House of Commons
Wednesday, March 31, 1954
The House met at Half past Two o'Clock
Prayers
[Mr. SPEAKER in the Chair ]
Private Business
Metropolitan Common Scheme (Ham) Provisional Order Bill
Read a Second time, and committed.
Oral Answers to Questions
Transport
Facilities and Policy
2.
asked the Minister of Transport and Civil Aviation if he will have a survey made of the transport needs within South-East Lancashire.
3.
asked the Minister of Transport and Civil Aviation if he will have an urgent comprehensive survey made of the transport facilities required for the movement of population and industrial goods within the area of Stoke-on-Trent, Stafford, Liverpool, Manchester, Preston and Leeds, in view of the fact that this area has the greatest density of population in the country.
As I have explained on previous occasions to the hon. Member for Stoke-on-Trent, South (Mr. Ellis Smith), I have no evidence that such a survey is wanted or would yield useful practical results if made.
Will the Minister reconsider his decision and have a look particularly at the problem arising in the Walkden, Farnworth and Little Hulton areas? Will he pay special regard to the movement of population there consequent on the overspill housing problem, and also have regard to the fact that the closing of branch railway lines in this area means that more transport is being thrown on to the roads, making them overcrowded and dangerous?
In regard to Lancashire, we have the advantage of a very admirable survey by Mr. James Drake, the county surveyor, and the road plan for Lancashire, to which I referred in the debate last December. I gave a fairly broad hint in an answer in October that the initiative in a matter of this kind must rest with the local authorities, and I really have nothing to add to the answer I then gave.
I take it that the Minister is repeating that broad hint?
Yes.
Is the Minister aware of the shocking condition of the A.6 trunk road passing through my part of Lancashire, in the Westhoughton division in particular, which requires not only attention to the surface in many places, but also the absence of lighting on the Blackrod by-pass section, which is the scene of many serious accidents? The local authority is too poor, a 1d. rate producing only £52. Will the right hon. Gentleman look into that?
I will, but perhaps the hon. Member will put down another Question.
5.
asked the Minister of Transport and Civil Aviation if he will recommend the setting up of a Royal Commission to investigate all transport problems and make a report and recommendations on the need for a comprehensive policy, the modernisation of all forms of transport, methods of reducing costs and the schemes and localities that should be given priority.
I see no reason to adopt this suggestion at the present time.
Does the Minister agree with the constant appeals made to industry to modernise itself to produce the maximum efficiency? If so, should not the same apply to transport?
We have a great deal of information on this most important subject. If we had a review along the lines which the hon. Member suggests, we should find it very difficult to get very busy people to take any part, and time would be needed to carry out what the report proposed.
Would not the same purpose be served if the Minister scrapped the 1953 Act?
Would it not be possible for a Royal Commission to discover why it is that no railway locomotive has been cleaned since it was nationalised.
Road Haulage Assets (Disposal)
11.
asked the Minister of Transport and Civil Aviation what matters have been referred to him by the chairman of the Road Haulage Disposal Board under Section 2 (8) of the Transport Act, 1953; and what directions he has thought fit to give the Board in regard thereto.
None, Sir.
While thanking the right hon. Gentleman for that honest reply, may I ask him whether this fact that there has been no dispute indicates that the prices which have been fixed by the Commission and the Disposal Board are not too high but that the would-be purchasers are unwilling to pay reasonable prices to obtain these national assets?
Not at all. The fact that there have been no disputes between the members of the Board shows that they are working as a team. I am grateful to Lord Rusholme, the Commission's nominee, for his co-operation.
Does not the fact that the percentage which has been sold is comparatively small indicate that the tenderers are not willing to pay what is considered a reasonable price?
The hon. Gentleman had better wait for other Questions on those facts.
13.
asked the Minister of Transport and Civil Aviation whether he is aware that, owing to the operation of Clause 3 of the Transport Act, 1953, purchasers of transport units will be unable to claim substitution in their special A licences of 1953 model vehicles of the same manufacture because such vehicles are of a slightly heavier weight unladen; and whether he will introduce legislation to amend Clause 6 of Part I of the First Schedule to the Act so as to give the licensing authority some reasonable latitude.
I do not think this is a sufficient reason to justify amending the provisions at present embodied in the Act.
Is my right hon. Friend aware that this anomaly will create great hardship for the small men re-entering the transport business? On the grounds of hardship, does he not think that some reasonable marginal latitude should be given to the licensing authority?
On reflection, I think it would have been a good thing if some such latitude had been given in the Act, but I do not think the grievance is sufficient to justify an amendment. It is open to a purchaser to apply to have his vehicle replaced by a heavier vehicle through the ordinary machinery, and if he makes out a case that it is in substitution for a vehicle bought under the Act, I think he would have a strong case to put before the licensing authority.
