, South is. Perhaps he may take an example from the fact that I gave way so readily to him, and he might remember that when I tried to make a short interruption the other evening when he was saying much more dreadful things, he refused to allow me to intervene.
I have been opposed to this £750,000 from the time it was first mentioned. I believe in free enterprise and I believe that free enterprise can do this job. I have always believed that, and nothing would alter my mind on the point unless it were the restrictions contained in the Bill, to be placed on advertisers, which may cut the revenue.
I promised not to take more than a few minutes, and in order that I may foreshorten the enjoyment of the Opposition, who think they may have a catch, I will set their minds at rest quickly. I would ask for many of the assurances which my hon. and gallant Friend from somewhere in a foreign country—in a neighbouring and somewhat extraordinary country—
On a point of order. I do not know whether you heard the hon. Member, Sir Charles, but he said that some Member sitting as a Member of this House comes from a foreign country. Is that in order?
I did not think the hon. Member meant to be offensive, I thought he meant it as a joke.
Offensive jokes are not allowed. They are not in order.
I am sorry that some hon. Members are so touchy about these matters. My hon. and gallant Friend the Member for Down, South (Captain Orr) takes it in good part.
I have always opposed the £750,000 grant, but provided I can get some sort of assurance, which I hope to get, that it will not be put to a use which will enable the new I.T.A. to develop into a trading corporation, I will accept the position. I will tell hon. Members why I cannot support the Amendment. I know I cannot develop this point very far, but if the Bill had not contained this provision about £750,000, we may be sure that an Amendment would have been put down suggesting that some such provision should be made. Nothing which the Government could have presented to the House on this subject would have been acceptable to the Opposition, and every hon. Member opposite knows it. The Opposition have always been frightened of successful free enterprise and have always done everything they could to stultify the success of free enterprise. In trying to carry a vote against the £750,000, combined with something which may arise later in our discussion, they hoped that the Bill would be still-born.
Hon. and right hon. Gentlemen opposite—and I hope that I put them in the right order—have for a long time on this issue been motivated by ideas not their own but ideas which were put into their minds by certain forces in the country which are perhaps not represented in the Chamber—the bishops, or some of the bishops, and some of the peers.
I remind hon. Members opposite, and right hon. Gentlemen if that is any use, that there have been many occasions in this country when this Chamber, this faithful Commons, has stood on its own on a matter of basic principle against the wishes of both the peers and the bishops, and that on almost every occasion when hon. Members have stood on their own and stood by their principles they have done great things for this nation. I cannot vote with the Opposition for this Amendment for the simple reason that I do not like the look of their motives, but I sincerely hope that when the Assistant Postmaster-General replies he will be able to give some assurance about the use to which this money is to be put.
8.30 p.m.
It is highly significant that of eight speakers so far in this debate not one has supported this Motion. The Resolution is typical of the Bill, in that it has no real friends anywhere. We on this side of the Committee are opposed to commercial television in all its forms. On the other side we have hon. Members on the back benches who oppose the public service principle in any form in broadcasting. It was most noticeable in the speech of the hon. Member for Yarmouth (Mr. Fell)—[An HON. MEMBER: "A bit fishy."]—that he had a profound prejudice against education and culture and a strange prejudice against all bishops and peers.
The hon. Member really must not put words in my mouth. I did not have a profound prejudice against education and culture. I have the greatest abhorrence of mediums of entertainment being used by hon. Members opposite to thrust down the throats of the British people the kind of education and culture that they want to promote.
I seriously think that the hon. Member under-estimates the level of the education and culture of the British people. If he had closer acquaintance with some of the subjects about which he has been speaking he would not be so ready to think that the British people have no use for education and culture.
I trust the British people.
So do I.
It is lamentable to think that hon. Members opposite should be so free to tell us that they strongly support the Amendment without having the slightest intention of following their conscience. If we on this side of the Committee felt strongly about a thing like this, we would exert ourselves to get a change from our right hon. Friends if they were on the Government Front Bench.
I include in this modest attack some of the more civilised of hon. Members opposite. I see that the hon. Member for East Aberdeenshire (Sir R. Boothby) is present. I believe that he has had the courage to say that he is against commercial television.
Certainly not.
I hope that at least the the hon. Member will give an example, with his hon. Friend the Member for Yarmouth, by abstaining from voting tonight.
The hon. Member for Devizes (Mr. Hollis), whom I am sorry not to see in his place, put forward the theory that the £750,000 at least did something to keep the Authority out of the clutches of the advertisers, that it kept it clean and prevented the system being wholly dominated by advertisers. But I wonder whether he seriously believes that this system as a whole, including both the Authority and the programme contractors, will have any freedom from advertiser's influence.
Has the hon. Member, for example, seen how advertisers themselves are approaching this Bill? Reference has been made to a recent article in the "Advertiser's Weekly" which set out the ways and means by which the advertising profession proposes to exert its influence and control over television programmes. The Committee should study that article very carefully. It shows one loophole after another in the Bill which permits advertisers to control the programme.
I do not have to remind the Committee that the whole basis of the Government's defence of commercial television has been from the beginning that advertisers would not control the programmes. Over and over again we were given the analogy of the newspapers. Look at the newspapers; we are told they are financed by the advertisers, but the advertisers do not control the news that goes into them. That was the whole defence, especially in the important debate in another place. Had they not been able to make this the basis of their defence, I very much doubt whether the White Paper would have been approved in another place.
Now what do we find? We find under this system that, not only are advertising agents to be permitted to have a financial interest in the programme contracting companies, not only can advertising agents be directors of programme com- panies, not only can any employee of any advertising agency be an employee of a programme contractor, but those who advertise in television who are not advertising agents have no restrictions upon them whatever. They can be members of the Authority; they can be in control of the programme companies. It is perfectly possible for the advertising agencies and their clients to provide all the capital and all the personnel of all the programme companies.
This entitles us to ask the Government, do they still maintain that programmes are not going to be controlled by advertisers? I noticed that in the debate last week, and in the last debate before that, no Government spokesman went back to the pledges made in the past and said that these programmes will be free from advertising control.
Hear, hear.
One of the things to which we shall look forward tonight is a clear affirmation that at least the Government intend that this shall be so, whether or not they can prove that the Bill fulfils their intentions. I noticed that the hon. Member for East Aberdeenshire said "Hear, hear" when I spoke of programmes being free from advertising control. I am not sure on which side he is. If the Government said "What does it matter?" at least they would have something to stand on. If they said that advertising control was in the interest of the British public the Bill would make sense, but they do not say that. They try to give the impression in the Bill that they are trying to prevent control by advertising. We need an assurance tonight that they do not mean that the advertisers should have control and that if loopholes are found the Bill will be amended in Committee.
Of course it does not make any difference if we stop up all the loopholes. Let us assume that we amended the Bill in Committee and there could be no communication of any kind between any advertiser or advertising agent on the one hand and anyone controlling or concerned with the production of programmes on the other hand. Let us assume that we made the Bill watertight in that respect, it would not make any difference. Advertising interests would still dominate programme production be- cause, while the programme contractors' only source of income comes from advertising, they will ask themselves what advertisers want. They will give us the programmes which will bring in the advertising revenue even if, in law, they are prevented from asking the advertiser what he wants. Experience will teach them which programmes bring in most advertising revenue and which programmes bring in the least. Whether they have any contact with advertisers or not, those interests and wishes of the advertisers will be completely dominant from beginning to end.
This applies not only to what kind of programmes we have but to what goes into the programmes, because, in the same way, the programme contractors will ask, not only which programme brings in maximum advertising revenue, but experience will show them what things, when included in programmes, scare off advertising revenue. For example, I was recently discussing with a man who handled the advertising for one of the large food processing businesses in the country. He said—and who should blame him—"I do not mind in the least my advertising being on television, but it must be next to a food programme so that the housewife will be watching. But of course I could not have any food expert praising fresh food in that programme if my advertisement for canned food came at the end of it."
How is that to be dealt with? What will a programme contractor do? He will give the food expert the sack if he says things which frighten off his wealthy customers at the end of the programme. No matter what loopholes in the Bill are closed up, or how watertight the Bill is made, while the money is paid by the advertiser we shall get, as an hon. Member opposite said, the piper calling the tune. That is bound to be so.
That is only one aspect of the Bill, but it is profoundly important. We were asked what would happen if he succeeded in getting this Amendment made. I say frankly that if this money were five or six times more and was raised by licence revenue instead of by the general taxpayer, and if the powers of the Authority were specific and definite instead of vague and illusory, the danger of the Bill would be diminished. But £750,000 is simply and solely a subsidy to the advertisers.
It is difficult to know how this money is to be used. That is something we want to hear from the Government before we part with the Financial Resolution. From looking at the Bill, I think that most of it will go to what are called the "balancing programmes." One of my hon. Friends pointed out extremely well that these are programmes which the advertiser does not find profitable. That is why this money is a subsidy.
In the United States the standard of the television programmes is extremely low, but at least the sponsor has to pay for the system. He pays not only for his individual programmes that bring in a profit. He has to bear the burden of the station's transmissions and programmes indirectly. Here, in Britain, however, the position is different. Here, for those parts of the programme that do not bring in a profit to the advertiser and the programme contractor, it is we, the taxpayers, who will have to foot the Bill.
That is a monstrous thing. It is not even the licence holder who is to pay this money. The licence holder is well enough off to afford a television set, but if the general taxpayer is to pay for television it means that people who cannot afford a television set will be paying for the entertainment of those who can. The proposition makes nonsense. Old-age pensioners who can scarcely get by will pay for the commercial entertainment of the wealthy man with a 17-inch-screen television set. It does not make sense.
Even if it was the licence holder who was to pay, one might feel slightly grudging at having to pay when one can only get one programme, because many will not get a second programme for many years to come. [An HON. MEMBER: "And in Scotland."] In Scotland, too, that will be the case for many years to come. To make the general taxpayer pay the money seems to me to be worse than ever.
There is a great admission here. The Government, to do them justice, seems to have been persuaded on a very vital point. They are giving this Authority the money to produce what are called the "balancing programmes." That is set out clearly in the Bill. This is a great admission. It is an admission that if left to themselves advertising and commercial interests will not give us a balanced television service. That is what we have been saying for years, and for a long time the Government Front Bench spokesmen said, "Let the businessmen run the service; let the advertisers pursue their profit. All they want to do is to please the people, and the people will get the programmes that please them," a sort of elementary Adam Smith approach to television. After months and months of persuasion they have seen the fallacy of that argument, and that, if left to themselves, the advertisers and programme contractors will only produce special types of programmes, and the minority programmes will go to the wall.
May I interrupt the hon. Member to ask if he is now maintaining that the party political machines have left the B.B.C. to manage their own affairs and to make their own station programmes?
The hon. Member ought to know.
The hon. Member is touching upon a subject tender to us both, but not, I think, strictly relevant to this Amendment to the Money Resolution.
Even the Government themselves now admit that if the advertisers and commercial interests are left in charge of this system we shall not get the programmes we want but the programmes which the advertisers want, and that is not the same thing. Therefore they have had to bring in the principle of public service. They have had to give the Corporation the financial resources to produce these balancing programmes.
It is something of a confession that the Government now agree that in order to give the public the programmes it wants they must resort to the principle of public service behind the B.B.C., because that is the meaning of this provision in the Bill to get minority programmes. That does not necessarily mean highbrow programmes. I think my hon. Friend made a mistake when he confused cultural programmes on the one hand with small audience programmes, which are not the isame thing— [Laughter.] No, we get small audience programmes which are not cultural, not because they are bad—I hope the House will follow this—but because they are specialised. Let us take the B.B.C. programme "Science Review," to which the Assistant Postmaster-General referred very favourably some months ago. That programme is extremely popular with a minority of people who particularly like scientific programmes. It has a small "viewer-ship." Or take table tennis, that is not cultural, but it has a small audience, because it is specialised.
If we leave it to the advertisers they will only count the number of heads looking at the programme—or the number of teeth which need cleaning and which smile at the screen. That is the way the advertisers look at a television programme, and that is why minority programmes go under in a system of commercial television.
Would my hon. Friend include the 651,000 people in Wales who speak Welsh and who wish to listen to programmes in Welsh?
That is a most excellent illustration, which I am sure will appeal to the Home Secretary who is responsible for Welsh affairs and who, when he replies, will tell the Welsh people how soon they will get a second programme under the existing scheme.
The commercial system sends the minority programmes to the wall whether they are highbrow or lowbrow, whether they are ballet or table tennis, snooker or science—those programmes which appeal to us because we are individuals and human beings. Those are the programmes which go to the wall. It is the programmes which appeal to a mass of the people, young and old, male and female Welsh or Scots—all of us—whether we are bright or stupid, which commercialism will favour, because they attract the maximum number of people.
The Government agree with this. At first they set out against this theory. They said, as Adam Smith said, "Let the businessman have his head and the public will be served." Or again they said, "Keep the restrictions off the advertiser, keep the restrictions off the commercial broadcaster, and the people will get the programmes they want." That is nonsense, and at long last the Government admit it.
And to enable the public to be served the Authority is to give what are called "balancing programmes."
What does this mean? It means, of course, a subsidy. Whereas in America the sustaining programmes have to be paid for by the commercial interest, in this country the taxpayer finds the money. How absurd it is. This is not even a loan; it is a grant. It is free money paid out to the advertisers. It may not go into the programmes, of course; it may well be used simply to lower the rents of the stations, and there is nothing to prevent that at all.
Can we be assured that the Government will not temper the wind to the shorn advertiser if things do not go too well? The Assistant Postmaster-General already knows the power and the pressure of these commercial advertisement interests. We can see how far the commercial television lobby has got already before it has actually built up its empire, before it has got its own stations and the vested interests behind it—the manufacturers, advertisers and people on its payroll, actors, publicists and even Members of Parliament. Just think of the political pressure of the commercial television lobby once its empire is established.
When we see how they have pushed the Government around from place to place even now, we might well ask ourselves What will they not do when they really get going. These are only some of the reasons in favour of the Amendment and against the Resolution. There are many others, and no doubt there will be a chance to discuss the Money Resolution as a whole when we can express them in more detail.
I oppose this £750,000 because it makes still more unfair the competition of the commercial organisation with the British Broadcasting Corporation. Already the B.B.C. carries the burden of £2 million which the Assistant Postmaster-General himself described as a form of Entertainments Duty. That is bad enough. I have never liked our taking licence money from the B.B.C, whether it was done by my right hon. Friends or by right hon. Gentlemen opposite. However, it is one thing to take the money from the B.B.C.; it is quite another to take part of that same money in order to subsidise a commercial organisation.
All this is done in the name of fair competition. Do hon. Gentlemen remember the days when this was called "competitive television" to make it sound respectable? The hypocrisy of that soon led even the Assistant Postmaster-General to drop the title. He now calls it "commercial television." To suggest that it is competitive when the dice is loaded in favour of the advertising interests right from the start, is a lot of nonsense.
It is not only in that way that the B.B.C. is being subjected to wholly unfair competition. The funds of the B.B.C. are limited, whereas the funds of this outfit are unlimited. One of my hon. Friends gave details of the annual advertising budgets of some of the big firms, such as Shell with more than £500,000 a year to be spent on advertising, the detergents with only just a little less, and many others.
We do not know whether or not this organisation will be profitable, but one thing is certain, and that is that if it works at all the financial resources behind it will be enormous. Where does the B.B.C. stand? How can it possibly compete? There will be a handsome offer to the hon. Member for Aberdeen shire, East (Sir R. Boothby)—
And to the hon. Gentleman. He is in this up to the neck.
In other cases they will be knocking at the wrong door; but the hon. Gentleman will be lost to the great mass of British viewers. Whereas today 3 million sets are switched on to see him, when the second system comes into operation and a lucrative offer is made from advertising funds to the hon. Member what will happen? He will go on to the other circuit which covers only 50 per cent, of the country and which will be received by only about 250,000 sets. Thus, the whole of the B.B.C. coverage will be deprived of one of its favourites.
Will my hon. Friend tell us whether it is intended to introduce an Amendment suggesting a transfer system?
Behind the joke there is a serious implication. How much entertainment talent is there? How many people in the entertainment world really "come across" on television? How many of them will be bought up by the new system and, in effect, removed from the television screens for all practical purposes for three, four or five years? They will never be seen in Wales or Scotland; they will be seen only in three main centres of population. I do not know who will go; perhaps Gilbert Harding. It will mean withdrawing them from circulation for all practical purposes, and the fact that money will be there will be responsible for it.
What will happen to the B.B.C. in these circumstances? Every time the B.B.C. produces new television programmes or new television performers, the commercial organisation will come along and buy them up. It will not experiment on its own; it will simply wait until new ideas or performers appear on the B.B.C. television service and then buy them for its own circuit, and for all practical purposes the new performers or ideas will then be lost from sight. I do do not wish to weary the Committee, but we ought to go a little further on some of these points.
I should like to know, in general, whether the Authority is of a status and calibre to justify public money being given to it. We have to consider its powers and whether it is capable of enforcing its duties. To begin with, its powers are hopelessly vague. Clause 1 says it is the duty of the Authority to give programmes of high quality. Elsewhere the Bill speaks of programmes which are predominantly British and states that they must contain a proper proportion of films. We all know that the Authority's powers are vague and unenforceable.
What happens if the Authority does try to enforce its powers? Let us assume that in spite of all the difficulties in its way it tries to enforce these powers. What will happen? We shall have two sets of people responsible for the standard of programmes on the television screen, the programme contractors on the one hand and the Authority on the other. The Authority will have to have a considerable bureaucracy. It must have people for opening the mail. It is responsible for the standard of programmes—
On a point of order. I was not here at the beginning of the discussion. Could you tell me, Sir Rhys, whether we are now having a general discussion on the Amendment and shall subsequently have no discussion on the Resolution generally?
As I understand the hon. Member's argument, it is that the Authority is one to which no public money should be voted. That relates to the Amendment. However, I feel that the hon. Member is covering rather wide ground.
Perhaps it would be better, Sir Rhys, if I left the wider aspects to the general debate that we shall have when we have dealt with the Amendment.
My point is whether, in view of the vagueness of the Bill and the difficulty of enforcing its powers, the Authority will withdraw and become a rather useless spectator of what will, in fact, be a system of sponsorship, or whether it will try to exercise the powers in the Bill, which I maintain will lead to complete administrative chaos. It is bad enough having to produce a television programme when there is only one master, the B.B.C.—even then it is a tremendously long and complicated process—but to produce a television programme under the Bill which will satisfy the advertiser, the programme contractor and the independent Authority, on the assumption that the Authority asserts itself, will be a nightmare.
The Authority will have to have a big staff if it is to carry out its duties. There will be the opening of the letters which complain about the advertisements, such as, "Dear Sir, Following your advertisement on Sunday evening for soap, my baby has come out in a rash." That kind of letter will pour in to the Authority as soon as it starts. There will be many other letters about the standard of the programmes and about the impartiality or otherwise of the political programme, and a big staff will be needed. But when it comes to enforcing the standard, there will be endless recriminations, arguments and delays, which will finally vitiate the programme. The Authority will prevent bad programmes, the advertisers will prevent good ones, and all that we shall get is what we might call a common-or-garden medium programme at the best.