14.
asked the Minister of Transport and Civil Aviation whether he will introduce legislation amending the Transport Act, 1953, so that it shall be obligatory upon the British Transport Commission and the Road Haulage Disposal Board to require in all future forms of tender information as to whether or not the persons making the tenders have previously been engaged in the road haulage industry.
No, Sir. Much as I welcome the return of former hauliers to the industry, I do not think this would be a practicable way of helping towards that end.
May I ask if my right hon. Friend recalls that the Act lays emphasis upon the desire of persons to re-enter the industry? Would it not therefore be sensible for the forms of tender to give the information whether or not the person making the tender was engaged in the road haulage industry?
Is the Minister's reluctance to seek this information due to the fact that he is frightened that it will show that few small road hauliers have come back?
Not at all. There is nothing whatever to stop anyone putting in his application that he was previously in the business, but that is quite a different matter from making it an obligation.
15.
asked the Minister of Transport and Civil Aviation whether he will introduce legislation amending the Transport Act, 1953, so that it shall be obligatory upon the British Transport Commission and the Road Haulage Disposal Board to invite fresh tenders from persons making the highest offers before re-offering transport units in reject lists.
No, Sir. I do not think such an arrangement would be right or fair.
Does my right hon. Friend realise that what I am suggesting is an ordinary business-like procedure? Would it not save a great deal of time and money to do away with all these numerous reject lists which are unnecessary and a waste of time?
The Act itself provides that the tender for transport units must be by public notice, and I am neither able nor anxious to alter that. Any information of this kind would help the tenderer to keep his bid as low as possible and might even lead to the rigging of the market of which this matter has been so happily free.
Is it not the case that in the final analysis the chief people seeking to re-enter the industry are not ex-road hauliers dispossessed under nationalisation but moneylenders?
Not at all. If one had to give an off-the-cuff answer, one would say that the chief people taking advantage are those who have provided transport throughout the period of nationalisation—often under crippling conditions—and who are now anxious to expand their services.
Will the Minister give us the figures showing how many have re-entered the industry who were in it before and how many have increased their fleets who operated during the period of nationalisation?
If the Disposal Board had a staff able to cope with questions of that kind, they would outdo even the Socialist bureaucracy.
In view of the fact that the intention of the Act was to bring back into the industry small road hauliers who have been dispossessed, why is the Minister satisfied with a situation which has merely resulted in existing road hauliers getting extra licences?
I did not say that no old road hauliers are coming back. If one had to name a general group taking advantage of the provision to the utmost extent, it would probably be existing hauliers who are expanding their businesses. I claim that in that way the public interest is being served.
21.
asked the Minister of Transport and Civil Aviation how many vehicles have been disposed of under Part I of the Transport Act, 1953; and what percentage this represents of the vehicles held by the Commission for the purposes of its existing road haulage undertaking as at 6th May, 1953.
39.
asked the Minister of Transport and Civil Aviation what percentage of the total number of lorries so far offered for sale under the Transport Act, 1953, has been sold.
43.
asked the Minister of Transport and Civil Aviation the figures to the latest available date of the total number of lorries offered for sale in the British Transport Commission's Lists Nos. 1, 2 and 3; the total number of vehicles sold to the same date; and the number still remaining to be offered for sale.
With permission, I will answer Questions Nos. 21, 39 and 43 together.
On a point of order. I would sooner have Question No. 39 answered separately.
I am afraid that I shall have to give exactly the same answer twice.
Further to that point of order. Question No. 39 asks for a simple percentage which can be given as one figure. That is all I want.
The hon. Gentleman had better wait to see if he gets his figure.
Ten thousand and forty-eight vehicles were offered for sale in the first three lists, of which 2,532 have so far been sold, or 63 per cent. of those offered without premises and about 10 per cent, of those offered with premises. The number so far sold represents about 7 per cent, of the Commission's road haulage fleet at 6th May, 1953, and leaves about 30,000 vehicles still to be disposed of to independent operators.
Since this Act was on the Statute Book on 6th May and of the vehicles actually offered for sale the percentage purchased is under 25 per cent., does not this contradict the Minister's claim first, that the existing hauliers are substantially increasing their fleets; secondly, that former road hauliers are coming back into the business; and, thirdly, that sales are proceeding satisfactorily?
It is far too early in what is a long process—there are a great many other opportunities and only a small proportion have so far been offered to purchasers—to draw this sort of quick conclusion. I draw attention to the fact that in this List 3 up to 26th March last 74 per cent, of vehicles without premises and 11 per cent, of vehicles with premises had been sold. The proportion is increasing as the lists go along, and I think that buyers are now coming along in a satisfactory way.
Is the right hon. Gentleman aware that we realise why he wanted to answer Question No. 39 with the others? Can I ask him what is the total percentage of vehicles that have been offered that have been sold? It is only a one figure answer that I want.
Certainly. Lists Nos. 1 to 3, of units sold, 25 per cent., units without premises, 63 per cent., units with premises, 10 per cent. If the hon. Gentleman is anxious for facts, I am always ready to give them. If he wants to draw an inference from them, I think that I ought to tell the story as a whole.