These are some of the reasons why I feel that we should decline to grant this £750,000 to this organisation. This proposal has no support on either side of the Committee, and we have had no speaker in support of it. The Bill itself is highly unpopular, both among the people and in Parliament, and I hope that there will be an early opportunity of rejecting it.
9.2 p.m.
This has been a good-humoured debate, in which we have strayed into some odd by-ways. The Amendment was moved with great vigour by the right hon. Gentleman the Member for Lewisham, South (Mr. H. Morrison), but I was sorry to hear the hon. Member for Woolwich, East (Mr. Mayhew) impose upon himself the self-denying ordinance in which he said that in no circumstances would he ever appear under the aegis of the Independent Television Authority. I hope that he does not stand by that, because many a man who swore that he would not eat the bread of unrighteousness has subsequently suffered from indigestion, and I hope that will not happen to the hon. Gentleman.
I do not think the hon. Gentleman need worry about the B.B.C. because, in so far as more people are induced to buy television sets and take up the new programmes, the residuary beneficiary of their action will, of course, be the B.B.C.
We cannot accept this Amendment without changing the whole basis of the scheme, and, if we were to accept it, it would certainly destroy this particular means of providing an alternative programme, though it would not destroy commercial television. All we should be doing would be to make programmes more commercial and less of a public service character.
Some of my hon. Friends on this side are prepared to accept this scheme—in fact, they voted for it last Thursday—but believe it to be unnecessarily restrictive and far too much under the control of the Government. They would be in favour of an alternative programme set up without any Government control and without any Government money, either by way of a capital loan to start with or a grant towards current expenses.
I am quite convinced that there are a number of potential programme companies of great repute who, if we were prepared to give them licences to do so, would set up and operate stations on their own without costing the Government a penny piece. That is exactly what happened in Canada and in other parts of the Commonwealth. Such companies would live entirely by advertising revenue, but they would not, of course, be subject to anything like the same control as to what they put over the air.
It would help us in judging this proposition if we knew the people with whom the hon. Gentleman has had conversations. It is really difficult to say whether these people are serious people or not, and I think the hon. Gentleman ought to substantiate that statement.
I am quite ready to substantiate it by giving names. Indeed, I have been asked before to do so, but the reason I did not do so was that, until the stage comes for the signing of the agreements with the programme companies, it would be contrary to all practice to give names. I hope the hon. Gentleman will accept my assurance on the general statement I made. I know that there are companies in this country who would be prepared to set up stations and operate them without a single penny of Government money.
It strikes me as rather odd to see the Opposition line up with the extreme free-enterprise section of the Conservative Party. That is, in effect, what they are doing. The right hon. Member for Lewisham, South said that the granting of the £750,000 was a confession of dismal failure, but it is the case that the proposal to give the new corporation £750,000 arose partly out of the suggestion made by the right hon. Member for Lewisham, South himself in the last debate. [Interruption.] The right hon. Gentleman is wagging his head. I was not going to read out what he said because I thought it would be too embarrassing for him, but I will read it out if he wishes me to do so. He said: [Interruption.] The right hon. Gentleman asked me to read it out, and that is what I am doing. He went on:
This is getting a bit stale. That exact quotation was read the other night. That was not a request to the Government to put their hands in my pocket or to take the licence-holders' money. It is a description of the situation as it was, and I still say that it is substantially true. In fact, this show cannot run on the public money. It must still find the great bulk of its money from advertisers. The argument is still there. If because I pointed out the existing situation the Assistant Postmaster-General can interpret that as an indication to him to put his hand into the taxpayers' pocket and my pocket and take our money out, it is just too bad.
That is a very clever argument. I can quite understand why the right hon. Gentleman did not want me to read out what he said. [HON. MEMBERS: "Oh."] The right hon. Gentleman's complaint was—I think it was a fair complaint—that the proposed Authority would have no money of its and would therefore be absolutely dependent on the advertising revenue of the programme companies. We listened to the right hon. Gentleman. We were impressed by what he said. We thought that he would be rather pleased at that. It is not always that the Government listens as intently to the Opposition as we listened to the right hon. Gentleman in this case.
Even the Chief Whip cannot help laughing.
If the right hon. Gentleman was putting down an Amendment, we thought it would not be an Amendment to take away money from the Authority but to increase the amount. I thought the objection to the scheme was not that the new corporation was getting public money but that it would to a large extent be dependent upon money received by advertising. There are other proposals which might have been laid before the House. One of them, which I am sure would have commanded the support of the party opposite, would have been to set up a second B.B.C., entirely financed by licence revenue. It is true that we should have had to put up the licence fee, but since the responsibility for doing that would not have been on the Opposition, I think they would have supported us.
We decided to adopt this scheme, as I said on Thursday last, partly because it was the cheapest way of giving the British public a second programme, and partly because it does not mean, as the hon. Member for Woolwich, East said just now, building up a large staff, as the B.B.C. have inevitably had to do. The only effect of accepting the Amendment would be to destroy altogether what the right hon. Member for Lewisham, South, himself calls "the element of public service broadcasting." It would make the whole enterprise entirely dependent upon advertising revenue.
Has not the hon. Gentleman overlooked the fact that, although we are seeking to eliminate paragraph (a) from the Money Resolution, there still remains paragraph (c), under which £2 million capital will be provided out of the Consolidated Fund. Some of that money might be used for the same purposes as the £750,000.
I thought that the hon. Gentleman was about to delete that, too, in which case we should find ourselves without anything.
Several hon. Members on both sides of the Committee have asked me what the money is to be used for. That was made clear on Thursday last by my right hon. and learned Friend the Home Secretary. There are two objectives. The first is to maintain a proper balance in the programmes, and not, as an hon. Member suggested, to put on programmes which might not have any advertising value. That was one of the objectives raised in the White Paper last autumn.
The second objective is to put on programmes with which we should not want advertising to be associated, such as State occasions and Royal events. I am sure that no hon. Member of this Committee would want to have advertising associated with such items. It would be quite repugnant to the spirit of this country to have a great State or Royal event associated with advertising. Another item with which, possibly, we should not want advertising associated is the news, which we are bound by pur pledges in the House to present with impartiality, and maybe, even the Children's Hour. Those are the sort of things on which this money would be spent.
The right hon. Gentleman asked me how we had arrived at £750,000, and what was the particular virtue of that sum.
The Assistant Postmaster-General said that in order to ensure impartiality there would be no advertisements connected with the news. Does that also apply to all forms of political-discussion programmes?
I do not propose to do the job for which the Authority is being set up. The hon. Gentleman asked what sort of things we had in mind, but I think I should be going far beyond my duty if I tried to specify them in detail. The Authority may decide to do that, but the point is that we are giving it some money to enable it to do so.
We are laying on this Authority certain definite obligations of impartiality in the presentation of religious matters, in the presentation of the news and in other directions. It is no use doing that unless we are prepared to give it the money with which to carry out those obligations.
One Clause in the Bill says that there should be nothing to link a particular programme with a particular advertiser. If that is the case, and as there is such a large amount of money available to private enterprise, why cannot it be forced to televise great national events quite impartially? Why should it not finance these things?
The hon. Gentleman is talking about forcing advertisers to do this and that. That seems to be repugnant to the whole spirit of the thing.
I come back to the point raised by the right hon. Gentleman about the £750,000. He asked how we had arrived at the figure and what was the idea behind it. I must first make it clear that this is a sum of money up to which the Authority can spend. In other words, the Authority need not spend all of it, or it can spend up to that sum.
The reason we chose £750,000 was that it represented, roughly—and I want this to be taken in that sense—one hour's television a day. We thought that that figure of one hour's television per day should be sufficient for the sort of programmes which I have mentioned and, maybe, provide the balance as well.
Do we understand from that that the Independent Television Authority will be a programme-making body to the extent of one hour a day?
I am just coming to how the money should be spent. The effect of accepting the Amendment would be either to exclude altogether the sort of items about which I have been talking, that is, public service broadcasting—Royal events, national events, and so on—or to run the risk that these items would be associated with advertising, which I think would be repugnant to both sides of the Committee, or wait until the programme companies themselves felt able to do so.
They may well do so. The hon. Gentleman may not be very wrong, after all, when he talks about compelling the companies. Although we do not use that word, it may well be that those programme companies, as they do in other parts of the world, may put on such broadcasts. That is why we made it optional. We wanted to feel that certain types of broadcast could be made to secure a balance—certain types of broadcast which we did not want associated with advertising. In other words, if we were to lay, as we have done, obligations on this Authority to do certain things, we felt it was quite logical to provide it with the money with which to do them.
I must make it clear that this is a grant, not to the programme companies at all, but to the Authority. I do not envisage that the Authority will use this money to equip its own studios or to maintain its own outside broadcasting organisation. I think that it is far more likely to use the money if it wishes to commission, and pay for, a certain type of programme either from some programme company or from some specialised organisation—rather as the B.B.C. does today.
I have never envisaged that this Authority would build round itself either a vast empire of men or a vast number of studios.
In the case of a Royal event or a great State occasion, is the Authority to engage a commercial company to do the filming and all the rest, and pay the company a profit, instead of doing the job itself?
There is nothing wrong in commissioning an outside firm to take pictures for one. I opened something or other the other day and there was a television camera there, but the man was not a B.B.C. man at all; it was a purely commercial concern.
The whole object of the £750,000 is to give the Authority a degree of independence which it would not otherwise have—especially for the types of programme
which we do not want to be associated with advertising. For all those reasons, I regret that we cannot accept the Amendment.
rose in his place and claimed to move, "That the Question be now put."
Question put, "That the Question be now put."
The Committee proceeded to a Division, but one of the doors of the No Lobby not having been locked at the Chairman's direction at the expiration of six minutes, The CHAIRMAN directed the Committee to proceed again to a Division.
Question again put, "That the Question be now put."
The Committee divided: Ayes, 271; Noes, 229.
Division No. 57.] AYES [9.29 p.m. Alport, C. J. M. Crookshank, Capt. Rt. Hon. H. F. C. Harrison, Col. J. H. (Eye) Amory, Rt. Hon. Heathcoat (Tiverton) Crosthwaite-Eyre, Col. O. E. Harvey, Ian (Harrow, E.) Arbuthnot, John Crouch, R. F. Harvie-Watt, Sir George Assheton, Rt. Hon. R. (Blackburn, W.) Crowder, Sir John (Finchley) Hay, John Astor, Hon. J. J. Crowder, Petre (Ruislip—Northwood) Heald, Rt. Hon. Sir Lionel Baker, P. A. D, De la Bère, Sir Rupert Heath, Edward Baldock, Lt.-Cmdr. J. M. Deedes, W. F. Henderson, John (Cathcart) Baldwin, A. E. Digby, S. Wingfield Higgs, J. M. C. Banks, Col. C. Dodds-Parker, A. D. Hill, Dr. Charles (Luton) Barber, Anthony Donaldson, Cmdr. C E. McA. Hinchingbrooke, Viscount Barlow, Sir John Doughty, C. J. A. Hirst, Geoffrey Baxter, A. B. Douglas-Hamilton, Lord Malcolm Holland-Martin, C. J. Beach, Maj. Hicks Drayson, G. B. Hollis, M. C. Bell, Philip (Bolton, E.) Dugdale, Rt. Hon. Sir T. (Richmond) Holt, A. F. Bell, Ronald (Bucks, S.) Duncan, Capt. J. A. L. Hope, Lord John Bennett, F. M. (Reading, N.) Duthie, W. S Hopkinson, Rt, Hon. Henry Bennett, Dr. Reginald (Gosport) Eccles, Rt. Hon. Sir D. M Horobin, I. M. Bennett, William (Woodside) Eden, J. B. (Bournemouth West) Horsbrugh, Rt. Hon. Florence Bevins, J. R. (Toxteth) Elliot, Rt. Hon W. E. Howard, Gerald (Cambridgeshire) Birch, Nigel Erroll, F. J. Howard, Hon. Greville (St. Ives) Bishop, F. P. Fell, A Hudson, Sir Austin (Lewisham, N.) Black, C. W. Finlay, Graeme Hudson, W. R. A. (Hull, N.) Boothby, Sir R. J. G. Fisher, Nigel Hulbert, Wing Cdr. N. J. Bossom, Sir A. C. Fleetwood-Hesketh, R. F Hurd, A. R. Boyd-Carpenter, Rt. Hon. J. A. Fletcher-Cooke, C. Hutchison, Sir Ian Clark (E'b'rgh, W.) Boyle, Sir Edward Ford, Mrs. Patricia Hutchison, James (Scotstoun) Braine, B. R. Fort, R. Hyde, Lt.-Col. H. M. Braithwaite, Sir Albert (Harrow, W.) Foster, John Hylton-Foster, H. B. H. Braithwaite, Sir Gurney Fraser, Hon. Hugh (Stone) Jenkins, Robert (Dulwich) Bromley-Davenport, Lt.-Col. W H. Fraser, Sir Ian (Morecambe & Lonsdale) Johnson, Eric (Blackley) Brooke, Henry (Hampstead) Fyfe, Rt. Hon. Sir David Maxwell Johnson, Howard (Kemptown) Brooman-White, R. C. Galbraith, Rt. Hon. T. D. (Pollok) Jones, A. (Hall Green) Browne, Jack (Govan) Galbraith, T. G. D. (Hillhead) Joynson-Hicks, Hon. L. W Buchan-Hepburn, Rt. Hon. P. G. T. Gammans, L. D. Kaberry, D. Bullard, D. G. Garner-Evans, E. H. Kerby, Capt. H. B. Bullus, Wing Commander E. E. George, Rt. Hon. Maj. G. Lloyd Kerr, H. W. Burden, F. F. A. Glover, D. Lambert, Hon. G. Butcher, Sir Herbert Godber, J. B. Lambton, Viscount Campbell, Sir David Gomme-Duncan, Col. A Lancaster, Col. C. G. Carr, Robert Gough, C. F. H Langford-Holt, J. A. Cary, Sir Robert Gower, H. R. Legge-Bourke, Maj. E. A. H. Channon, H. Grimond, J. Legh, Hon. Peter (Petersfield) Clarke, Col. Ralph (East Grinstead) Grimston, Hon. John (St Albans) Lennox-Boyd, Rt. Hon. A. T. Clarke, Brig. Terence (Portsmouth, W.) Grimston, Sir Robert (Westbury) Lindsay, Martin Cole, Norman Hall, John (Wycombe) Linstead, Sir H. N. Colegate, W. A. Harden, J. R. E. Llewellyn, D. T. Conant, Maj. R. J. E Hare, Hon. J. H. Lloyd, Rt. Hon. G. (King's Norton) Cooper-Key, E. M. Harris, Frederic (Croydon, N.) Lloyd, Rt. Hon. Selwyn (Wirral) Craddock, Beresford (Spelthorne) Harris, Reader (Heston) Lockwood, Lt.-Col J. C Longden, Gilbert Page, R. G. Stanley, Capt. Hon. Richard Low, A. R. W. Peake Rt. Hon. O Stevens, G. P. Lucas, Sir Jocelyn (Portsmouth, S.) Perkins, Sir Robert Steward, W. A. (Woolwich, W.) Lucas, P. B (Brentford) Peto, Brig. C. H. M. Stoddart-Scott, Col. M. Lucas-Tooth, Sir Hugh Peyton, J. W. W. Storey, S. Lyttelton, Rt. Hon. O. Pickthorn, K. W. M. Strauss, Henry (Norwich, S.) McAdden, S. J. Pilkington, Capt. R. A. Studholme, H. G. McCorquodale, Rt. Hon. M. S. Pitt, Miss E. M. Summers, G. S. Macdonald, Sir Peter Powell, J. Enoch Sutcliffe, Sir Harold McKibbin, A. J. Price, Henry (Lewisham, W.) Taylor, Sir Charles (Eastbourne) Mackie, J. H. (Galloway) Prior-Palmer, Brig. O. L. Taylor, William (Bradford, N.) Maclean, Fitzroy Profumo, J. D. Teeling, W. Macleod, Rt. Hon. Iain (Enfield, W.) Raikes, Sir Victor Thomas, Rt. Hon. J. P. L. (Hereford) Macmillan, Rt. Hon. Harold (Bromley) Ramsden, J. E. Thomas, Leslie (Canterbury) Macpherson, Niall (Dumfries) Rayner, Brig. R. Thompson, Kenneth (Walton) Maitland, Comdr. J. F. W. (Horncastle) Redmayne, M. Thompson, Lt.-Cdr. R. (Croydon, W.) Maitland, Patrick (Lanark) Rees-Davies, W. R. Thornton-Kemsley, Col. c. N. Manningham-Buller, Sir R. E. Remnant, Hon. P. Tilney, John Markham, Major Sir Frank Renton, D. L. M. Touche, Sir Gordon Marlowe, A. A. H. Ridsdale, J. E. Turner, H. F. L. Maude, Angus Roberts, Peter (Heeley) Turton, R. H. Maudling, R. Robertson, Sir David Tweedsmuir, Lady Maydon, Lt.-Comdr. S. L. C. Robinson, Roland (Blackpool, S.) Vane, W. M. F. Medlicott, Brig. F. Robson-Brown, W. Vaughan-Morgan, J. K. Mellor, Sir John Rodgers, John (Sevenoaks) Wakefield, Edward (Derbyshire, W.) Molson, A. H. E. Roper, Sir Harold Wakefield, Sir Wavell (St. Marylebone) Moore, Sir Thomas Ropner, Col. Sir Leonard Walker-Smith, D. C. Morrison, John (Salisbury Russell, R. S. Wall, Major P. H. B. Mott-Radclyffe, C. E. Ryder, Capt. R. E. D. Ward, Hon. George (Worcester) Nabarro, G. D. N. Sandys, Rt. Hon. D. Ward, Miss I. (Tynemouth) Neave, Airey Schofield, Lt.-Col. W. Waterhouse, Capt. Rt. Hon. C. Nicholls, Harmar Scott, R. Donald Watkinson, H. A. Nicholson, Godfrey (Farnham) Scott-Miller, Cmdr. R. Webbe, Sir H. (London & Westminster) Nicolson, Nigel (Bournemouth, E.) Shepherd, William Wellwood, W. Nield, Basil (Chester) Simon, J. E. S. (Middlesbrough, W.) Williams, Rt. Hon. Charles (Torquay) Noble, Cmdr. A. H. P. Smithers, Sir Waldron (Orpington) Williams, Sir Herbert (Croydon, E.) Nugent, G. R. H. Smyth, Brig. J. G. (Norwood) Williams, R. Dudley (Exeter) Nutting, Anthony Snadden, W. McN. Wills, G. Oakshott, H. D. Soames, Capt. C. Wilson, Geoffrey (Truro) Odey, G. W. Spearman, A. C. M. Wood, Hon. R. O'Neill, Hon. Phelim (Co. Antrim, N.) Speir, R. M. TELLERS FOR THE AYES: Osborne, C. Spens, Rt. Hon. Sir P. (Kensington, S.) Sir Cedric Drewe and Mr. Vosper.