As only 25 per cent, of the lorries sold are of types wrapped up in every sort of unit, may I ask the Minister what epithet he thinks that I should have applied to his statement of a week ago?
As the hon. Gentleman has once more repeated a rather strong charge that he made, I would say that I then gave the number of units without premises in the third list. For this I said that tenders had been accepted in decided cases of 86 per cent. That figure at that moment was absolutely true. Since then there has been a consideration of a few outstanding cases, and the figures today represent the most up-to-date information that I can give the House.
Would my right hon. Friend agree that all this shows how very much easier it is to do mischief than to undo it?
The right hon. Gentleman has again repeated the misstatement which he made to the House last week. What he said, according to the OFFICIAL REPORT at column 1223, was that 86 per cent, of the assets offered had been disposed of. How does he square that with his statement this afternoon?
I was dealing with vehicles without premises. I made that perfectly plain, as anybody in the House at the time would agree. There is no disparity whatever between anything I said then and anything I say now. In reference to what was said by my right hon. Friend the Member for Blackburn, West (Mr. Assheton), I could not agree more. The task of driving out of business private operators is clearly more simple than the complicated one of unscrambling the mischief done by hon. Gentlemen opposite.
On a point of order. The Minister has again misled the House. What he said last week, as stated in column 1223 of the OFFICIAL REPORT, was—
The hon. Member does not appear to be raising a point of order but a point of debate about disputed facts. That is not a matter for me.
Might I ask the Minister whether it is not a fact that the statement he made in column 1223, to which my hon. Friend has referred, stated specifically that the last list showed that 86 per cent, of the assets offered had been sold? There is no reference to whether those assets are with premises or without premises. Therefore, the Minister gave the impression to the House that of the last units offered 86 per cent, had been sold. There had not been 86 per cent, sold, but far less than that percentage.
I am always anxious to do justice to all hon. Members, and especially to an hon. Gentleman like the hon. Member for The Hartlepools (Mr. D. Jones), who is always fair in controversy. If hon. Members will look at my statement of 24th March, I think it will be clear from the context of the later supplementaries that it represented the number of units without premises in the third list, for which tenders had been accepted at that time as a percentage of the total number of units for which tenders had been received and on which a decision had been reached. I would say that I could face the most searching examination on this subject with an entirely clear conscience.
Is my right hon. Friend aware that there is considerable confidence on this side of the House that, after the preliminaries which he has explained, which are inseparable from the system of sales by tender, a very active market will ensue with very satisfactory financial results for all concerned?
Cannot the Minister answer the question of my hon. Friend the Member for Enfield, East (Mr. Ernest Davies)? Did the Minister or did he not in his original answer make it clear that the 86 per cent, referred to the units with premises?
If I did not at that moment I did very quickly afterwards, as the whole House knows. I left no one in any doubt during that interchange to what it was that I was referring. I can leave my honour in this field safely in the hands of my colleagues.
We really must get on.
Later —
On a point of order. May I have an answer to Question No. 39?
That Question was answered with Question No. 21.
In that case, may I ask a supplementary question?
The hon. Gentleman cannot ask a supplementary question on No. 39. Question No. 40, Mr. Callaghan.
On a point of order. What is the position when an hon. Member has asked for his Question to be answered separately and has been refused?
Further to that point of order. Has not the hon. Gentleman, in fact, already asked his supplementary question when Question No. 21 was answered?
It is true that, when Questions are answered together, it is usual for the hon. Member who put down the later Question to ask a supplementary if he wishes to do so, and I rather think that is what the hon. Gentleman did.
22.
asked the Minister of Transport and Civil Aviation the number of vehicles disposed of without premises under the Transport Act, 1953; the number of separate purchasers; the average number of vehicles, per unit, sold; and the number of purchasers of five or less vehicles.
One thousand eight hundred and forty-two vehicles without premises have so far been disposed of in units averaging from two to three vehicles. There were about 550 separate purchasers of these vehicles of whom about 470 were purchasers of five or less vehicles.
As the only large number of sales out of the lists offered which have taken place have been of a very few vehicles per purchaser and without premises, does not that indicate that the industry is reverting to the bad conditions prevailing before nationalisation and before the war when operators were operating one or two vehicles without premises, without proper accounting and without proper statistics?
I think that the House knows, and the hon. Gentleman should, that the emphasis in the earlier list has been on smaller units in order to give the small man a chance to come in first.
28.
asked the Minister of Transport and Civil Aviation if he will express, in percentage, the number of transport units listed in List 3, which have been disposed of, to the latest available date.
At 26th March tenders for 80 per cent, of the units without premises, and for 13 per cent, of the units with premises, offered in List No. 3, had been accepted. There were then 30 cases still to be decided.
Will the right hon. Gentleman now agree, in the light of the answer which he has given this afternoon, that my hon. Friend the Member for Cardiff, South-East (Mr. Callaghan) was justified in describing his statement in column 1223 of the OFFICIAL REPORT last week as dishonest?