NOES Acland, Sir Richard Crosland, C. A. R. Hannan, W. Adams, Richard Crossman, R. H. S. Hardy, E. A. Albu, A. H. Cullen, Mrs. A. Harrison, J. (Nottingham, E.) Allen, Scholefield (Crewe) Daines, P. Hastings, S. Attlee, Rt. Hon. C. R. Darling, George (Hillsborough) Hayman, F. H. Awbery, S. S. Davies, Ernest (Enfield, E.) Henderson, Rt. Hon. A. (Rowley Regis) Barnes, Rt. Hon. A. J. Davies, Harold (Leek) Hewitson, Capt. M. Bellenger, Rt. Hon. F. J. de Freitas, Geoffrey Hobson, C. R. Bence, C. R. Deer, G. Holman, P. Benn, Hon. Wedgwood Delargy, H. J. Holmes, Horace Benson, G. Dodds, N. N. Houghton, Douglas Beswick, F. Donnelly, D. L. Hoy, J. H. Blackburn, F. Driberg, T. E. N. Hudson, James (Ealing, N.) Blenkinsop, A. Dugdale, Rt. Hon. John (W. Bromwich) Hughes, Cledwyn (Anglesey) Blyton, W. R. Ede, Rt. Hon. J. C. Hughes, Emrys (S. Ayrshire) Boardman, H. Edelman, M. Hughes, Hector (Aberdeen, N.) Bottomley, Rt. Hon. A. G. Edwards, Rt. Hon. John (Brighouse) Hynd, J. B. (Attercliffe) Bowden, H. W. Edwards, Rt. Hon. Ness (Caerphilly) Irvine, A. J. (Edge Hill) Bowles, F. G. Edwards, W. J. (Stepney) Irving, W. J. (Wood Green) Braddock, Mrs. Elizabeth Evans, Albert (Islington, S.W.) Isaacs, Rt. Hon G. A. Brockway, A. F. Evans, Edward (Lowestoft) Janner, B. Brook, Dryden (Halifax) Evans, Stanley (Wednesbury) Jay, Rt. Hon. D. P. T Broughton, Dr. A. D. D. Fernyhough, E. Jeger, George (Goole) Brown, Rt. Hon. George (Belper) Finch, H. J. Jeger, Mrs. Lena Brown, Thomas (Ince) Fletcher, Eric (Islington, E.) Jenkins, R. H. (Stechford) Butler, Herbert (Hackney, S.) Follick, M. Johnson, James (Rugby) Callaghan, L. J. Foot, M. M. Jones, David (Hartlepool) Carmichael, J. Freeman, Peter (Newport) Jones, T. W. (Merioneth) Castle, Mrs. B. A Gibson, C. W. Keenan, W. Champion, A. J Gooch, E. G. Kenyon, C. Chapman, W. D. Greenwood, Anthony (Rossendale) Key, Rt. Hon. C. W. Chetwynd, G. R. Grenfell, Rt. Hon. D. R. King, Dr. H. M. Clunie, J Grey, C. F. Lever, Harold (Cheetham) Coldrick, W. Griffiths, David (Rother Valley) Lewis, Arthur Collick, P. H. Griffiths, Rt. Hon. James (Llanelly) Lipton, Lt.-Col. M. Corbet, Mrs. Freda Hall, Rt. Hon. Glenvil (Colne Valley) Logan, D. G. Cove, W. G. Hall, John T. (Gateshead, W.) McGhee, H. G. Craddock, George (Bradford, S.) Hamilton, W. W. McKay, John (Wallsend) McLeavy, F Price, Philips (Gloucestershire, W.) Taylor, John (West Lothian) MacPherson, Malcolm (Stirling) Proctor, W. T. Taylor, Rt. Hon. Robert (Morpeth) Mallalieu, E. L. (Brigg) Pryde, D. J. Thomas, George (Cardiff) Mallaliau, J. P. W. (Huddersfield, E.) Pursey, Cmdr. H. Thomas, Iorwerth (Rhondda, W.) Mann, Mrs. Jean Reeves, J. Thomas, Ivor Owen (Wrekin) Marquand, Rt. Hon. H. A. Reid, Thomas (Swindon) Thomson, George (Dundee, E.) Mason, Roy Reid, William (Camlachie) Thornton, E. Mayhew, C. P. Rhodes, H. Tomney, F. Mellish, R. J. Robens, Rt. Hon. A. Turner-Samuels, M. Messer, Sir F. Roberts, Albert (Normanton) Ungoed-Thomas, Sir Lynn Mikardo, Ian Roberts, Goronwy (Caernarvon) Viant, S. P. Mitchison, G. R. Robinson, Kenneth (St. Pancras, N.) Wallace, H. W. Monslow, W. Rogers, George (Kensington, N.) Warbey, W. N. Moody, A. S. Ross, William Watkins, T. E. Morgan, Dr. H. B. W. Royle, C. Webb, Rt. Hon M. (Bradford, C.) Morley, R. Shackleton, E. A. A. Weitzman, D. Morris, Percy (Swansea, W.) Shawcross, Rt. Hon. Sir Hartley Wells, Percy (Faversham) Morrison, Rt. Hon. H. (Lewisham, S.) Shinwell, Rt. Hon. E. Wells, William (Walsall) Mort, D. L. Short, E. W. West, D. G. Moyle, A. Shurmer, P. L. E. Wheeldon, W. E. Mulley, F. W. Silverman, Julius (Erdington) White, Mrs. Eirene (E. Flint) Murray, J. D. Silverman, Sydney (Nelson) White, Henry (Derbyshire, N.E.) Neal, Harold (Bolsover) Simmons, C. J. (Brierley Hill) Whiteley, Rt. Hon. W. Noel-Baker, Rt. Hon. P. J. Skeffington, A. M. Wigg, George O'Brien, T. Slater, J. (Durham, Sedgefield) Wilcock, Group Capt. C. A. B Oliver, G. H. Smith, Ellis (Stoke, S.) Wilkins, W. A. Orbach, M. Smith, Norman (Nottingham, S.) Willey, F. T. Oswald, T. Snow, J. W. Williams, David (Neath) Padley, W. E. Sorensen, R. W. Williams, Ronald (Wigan) Paling, Rt. Hon. W. (Dearne Valley) Sparks, J. A. Williams, Rt. Hon. Thomas (Don V'll'y) Paling, Will T. (Dewsbury) Steele, T. Williams, W. R. (Droylsden) Palmer, A. M. F. Stewart, Michael (Fulham, E.) Wilson, Rt. Hon. Harold (Huyton) Pargiter, G. A. Strachey, Rt. Hon. J. Winterbottom, Ian (Nottingham, C.) Parker, J. Strauss, Rt. Hon. George (Vauxhall) Winterbottom, Richard (Brightside) Parkin, B. T. Stross, Dr. Barnett Wyatt, W. L. Peart, T. F. Summerskill, Rt. Hon. E. Yates, V. F. Plummer, Sir Leslie Swingler, S. T. Younger, Rt. Hon. K. Popplewell, E. Sylvester, G. O. Price, J. T. (Westhoughton) Taylor, Bernard (Mansfield) TELLERS FOR THE NOES: Mr. Pearson and Mr. Arthur Allen.
Question put accordingly, "That the words proposed to be left out stand part of the Question."
The Committee divided: Ayes, 272 Noes, 230.
Division No. 58] AYES [9.39 p.m. Alport, C. J. M. Butcher, Sir Herbert Fletcher, Sir Walter (Bury) Amory, Rt. Hon. Heathcoat (Tiverton) Campbell, Sir David Fletcher-Cooke, C. Arbuthnot, John Carr, Robert Ford, Mrs. Patricia Assheton, Rt. Hon. R. (Blackburn, W.) Cary, Sir Robert Fort, R. Astor, Hon. J. J. Channon, H. Foster, John Baker, P. A. D. Clarke, Col. Ralph (East Grinstead) Fraser, Hon. Hugh (Stone) Baldock. Lt.-Cmdr. J. M. Clarke, Brig. Terence (Portsmouth, W.) Fraser, Sir Ian (Morecambe & Lonsdale) Baldwin, A. E. Cole, Norman Fyfe, Rt. Hon. Sir David Maxwell Banks, Col. C. Colegate, W. A. Galbraith, Rt. Hon. T. D. (Pollok) Barber, Anthony Conant, Maj. R. J. E. Galbraith, T. G. D. (Hillhead) Barlow, Sir John Cooper-Key, E. M. Gammans, L. D. Baxter, A. B. Craddock, Beresford (Spelthorne) Garner-Evans, E. H. Beach, Maj. Hicks Crookshank, Capt. Rt. Hon. H. F. C. George, Rt. Hon. Maj. G. Lloyd Bell, Philip (Bolton, E.) Crosthwaite-Eyre, Col. O. E. Glover, D. Bell, Ronald (Bucks, S.) Crouch, R. F. Godber, J. B. Bennett, F. M. (Reading, N.) Crowder, Sir John (Finchley) Gomme-Duncan, Col. A Bennett, Dr. Reginald (Gosport) Crowder, Petre (Ruislip—Northwood) Gough, C. F. H. Bennett, William (Woodside) De la Bère, Sir Rupert Gower, H. R. Bevins, J. R. (Toxteth) Deedes, W. F. Grimond, J. Birch, Nigel Digby, S. Wingfield Grimston, Hon. John (St. Albans) Bishop, F. P. Dodds-Parker, A. D. Grimston, Sir Robert (Westbury) Black, C. W. Donaldson, Cmdr. C. E. McA. Hall, John (Wycombe) Boothby, Sir R. J. G. Doughty, C. J. A. Harden, J. R. E. Bossom, Sir A. C. Douglas-Hamilton, Lord Malcolm Hare, Hon. J. H. Boyd-Carpenter, Rt. Hon. J. A. Drayson, G. B. Harris, Frederic (Croydon, N.) Boyle, Sir Edward Drewe, Sir C. Harris, Reader (Heston) Braine, B. R. Dugdale, Rt. Hon. Sir T. (Richmond) Harrison, Col. J. H. (Eye) Braithwaite, Sir Albert (Harrow, W.) Duncan, Capt. J. A. L. Harvey, Ian (Harrow, E.) Braithwaite, Sir Gurney Duthie, W. S. Harvie-Watt, Sir George Bromley-Davenport, Lt.-Col. W. H. Eccles, Rt. Hon. Sir D. M. Hay, John Brooke, Henry (Hampstead) Eden, J. B. (Bournemouth, West) Heald, Rt. Hon. Sir Lionel Brooman-White, R. C. Elliot, Rt. Hon. W. E. Heath, Edward Browne, Jack (Govan) Erroll, F. J. Henderson, John (Cathcart) Buchan-Hepburn, Rt. Hon. P. G. T. Fell, A. Higgs, J. M. C. Bullard, D. G. Finlay, Graeme Hill, Dr. Charles (Luton) Bullus, Wing Commander E. E. Fisher, Nigel Hinchingbrooke, Viscount Burden, F. F. A. Fleetwood-Hesketh, R. F Hirst, Geoffrey. Holland-Martin, C. J. Manningham-Buller, Sir R. E. Schofield, Lt -Col. W Hollis, M. C. Markham, Major Sir Frank Scott R. Donald Holt, A. F. Marlowe, A. A. H. Scott-Miller, Cmd.- R. Hope, Lord John Maude, Angus Shepherd, William Hopkinson, Rt. Hon. Henry Maudling, R. Simon, J. E. S. (Middlesbrough, W.) Horobin, I. M. Maydon, Lt.-Comdr. S. L. C Smithers, Sir Waldron (Orpington) Horsbrugh, Rt. Hon. Florence Medlicott, Brig. F Smyth, Brig. J. G. (Norwood) Howard, Gerald (Cambridgeshire) Mellor, Sir John Snadden, W. McN. Howard, Hon. Greville (St. Ives) Molson, A. H. E. Soames, Capt. C Hudson, Sir Austin (Lewisham, N.) Moore, Sir Thomas Spearman, A. C. M. Hudson, W. R. A. (Hull, N.) Morrison, John (Salisbury) Speir, R. M. Hulbert, Wing Cdr. N. J. Mott-Radclyffe, C. E. Spens, Rt. Hon. Sir P. (Kensington, S.) Hurd, A. R. Nabarro, G. D. N. Stanley, Capt. Hon. Richard Hutchison, Sir Ian Clark (E'b'rgh, W.) Neave, Airey Stevens, G. P. Hutchison, James (Scotstoun) Nicholls, Harmar Steward, W. A. (Woolwich, W.) Hyde, Lt.-Col. H. M. Nicholson, Godfrey (Farnham) Stoddart-Scott, Col. M. Hylton-Foster, H. B. H. Nicolson, Nigel (Bournemouth, E.) Storey, S. Jenkins, Robert (Dulwich) Nield, Basil (Chester) Strauss, Henry (Norwich, S.) Johnson, Eric (Blackley) Noble, Cmdr. A. H. P. Studholme, H. G. Johnson, Howard (Kemptown) Nugent, G. R. H. Summers, G. S. Jones, A. (Hall Green) Nutting, Anthony Sutcliffe, Sir Harold Joynson-Hicks, Hon. L. W. Oakshott, H. D. Taylor, Sir Charles (Eastbourne) Kaberry, D. Odey, G. W. Taylor, William (Bradford, N.) Kerby, Capt. H. B. O'Neill, Hon. Phelim (Co. Antrim, N.) Teeling, W. Kerr, H. W. Osborne, C. Thomas, Rt. Hon. J. P. L. (Hereford) Lambert, Hon. G. Page, R. G. Thomas, Leslie (Canterbury) Lambton, Viscount Peake, Rt. Hon. O. Thompson, Kenneth (Walton) Lancaster, Col. C. G. Perkins, Sir Robert Thompson, Lt.-Cdr. R. (Croydon, W.) Langford-Holt, J. A. Peto, Brig. C. H. M. Thornfon-Kemsley, Col. C. N. Legge-Bourke, Maj. E. A. H. Peyton, J. W. W. Tilney, John Lennox-Boyd, Rt. Hon A. T Pickthorn, K. W. M. Touche, Sir Gordon Lindsay, Martin Pilkington, Capt. R. A Turner, H. F. L. Linstead, Sir H. N. Pitt, Miss E. M. Turton, R. H. Llewellyn, D. T. Powell, J. Enoch Tweedsmuir, Lady Lloyd, Rt. Hon. G. (King's Norton) Price, Henry (Lewisham, W) Vane, W. M. F. Lloyd, Rt. Hon. Selwyn (Wirral) Prior-Palmer, Brig. O. L. Vaughan-Morgan, J. K. Lockwood, Lt.-Col. J. C. Profumo, J. D. Vosper, D. F. Longden, Gilbert Raikes, Sir Victor Wakefield, Edward (Derbyshire, W.) Low, A. R. W. Ramsden, J. E. Wakefield, Sir Wavell (St. Marylebone) Lucas, Sir Jocelyn (Portsmouth, S.) Rayner, Brig. R Walker-Smith, D. C. Lucas, P. B. (Brentford) Redmayne, M Wall, P. H. B. Lucas-Tooth, Sir Hugh Rees-Davies, W. R Ward, Hon. George (Worcester) Lyttelton, Rt. Hon. O. Remnant, Hon. P. Ward, Miss I. (Tynemouth) McAdden, S. J. Renton, D. L. M. Waterhouse, Capt. Rt. Hon. C. McCorquodale, Rt. Hon. M. S Ridsdale, J. E. Watkinson, H. A. Macdonald, Sir Peter Roberts, Peter (Heeley) Webbe, Sir H. (London & Westminster) McKibbin, A. J. Robertson Sir David Wellwood, W. Mackie, J. H. (Galloway) Robinson, Roland (Blackpool, S.) Williams, Rt. Hon. Charles (Torquay) Maclean, Fitzroy Robson-Brown, W Williams, Sir Herbert (Croydon, E.) Macleod, Rt. Hon. Iain (Enfield, W.) Rodgers, John (Sevenoaks) Williams, R. Dudley (Exeter) Macmillan, Rt. Hon. Harold (Bromley) Roper, Sir Harold Wilson, Geoffrey (Truro) Macpherson, Niall (Dumfries) Ropner, Col Sir Leonard Wood, Hon. R. Maitland, Comdr. J. F. W. (Horncastle) Russell, R. S. Maitland, Patrick (Lanark) Ryder, Capt. R. E. D TELLERS FOR THE AYES: Sandys, Rt. Hon D Mr. Wills and Mr. Legh.