No, Sir. I will certainly not agree—
The Minister cannot agree to that. I said that it was unparliamentary and out of order.
38.
asked the Minister of Transport and Civil Aviation what estimate he has made of the loss of goodwill that will arise from his authorisation to sell lorries and premises separately, instead of as going concerns.
At the request of the Commission, and after consulting the Disposal Board, I have given my consent under Section 6 (1) of the Transport Act to the sale otherwise than as transport units of premises which have been offered for sale as part of transport units and have failed to attract acceptable bids. The Commission consider it impracticable or inexpedient to re-offer many of these premises as part of transport units, and the results of disposal up to date indicate that the prices to be obtained if they are sold separately are likely to be little, if any, less.
Is it not a remarkable confession of failure that a Section of the Act which was included in order to dispose of the residue of the lorries should be used when only 2,000 out of 30,000 have been sold?
The hon. Gentleman is giving a wholly misleading picture. One purpose of that Section was to deal with this particular situation, and I would remind him that quite a number of the premises so far offered have been inactive ones, which the Commission was anxious to get rid of, anyhow.
40.
asked the Minister of Transport and Civil Aviation what request has been made to him for permission to sell the 3,000 vehicles of the Parcels Division of British Road Services as one lot.
None, Sir
My supplementary question to No. 39 is this: In view of the fact—[HON. MEMBERS: "Oh!"] Well, my supplementary to Question No. 40—
The hon. Gentleman should ask a supplementary on Question No. 40.
The supplementary to Question No. 40 is this. Will the Minister explain why, in view of the fact that the lists have been devised in order to attract the small road hauliers, so few of them have come in?
A man would be a very curious small road haulier to want to buy 3,000 vehicles.
42.
asked the Minister of Transport and Civil Aviation what information or directive he has given to the Transport Commission about the disposal of vehicles not disposed of in published Lists Nos. 1 and 2 of the sales of transport units.
I have given no such information or directive. The Commission, in conjunction with the Disposal Board, is re-offering such units (not necessarily in the same shape) for sale in further lists.
Will the right hon. Gentleman assure the House that he will not use the provisions of Section 6 (1) of the 1953 Act in order to dispose of vehicles as chattels until a reasonable opportunity has been given to the small man who he is so anxious should come back into the industry?
Of course.
Since the vehicles are now being sold a second time, how can the Minister be so complacent about the disposal of these vehicles?
A number of people often offer themselves a second time for re-election.
London Transport(Committee of Inquiry)
12.
asked the Minister of Transport and Civil Aviation when the report of the Committee inquiring into London Transport will be published.
17.
asked the Minister of Transport and Civil Aviation what progress is being made with the Committee inquiring into London Transport; and when it is likely to report.
34.
asked the Minister of Transport and Civil Aviation when he expects to receive the report of the Committee inquiring into London Transport.
The Committee of Inquiry into London Transport is making good progress, but it is a big job and I do not think I shall get their report till towards the end of this year.
Does that mean that the report will not be in time to stop any further increases in London Transport fares?
The report clearly must await its time. In the meanwhile, the British Transport Commission has its statutory duties and it will deal with them in a proper constitutional way.
Is my right hon. Friend aware that there is considerable interest in the outcome of this report? Is there anything which he can do to speed up its presentation to him?
I am more concerned with its reliability than with the speed of its publication.
Motor Vehicles (Safety Glass)
20.
asked the Minister of Transport and Civil Aviation if he is aware of the sudden frosting of windscreens, complaints about which have been made in Biddulph and other parts of the Midlands and whether, in view of the unnerving and dangerous experience that motorists thereby suffer, he will take steps to see that it is made illegal to use types of glass in windscreens that are liable to sudden frosting.
I would refer the hon. Member to the reply I gave on 19th March to my hon. Friend the Member for Esher (Mr. Robson-Brown).
Is the Minister aware that I am more concerned with a practical approach to this type of glass? Is he further aware that in America and in France the type of glass that will frost is banned? Has his Department aproached the manufacturers to see if they will put in modern glass that will not frost? Finally, is he aware that responsible citizens in North Staffordshire and other parts of Britain are overwhelming Members of Parliament with correspondence on this problem of frosted glass?
This whole question of the present specification for toughened glass issued by the Government to manufacturers is under consideration by the Committee on Safety Glass of the British Standards Institution, and my Department is represented on that Committee.
Driving Tests (R.A.F. Personnel)
27.
asked the Minister of Transport and Civil Aviation what standards of competence are required by the examiners in driving tests employed by his Department which would not already have been attained by a man authorised to drive 1,000-gallon petrol tankers in the Royal Air Force, and holding Royal Air Force Form 1629.
The standard of competence as set out in Regulation 6 of the Motor Vehicles (Driving Licences) Regulations, 1950, is the same for all applicants for driving licences whether civilians or Service men. Form 1629 is not a certificate of competence to drive.
Does not my hon. Friend think it rather curious that a man who is allowed to drive 1,000-gallon tankers in the Royal Air Force has to undergo a further test to allow him to drive a small car as a civilian?
The Air Council is authorised to conduct driving tests of R.A.F. personnel. The tests are exactly the same as those which are conducted on behalf of the Minister. When a degree of proficiency has been reached, R.A.F. Form 362 is issued and not R.A.F. Form 1629.
Kingsway Tunnel (Use)
33.
asked tie Minister of Transport and Civil Aviation what use he has decided to make of the Kingsway Tunnel.
After considering the report of the technical committee which in 1952 examined the possibility of using the Kingsway Subway for traffic I reached the conclusion, as I informed the House at the time, that the likely advantages of any adaptation of the subway for this purpose were not commensurate with the cost.
Has not the right hon. Gentleman thought of some other use for the tunnel, such as for car parking or storage purposes, or is he going to sell it to the road hauliers or keep it as a hide-out for himself? What is he going to do about it?
Its future can best be left with the British Transport Commission, who own it.
Railways
Modernisation
4.
asked the Minister of Transport and Civil Aviation the amounts of approved capital expenditure during the next few years that will be spent on the modernisation of railway transport; the amounts allocated for each region, respectively; and the form in which the expenditure will be made.
The British Transport Commission tells me that it has in hand a number of schemes for the modernisation of the railways, which will come to fruition within the next few years. The Commission is making a fresh review of the whole question of modernisation, and of its requirements for capital expenditure under this head, but I have not as yet received any details.
Does the Minister consider it is his duty to take an over-all view of the proposals of the Transport Commission? If so, will he bear in mind that it is time that this great area was given preference above the London area, which has had so much preference in the past?
I can take an overall view without expressing any preference. I am in constant touch with Sir Brian Robertson on the question of modernisation of the railways. He and I have great faith in their future and great confidence that they have an important part to play in future transport. I will look sympathetically at proposals put forward for real, imaginative improvements.
Will my right hon. Friend bear in mind in the modernisation plans the great importance of electrification measures, notably in the interests of coal conservation, abatement of "smog" and operating efficiency?
Certainly.
Automatic Train Control
10.
asked the Minister of Transport and Civil Aviation whether he will make a further statement upon progress with automatic train control arrangements on British Railways, to the latest convenient date, having special regard to the report of Her Majesty's Inspectors of Railways following the Harrow train disaster in October, 1952.
The British Transport Commission is making vigorous efforts to develop the apparatus to the necessary standard of reliability, and large-scale trials are now in progress, but it may still be some time before the Commission and my Chief Inspecting Officer of Railways are satisfied that the necessary standard has been achieved.
Is the Minister aware that it is now well over a year and a half since the report of the Inspector of Railways was made, and that great anxiety exists because progress has been so very slow?
I am very well aware of that. I said that my Chief Inspector of Accidents holds the same view: he is the officer who wrote that report. He and I are very anxious that in this field the best should not become the enemy of the good, and we are very keen that action should be taken. It is, however, essential that the machinery devised should be felt to be reliable by the enginemen concerned, and there have unfortunately been too many breakdowns up to now to justify my going full speed ahead.
Can my right hon. Friend say whether the new experimental system of A.T.C. is cheaper to install than the old Great Western system? If not, what advantage has the new system over the old?
These were fully ventilated in the Chief Inspector's report recently on the Harrow accident. There has not been an installation of the new system on a large enough scale for there to be worth while comparative figures.
Does the Minister agree that there are large stretches of the main lines in this country where the Great Western A.T.C. is not suitable?
That is certainly borne out in Colonel Wilson's report.
Canals and Inland Waterways
6.
asked the Minister of Transport and Civil Aviation whether he will make a statement on his discussions with the British Transport Commission regarding a survey of the canals and inland waterways of Great Britain with a view to their more effective utilisation.
I would refer the hon. Member to the statement I made during the debate on Wednesday, 17th March, on the Motions to annul the transport charges Regulations.
Could not the right hon. Gentleman be a little more informative? Will he say whether the Transport Commission will have placed at its disposal the Departmental surveys which were made during the war, and which contained much valuable information? Can the right hon. Gentleman also say whether the Commission has ever been asked to produce a proper development plan?
The responsibility for this inquiry is the Commission's. I am closely associated with Sir Brian Robertson, although this is the Commission's responsibility, and everything we have in the Department that is of the slightest use we shall, as I told a right hon. Gentleman on the Front Bench opposite last week, gladly put at the disposal of this inquiry.
Does not this assume that the B.T.C. is financially responsible for the repair of almost irreparable waterways throughout the country?
The Commission is responsible for its own waterways. I think the hon. Member has in mind a number of tragic accidents that have occurred. By no means all of those have occurred on the Commission's own canals; other owners are responsible for maintenance there. This is quite a different matter.