NOES Acland, Sir Richard Brown, Thomas (Ince) Donnelly, D. L. Adams, Richard Butler, Herbert (Hackney, S.) Driberg, T. E. N. Albu, A. H. Callaghan, L. J. Dugdale, Rt. Hon. John (W. Bromwich) Allen, Scholefield (Crewe) Carmichael, J. Ede, Rt. Hon. J. C. Attlee, Rt. Hon. C. R. Castle, Mrs. B. A. Edelman, M. Awbery, S. S. Champion, A. J. Edwards, Rt. Hon. John (Brighouse) Barnes, Rt. Hon. A. J. Chapman, W. D. Edwards, Rt. Hon. Ness (Caerphilly) Bellenger, Rt. Hon. F. J. Chetwynd, G. R. Edwards, W. J. (Stepney) Bence, C. R. Clunie, J. Evans, Albert (Islington, S.W.) Benn, Hon. Wedgwood Coldrick, W. Evans, Edward (Lowestoft) Benson, G. Collick, P. H. Evans, Stanley (Wednesbury) Beswick, F. Corbet, Mrs. Freda Fernyhough, E. Bing, G. H. C. Cove, W. G. Finch, H. J. Blackburn, F. Craddock, George (Bradford S.) Fletcher, Eric (Islington, E.) Blenkinsop, A. Crosland, C. A. R. Follick, M. Blyton, W. R. Crossman, R. H. S. Foot, M. M. Boardman, H. Cullen, Mrs. A. Freeman, Peter (Newport) Bottomley, Rt. Hon. A. G. Daines, P. Gibson, C. W. Bowden, H. W. Darling, George (Hillsborough) Gooch, E. G. Bowles, F. G. Davies, Ernest (Enfield, E.) Greenwood, Anthony (Rossendale) Braddock, Mrs. Elizabeth Davies, Harold (Leek) Grenfell, Rt. Hon. D. R. Brockway, A. F. de Freitas, Geoffrey Grey, C. F. Brook, Dryden (Halifax) Deer, G. Griffiths, David (Rother Valley) Broughton, Dr. A. D. D. Delargy, H. J. Griffiths, Rt. Hon. James (Llanelly) Brown, Rt. Hon. George (Belper) Dodds, N. N. Hall, Rt. Hon. Glenvil (Colne Valley) Hall, John T. (Gateshead, W.) Moody, A. S. Snow, J. W. Hamilton, W. W. Morgan, Dr. H. B. W Sorensen, R. W Hannan, W. Morley, R. Sparks, J. A. Hardy, E. A. Morris, Percy (Swansea, W.) Steele, T. Harrison, J. (Nottingham, E.) Morrison, Rt. Hon. H. (Lewisham, S.) Stewart, Michael (Fulham, E.) Hastings, S. Mort, D. L. Strachey, Rt. Hon. J. Hayman, F. H. Moyle, A. Strauss, Rt. Hon. George (Vauxhall) Henderson, Rt. Hon. A. (Rowley Regis) Mulley, F. W Stross, Dr. Barnett Hewitson, Capt. M Murray, J. D. Summerskill, Rt. Hon. E Hobson, C. R. Neal, Harold (Bolsover) Swingler, S. T. Holman, P. Noel-Baker, Rt. Hon. P. J Sylvester, G. O. Holmes, Horace O'Brien, T. Taylor, Bernard (Mansfield) Houghton, Douglas Oliver, G. H Taylor, John (West Lothian) Hoy, J. H. Orbach, M. Taylor, Rt. Hon. Robert (Morpeth) Hudson, James (Ealing, N.) Oswald, T. Thomas, George (Cardiff) Hughes, Cledwyn (Anglesey) Padley, W. E. Thomas, Iorwerth (Rhondda, W.) Hughes, Emrys (S. Ayrshire) Paling, Rt. Hon. W. (Dearne Valley) Thomas, Ivor Owen (Wrekin) Hughes, Hector (Aberdeen, N.) Paling, Will T. (Dewsbury) Thomson, George (Dundee, E.) Hynd, J. B. (Attercliffe) Palmer, A. M. F Thornton, E. Irvine, A. J. (Edge Hill) Pargiter, G. A. Tomney, F. Irving, W. J. (Wood Green) Parker, J. Turner-Samuels, M. Isaacs, Rt. Hon. G. A. Parkin, B. T Ungoed-Thomas, Sir Lynn Janner, B. Peart, T. F. Viant, S. P. Jay, Rt. Hon. D. P. T Plummer, Sir Leslie Wallace, H. W. Jeger, George (Goole) Popplewell, E. Warbey, W. N. Jeger, Mrs. Lena Price, J. T. (Westhoughton) Watkins, T. E. Jenkins, R. H. (Stechford) Price, Philips (Gloucestershire, W.) Webb, Rt. Hon. M. (Bradford, C.) Johnson, James (Rugby) Proctor, W. T. Weitzman, D. Jones, David (Hartlepool) Pryde, D. J. Wells, Percy (Faversham) Jones, T. W. (Merioneth) Pursey, Cmdr. H Wells, William (Walsall) Keenan, W. Reeves, J. West, D. G. Kenyon, C. Reid, Thomas (Swindon) Wheeldon, W. E. Key, Rt. Hon. C. W Reid, William (Camlachie) White, Mrs. Eirene (E. Flint) King, Dr. H. M. Rhodes, H White, Henry (Derbyshire, N.E.) Lever, Harold (Cheetham) Robens, Rt. Hon. A Whiteley, Rt. Hon. W. Lewis, Arthur Roberts, Albert (Normanton) Wigg, George Lipton, Lt.-Col. M Roberts, Goronwy (Caernarvon) Wilcock, Group Capt. C. A. B Logan, D. G Robinson, Kenneth (St. Pancras, N.) Wilkins, W. A. McGhee, H. G. Rogers, Georga (Kensington, N.) Willey, F. T. McKay, John (Wallsend) Ross, William Williams, David (Neath) McLeavy, F. Royle C. Williams, Ronald (Wigan) MacPherson, Malcolm (Stirling) Shackleton, E. A. A Williams, Rt. Hon. Thomas (Don V'll'y) Mallalieu, E. L. (Brigg) Shawcross, Rt Hon. Sir Hartley Williams, W. R. (Droylsden) Mallalieu, J. P. W. (Huddersfield, E.) Shinwell, Rt. Hon. E. Wilson, Rt. Hon. Harold (Huyton) Mann, Mrs. Jean Short, E. W. Winterbottom, Ian (Nottingham, C.) Marquand, Rt. Hon H. A Shurmer, P. L. E. Winterbottom, Richard (Brightside) Mason, Roy Silverman, Julius (Erdington) Wyatt, W. L. Mayhew, C. P. Silverman, Sydney (Nelson) Yates, V. F. Mellish, R. J. Simmons, C. J. (Brierley Hill) Younger, Rt. Hon. K. Messer, Sir F. Skeffington, A. M. Mikardo, Ian Slater, J. (Durham, Sedgefield) TELLERS FOR THE NOES: Mitchison, G. R Smith, Ellis (Stoke, S.) Mr. Pearson and Mr. Arthur Allen. Monslow, W. Smith, Norman (Nottingham, S.)
The next Amendment, in the name of the hon. Member for Preston, South (Mr. Shackleton), is out of order. Mr. Ness Edwards.
Would you care, Sir Charles, to give your reasons for non-selection of my Amendment. [HON. MEMBERS: "No."] I understand that it is perfectly in order for me to ask your reasons.
I did not say that the Amendment has not been selected but that it was out of order. It is out of order because it changes the method of financing from that recommended by the Crown. It seeks to leave out "payment." and to insert "advance," and that would be a change in the conditions of what has been proposed.
With great respect, Sir Charles, I should like to draw your attention to Erskine May, chapter XXVI, in which the procedure on Amendments relating to Money Resolutions is laid down, and where it is stated:
"The approval or the reduction of the expenditure under consideration, or an increase in the stringency of the terms and conditions of the charge thereby created, are the matters specially entrusted to such a committee, and to these objects amendments are directed."
I should like to draw attention to the fact that this House has always taken a rather dim view of the operation of this procedure—
Is the hon. Gentleman quoting from page 749?
It is page 748 in my edition—I was expressing my own opinion and not quoting when I said that the House took a dim view of that.
I understand that it is in order for the Committee to interfere with the Queen's Recommendation to the extent of striking out all the money that it is proposed should be voted, or equally of reducing it. But apparently it is not in order to say merely that it shall be repaid. That was the object of my Amendment. I am sure that the Leader of the House took a distinguished part in the discussions before the war on the question of the Money Resolution and the activities of the prewar Governments in narrowing discussion on it, and I hope that he will give some consideration to this point.
I wish in particular to draw attention to the undertaking given in this House that the Government of the day would draw the Money Resolution in such terms as to allow of reasonable amendment within this broad proposition. I think this is a point of some substance, and I suggest, Sir Charles, that you should reconsider your Ruling.
I have given a lot of consideration to this matter. If the hon. Member will look at the next page of Erskine May, he will find that this Amendment would alter the conditions under which the Queen's Recommendation was given, and therefore it is out of order. It is correct that the amount of money may be reduced, but we cannot alter the conditions.
Further to that point of order. [HON. MEMBERS: "No."] Yes, what is the matter with hon. Gentlemen opposite? Are they trying to gag the House of Commons from doing its duty? They are wrong.
I have always understood that the fundamental point about Money Resolutions was that Ministers of the Crown with proper approval may move to increase the expenditure, whereas the House, as against the Government, can seek a reduction. The question is whether, on that point, this is an increase or a reduction. In so far as it substitutes that this be a loan repayable instead of an outright payment, it is in the nature of a lesser liability than a payment would be. On the general doctrine, I should have thought that was right.
I did not think that the Committee was absolutely bound to follow the particular form of the expenditure recommended by a Minister on behalf of the Crown. I submit that this is, so to speak, restrictive in spirit on an expenditure and is therefore worthy of consideration as to whether it is consistent with the fundamental doctrine of the relations between the Crown and Parliament as to finance.
The right hon. Gentleman is quite right in saying that the Committee can reduce the amount of expenditure. He is also quite right m saying that only a Minister of the Crown can move to have money spent. But it is laid down quite clearly that we cannot alter the conditions. In this case we seek to change the conditions, and in my opinion that is out of order. I have given a great deal of thought to this matter and I cannot allow it to be argued any further. I have put the point perfectly clearly, that this is a matter of altering the conditions, and that cannot be done.
May I submit with respect that the use of the word "condition" in this connection can be a little misleading. One can quite understand that if the proposal is to grant a certain sum of money, that is a Royal prerogative, and the rule has always been that the Committee cannot impose conditions upon such a grant. If that were the true meaning of the Amendment one could follow the Ruling without difficulty, but surely the real effect of the Amendment is not to impose a condition upon the grant. The true meaning is that the grant shall not be made. There is all the difference in the world between a grant of money and a loan of money.
I submit that it is an abuse of language to say that to convert a grant into a loan is to impose a condition upon a grant. Once it has become a loan it has ceased to be a grant either conditional or unconditional. The true meaning of the Amendment is that the Committee wishes to vote against the grant and to substitute some other method.
That may be, but it is clear that if this Amendment means anything it means that there should be a change in the method of financing from that which the Crown recommended. Therefore, it is out of order.
9.57 p.m.
I beg to move, to leave out paragraph (c) .
We now come to the third bulk of money to be spent under the money Resolution. The first is the £750,000 grant, the second is the amount to be provided for the Postmaster-General for his running expenses, and this paragraph deals with a loan of £2 million over five years with the condition that £1 million shall be loaned to the independent television authority in the first year.
It is interesting to see where the money comes from and how the mind of the Treasury has operated. In a previous debate, the Assistant Postmaster-General indicated how the money was to be found:
It looks as if the Chancellor said, "You can increase the television licence fee by £1 a year and in that way you can meet the financial needs of this Authority." In that sense, the actual cost to the Exchequer is negligible, the whole of the money being found from the television licence fees. I should like to know whether that is the reasoning behind this provision. I understand that £750,000 is for programme liabilities and that the £2 million is for capital investment, for transmitters, studios, studio equipment, cameras and things of that sort which are necessary for the actual establishment of a station.
Provision is made for that in the Bill, and I want to know whether or not this capital sum is to be made available for these purposes. It is no use saying in the Bill that the money is to be provided for the building of transmitters and studios and the provision of studio equipment and then to assure hon. Members opposite that it will not be used in that way. If it is not going to be used in that way, we ought to be told now. The Bill provides that the money shall be used not only for transmitters but also for the other things which I have mentioned.
A number of reasons have been put forward for the inclusion of this provision. We are told that it will enable the Independent Television Authority to have some independence and that it has been inserted because of a powerful speech by my right hon. Friend. On the other hand, I take it that the bishops and the peers will have been informed that this provision has been inserted as a result of their representations. I wonder which is right.
Let me carry it a step further. We might also be told whether or not the hon. Gentleman has put it to the friends of hon. Members opposite that this would relieve them of the obligation to provide a substantial amount of capital in a fixed form which is not easily realisable if they lose their licences. Is it the view of the Assistant Postmaster-General that giving the Independent Television Authority control of the physical apparatus will give it some control of what is transmitted over it? If that is the hon. Gentleman's explanation to us, what explanation does he offer to his hon. Friends, because he assures them that the Government do not intend to exercise any influence over the advertisers or the programme companies and that the Authority is to be utterly and completely independent?
If these people were to be independent, I should have thought that they would have found the money with which to maintain their independence. Apparently that is not the case. The Government cannot intend the Authority to be independent. If they did, why should they provide all these rules and why should they give the Authority money? Why should the public purse be picked except for the purpose of exercising control, unless it is for the more mundane reason that the provision of this money will relieve the friends of hon. Members opposite from having to find more money to do the job which they are going to do? Is it done to make the undertaking of the programme and advertising people more profitable, or is it done to control them? The hon. Gentleman can have either argument, but it is obvious that one argument must cut out the other.
When I saw this provision, I thought the purpose was to bring the "drive-hire" system into television. It is as if the country decided to set up hoardings and tell the advertisers, "You can do your advertising on our hoardings." But why should we provide this means to enable the advertiser to do his job? It is the job of the advertiser to provide the means of advertising out of his own resources, because he is doing it for his own purposes and his own profit. The hon. Member for Sevenoaks (Mr. J. Rodgers) shakes his head with some disdain. Is the hon. Gentleman in the advertising business for his health or—I am not complaining about it—to make a successful business and a successful bank balance?
Since I have been asked by the right hon. Gentleman, may I say that I am in business, like most hon. Members, to earn a living and do my duty by the community?
I presume that the hon. Gentleman also seeks to do his duty by the company with which he is associated, and that the condition of the balance-sheet at the end of the year is not a remote distance away from his general duty. Of course, his main consideration is his company, and in this case the viewer comes second. It is the amount of goods that can be sold that comes first, and not the number of people who look. I should have thought that the viewer consideration was secondary to the selling of goods.
If nobody looks, no goods will be sold, so that the viewer comes first.
The hon. Member for Harrow, East (Mr. Ian Harvey) puts the opposite point; one would have thought that in that case they would have been concerned about areas of sparse population, but they are not. As we understand that—and the Assistant Postmaster-General has said so many times—the intention of the Authority is to set up transmitters in good market areas. The B.B.C. were seeking to get finance for the purpose of performing a public service. I cannot imagine any advertiser setting up a transmitter in the wilds of Wales or trying to get complete national coverage, but we shall see.
What the advertiser is concerned about is his good market area, where he will get the maximum viewing for his programme and a maximum sale for his product. I am trying to put the case quite fairly. An advertiser will advertise in the paper which has the largest circulation if it circulates in the right market for his type of goods, and the same thing is true of television. What the advertisers will seek to do is to get the mass of viewers, and in that sense they are not concerned about the viewers themselves but about the goods they are able to sell by displaying them in front of the viewers. In other words, "Cheap Jack" wants to get into the front room, and the more front rooms he can get into the more goods will he have the chance of selling.
Having made that point, I agree that it is true of the "Daily Herald" and of every newspaper. After all, they are in business in order to sell the maximum number of newspapers, just as the hon. Gentleman is in business in order to sell the maximum number of goods to clients who come to him and is not concerned about viewer interests, except in so far as they are incidental to the sale of the goods which he is making.
The hon. and gallant Member for Down, South (Captain Orr) has made it clear that he is not interested in balanced programmes and in the things of the mind, which are not associated with the sale of certain goods; he is interested in soap operas and light entertainment. After all, the White Paper says that the Independent Television Authority should have the responsibility of giving information and entertainment, and the Government have apparently now come to the conclusion— [Interruption.] I am glad that the Assistant Postmaster-General seeks to correct the hon. Gentleman when he interrupts.
Every producer of goods must inevitably consider his consumer. What we are seeking to do in putting on television is to find out what the viewer wants to see, whether it will be balanced or not.
I do not want to be dragged out of order by this interruption, but it is clear that the advertiser is concerned about how far he can have programmes which condition people's minds to buy his article. He is not concerned with anything else. Primarily that is his concern in a highly competitive market. Now let me come back to the money.
Why have the hon. Gentlemen who formed a pressure group on this matter not deterred the Government from providing this money for the so-called Independent Television Authority? I thought they were full-blooded private enterprisers who wanted the keenest competition for private enterprise to stand on its own legs without the fat finger of Whitehall being probed into its affairs, as I think one hon. Member put it. [An HON. MEMBER: "The flabby finger."] Well, flabby. I notice that all the Ministers on the Government Front Bench are now hiding their fingers.
We ought to be told how this money is going to be spent. Because of something said by the right hon. Gentleman the Home Secretary, I must inquire whether any of the money is to be used for linking up these private stations to the B.B.C. television masts. We were told in the debate last week that it was ridiculous to have three or four masts erected in the same area; it was not only ridiculous but technically daft, as an hon. Member remarked. Does that not also give to the B.B.C. and to the Government further control of the Independent Television Authority?
How much money is going to the B.B.C. for the use of their masts? Is the money to come out of the £1 million or £2 million? What arrangement is being made, and can we be informed of the arrangement? Is any of the capital cost of the masts to be charged to the new Independent Television Authority? Is any reimbursement to be made to the B.B.C. for the use of the masts? These are matters of great importance and I should like to know whether any B.B.C. transmitters can be hired by the Independent Television Authority. Under the terms of the Bill, they can. Is any money to be used for the purpose of hiring studios, equipment or programmes? Those are things on which we are entitled to information.
The Government are treating the so-called Independent Television Authority in a way in which they have never treated the B.B.C, who have to pay £2 million a year. Theatres and film shows have to pay also, but the Independent Television Authority will not have to pay a penny. Instead of money being taken from them, they are going to be given money. Instead of having to find capital, they are going to be loaned money. This is not fair competition by any stretch of the imagination. This is picking the public pocket in order to look after the friends of the Conservative Party.
The Assistant Postmaster-General smiles, but those are the facts, and in these circumstances I think that we ought to reject this part of the Money Resolution. We have been given enough assurances to the effect that the amount of Government control is going to be negligible. That being so, then the amount of Government money given for this purpose ought equally to be negligible. That is the position, and I am satisfied that, on examination of the facts, the Committee should support this Amendment and that paragraph (c) should be deleted.
10.16 p.m.
This Amendment should commend itself to the Committee, but I must say that the paragraph which it seeks to delete is slightly less objectionable than the one with which we dealt previously, because it at least proposes that the money should be repaid. I know that I cannot go very far into the subject of the Amendment which I was unable to move, but it seems to me that this is a very doubtful provision, for one reason, because no proper provision is made for repayment. No date is mentioned, and I should like to know whether—even if there were a date—if the Assistant Postmaster-General says 10 years, that means the same as "now" in the sense that he used the word the other day, as a date relating to some Strang commercial interpretation, and, indeed, whether it is another aspect of the purposes for which the money is proposed to be advanced.
In his previous speech, the hon. Gentleman told us that the corporation was being empowered to put on—I hope this will appeal to certain hon. Members below the Gangway—children's programmes, news programmes and others with which it was undesirable to associate advertisements, and equally, I imagine, programmes with which the advertisers do not want to be associated. Quite frankly, if he is hoping to do that with the £750,000, then I can only suggest that he should do a little more figuring.
I strongly suspect that the money which is to be advanced under this subsection will not go entirely to capital investment, but, to a large extent, in providing programmes. I should like the hon. Gentleman to give us some more calculations so that we may judge that matter. It seems extraordinary to me that we are prepared to grant funds and loan facilities to this commercial television board which we are not prepared to grant to the B.B.C. This is a proposal which fails completely to give that independence which the name "Independent Television Authority" would seem to warrant, and is therefore liable to become a real charge upon the public purse without any useful purpose being served.
I hope that the Assistant Postmaster-General will be able to tell us precisely how and when this money is to be repaid, because that is, surely, the fundamental aspect of the problem. Further, I hope that he will be able to give some assurances, which he has already attempted to give to his commercial friends below the Gangway—and I am sorry that one of them has gone—to enable them to vote for this particular paragraph. I should like to hear what the Assistant Postmaster-General has to say which will satisfy them.
10.22 p.m.
I want to confine myself to a comparison of the position of the Independent Television Authority with that of the B.B.C. itself. The purpose of the Amendment is to draw attention to one aspect of policy in which the Independent Television Authority will be far better off than the B.B.C. But the case for the Amendment becomes very much stronger when one compares the Authority with the B.B.C. in respect of other financial aspects.
The first point which instantly comes to mind, is that the bulk of the revenue —in fact all the revenue—of the B.B.C. comes from those who watch B.B.C. programmes. No one subscribes a penny to its revenue except those enjoying the programmes. I believe that one should pay for what one enjoys, and I have always listened with respect to hon. Members on the other side who, from time to time, have spoken to the House—and have, indeed, addressed public meetings outside—on this question of honest financing.
That principle of honest financing seems to be most important when one considers an industry such as television, which is primarily an entertainment industry. When one compares the revenue enjoyed by the B.B.C. with that to be received by the Television Authority one at once sees that the Television Authority is to receive the bulk of its money from advertising and not linked in any way to those possessing television sets.