Will the Minister bear in mind the immense traffic on Continental canals and the useful part they play in the European economy? Does he not think that a similar state of affairs would be desirable here?
I would certainly not rule that out. He would be a foolish and dogmatic person who suggested that canals have altogether outlived their usefulness.
Civil Aviation
Rearward-Facing Seats
7.
asked the Minister of Transport and Civil Aviation whether he will request the court inquiring into the recent Constellation accident at Singapore to report whether, in their opinion, passenger lives might have been saved if backward-facing seats had been in use.
The court inquiring into this accident has been appointed by the Singapore authorities, and in view of the terms of the Regulations under which it has been set up, I am sure it can be relied upon to make any necessary observations or recommendations concerning rearward-facing seats if the investigations show that the type of seat was a material factor in the number of casualties which resulted from the accident.
May I say how grateful I am for that answer, because I am sure that my right hon. Friend is well aware of the very strong feeling held by some aircraft captains and pilots that this is a great contributory cause to the fatal accidents in those unfortunate crashes?
24.
asked the Minister of Transport and Civil Aviation what representations he has made to the International Civil Aviation Organisation in favour of making backward-facing seats in aircraft a standard requirement.
No representations have been made to the International Civil Aviation Organisation by Her Majesty's Government since the Fourth Session of the Airworthiness Division in March, 1951, which decided that the matter should be left for further examination by Member States.
Is the hon. Gentleman aware that most experts, including a former Chief Inspector of Accidents for the Air Ministry, hold the view that backward-facing seats would considerably reduce the death rate in crash landings? Would not the extra safety be worth the additional cost? Is there anything to prevent the Government from introducing this requirement forthwith into British aircraft in the hope that other countries will follow suit?
My right hon. Friend feels that this controversial problem is best resolved by international agreement.
Pacific Services
35.
asked the Minister of Transport and Civil Aviation what proposals have been agreed with him for the extension of British Overseas Airways Corporation services westward from New York.
In the schedule appended to the terms of reference of the Air Transport Advisory Council issued in July, 1952, B.O.A.C. have reserved to them a route extending westwards from New York through San Francisco, Honolulu and Manila to Hong Kong or Singapore. Only if B.O.A.C. wish to have this route amended will they need to seek my approval by means of an application to the Air Transport Advisory Council. San Francisco will be the linking point of B.O.A.C. with Q.E.A. on the route to Australia under the proposals recently approved as a result of the discussions at Christchurch.
That agreement has, of course, been on the book for some time. I am now asking what steps are being taken to link up with the Australian service. Has any plan been agreed? Is any financial agreement being reached with the Corporation to enable that to be done?
I am, of course, in discussion with the Corporation over any problems arising in its field as a result of the agreement which has been reached. It also involves discussion with another Imperial Government. It would be better if the hon. Gentleman would wait a little longer and then perhaps ask me the same Question again.
36.
asked the Minister of Transport and Civil Aviation whether, following the agreement with the Australian and New Zealand Governments over the Pacific services, traffic rights are now available for the British Overseas Airway Corporation over the former British Commonwealth Pacific Airways route from Sydney to Vancouver.
The traffic rights across the Pacific available to a British airline under the Canada-United Kingdom Air Services Agreement are not, of course, affected by the conclusions of the Christchurch Conference which have recently been approved, but the service between Australia and Canada will be left for operation by Qantas Empire Airways.
Is there no possibility at a future date of running parallel services down to Sydney in the way that such services are run along the Kangaroo route?
B.O.A.C. welcome the agreement which has been reached, as do Her Majesty's Governments in the United Kingdom, Australia and New Zealand. There is no thought at the moment of running such parallel services.
London Airport (F.I.D.O.Installation)
37.
asked the Minister of Transport and Civil Aviation what is now his policy with regard to the installation of F.I.D.O. at London Airport.
The Department has recently completed a re-examination of the costs and methods of financing a high-pressure F.I.D.O. installation at London Airport. Enough information about the trials carried out with a high-pressure F.I.D.O. installation at Los Angeles last December is now available to enable us to open discussions with the operators shortly.
Certificates of Airworthiness
44.
asked the Minister of Transport and Civil Aviation whether certificates of airworthiness issued by the Bureau Veritas of France are accepted for validation by the Air Registration Board; and what is the normal period taken for such validation in respect of aircraft for which evidence of operational use is provided.
Certificates of airworthiness for aircraft designed and constructed in accordance with I.C.A.O. standards, which have, I understand, been applied in France, would be accepted for validation by the Air Registration Board. The second part of the Question does not arise, as no applications have yet been made in respect of French aircraft.
46.
asked the Minister of Transport and Civil Aviation whether an application has yet been received for a certificate of airworthiness in respect of the Breguet Deux-Ponts transport aeroplane.
No formal application has been made to my right hon. Friend, but I understand that the Air Registration Board has been approach informally on the matter.