The next aspect of finance, which must be important to the new Authority, is its relationship to the Post Office. The B.B.C. pays 7½ per cent, of its licence income to the Post Office, to meet the cost incurred by the Post Office in collecting licences from viewers. Under this Money Resolution, on the other hand, we notice that far from the Independent Television Authority contributing to the Post Office to meet the expenses of the Post Office in its negotiations, the charges are borne on the public funds. Although I do not suppose that the expenses involved in running the Independent Television Authority will be very great, at the same time the B.B.C. are asked to pay large sums and the Authority is not asked to pay at all.
The next financial aspect is the extent to which the B.B.C. and the Independent Television Authority pay any direct contribution to public funds. It is very well known that the B.B.C. pays to the Exchequer 15 per cent, of the licence fees. Although I am not one of those who think that that is the right course of action, it can be, and frequently has been, justified on the grounds that this is a form of entertainment tax, and that viewers like anyone else should make a contribution to the public funds.
Could it not be said contrariwise that the Post Office pays 85 per cent, of the revenue to the B.B.C?
If the hon. Gentleman likes to put it that way I have no objection. It is a purely mathematical differentiation which seems to be of no significance at all. If the hon. Member likes to put it in that way, it is worth pointing out that the Post Office would receive no licence revenue if there were no people with radio sets paying licence fees. The money paid in that way should go towards providing the programmes.
The Independent Television Authority, on the other hand, far from being asked to provide anything to public funds in the form of entertainment tax, is subsidised not only by the Government but by the very moneys received in Entertainments Duty from its competitors. This is an extraordinary situation. The Budget would be received in a very different way if the Chancellor said, "I propose to put a tax on cinemas in order to finance boxing." That form of Entertainments Duty would not recommend itself to my right hon. Friend the Member for Fulham, West (Dr. Summerskill), or to most hon. Members.
Of the Entertainments Duty which would have gone to the Exchequer, £1–9 million extra will go to the B.B.C. in the next three years, and £1·5 million will go to the Independent Television Authority, so the B.B.C. will benefit rather more than the Authority.
The hon. Member, as usual, has got muddled, because all the money derived from licence fees comes from those who are paying those fees because they are in receipt of B.B.C. programmes. I do not know whether the hon. Member is a member of a company, but what would he think if a tax on a company with which he was associated was used by the Chancellor to subsidise a competitor in industry or finance? I do not think that it would accord with his principles of justice and fairness.
We cannot deal with the Amendment except against the background of the differences between the B.B.C. and the Authority. It is the capital expenditure aspect which reveals the most glaring injustice. The B.B.C. has always had to provide its own capital expenditure out of its savings of income. That may or may not be a good idea. The Report of the Broadcasting Committee, 1949, under the Chairmanship of Lord Beveridge, proposed that the B.B.C. should be allowed to borrow up to £10 million and finance its capital investment by that means.
The B.B.C., however, has worked on the principle—with the help of the "Radio Times," a profitable investment which is supposed to have enabled it to build Broadcasting House—of making savings from its income and receipts on publications to finance its own capital investment. As a result of this arrangement, by which the B.B.C. has had to put a little by every year in order to build its own studios and equipment, it has made itself liable to Income Tax.
The Report to which I have just referred says it is in the very process of accumulating money solely for the purpose of capital development that the B.B.C. lays itself open to Income Tax liability. The case made against this is a very simple one, as the Report shows. It is:
If we look at the actual figures for the period 1947–1958, which covered the period of the B.B.C. 10 years' plan, we see that out of the £29 million earmarked for capital development as much as £10 million—which means that one-third of the total sum earmarked for capital development—was due to be paid in Income Tax to the Exchequer. Let us compare this with the position of the Independent Television Authority. These figures are taken from the Beveridge Report, and I can give quotations and explain where to find them if hon. Members wish.
Far from having to save in order to provide capital equipment, which would in any case be impossible in the very first instance, the Independent Television Authority is to be automatically provided with its capital by the Government. It makes no use of borrowing. I cannot refer to the Amendment which has not been called, but there are those of us who feel that a loan might be a more suitable method. In any case, as things stand the Independent Television Authority receives a direct grant from the Government for its capital expenditure. When one looks at the position and compares the way in which the B.B.C. is required to carry out its development and its general financing with that proposed for the Independent Authority, it seems very unjust and unfair.
It becomes even more unjust and unfair when we see how all these arrangements will affect all the people involved in the whole operation. Let us consider the position, proceeding from the manufacturer to the advertising agent, the programme contractor, the Independent Television Authority, the Postmaster-General, and finally to Parliament and the taxpayer. The manufacturer does all right out of this arrangement because he advertises his goods and, in his payment, he does not have to provide any sum towards capital development or transmitters or studios. The programme contractor stands to do very well because he does not have the necessity of equipping studios. They are leased to him by the obliging Government. He gets his business from the manufacturer and makes a profit.
As soon as we get beyond the next stage, to the Authority—when we come from the private enterprise field into the public enterprise field—we find that it is not such a profitable business. Under the Money Resolution, the Authority is required to hand over all its excess income to the Treasury, if the Treasury so requires, at the end of any given year. The whole undertaking is a complete loss from the Postmaster-General's point of view; he has to make money available to the Authority when authorised by the Treasury and he gets no return on it. Let us look beyond the Postmaster-General to the ultimate authority—this House; and we find that we are voting money from public funds simply for conducting this operation which can bring no benefit to us directly. It seems to me that paragraph (c) of the Money Resolution is unnecessary.
The only comparable figures I can get on the financing of broadcasting operations were from American experience, and I hope the House will bear with me if I refer to them and read from the report of the Federal Communications Commission on this very point of the profitability of commercial broadcasting and television. As the Federal authority for broadcasting in the United States, the Commission has had to give careful study to the financing of broadcasting there and has produced some interesting figures which show that, far from being incapable of financing its own capital expenditure, broadcasting over the air is sufficiently profitable to make that not only possible but very easy.
The Commission publishes various figures—and I am referring to the Report of 1946, which the United States Embassy kindly obtained for me from Washington. The figures show that whereas in 1939 the industry earned a return of 37 per cent, on the original cost of its tangible broadcast properties and a return of 67· 1 per cent, on the depreciated cost, by 1944 the comparable rates of return were 108 per cent, on the original cost and 226 per cent, on the depreciated cost. If we look at the next table in the book it shows that when we take the rate of return subject to Income Tax, on the original cost of all broadcast property the net return was 75 per cent, in 1939 and 140 per cent, in 1945.
It is unquestionable that commercial broadcasting is a very profitable proposition, and there is no need for the Government to provide the initial capital for the Independent Authority to be brought into operation. The Government have fallen into this error for a variety of reasons. They were, when first considering this matter, influenced by the ideas of the hon. Member for Orpington (Sir W. Smithers). They were then driven forward by the great enthusiasm of Lever Brothers and other advertisers, cautioned by the bishops and Peers, and are now executing the plan in the best tradition of a long and fruitful relationship with the brewers. It would be quite wrong of the Committee to vote this £2 million for the capital needs of the Authority.
10.36 p.m.
I wish to make an apology to the House because when I last spoke about commercial television—it was during the debate on the White Paper last December—in referring to the fact that certain firms had given evidence before the Beveridge Commission in favour of commercial television, I mentioned that in my view the firm of Reckitt and Colman was American controlled. I am satisfied I was misinformed on that point, and apologise to the House for having inadvertently misled it. I accept absolutely the fact that the firm is British in constitution and control.
The Assistant Postmaster-General said tonight that we on this side of the Committee are beginning to show our hand in this business, and that it is becoming clear that we are pursuing a definite line of policy in our Amendments. It is true that a line of policy is emerging, and we are grateful to the hon. Gentleman for having made it clear that the Government are now so suspicious of the advertiser, and are so unprepared to trust him, that they will not let him have news and children's features. That is a good thing, because news ought to flow untrammelled and uncontrolled. We who have had any experience of Fleet Street know the direct influence that the advertiser exercises over some newspapers, and it is a good thing that at this late hour the Government, who only a few months ago were deriding critics of commercial television as unduly censorious of the advertiser, have come to the conclusion that he should not be allowed to have control over news or the moulding of the minds of children.
But the advertiser and the programme companies will be supported by this advance of £2 million. I have said this before, and it needs to be said over and over again, that what the Government are doing is not only to subsidise the advertiser in competition with the B.B.C. but are also subsidising him against the free Press of this country. If the "Recorder" had had one tithe of the Government's assistance to the advertisers it would still be alive. Consider how this advance of £2 million, which enables studios to be built for the advertisers and for other facilities to be given to him, will affect the newspapers published in Great Britain.
We in this country have a long and honourable tradition of producing newspapers of independent and unpopular opinion. Newspapers of unpopular and independent opinion have had great difficulty in getting advertising revenue. Because they do not share these views, advertising agents and advertisers are not inclined to put their clients' appropriations into these newspapers, and advertisers themselves are always chary of supporting newspapers which express political opinions different from their own.
What will happen in these circumstances? As the hon. Member for Harrow, East (Mr. Ian Harvey) said in the debate last Thursday, the advertising appropriations, which are now limited, will not be expanded and the amount of money which will be spent on commercial television advertising will come out of the present advertising appropriations and will, therefore, come out of the newspaper appropriations. But the advertiser will not cut the large, powerful, popular Right-wing Press. He will take his advertising away from the not-so-powerful, not-so-popular independent Press.
From the "Daily Herald."
He will take it from the "Daily Herald," and also from the "News Chronicle" and newspapers of that kind which express a point of view which is not acceptable to the hon. Member for Kidderminster (Mr. Nabarro).
Those are the newspapers which will lose advertising. Is it to be regarded as a good thing if we find, as a result of the withdrawal of the advertising from these newspapers, that there is only one sort of Press in this country? Does the Conservative Party want that? Does it want only a bigger, more prosperous "Daily Mail"? That is what will result from this situation. The advertiser will either take his advertising away or be inclined to suggest to the unpopular newspaper that it should trim its views.
I want to dispel once and for all in the House of Commons the argument that the advertiser does not use influence on newspapers and does not attempt to influence the political opinions of newspapers. It is a wholly false argument. Hon. Members opposite know of occasion after occasion when both the advertiser and the advertising agent have tried to interfere with the political views and editorial contents of newspapers. If the £2 million now being discussed is to be spent in this way, we shall have direct competition not only with the B.B.C. but with the newspapers.
It has been argued from the other side of the Committee that we should be considering the load upon the viewers. The viewers will have to find more money as a result of the alternative programme to be provided under the Independent Television Authority. It is worth considering that the cost of an adaptor and the alteration to the television aerial will be about £10. If we regard the existing sets as becoming obsolete and worn out in the next four years, it means that in any case each viewer will be asked to find another £2 10s. per annum in addition to the increase in the licence fee. Viewers are already having to find another £750,000 a year, and now as taxpayers they will have to find their contributions to the £2 million.
The advertisers are not as eager for this proposal as the Government are. Several hon. Gentlemen below the Gangway who have vested interests in this matter are already expressing the view that they do not want any contributions to be made by the Government in this way. I wish their views were supported by their actions in the Lobby. If we vote in favour of the £2 million being expended on the advertisers, we shall be doing a great disservice, not only to the viewers but also to the free Press of this country.
10.45 p.m.
I must correct one statement made by the hon. Member for Deptford (Sir L. Plummer), if I heard him correctly. He quoted me as having said that the new Authority itself would be responsible for children's programmes. I certainly hope that I did not give that impression. What I intended to convey was that that might very well be one of the things on which the new Authority might conceivably spend this £750,000. If I went further than that, I should be trespassing on what is not my responsibility at all but that of the Authority.
This is an important point. If I follow the hon. Gentleman correctly, I should like to ask this question. If part of the £750,000 is to enable the Authority to devise the children's programmes instead of the advertiser, on the ground that the Authority is more to be trusted in such a delicate operation, are we now to understand that the £750,000 going to the Authority may be used, in part, to assist the programme company—which is really the advertiser—to disseminate the children's programmes?
The question of £750,000 has already been disposed of in a previous Amendment.
I am sorry, Sir Rhys; I mean the £2 million.
May I ask whether, if a Minister chooses to correct a statement of Government policy made on an earlier stage of the Bill, hon. Members have no redress in order to find out what is really meant?
When the Assistant Postmaster-General referred to £750,000, he was speaking of the previous Amendment, which has been disposed of.
Is it not a fact that the hon. Gentleman's noble Friend the Postmaster-General has said, openly, to the people whom he has interviewed, that he could not get through the House of Commons, or anywhere else, agreement for the advertiser controlling news broadcasts or children's programmes?
It would be improper for me to retail private conversations which have taken place, even if I knew of them.
Another point made by the hon. Member for Deptford was that one of the disadvantages of the scheme would be that viewers would be called upon to spend money on adaptors. But that is a condition of the second programme, and has nothing whatever to do with the source from which that second programme may come. We are here concerned with the £2 million, and I would remind hon. Members that this is not a gift but a loan. I was asked by the right hon. Member for Caerphilly (Mr. Ness Edwards) on what it was to be spent, and the answer is, predominantly on capital equipment.
The hon. Member for Bristol, South-East (Mr. Benn) spoke again about studios. It is not intended that this new Authority should own, or build, studios. All that we have done in the Bill is to give power for this to be done, but I hope that the Authority will not exercise that power. [Interruption.] I do not think that there is anything particularly odd in that. We are concerned with a Bill which is creating an Authority with a life of 10 years, and we must, therefore, allow for what might happen in that time; but it is not mandatory on the Authority to build or equip its own studios.
The right hon. Member for Caerphilly also asked about what would be the relations between the new Authority and the B.B.C.
What I was concerned about was whether the hon. Gentleman could say how many transmitters were to be built and where they would be built, together with an estimate of the approximate cost.
No, I cannot at this stage, because to a certain extent this will depend upon the arrangements of the Authority with the B.B.C. If, for example, it is possible for the Authority and the B.B.C. to share masts, as they certainly ought to, there will be more of this capital available for new stations elsewhere. I should like to be more definite, but I cannot, for those reasons, give the Committee any further information.
The right hon. Gentleman asked specifically to what extent the Authority and the B.B.C. were to share facilities. I think only to the extent to which it is technically desirable and which it would be a waste of public money to duplicate. On the technical point about sending out programmes from separate masts which are side by side, there would be difficulty about receiving aerials and of one programme crashing in on the other.
Would the B.B.C. be left intact under this scheme? If so, can we have the assurance that nothing will be co-ordinated with the B.B.C. except with the B.B.C.'s agreement?
It is to the obvious advantage of the Corporation and the Authority to do this. It is not a question of our asking the B.B.C. to do something which is unreasonable. Suppose there were to be twin masts. It would not be the programme of the Authority only that would be affected, but the programmes of the B.B.C. There is everything to be said on technical grounds for the two bodies getting together. The Authority would be expected to pay the B.B.C. for whatever facilities it got from the Corporation.
The Minister has not answered my question. There are obviously all kinds of advantages for the commercial system in making use of B.B.C. facilities, such as publicity in the "Radio Times." Is that to be done by agreement with the B.B.C. or is the Minister going to force that upon the B.B.C?
The hon. Gentleman is putting an interpretation upon the functions of the B.B.C. that I have never put upon them. We are not talking about the "Radio Times" now. We are talking about masts. I cannot imagine the B.B.C. being so foolish as to wish to ruin its own programmes in order to prevent its rival from having the use of its masts. It is a contingency in the mind of the hon. Gentleman, but I am sure that it does not exist in the mind of the B.B.C.
Is it not the responsibility of the Postmaster-General to prevent the I.T.A. from broadcasting anything that would interfere with the present licence holders?
It is not only the responsibility of the Postmaster-General but of the B.B.C. to do the same thing. The right hon. Gentleman need not be so much afraid of there being a shot-gun marriage—
Would the hon. Gentleman answer my question?
I am quite happy to answer the question.
The hon. Gentleman has asked whether pressure will be put on the B.B.C. to do something that it does not want to do, or whether it is to be a matter of agreement. I will give him the answer straight away. It will be a matter of agreement; of course, it will. The effect of this Amendment, however, would be to make it impossible for the commercial system to operate in the way which is set out in the Bill. If it were to operate at all, it would simply be a more commercial system and the whole system under which a public corporation accepts responsibility for what is sent out would be swept away. As one of my hon. Friends said earlier, private enterprise was quite wiling that that should happen, to put up its own transmitters and operate without the Government grant. It is still willing to do so, but that would not be the form of television which we recommend this Committee to accept.
We should be back to sponsoring and to a full-blooded commercial system. We certainly could not possibly give the House certain pledges, on the one hand, as to the way in which this Authority will work unless, on the other hand, we provided them with the funds with which to do it. We could not have impartiality in religion or politics or anything else. Is that what the Labour Party wants? I was under the impression that the objection of the Labour Party to this scheme was that the greater part of the revenue was to be raised by advertisements and that the advertisers in the long run would determine the programmes. I hear some hon. Members saying "Yes" and some saying "No."
How often have we to explain this to the hon. Gentleman? Really we shall have to take him out one night and get it into his head somehow. We object to any advertising element in this business. Will the hon. Gentleman please understand that, and that mixing a little water with the poisonous liquor of advertising revenue does not reconcile us to it at all?
If the Amendment were accepted and if there were to be any competitive television in this country, it would be that form of competitive television, and I was under the impression that that was what the Labour Party in particular and the House of Commons itself did not want. I have seen the party opposite go through some pretty queer twists and turns and a few changes of front in the last few years, but it seems to me the oddest twist of all that they should now link up with the people who want no controls at all.
If the hon. Gentleman is saying that we propose, first, to give £750,000 to the Authority and then, under this paragraph, £2 million to get impartiality in religion and politics, how is it that we are managing to get that impartiality in religion and politics from the B.B.C. without making the same provision?
Because we are dealing with an entirely different system. [HON. MEMBERS: "Hear, hear."] I know perfectly well that hon. Members opposite would be quite prepared to extend that system and raise the licence fee. We are not prepared to do that.
If we admit that the Authority cannot possibly be impartial if it does not receive this money and all its revenue comes from advertising, why are the programme companies not given this revenue? Why is all their money to come from advertisers? Are they not going to be impartial?
The whole object of the Authority is to judge what goes out on the air, and the hon. Member knows that.
The hon. Member for Preston, South (Mr. Shackleton) asked whether there were any provisions for repayment. There are not. I think that it would be quite wrong to put that in until the Authority itself has been formed and has had the opportunity of discussing the matter. For these various reasons I ask the Committee to reject the Amendment.
10.59 p.m.
I am grateful for this brief opportunity, for I have attempted often during these debates to raise an issue which it would obviously be expected that I should raise. It is an issue which arises naturally out of consideration of the details of the Bill. The hon. Gentleman well knows what is involved in speaking of Guinness being "good for you." In the case of that one firm alone, according to the lists presented for this year's trading, there were in the Press of the country, with out reference to the hoardings—
Is it in order for the hon. Gentleman to sponsor a product during this debate.
The hon. Member was developing his argument. Now he must relate it to paragraph (c) .
Yes, Sir Rhys, I am relating the question I am putting before the House to the actual paragraph which proposes to spend £2 million of the Consolidated Fund in order to help, among other people, "Guinness is good for you." [Interruption.] Guinness turns out to be particularly good—
The hon. Member would be a better man for a bottle.
I do not think the hon. Member can be in order on this Amendment in dealing with a particular product.
I will leave that particular firm.
I am tempted at once to turn to another, because there is on the other side of the Committee an hon. Gentleman again interrupting me who is himself a director of another great brewery firm. These directors of brewery firms come here with a proposition to spend out of the Consolidated Fund £2 million that, in part at least, will be used for the private advantage of the firms of which they are directors. I say that this is becoming another example of the corruption of Parliament that is so frequently observed.
The hon. Member is really departing from the Amendment.
The only point I wish to make is that throughout this Government's period of office Bills have been brought again and again into the House without opportunity of consultation with the country.
The hon. Member is dealing now with a general subject which has nothing to do with this Amendment.
But may I submit with respect that an attempt to spend £2 million in five years on an opportunity to extend advertising is bound at some place to affect the interests of a great capitalist undertaking that was proved by a Royal Commission to spend on advertising in one year between £4 million and £5 million. When that great undertaking is represented in a special sense by a Government like this, that again and again shows special friendship to an organisation that fills its funds—
The hon. Member has been allowed some latitude, but this is not related to the Amendment.
I shall bow to your Ruling, of course, Sir Rhys.
Nevertheless, there will be keen disappointment in the country. I say here and now that I have a special mission—as the House will expect—in maintaining a relationship with churches and temperance societies and others interested in this aspect of advertising through television. They hate the thought of what may be done in their homes through television. They believe that there will be an undermining of the lives of their children.
That is an important issue, I agree, but it does not arise upon this Amendment.
As I said, I shall bow to your Ruling, Sir Rhys. But I say that no part of this £2 million will, directly or indirectly, contribute to the advantage of the people on whose behalf I am now protesting. If, Sir Rhys, you can reassure me on that I shall be pleased, but if you ask me to make the churches and temperance bodies outside as convinced of that as you appear to be then I can only say that you are putting on me a task of explaining away a difficulty which is rather beyond my powers.
I am protesting against this Bill and against—
I must once more point out that while the hon. Member may wish to protest against the Bill, we are now dealing with an Amendment to the Money Resolution.
This argument of mine is on the Amendment—I beg of you, Sir Rhys, to believe that. I have reminded you at each stage what it is I am speaking of—£2 million. It seems that I am in order as long as I say, "£2 million."
I do not think it is quite as simple as that. I think the hon. Member should now confine himself to the Amendment.
Very well, Sir Rhys—I have practically finished.
Although I treat your Ruling with the greatest respect, you have made it impossible for me to voice what is felt in some quarters to be a danger which will be increased by paragraph (c) of this
Money Resolution. Even though I have been ruled out of order I have given the House clear warning that, outside, there is a body of people who are clearly aware of the wrong which is being done by this part of the Money Resolution. I repeat—it ought not to be done.
Question put, "That the words proposed to be left out stand part of the Question."
The Committee divided: Ayes, 268; Noes, 218.
Division No. 59.] AYES [11.9 p.m. Alport, C. J. M. Erroll, F. J. Joynson-Hicks, Hon. L. W. Amory, Rt. Hon. Heathcoat (Tiverton) Fell, A. Kaberry, D. Arbuthnot, John Finlay, Graeme Kerby, Capt. H. B. Assheton, Rt. Hon. R. (Blackburn, W.) Fisher, Nigel Kerr, H. W. Astor, Hon. J. J. Fleetwood-Hesketh, R. F Lambert, Hon. G. Baker, P. A. D. Fletcher-Cooke, C. Lambton, Viscount Baldock, Lt.-Cmdr. J. M. Ford, Mrs. Patricia Langford-Holt, J. A. Baldwin, A. E. Fort, R. Legge-Bourke, Maj. E. A. H. Banks, Col. C. Foster, John Legh, Hon. Peter (Petersfield) Barber, Anthony Fraser, Hon. Hugh (Stone) Lennox-Boyd, Rt. Hon. A. T. Barlow, Sir John Fraser, Sir Ian (Morecambe & Lonsdale) Lindsay, Martin Baxter, A. B. Fyfe, Rt. Hon. Sir David Maxwell Linstead, Sir H. N. Beach, Maj. Hicks Galbraith, Rt. Hen. T. D. (Pollok) Llewellyn, D. T. Bell, Ronald (Bucks, S.) Galbraith, T. G. D. (Hillhead) Lloyd, Rt. Hon. G. (King's Norton) Bennett, F. M. (Reading, N.) Gammans, L. D. Lloyd, Rt. Hon. Selwyn (Wirral) Bennett, Dr. Reginald (Gosport) Garner-Evans, E. H. Lockwood, Lt.-Col. J. C. Bennett, William (Woodside) George, Rt. Hon. Maj. G. Lloyd Longden, Gilbert Bevins, J. R. (Toxteth) Glover, D. Low, A. R. W. Birch, Nigel Godber, J. B. Lucas, Sir Jocelyn (Portsmouth, S.) Bishop, F P. Gomme-Duncan, Col. A. Lucas, P. B. (Brentford) Black, C W. Gough, C. F. H. Lucas-Tooth, Sir Hugh Boothby, Sir R. J. G. Gower, H. R. McAdden, S. J. Bossom, Sir A. C. Grimond, J. McCorquodale, Rt. Hon. M. S. Boyd-Carpenter, Rt. Hon. J. A Grimston, Hon. John (St. Albans) Macdonald, Sir Peter Boyle, Sir Edward Grimston, Sir Robert (Westbury) McKibbin, A. J. Braine, B. R. Hall, John (Wycombe) Mackie, J. H. (Galloway) Braithwaite, Sir Albert (Harrow, W.) Harden, J. R. E. Maclean, Fitzroy Braithwaite, Sir Gurney Hare, Hon. J. H. Macleod, Rt. Hon. Iain (Enfield, W.) Bromley-Davenport, Lt.-Col. W H. Harris, Frederic (Croydon, N.) Macmillan, Rt. Hon. Harold (Bromley) Brooke, Henry (Hampstead) Harris, Reader (Heston) Macpherson, Niall (Dumfries) Brooman-White, R. C. Harrison, Col. J. H. (Eye) Maitland, Comdr. J. F. W. (Horncastle) Browne, Jack (Govan) Harvey, Ian (Harrow, E.) Maitland, Patrick (Lanark) Buchan-Hepburn, Rt. Hon. P. G. T. Harvie-Watt, Sir George Manningham-Buller, Sir R. E. Bullard, D. G. Hay, John Markham, Major Sir Frank Bullus, Wing Commander E. E. Head, Rt. Hon. A. H. Marlowe, A. A. H. Burden, F. F. A. Heald, Rt. Hon. Sir Lionel Maude, Angus Butcher, Sir Herbert Heath, Edward Maudling, R. Carr, Robert Henderson, John (Cathcart) Maydon, Lt.-Comdr. S. L. C. Cary, Sir Robert Higgs, J. M. C. Medlicott, Brig. F. Channon, H. Hill, Dr. Charles (Luton) Mellish, R. J. Clarke, Col. Ralph (East Grinstead) Hinchingbrooke, Viscount Molson, A. H. E. Clarke, Brig. Terence (Portsmouth, W.) Hirst, Geoffrey Morrison, John (Salisbury) Cole, Norman Holland-Martin, C. J. Mott-Radclyffe, C. E. Colegate, W. A. Hollis, M. C. Nabarro, G. D. N. Cooper-Key, E. M. Holt, A. F. Neave, Airey Craddock, Beresford (Spelthorne) Hope, Lord John Nicholls, Harmar Crookshank, Capt. Rt. Hon. H. F. C. Hopkinson, Rt. Hon. Henry Nicholson, Godfrey (Farnham) Crosthwaite-Eyre, Col. O. E. Horobin, I. M. Nicolson, Nigel (Bournemouth, E.) Crouch, R. F. Horsbrugh, Rt. Hon. Florence Nield, Basil (Chester) Crowder, Sir John (Finchley) Howard, Gerald (Cambridgeshire) Noble, Cmdr. A. H. P. Crowder, Petre (Ruislip—Northwood) Howard, Hon. Greville (St. Ives) Nugent, G. R. H. Deedes, W. F. Hudson, Sir Austin (Lewisham, N.) Nutting, Anthony Digby, S. Wingfield Hudson, W. R. A. (Hull, N.) Oakshott, H. D. Dodds-Parker, A. D. Hulbert, Wing Cdr. N. J. Odey, G. W. Donaldson, Cmdr. C. E. McA. Hurd, A. R. O'Neill, Hon. Phelim (Co. Antrim, N.) Doughty, C. J. A. Hutchison, Sir Ian Clark (E'b'rgh, W.) Orr-Ewing, Charles Ian (Hendon, N.) Douglas-Hamilton, Lord Malcolm Hutchison, James (Scotstoun) Orr-Ewing, Sir Ian (Weston-super-Mare) Drayson, G. B. Hyde, Lt.-Col. H. M. Osborne, C. Dugdale, Rt. Hon. Sir T. (Richmond) Hylton-Foster, H. B. H. Page, R. G. Duncan, Capt. J. A. L. Jenkins, Robert (Dulwich) Peake, Rt. Hon. O. Duthie, W. S. Johnson, Eric (Blackley) Perkins, Sir Robert Eccles, Rt. Hon. Sir D. M. Johnson, Howard (Kemptown) Peto, Brig. C. H. M. Eden, J. B. (Bournemouth, West) Jones, A. (Hall Green) Peyton, J. W. W. Elliot, Rt. Hon. W. E. Pickthorn, K. W. M. Pilkington, Capt. R. A. Scott-Miller, Cmdr. R. Tilney, John Pitman, I. J. Shepherd, William Touche, Sir Gordon Pitt, Miss E. M. Simon, J. E. S. (Middlesbrough, W.) Turner, H. F. L. Powell, J. Enoch Smithers, Sir Waldron (Orpington) Turton, R. H. Price, Henry (Lewisham, W.) Smyth, Brig. J. G. (Norwood) Tweedsmuir, Lady Prior-Palmer, Brig. O. L. Snadden, W. McN. Vane, W. M. F. Profumo, J. D. Soames, Capt. C. Vosper, D. F. Raikes, Sir Victor Spearman, A. C. M. Wakefield, Edward (Derbyshire, W.) Ramsden, J. E. Speir, R. M. Wakefield, Sir Wavell (St. Marylebone) Rayner, Brig. R. Spens, Rt. Hon. Sir P. (Kensington, S.) Walker-Smith, D. C. Redmayne, M. Stanley, Capt. Hon. Richard Wall, P. H. B. Rees-Davies, W. R. Stevens, G. P. Ward, Hon. George (Worcester) Remnant, Hon. P. Steward, W. A. (Woolwich, W.) Ward, Miss I. (Tynemouth) Ronton, D. L. M. Stoddart-Scott, Col. M. Waterhouse, Capt. Rt. Hon. C. Ridsdale, J. E. Storey, S. Watkinson, H. A. Roberts, Peter (Heeley) Strauss, Henry (Norwich, S.) Webbe, Sir H. (London & Westminster) Robertson, Sir David Studholme, H. G. Wellwood, W. Robinson, Roland (Blackpool, S.) Summers, G. s. Williams, Rt. Hon. Charles (Torquay) Robson-Brown, W. Sutcliffe, Sir Harold Williams, Sir Herbert (Croydon, E.) Rodgers, John (Sevenoaks) Taylor, Sir Charles (Eastbourne) Williams, R. Dudley (Exeter) Roper, Sir Harold Taylor, William (Bradford, N.) Wills, G. Ropner, Col. Sir Leonard Teeling, W. Wilson, Geoffrey (Truro) Russell, R. S. Thomas, Rt. Hon. J. P. L. (Hereford) Wood, Hon. R. Ryder, Capt. R. E. D. Thomas, Leslie (Canterbury) Sandys, Rt. Hon. D. Thomas, Kenneth (Walton) TELLERS FOR THE AYES: Schofield, Lt.-Col. W. Thompson, Lt.-Cdr. R. (Croydon, W.) Sir Cedric Drewe and Major Conant. Scott, R. Donald Thornton-Kemsley, Col. C. N.
NOES Acland, Sir Richard Edwards, Rt. Hon. John (Brighouse) McLeavy, F. Adams, Richard Edwards, Rt. Hon. Ness (Caerphilly) MacPherson, Malcolm (Stirling) Albu, A. H. Edwards, W. J. (Stepney) Mallalieu, E. L. (Brigg) Allen, Arthur (Bosworth) Evans, Albert (Islington, S.W.) Mallalieu, J. P. w. (Huddersfield, E.) Allen, Scholefield (Crewe) Evans, Edward (Lowestoft) Mann, Mrs. Jean Attlee, Rt. Hon. C. R. Evans, Stanley (Wednesbury) Marquand, Rt. Hen. H. A. Awbery, S. S. Fernyhough, E. Mason, Roy Barnes, Rt. Hon. A. J. Finch, H. J. Mayhew, C. P. Bellenger, Rt. Hon. F. J. Fletcher, Eric (Islington, E.) Mellish, R. J. Bence, C. R Follick, M. Mikardo, Ian Benn, Hon. Wedgwood Foot, M. M. Mitchison, G. R. Benson, G Freeman, Peter (Newport) Monslow, W. Beswick, F Gibson, C. W. Moody, A. S. Bing, G. H. C. Gooch, E. G. Morgan, Dr. H. B. W. Blackburn, F. Greenwood, Anthony (Rossendale) Morley, R. Blenkinsop, A Grenfell, Rt. Hon. D. R. Morris, Percy (Swansea, W.) Blyton, W. R Grey, C. F. Morrison, Rt. Hon. H. (Lewisham, S.) Boardman, H. Griffiths, Rt. Hon. James (Llanelly) Mort, D. L. Bottomley, Rt. Hon A. G. Hall, Rt. Hon. Glenvil (Colne Valley) Moyle, A. Bowden, H. W. Hall, John T. (Gateshead, W.) Mulley, F. W. Bowles, F. G. Hannan, W. Murray, J. D. Braddock, Mrs. Elizabeth Harrison, J. (Nottingham, E.) Neal, Harold (Bolsover) Brockway, A. F. Hastings, S. Noel-Baker, Rt. Hon. P. J Brook, Dryden (Halifax) Hayman, F. H. Oliver, G. H. Broughton, Dr. A. D. D. Henderson, Rt. Hon. A. (Rowley Regis) Orbach, M. Brown, Rt Hon. George (Belper) Hobson, C. R. Oswald, T. Brown, Thomas (Ince) Holman, P. Padley, W. E. Butler, Herbert (Hackney, S.) Houghton, Douglas Paling, Rt. Hon. W. (Dearne Valley) Callaghan, L. J. Hoy, J. H. Paling, Will T. (Dewsbury) Carmichael, J. Hudson, James (Ealing, N.) Palmer, A. M. F. Castle, Mrs. B. A. Hughes, Cledwyn (Anglesey) Pargiter, G. A. Champion, A J. Hughes, Emrys (S. Ayrshire) Parker, J. Chapman, W. D Hughes, Hector (Aberdeen, N.) Parkin, B. T. Chetwynd, G. R Hynd, J. B. (Attercliffe) Pearson, A. Coldrick, W. Irvine, A. J. (Edge Hill) Peart, T. F. Collick, P. H. Irving, W. J. (Wood Green) Plummer, Sir Leslie Corbet, Mrs. Freda Isaacs, Rt. Hon. G. A. Price, J. T. (Westhoughton) Cove, W. G. Janner, B. Price, Philips (Gloucestershire, W.) Craddock, George (Bradford, S.) Jay, Rt. Hon. D. P. T. Proctor, W. T. Crosland, C. A. R. Jeger, George (Goole) Pursey, Cmdr. H. Crossman, R. H. S. Jeger, Mrs. Lena Reeves, J. Cullen, Mrs. A. Jenkins, R. H. (Stechford) Reid, Thomas (Swindon) Daines, P. Johnson, James (Rugby) Rhodes, H. Darling, George (Hillsborough) Jones, David (Hartlepool) Robens, Rt. Hon. A. Davies, Ernest (Enfield, E.) Jones, T. W. (Merioneth) Roberts, Albert (Normanton) Davies, Harold (Leek) Keenan, W. Roberts, Goronwy (Caernarvon) de Freitas, Geoffrey Kenyon, C. Robinson, Kenneth (St. Pancras, N.) Deer, G. Key, Rt. Hon. C. W. Rogers, George (Kensington, N.) Delargy, H. J. King, Dr. H. M. Ross, William Dodds, N. N. Lever, Harold (Cheetham) Royle, C. Donnelly, D. L. Lewis, Arthur Shackleton, E. A. A. Driberg, T. E. N. Logan, D. G. Shawcross, Rt. Hon. Sir Hartley Dugdale, Rt. Hon. John (W. Bromwich) MacColl, J. E. Short, E. W. Ede, Rt. Hon. J. C. McGhee, H. G. Shurmer, P. L. E Edelman, M. McKay, John (Wallsend) Silverman, Julius (Erdington) Simmons, C. J. (Brierley Hill) Thomas, Iorwerth (Rhondda, W.) Wigg, George Skeffington, A. M. Thomas, Ivor Owen (Wrekin) Wilcock, Group Capt. C. A. B. Slater, J. (Durham, Sedgefield) Thomson, George (Dundee, E.) Wilkins, W. A. Smith, Ellis (Stoke, S.) Thornton, E. Willey, F. T. Snow, J. W. Turner-Samuels, M. Williams, David (Neath) Sorensen, R. W. Ungoed-Thomas, Sir Lynn Williams, Ronald (Wigan) Sparks, J. A. Usborne, H. C. Williams, Rt. Hon. Thomas (Don V'll'y) Steele, T. Viant, S. P. Williams, W. R. (Droylsden) Stewart, Michael (Fulham, E.) Wallace, H. W. Williams, W. T. (Hammersmith, S.) Strachey, Rt. Hon. J. Warbey, W. N. Wilson, Rt. Hon. Harold (Huyton) Strauss, Rt. Hon. George (Vauxhall) Watkins, T. E. Winterbottom, Ian (Nottingham, C.) Stross, Dr. Barnett Webb, Rt. Hon. M (Bradford, C.) Winterbottom, Richard (Brightside) Summerskill, Rt. Hon. E. Weitzman, D. Wyatt, W. L. Swingler, S. T. Wells, William (Walsall) Yates, V. F. Sylvester, G. O. West, D. G. Younger, Rt. Hon. K. Taylor, Bernard (Mansfield) Wheelden, W. E. Taylor, John (West Lothian) White, Mrs. Eirene (E. Flint) TELLERS FOR THE NOES: Taylor, Rt. Hon. Robert (Morpeth) White, Henry (Derbyshire, N.E.) Mr. Popplewell and Thomas, George (Cardiff) Whiteley, Rt. Hon. W. Mr. Horace Holmes.
Main Question Put.
The Committee divided: Ayes, 261; Noes, 210.