Bearing in mind the unhappy experience of British aircraft manufacturers in America, will the hon. Gentleman make quite sure that France is not subjected to the same kind of treatment by this country?
The two matters are wholly different, and it would be unwise for the hon. Member to imagine that they are on a similar basis.
Roads
Development Programme (Staff and Equipment)
8.
asked the Minister of Transport and Civil Aviation to what extent expert additional technological staff and mechanical equipment will be required to carry out the increased road construction programme; and what steps are being taken to make these available at the earliest opportunity.
As regards the staff requirements of my own Department, I would refer to the written answer that I gave to the hon. Member on 29th March, 1954. I cannot answer for local authorities' requirements. As to mechanical equipment, consultation with representatives of the industry indicates that no great difficulty should be experienced in obtaining any additional plant required as the programme builds up. Liaison with the industry is being maintained.
Bristol Road South, Birmingham (Speed Limit)
9.
asked the Minister of Transport and Civil Aviation whether, having regard to the increase in houses and schools in the immediate neighbourhood, he will impose a 30 miles per hour speed limit on that stretch of Bristol Road South, Birmingham, which lies between the Austin motor works and Rubery.
We have received a detailed report on this section of road, which has a dual carriageway, and I am sorry that we do not agree that a speed limit is justified.
In the case of a road which goes through a newly built-up area, with a very large housing estate on the one side and a main school on the other, how many children and how many adults have to be killed or maimed before we can get some response to local pressure in these matters?
There have been 59 accidents on this road in the three years from 1950 to 1952, but only two of them were attributable to excessive speed. I am aware that there is a school there and that it has been enlarged. A police officer is on duty at school-time at a nearby pedestrian crossing.
Could we know just when a road like this, which has a growing housing estate alongside it, and is to be the centre of a very large built-up area in this corner of Birmingham, is really going to receive consideration? When does the Ministry apply its principles in these matters?
The principle of the Ministry is not to have a 30 miles an hour speed limit where that is not necessary. As was made plain in another place recently, my right hon. Friend is considering the general policy rather with a view to reducing the number of 30 miles per hour speed limits than increasing them.
What is the length of this piece of road? Does it not seem that 59 accidents there is a rather high figure?
The road to which the Question refers is just under a mile in length. It is an extremely busy road.
Is it not the case that the danger of casualties generally is higher in the restricted areas than in the unrestricted areas?
That is entirely correct.
Following up the point of my previous question, may I ask the hon. Gentleman whether he does not agree that 59 accidents in three years over a short length of road like this is excessively high? What steps is he proposing to take to reduce the number of accidents on that stretch of road?
Perhaps the hon. Gentleman did not quite follow the answer I gave—that of those accidents only two were attributable to excessive speed.
Pedestrian Crossing, Chellaston
16.
asked the Minister of Transport and Civil Aviation if he has considered the petition signed by 759 people of Chellaston, Derbyshire, asking him, in view of the dangers involved, to reconsider his decision not to reinstate the pedestrian crossing on the Derby-Melbourne road at Chellaston and to agree to the installation at the site of either a Zebra or a controlled crossing, which petition was sent to him by the hon. Member for Derbyshire, South-East; and if he will make a statement.
I am arranging for a traffic census to be taken and will write to the hon. Member when this has been done.
Unclassified Roads, Crofting Counties
18.
asked the Minister of Transport and Civil Aviation whether he will give a grant annually to assist the crofting counties in the maintenance and repair of unclassified roads.
My right hon. Friend is precluded by statute from making grants towards the maintenance of unclassified roads in counties.
May I ask my hon. Friend if he remembers that unclassified roads fall wholly upon the rates, which constitutes a severe burden, especially for the counties less able to afford it?
My noble Friend will remember that the counties receive an equalisation grant from the Exchequer, and that this takes into account the mileage of roads in the county compared with the population.
My hon. Friend will remember that it is a very severe burden in counties where the depopulation is so severe that it is difficult for them to pay their proportion?
Since 1946, when the Class III category of roads was introduced, a 50 per cent, grant is made in order to assist impoverished counties.
When the hon. Gentleman says that there is no legislation under which grants may be made, is he aware that in the White Paper on Rural Wales it states that the Minister of Agriculture intends to ask for legislation to allow him to make grants for these roads. Why cannot the Ministry of Transport do it instead?
I have dealt in my answer with the powers of my right hon. Friend. I am not responsible for answering for the Ministry of Agriculture.
19.
asked the Minister of Transport and Civil Aviation whether, in view of the large mileage of roads less than 14 feet in width in the crofting counties, he will grant for these counties an annual sum for allocation for the provision of passing places, over and above the grants required for the trunk and classified roads.
Special provision has already been made for the improvement of Highland roads, as announced by my right hon. Friend the Secretary of State for Scotland on 14th July last and 18th March. I hope that this, together with the increased provision for maintenance and minor improvement work in 1954–55, will help to achieve the object which my noble Friend has in mind. I do not think that a further special allocation would be justified.