Division No. 60.] AYES [11.20 p.m. Alport, C. J. M. Dugdale, Rt. Hon. Sir T. (Richmond) Hutchison, Sir Ian Clark (E'b'rgh, W.) Amory, Rt. Hon. Heathcoat (Tiverton) Duncan, Capt. J. A. L. Hyde, Lt.-Col. H. M. Arbuthnot, John Duthie, W. S. Hylton-Foster, H. B. H. Assheton, Rt. Hon. R. (Blackburn, W.) Eccles, Rt. Hon. Sir D. M. Jenkins, Robert (Dulwich) Astor, Hon. J. J. Eden, J. B. (Bournemouth, West) Johnson, Eric (Blackley) Baker, P. A. D. Elliot, Rt. Hon. W. E. Johnson, Howard (Kemptown) Baldock, Lt.-Cmdr. J. M. Erroll, F J. Jones, A. (Hall Green) Baldwin, A. E. Fell, A. Joynson-Hicks, Hon. L. W. Banks, Col. C. Finlay, Graeme Kaberry, D. Barber, Anthony Fisher, Nigel Kerby, Capt. H. B. Barlow, Sir John Fleetwood-Hesketh, R. F. Kerr, H. W. Baxter, A. B. Fletcher-Cooke, C. Lambert, Hon. G. Beach, Maj. Hicks Ford, Mrs. Patricia Lambton, Viscount Bell, Ronald (Bucks, S.) Fort, R. Langford-Holt, J. A. Bennett, F. M. (Reading, N.) Fraser, Hon. Hugh (Stone) Legge-Bourke, Maj. E. A. H. Bennett, Dr. Reginald (Gosport) Fraser, Sir Ian (Morecambe & Lonsdale) Legh, Hon Peter (Petersfield) Bennett, William (Woodside) Fyfe, Rt. Hon. Sir David Maxwell Lennox-Boyd, Rt. Hon. A. T. Bevins, J. R. (Toxteth) Galbraith, Rt. Hon. T. D. (Pollok) Lindsay, Martin Birch, Nigel Galbraith, T. G. D. (Hillhead) Linstead, Sir H. N Bishop, F. P. Gammans, L. D. Llewellyn, D. T. Black, C. W. Garner-Evans, E. H. Lloyd, Rt. Hon. G. (King's Norton) Boothby, Sir R. J. G. George, Rt. Hon. Maj. G. Lloyd Lloyd, Rt. Hon. Selwyn (Wirral) Bossom, Sir A. C. Glover, D. Lockwood, Lt.-Col. J. C. Boyd-Carpenter, Rt. Hon. J. A Godber, J. B. Longden, Gilbert Boyle, Sir Edward Gomme-Duncan, Col. A Low, A. R. W. Braine, B. R. Gough, C. F. H. Lucas, Sir Jocelyn (Portsmouth, S.) Braithwaite, Sir Albert (Harrow, W.) Gower, H. R. Lucas, P. B. (Brentford) Braithwaite, Sir Gurney Grimond, J. Lucas-Tooth, Sir Hugh Bromley-Davenport, Lt.-Col. W. H. Grimston, Hon. John (St. Albans) McAdden, S. J. Brooke, Henry (Hampstead) Grimston, Sir Robert (Westbury) McCorquodale, Rt. Hon. M. S. Brooman-White, R. C. Hall, John (Wycombe) Macdonald, Sir Peter Browne, Jack (Govan) Harden, J. R. E. McKibbin, A. J. Buchan-Hepburn, Rt. Hon. P. G. T. Hare, Hon. J. H. Mackie, J. H. (Galloway) Bullard, D. G. Harris, Frederic (Croydon, N.) Maclean, Fitzroy Bullus, Wing Commander E. E. Harris, Reader (Heston) Macleod, Rt. Hon. Iain (Enfield, W.) Burden, F. F. A. Harrison, Col. Harwood (Eye) Macmillan, Rt. Hon. Harold (Bromley) Butcher, Sir Herbert Harvey, Ian (Harrow, E.) Macpherson, Niall (Dumfries) Carr, Robert Harvie-Watt, Sir George Maitland, Comdr. J. F. W. (Horncastle) Cary, Sir Robert Hay, John Manningham-Buller, Sir R. E. Channon, H. Head, Rt. Hon. A. H. Markham, Major Sir Frank Clarke, Col. Ralph (East Grinstead) Heald, Rt. Hon. Sir Lionel Marlowe, A. A. H. Clarke, Brig. Terence (Portsmouth, W.) Heath, Edward Maude, Angus Cole, Norman Henderson, John (Cathcart) Maudling, R. Colegate, W. A. Higgs, J. M. C. Maydon, Lt.-Comdr. S. L. C. Cooper-Key, E. M. Hill, Dr. Charles (Luton) Medlicott, Brig. F. Craddock, Beresford (Spelthorne) Hinchingbrooke, Viscount Mellor, Sir John Crookshank, Capt. Rt. Hon. H. F. C. Holland-Martin, C. J. Molson, A. H. E. Crosthwaite-Eyre, Col. O. E. Hollis, M. C. Morrison, John (Salisbury) Crouch, R. F. Holt, A. F. Mott-Radclyffe, C. E. Crowder, Petre (Ruislip—Northwood) Hope, Lord John Nabarro, G. D. N. Deedes, W. F. Hopkinson, Rt. Hon. Henry Neave, Airey Digby, S. Wingfield Horobin, I. M. Nicholls, Harmar Dodds-Parker, A. D. Horsbrugh, Rt. Hon. Florence Nicholson, Godfrey (Farnham) Donaldson, Cmdr. C. E. McA. Howard, Gerald (Cambridgeshire) Nicolson, Nigel (Bournemouth, E.) Doughty, C. J. A. Howard, Hon. Greville (St. Ives) Nield, Basil (Chester) Douglas-Hamilton, Lord Malcolm Hudson, Sir Austin (Lewisham, N.) Noble, Comdr. A. H. P. Drayson, G. B. Hudson, W. R. A. (Hull, N.) Nugent, G. R. H. Drewe, Sir C. Hulbert, Wing Cdr. N. J. Nutting, Anthony Oakshott, H. D. Robson-Brown, W. Thomas, Rt. Hon. J. P. L. (Hereford) Odey, G. W. Rodgers, John (Sevenoaks) Thomas, Leslie (Canterbury) O'Neill, Hon. Phelim (Co. Antrim, N.) Roper, Sir Harold Thompson, Kenneth (Walton) Orr-Ewing, Charles Ian (Hendon, N.) Ropner, Col. Sir Leonard Thompson, Lt.-Cdr. R. (Croydon, W.) Orr-Ewing, Sir Ian (Weston-super-Mare] Russell, R. S. Thornton-Kemsley, Col. C. N. Osborne, C. Ryder, Capt. R. E. D. Tilney, John Page, R. G. Sandys, Rt. Hon. D. Touche, Sir Gordon Peake, Rt. Hon. O. Schofield, Lt.-Col. W. Turner, H. F. L. Perkins, Sir Robert Scott, R. Donald Turton, R. H. Peto, Brig. C. H. M. Scott-Miller, Cmdr. R. Tweedsmuir, Lady Peyton, J. W. W. Shepherd, William Vane, W. M. F. Pickthorn, K. W. M. Simon, J. E. S. (Middlesbrough, W.) Wakefield, Edward (Derbyshire, W.) Pilkington, Capt. R. A. Smithers, Sir Waldron (Orpington) Wakefield, Sir Wavell (St. Marylebone) Pitman, I. J. Smyth, Brig. J. G. (Norwood) Walker-Smith, D. C. Pitt, Miss E. M. Soames, Capt. C. Wall, P. H. B. Powell, J. Enoch Spearman, A. C. M. Ward, Hon. George (Worcester) Price, Henry (Lewisham, W.) Speir, R. M. Ward, Miss I. (Tynemouth) Prior-Palmer, Brig. O. L. Spens, Rt. Hon. Sir P. (Kensington, S.) Waterhouse, Capt. Rt. Hon. C. Profumo, J. D. Stanley, Capt. Hon. Richard Watkinson, H. A. Raikes, Sir Victor Stevens, G. P. Webbe, Sir H. (London & Westminster) Ramsden, J. E. Steward, W. A. (Woolwich, W.) Wellwood, W. Rayner, Brig. R. Stoddart-Scott, Col. M. Williams, Rt. Hon. Charles (Torquay) Redmayne, M. Storey, S. Williams, Sir Herbert (Croydon, E.) Rees-Davies, W. R. Strauss, Henry (Norwich, S.) Williams, R. Dudley (Exeter) Remnant, Hon. P. Studholme, H. G. Wills, G. Ronton, D. L, M. Summers, G. S. Wilson, Geoffrey (Truro) Ridsdale, J. E. Sutclifle, Sir Harold Wood, Hon. R. Roberts, Peter (Heeley) Taylor, Sir Charles (Eastbourne) Robertson, Sir David Taylor, William (Bradford, N.) TELLERS FOR THE AYES: Robinson, Roland (Blackpool, S.) Teeling, W. Major Conant and Mr. Vosper.
NOES Acland, Sir Richard Edelman, M. MacColl, J. E. Adams, Richard Edwards, Rt. Hon. John (Brighouse) McGhee, H. G. Albu, A. H. Edwards, Rt. Hon. Ness (Caerphilly) McLeavy, F. Allen, Arthur (Bosworth) Edwards, W. J. (Stepney) MacPherson, Malcolm (Stirling) Allen, Scholefield (Crewe) Evans, Albert (Islington, S.W.) Mallalieu, E. L. (Brigg) Attlee, Rt. Hen. C. R. Evans, Edward (Lowestoft) Mallalieu, J. P. W. (Huddersfield, E.) Awbery, S. S Evans, Stanley (Wednesbury) Mann, Mrs. Jean Bellenger, Rt. Hon. F. J. Fernyhough, E. Marquand, Rt. Hon. H. A Bence, C. R. Finch, H. J. Mason, Roy Benn, Hon. Wedgwood Fletcher, Eric (Islington, E.) Mayhew, C. P. Benson, G. Follick, M. Mellish, R. J. Beswick, F. Foot, M. M. Mikardo, Ian Bing, G. H. C. Freeman, Peter (Newport) Mitchison, G. R Blackburn, F. Gibson, C. W. Monslow, W. Blenkinsop, A. Greenwood, Anthony (Rossendale) Moody, A. S. Blyton, W. R. Grenfell, Rt. Hon. D. R. Morgan, Dr. H. B. W. Boardman, H Grey, C. F. Morley, R. Bottomley, Rl. Hon. A. G. Griffiths, Rt. Hon. James (Llanelly) Morris, Percy (Swansea, W.) Bowles, F. G. Hall, Rt. Hon. Glenvil (Colne Valley) Morrison, Rt. Hon. H. (Lewisham, S.) Braddock, Mrs. Elizabeth Hall, John T. (Gateshead, W.) Mort, D. L. Brockway, A. F. Hannan, W. Moyle, A. Brook, Dryden (Halifax) Harrison, J. (Nottingham, E.) Mulley, F. W. Broughton, Dr. A. D. D. Hayman, F. H. Murray, J. D. Brown, Rt. Hon. George (Belper) Henderson, Rt. Hon. A. (Rowley Regis) Neal, Harold (Bolsover) Brown, Thomas (Ince) Hobson, C. R. Noel-Baker, Rt. Hon. P. J. Butler, Herbert (Hackney, S.) Holman, P. Oliver, G. H. Carmichael, J. Holmes, Horace Orbach, M. Castle, Mrs. B. A. Houghton, Douglas Oswald, T. Champion, A. J Hoy, J. H. Padley, W. E. Chapman, W. D. Hudson, James (Ealing, N.) Paling, Rt. Hon. W. (Dearne Valley) Chetwynd, G. R. Hughes, Cledwyn (Anglesey) Paling, Will T. (Dewsbury) Coldrick, W. Hughes, Emrys (S. Ayrshire) Palmer, A. M. F. Collick, P. H. Hughes, Hector (Aberdeen, N.) Pargiter, G. A. Corbet, Mrs. Freda Hynd, J. B. (Attercliffe) Parker, J. Cove, W. G. Irvine, A. J. (Edge Hill) Parkin, B. T. Craddock, George (Bradford, S.) Irving, W. J. (Wood Green) Pearson, A. Crosland, C. A. R. Isaacs, Rt. Hon. G. A. Peart, T. F. Crossman, R. H. S. Janner, B. Plummer, Sir Leslie Cullen, Mrs. A. Jay, Rt. Hon. D. P. T. Popplewell, E. Daines, P. Jeger, George (Goole) Price, J. T (Westhoughton) Darling, George (Hillsborough) Jeger, Mrs. Lena Price, Philips (Gloucestershire, W.) Davies, Ernest (Enfield, E.) Jenkins, R. H. (Stechford) Proctor, W. T. Davies, Harold (Leek) Johnson, James (Rugby) Pursey, Comdr. H de Freitas, Geoffrey Jones, David (Hartlepool) Reeves, J. Deer, G. Jones, T. W. (Merioneth) Reid, Thomas (Swindon) Delargy, H. J. Keenan, W. Rhodes, H. Dodds, N. N. Kenyon, C. Robens, Rt. Hon. A. Donnelly, D. L. Key, Rt. Hon. C. W Roberts, Albert (Normanton) Driberg, T. E. N. King, Dr H. M. Roberts, Goronwy (Caernarvon) Dugdale, Rt. Hon. John (W. Bromwich) Lewis, Arthur Rogers, George (Kensington, N.) Ede, Rt. Hon. J. C. Logan, D. G Ross, William Royle, C. Taylor, Bernard (Mansfield) White, Henry (Derbyshire, N.E.) Shackleton, E. A. A. Taylor, Rt. Hon. Robert (Morpeth) Whiteley, Rt. Hon. W. Shawcross, Rt. Hon. Sir Hartley Thomas, George (Cardiff) Wigg, George Short, E. W. Thomas, Iorwerth (Rhondda, W.) Wilcock, Group Capt. C. A. B Shurmer, P. L. E. Thomas, Ivor Owen (Wrekin) Wilkins, W. A. Silverman, Julius (Erdington) Thomson, George (Dundee, E.) Willey, F. T. Simmons, C. J. (Brierley Hill) Thornton, E. Williams, David (Neath) Skeffington, A. M. Turner-Samuels, M. Williams, Ronald (Wigan) Slater, J. (Durham, Sedgefield) Ungoed-Thomas, Sir Lynn Williams, Rt. Hon. Thomas (Don V'll'y) Smith, Ellis (Stoke, S.) Usborne, H. C. Williams, W. R. (Droylsden) Snow, J. w. Viant, S. P. Williams, W. T. (Hammersmith, S.) Sorensen, R. W. Wallace, H. W. Wilson, Rt. Hon. Harold (Huyton) Sparks, J. A. Warbey, W. N. Winterbottom, Ian (Nottingham, C.) Steele T. Watkins, T. E. Winterbottom, Richard (Brightside) Stewart, Michael (Fulham, E.) Webb, Rt. Hon. M. (Bradford, C.) Wyatt, W. L. Strauss, Rt. Hon. George (Vauxhall) Weitzman, D. Yates, V. F. Stross, Dr. Barnett Wells, William (Walsall) Younger, Rt. Hon. K. Summerskill, Rt. Hon. E. West, D. G. Swingler, S. T. Wheeldon, W. E. TELLERS FOR THE NOES: Sylvester, G. O. White, Mrs. Eirene (E. Flint) Mr. Bowden and Mr. Kenneth Ro' inso.
Resolved,
That, for the purposes of any Act of the present Session to make provision for television broadcasting services in addition to those provided by the British Broadcasting Corporation, and to set up a special authority for that purpose, and to make certain other provision, it is expedient to authorise—
Resolution to be reported Tomorrow.
Legal Aid Scheme (Amending Regulations)
11.30 p.m.
I beg to move,
I ought to preface my remarks in opposition to Regulation No. 4 by making it clear that I regard all the other Regulations in the Order as of a meritorious and commendable nature. This is the first occasion on which the Regulations prescribed by the Legal Aid Act, 1949, have had to be amended. I am sure that everyone will wish to pay tribute to the very successful way in which, on the whole, the legal aid scheme has been operated A great deal of the smoothness in its working is a result of what has been done by local committees throughout the country
Regulation No 11 introduces a very important change in the existing provisions. Under the present law, if anything is recovered as a result of proceedings taken by a legally-aided person, the property recovered is held by the Law Society until the costs have been paid. There is, in fact, a charge upon what is recovered. A great deal of difficulty arose because, in the case of a married woman obtaining an order for maintenance, one view was that the Law Society ought to retain the sums recovered as maintenance until the costs had been paid. In a great many cases, the Law Society waived its right to do so. However, the Regulation makes it clear—it is a matter which should be widely known—that maintenance recovered is not subject to any charge of any kind, and, quite properly, is at the free disposition of the person who has become entitled to it.
Regulation No. 4 is the one to which I take objection. As I interpret it, it has the effect of increasing, at any rate in a certain number of cases, the contributions which can be exacted from persons who obtain legal aid certificates. It is somewhat significant that, whereas the Act introducing legal aid requires the Law Society every year to publish a Report and the Lord Chancellor to submit it to Parliament, there has been during the last year a very regrettable delay on the part of the Lord Chancellor in submitting the Report of the Law Society to this House. The first report was made by the Law Society in June, 1951, very shortly after the expiry of its financial year, and it was presented to Parliament soon afterwards. The second Report was also produced by the Lord Chancellor.
If I may interrupt, may I point out, Mr. Speaker, that there is nothing in these Regulations about the Law Society's report?
I agree, but I think that the hon. Member's remarks were leading up to a point; but, as he knows, debate is very restricted on such Regulations.
Yes, Mr. Speaker; I am only trying to point out that the Law Society's first and second reports were presented very promptly by the Lord Chancellor but that the third report, made as long ago as June of last year, has not yet been submitted to Parliament. There is, I submit, some significance in that fact because in both of the previous reports from the Law Society there were certain recommendations for amending the law, and these recommendations had the blessing of the Advisory Committee. It does appear significant to me, by way of comment, that although the Law Society made its report nine months ago, it has not yet been published, although the Solicitor-General comes forward with Regulations made as recently as 15th February. The House does not know what are the comments in the Law Society's report of last year, nor does it know what comments were made by the Advisory Committee set up by the Lord Chancellor.
That is a significant and very relevant fact, because both of the earlier reports made criticism of the amount of the contributions being exacted from a class of applicant by the National Assistance Board. An effect of these new Regulations is now to increase the hardship on such persons. The first report of the Law Society, if I may quote from it, draws attention to the fact that, in general, the Act is working well, but a criticism of something which was not wholly foreseen, is that the amount of the contributions which applicants are called upon to make is sometimes excessive.
This is corroborated by the Advisory Committee, and, in paragraph 104 of the first report, there is reference to the amount of the contributions being excessive. Elsewhere in the report the Advisory Committee states:
May I point out that these Regulations do not make any alteration to the maximum amount of the contribution that can be levied? The maximum amounts are assessed by the National Assistance Board under other Regulations. The Act prescribes what amount of capital and income shall be disregarded in the assessing of the maximum contribution. The report to which the hon. Gentleman refers directs itself to the assessment of the maximum contributions and the small amounts of the capital and income left out of account in assessing the contributions. These Regulations make no alteration at all in the maximum contribution. Is it therefore in order to discuss the question of what sums should be assessed under other Regulations?
May I draw attention to the fact that the Regulations of which I am complaining prescribe, as something new, that in future the local committee shall assess that maximum amount as the amount of contribution payable in respect of proceedings? In other words, under the proposed new Regulations, the local committee is being told that it must, where the probable cost of proceedings exceeds the maximum amount of the contribution determined by the Board, prescribe that maximum amount. That is something new. It is because the maximum as laid down by the Regulations is itself excessive that it is wrong to introduce the Regulations saying that the local committee must assess that amount. It is impossible for me to make my case against the Regulations without drawing attention to the way in which both the probable cost of proceedings and the amount of the contribution are arrived at.
Further to that point of order. All the Regulations now being criticised do is to lay down that, where the probable cost of proceedings exceeds the maximum amount of the contribution as assessed by the National Assistance Board, the local committee must assess the maximum amount. It does not in any sense affect the determination of the maximum amount.
If the maximum amount is not determined by the Regulations themselves, it is not a matter which can be referred to in the Prayer. The mere fact that the maximum amount is referred to but is not determined by the Regulations is not a matter that we can pray against.
Where the maximum amount is exceeded by the probable cost of proceedings, does not the Regulation provide that that probable cost of the proceedings shall be executed? It says:
"Where the probable cost of the proceedings exceeds the maximum amount of contribution determined by the Board, the Local Committee shall assess that maximum amount as the amount of contribution payable in respect of the proceedings."
It says that they shall assess that maximum amount; that is the maximum amount of contribution payable in respect of proceedings, The local committee cannot assess an amount in excess of the maximum assessed by the Board. Regulations provide that, where the probable cost of proceedings exceeds that maximum amount, the local committee will have to prescribe that maximum amount.
I find this matter rather complicated. If the learned Solicitor-General is right about this, I must ask the hon. Member for Islington, East to keep within the bounds of order.
I do not think I can keep within the limits of order that you have indicated. The matter is complicated. I thought that, without unfairness to the House, it was necessary to indicate exactly how this matter arises.
There are two elements in the calcution that has to be made. First is the probable cost of proceedings, and then there is the maximum amount of contribution determined by the Board. My submission is that the maximum amount of contribution, as determined by the Board, is excessive and has been adversely criticised, and that the probable cost of proceedings is also excessive.
Would the hon. Gentleman help me on this point? Are either of these amounts fixed by the Regulations which are now before the House?
No, Sir.
Then we cannot discuss them here. There may be other matters in the amending Regulations which may be grounds for criticism, but certainly amounts fixed by other Regulations are not.
With great respect, Mr. Speaker, the Regulations which we are now discussing are designed to amend the original Regulations. They seek to amend the Regulations which are now in force. This particular one, Regulation 4 which seeks to amend Regulation 5 of the existing Regulations, is something new. I submit, with respect, that it is quite impossible to understand the significance of this proposed new Regulation unless one applies one's mind to what are the existing Regulations.
I know the hon. Member's difficulty, and I sympathise with him greatly, but, although it may be difficult to avoid, it is not in order to traverse ground that is covered by other Regulations.
With respect, I am not seeking to traverse ground that is covered by other Regulations. I am seeking to adduce arguments why the proposed new Regulation 4 is harsh and oppressive. I submit that it is harsh and oppressive because it changes the existing law and changes the method whereby the legal aid system is at present operated under the existing Regulations. Quite obviously, this new Regulation is designed to have some effect. If it is not, it would be completely unnecessary.
I do not know if it would help the hon. Member, but the designed object of this Regulation is quite simple, and there is nothing in these Regulations as to altering the procedure for determining the probable cost of the proceedings or determining the maximum amount. This Regulation 4 ensures that where the probable cost of the proceedings is calculated to be a sum in excess of the maximum contribution as assessed by the National Assistance Board, then the local committee will assess that maximum amount as the contribution to be paid by the assisted person.
Are we to understand that hitherto it has been possible for the local committee to assess a lower amount than the maximum? If that is so, we are surely in order to discuss whether the maximum amount is a satisfactory one for them to assess.
But the maximum amount is not fixed by these Regulations.
Hitherto it has been open to a local committee to fix something less than the probable cost of the proceedings and something less than the maximum amount. In future, the local committee will be bound to assess the maximum amount. Where the local committee, by the new Regulations, is obliged to assess the maximum amount, it follows that the local committee has been able to assess something less than the maximum, as my hon. Friend the Member for Flint, East (Mrs. White) has pointed out. Therefore, when the local committee is now told that in future it must always impose the maximum amount, that is creating a hardship and a new burden. I am objecting to this new Regulation for that reason, and also because the probable cost of the proceedings is in itself unjustly high.
I was trying to explain to the House how I arrived at that conclusion, and I submit that I cannot possibly make my case unless I indicate that, as has been repeatedly pointed out, not only is the contribution as fixed by the National Assistance Board excessive, but, moreover, the probable cost of the proceedings are not determined in relation to each individual case but in relation to an average. There is a scale laid down, for example, the cost of an undefended divorce case is fixed at something like £65.
Can the hon. Member help me by saying whether that £65 is fixed by this Regulation?
No, not by this Regulation. Unfortunately it is not fixed, and my complaint is that the probable cost of the proceedings are not fixed in each individual case. Under the practice as it obtains today, a memorandum of guidance has been sent round to local committees, and they are told that the average cost of an undefended divorce case is about £65. Therefore, in every case they say that the probable cost of this particular case, for which a legally aided person is given a certificate, is £65, whereas in the specific case they may be very much less—£45 or £50.
So, as the scheme works at present, every case is fixed according to an average. Where you have an average it means, first of all, that individual cases must be lower than the average and other cases above the average, but where in a particular case the real costs are something lower than the average, hardship is caused, because the committee take as the probable cost of the proceedings this average of £65. The result is that a great many people in conditions of grave hardship are assessed at the figure which is not only too high but is more than they can afford. If they do not pay it by instalments, they are pestered by a notice calling on them to pay instalments. I am not complaining of the Law Society Committee calling on them to do so, because it is their duty to, but these poor people who have paid something towards a divorce case are then told that unless the monetary instalment that is overdue is paid, their certificate may be rescinded.
On a point of order. If the hon. Gentleman is going into this, I should like to reply to him, because there is a reply that can easily be given. But I should like to know the limits of this debate, because I do not want to go out of order. There is nothing in these Regulations which affects the assessment of the probable cost of the proceedings—nothing which affects the assessment of the maximum amount.
That is what I rather understood myself, and that is why I asked the hon. Member, when he gave us an example of the costs in divorce proceedings, whether that had anything to do with these Regulations. It appears that the maximum cost is not affected at all. If so, we cannot deal with it. I can see the general drift of the hon. Member's argument, but I think he is really criticising something which is not before us now.
Obviously I do not want to pursue the matter in view of your Ruling, Mr. Speaker, and in view of the obvious anxiety expressed by the learned Solicitor-General that this particular matter should not be pursued. But I think I have made my case. Speaking for myself, I shall be quite happy if, in view of what I have said, the Solicitor-General will be able to give some assurance that before very long the Government will give effect to the recommendations that have been made repeatedly by those who are concerned with this matter to alleviate this hardship. But I would have hoped that, although it is now obviously too late to correct these Regulations, it would not be too long before the system is changed in the way I have suggested.
I beg to second the Motion. If I said that I support my hon. Friend in all that he said, I should, of course, be out of order. I do not wish to detain the House further, because I am sure we are anxious to hear the Solicitor-General answer the point made by my hon. Friend.
11.56 p.m.
The hon. Gentleman the Member for Islington, East (Mr. E. Fletcher) has criticised, or sought to criticise, one of the Regulations contained in this bulky Statutory Instrument. I was glad not only to hear him say that apart from that one, all the other Regulations were meritorious, but also to hear his tributes to the successful way in which the legal aid scheme has operated since its introduction. I gladly endorse those tributes.
I think, indeed, that perhaps insufficient recognition is paid to the members of the area and the local committees for their very hard work, and for the time which they devote in dealing with these cases and seeing that assistance is given where it is required and deserved. I should also like to pay a tribute to the excellent work of the Law Society in administering this scheme. There is, I think, no other body which could have operated it; the Law Society has not only operated it but has done so with really very little criticism indeed.
I am glad that the hon. Member for Islington, East referred specifically to Regulation 11, because I think that it is useful that it should be widely known that the charge which the Law Society is bound to make for the costs which would otherwise fall on the legal aid funds—a charge which it is bound to make on the property recovered cannot, in future—I do not think it has been in the past, but certainly, if that Regulation is passed, it cannot in future—apply to payments obtained by way of maintenance. I am sure that the House will agree that that is a very good thing.
The only criticism which the hon. Gentleman directed was to this Regulation and to the additions to paragraph (3) of the Regulation. That really makes a very small alteration to the existing machinery. All that it does, as I think the hon. Gentleman recognises, is to ensure—as I think, again, has been the practice—that, where the probable cost of the proceedings is estimated to be in excess of the amount of the maximum contribution, the person shall be required to pay only that maximum. That is all that it does, and it is of very narrow import.
The hon. Gentleman made, or sought to make, observations with regard to the probable cost of proceedings and to the maximum amount. In particular, he drew attention to reports which have been made by the Law Society. He criticised the fact that, although the last report of the Law Society was sent in in June, it has not yet been published. As I am sure he knows, after the report has been published by the Law Society, it has to be considered by the advisory committee—
I understood from the hon. and learned Gentleman himself that what he is now referring to was completely out of order.
As the matter was introduced as a preliminary to the hon. Gentleman's speech, I thought it only right that I should seek, if I could, to give an answer. If either you, Mr. Speaker, or the right hon. Gentleman, thinks it would be wrong to do so, I shall refrain. The only point which I desired to make was that the hon. Gentleman knows that, under the Act, these reports have to be considered by the advisory committee. It depends on the content of each report as to what length of time the advisory committee needs to consider it.
Without risk of interruption from the right hon. Gentleman, obviously I cannot deal with the other points the hon. Gentleman made about the maximum contribution and the probable cost of proceedings. I must say I would welcome an opportunity of a more ample debate on this matter when we are not restricted by the actual contents of the amending Regulations. All I can say is that I do not agree with the comments of the hon. Gentleman. I am sure that, when he considers the reports of the Law Society upon these matters, he will also consider the observations of the advisory committee upon these reports.
I hardly dare go further than that without risking an interruption, but I would conclude by saying that I am extremely glad that the hon. Gentleman, who has sought not with complete success to raise all his points, at least has by praying on this occasion drawn attention to the important change in regard to the maintenance Regulation, and also given himself and me an opportunity of paying a tribute, where it is well deserved, to the area and local committees, and last but not least to the Law Society for what it has done.
Question put, and negatived.
Public Accounts
Mr. Speir added to the Committee of Public Accounts.—[Mr. T. G. D. Galbraith.]
Standedge Road (Pennines Tunnel)
Motion made, and Question proposed, "That this House do now adjourn."— [Mr. T. G. D. Galbraith.]
12.3 a.m.
After seeing the complexities in which we have been involved on the Prayer, I believe that the matters we can raise on the Adjournment are very widely drawn. If the representative of the Ministry of Transport were here, I should like to raise a matter which affects trade between the counties of Lancashire and Yorkshire. The actual subject I want to raise is the question of making use of the canal tunnel in Standedge as a road. I must apologise to my right hon. Friend the Member for Colne Valley (Mr. Glenvil Hall), for this tunnel is physically in his division, but, as he knows, I was born in the Colne Valley and have lived there for a great many years. The proposal I wish to put to the House when the representative of the Ministry of Transport arrives is one which directly affects my division and was, in fact, raised by a constituent of mine.
It happens that there are three roads at present by which trade and passengers can pass between Lancashire and Yorkshire. I am only going to speak about one, A. 62, which I know as the Standedge Road, and what I say about that applies equally to the other two roads. The first trouble about this road is the very high cost of maintenance. All my life I have known that local and county councils have had to spend large sums of money on this road because of subsidence. The road is built along the hillside and is continually dropping.
The second difficulty is that the road is very dangerous. It has a number of twists and curves. I have seen at least a dozen accidents take place on it, and the effects of many more. The third difficulty is that in winter it is often blocked. There is a cutting at the top which has been so blocked with snow that horses and carts, in the old days, were stuck there and horses and carters often died from exposure.
Even today, after the cutting has been widened, it is commonplace for the road to be blocked for long periods during a severe winter, and national newspapers often print stories about the siege of the "Floating Light," which is the public house at the top, where lorry drivers have to put up until the snow thaws. It is in all ways a most unsatisfactory road. What I say about that road applies, to practically the same extent, to the other two roads which cross the great moorland barrier between Lancashire and Yorkshire.
There is another way of getting from Lancashire to Yorkshire, and that is through the tunnels cut through Standedge, one of which is an old canal tunnel. Years ago, when the barges which were pulled by horses, arrived outside the tunnel, the horses were taken over the top and the crews of the barges used literally to kick their way through the tunnel, lying on the decks of the barges and kicking against the roof. For many years that tunnel has been disused, and my proposal is that it should be drained and used as part of a road tunnel through the Standedge barrier.
I am well aware that there are great difficulties about this proposal. First, the tunnel is much too narrow. It will take only single-line traffic. I want to examine the possibility of using one of the existing railway tunnels, in addition to the canal tunnel, as a road underneath Standedge Moor. There are three railway tunnels, one a double track and the other two single tracks, and I doubt whether the density of traffic on those lines nowadays justifies the use of three tunnels. My experience of the passenger service between my home and my division makes me think that not many trains use that route.
It is just possible that by using only two instead of three railway tunnels, and taking over the other railway tunnel, together with the developed canal tunnel, we could get a roadway right through the Pennine barrier, which would greatly facilitate traffic between Lancashire and Yorkshire. It may be that the cost of such a scheme would be high—perhaps the Parliamentary Secretary could give us some information about that—but I do not think there would be very great difficulty in making a link up between the new tunnel—or the tunnel as developed according to my proposal—and existing roads. I would call the Parliamentary Secretary's attention to a road known as A670, which could be linked up reasonably well with the Standedge tunnel.
There may be technical or financial objections to this scheme, but I have raised this matter because of the continued difficulty of transporting goods and people over the Standedge Road, and if we could get round the difficulties which I foresee, we could do much to facilitate internal trade between the two counties.
12.10 a.m.
I do not intend to speak at length, and I rise only to support what has been said by my hon. Friend the Member for Huddersfield, East (Mr. J. P. W. Mallalieu).
This tunnel is in my division, and I know it very well. The road to which he has referred, which is constantly blocked in the winter, is a main road between Leeds, Manchester and Liverpool. If anything can be done in the direction which he has indicated to relieve the congestion on that road during the winter—it is one of the main roads over the Pennines—then I am sure that the people who live in the area, as well as those engaged in commerce and industry, will be extremely grateful.
12.11 a.m.
The suggestion which has been made is one of very great interest. It is the case that the canal is no longer in use, and since the suggestion was made that this tunnel through the Pennines might be converted to serve the purpose of carrying a road, it has been very carefully investigated by my Department. I am sorry to say that a number of difficulties have shown themselves.
This tunnel is one of a series of four tunnels. To the north-west there is one which carries a double-line railway. To the south-east of it there are two tunnels, each carrying a single line. The hon. Member for Huddersfield, East (Mr. J. P. W. Mallalieu) asked whether any great use is made of these railway tunnels. The northern tunnel, with the double track, carries fast traffic both up and down, and on an average 65 trains use it each day. One of the tunnels to the south is a single track carrying slow up traffic to Manchester, and there are usually some 45 trains a day. The other tunnel to the south is, again, a single track carrying slow traffic, away from Manchester, and the density there is about 35 trains a day. I think the hon. Member will agree that that shows a degree of use of the three railway tunnels which would make it not practicable or desirable at present to take any one of those tunnels away from the railway use to which it is put at present.
These four tunnels are all fairly close together. The overall width is only some 140 feet. They are also inter-connected for purposes of ventilation and inspection. The canal runnel is not large enough at present to be used for a trunk road. In some parts it is only 15 feet wide, and it is only 16 feet high from the invert to the crown of the arch. Part of the roof is brick vaulted and part consists of bare stones. If it were intended to convert it into use for a road, it would therefore be necessary to widen it very considerably and to increase its height. It would only be possible to do so economically by the use of explosives, and, as the canal tunnel is somewhat lower than the railway tunnels, it would be extremely dangerous to the railway tunnels if blasting were begun in the immediate vicinity, and if it was necessary to be done at a lower level.
As the hon. Gentleman was going to raise this matter, I had the British Railways civil engineer at York consulted about it, and he was emphatic that it would be most dangerous and completely wrong to imperil the railway tunnels by the use of explosives. That is the first difficulty that arises in connection with the project.
The second objection arises from the linking up of the road, if it were turned into a road tunnel, with the existing roads. It would be of little use for the purpose of by-passing Huddersfield, I am advised, and the only advantage, which both hon. Gentlemen referred to, is that it would provide an alternative to the roads which go over the top. It would not join readily to the new motor-road we are planning for some time in the future, which it is intended should run from East to West and which would pass North of Huddersfield, because the gradients are too steep. The two hon. Gentlemen who know that part of the world very well will realise that there will be considerable difficulty in linking up with the existing road A62.
The third objection is that, although the canal is no longer used for navigation, it is still used to drain the railway tunnels in the immediate vicinity, and is also used to supply water for industrial users in that part of the world. While that is not an insuperable objection, it does mean that some alternative supply and some alternative drainage system would have to be provided so long as those two requirements have to be fulfilled.
The fourth objection is that the canal is about 3¾ miles long, and although the lighting and ventilation may be adequate for the canal, it would undoubtedly be necessary, if a large number of motor vehicles were going to pass through, for some form of ventilation to be installed because of the danger of fumes, and also for some fairly expensive form of lighting to be installed. I hope the two hon. Gentlemen will agree that the four engineering difficulties I have indicated make it a less attractive scheme than it would at first sight appear to be.
The hon. Gentleman mentioned the unsatisfactory nature of the communications between the industrial areas of the West Riding and Lancashire in the winter months. I am advised that there are three roads which join the industries of those two counties A628 and A62, cross the Pennines and rise to such a height that in the middle of winter ice and snow are serious obstacles. However, there is also A6033, which goes through Halifax and Todmorden, and that is at fairly low level the whole way.
It is not good. It is well out of the way.
I know that it is not entirely good, and I am sorry that recently there has been some trouble from flooding in the lower areas, but it does not rise high and, for a number of years past, it has not been blocked by snow in winter. As things are at present, while it was not providing a good road from Yorkshire to Lancashire, as the hon. Gentleman has said, it is at any rate adequate.
We have in mind for the future, when it is possible to embark on the construction of motor roads, something which will, I hope, be satisfactory to both Yorkshire and Lancashire in the shape of the motor road to which I have referred. We think that that will be the only really satisfactory solution to the problem.
The hon. Gentleman asked me whether the cost of the upkeep of the existing road is very high. The cost of upkeep, including gritting and snow clearance, but excluding periodic resurfacing, for the current year is estimated at £680 per mile for this length of the road, for which the West Riding County Council is responsible. This is only about £40 per mile more than the average for the remaining lengths of industrial trunk road in the South-Western area of the West Riding.
I hope that, with that explanation, the hon. Gentleman will agree that the Ministry of Transport has looked carefully at the proposal which he has put forward and that it is not sufficiently attractive to justify the very large expenditure which would be involved in bringing the canal tunnel into use as a road tunnel.
Question put, and agreed to.
Adjourned accordingly at Twenty-three Minutes past Twelve o'Clock.