Is my right hon. Friend aware of the immensity of the task? In Inverness-shire alone there are 1,360 roads only 14 feet or less in width. This is an immense task in road reconstruction.
I am aware of it. I am very keen on the crofter counties scheme. We hope a system of 10-foot carriage ways with 16-foot passing places every half-mile will be speeded up as the result of the statement made by my right hon. Friend.
30.
asked the Minister of Transport and Civil Aviation how many miles of unclassified roads in the crofting counties were brought into the classified category last year.
One-fifth of a mile of unclassified road was classified as Class 1 in 1953.
Does not the hon. Member agree that his answer shows more clearly than anything else could have done that the problem is not being met in present conditions and that new legislation is required if unclassified roads are to be brought up to a reasonable standard, which at present is not happening?
The basis of the classification of roads depends upon their through-traffic value. It is manifest that the through-traffic value of roads in the Orkney and Shetland Islands is very limited.
Quarry Hill Mats, Leeds (Speed Limit)
23.
asked the Minister of Transport and Civil Aviation if he will accede to the request made to him for the establishment of a speed limit of five miles per hour on the internal roads of the Quarry Hill Flats, Leeds.
I am considering this request. I will write to the hon. Member when I have completed my inquiries.
When he considers this request, will the right hon. Gentleman have in mind that these internal roads of the Quarry Hill Flats are the chief playground of about 1,000 children who live in the flats?
I know, but I must be very careful not to have unusual speed limits all over the country unless there is a strong case. No accidents of any kind were reported in 1953, as far as I know.
Improvement Scheme, Brecon
25.
asked the Minister of Transport and Civil Aviation whether he has any proposals to make to avoid the inconvenience caused to both local and through traffic at Ship Street, Brecon, particularly on market days, consequent upon the difficulty of heavy and wide transport lorries and vehicles negotiating this narrow section of a trunk road; and whether he will cause inquiries to be made with the local police and highways authority about the trouble caused.
I know about the inconvenience referred to and have already authorised schemes for improvement at the corner of Ship Street and High Street Superior and also at Llanfaes Bridge. These proposals will give some immediate relief, and further long-term schemes are under consideration.
How can that come about if the estimates for trunk roads in Breconshire for the year are below those of last year?
I shall have to look into that.
Accidents (Pedestrian Crossings)
26.
asked the Minister of Transport and Civil Aviation what number and percentage of road accidents in 1953 occurred on zebra crossings.
32.
asked the Minister of Transport and Civil Aviation how many pedestrians were injured and killed, respectively, on zebra crossings during 1953.
There were 3,103 pedestrian casualties on zebra crossings during 1953, including 89 killed and 3,014 injured. These represent 5·3 per cent, of casualties to pedestrians and 14 per cent, of the total number of persons killed or injured on the roads.
What sort of testimonial is it to zebra crossings if one in 20 of all the accidents that occur takes place on zebra crossings? Is it not time to have another look at the matter, for it looks as if zebra crossings are as dangerous as other places in our road system?
That is a very misleading and very dangerous observation. People are entitled to feel safer on zebra crossings than anywhere else. I have always paid tribute to my predecessor in the Labour Administration who introduced zebra crossings for the wisdom of the action which he took.
Will my right hon. Friend take note of the apparent growth in the tendency of many motorists—in saying this, I am a motorist with many years' experience—to ignore the rights of pedestrians at crossings? Will he consult the Home Secretary in order to ensure that the police are given instructions to enforce the rights of pedestrians and that motorists take due care when approaching zebra crossings?
Trunk Roads, Leyton
29.
asked the Minister of Transport and Civil Aviation what stage has now been reached in respect of the proposed trunk road running through the borough of Leyton; and, approximately, when it will be possible to know what properties will be affected in that borough, and at what date.
The lines of the two proposed trunk roads in Leyton are still under consideration in the light of the objections which were lodged to the Development Plan. It will not be possible to say what properties will be affected until further detailed surveys can be carried out and this may take a year or more. The roads are not likely to be actually constructed within the next five years.
Leicester
47.
asked the Minister of Transport and Civil Aviation whether he is aware that the lack of proper roads in the New Parks and Braunstone Frith Estates in Leicester is hampering the provision of a proper transport sytsem to these new estates and making traffic problems in the city of Leicester more acute; why he has refused permission for expenditure on a road to be cut through to the Hinckley Road; and whether he will now reconsider that decision.
The authority responsible for providing roads in this area is the Leicester City Council. We have received no application from them for permission to construct a new road here since 1951, and that application was withdrawn.
Is the hon. Gentleman prepared to state that, if an application is received in respect of a road which is so essential for traffic purposes and the general purposes of that estate, he will consider it favourably?
We will certainly consider it carefully.
Shipping (Oil Pollution Conference)
31.
asked the Minister of Transport and Civil Aviation how many nations have accepted the invitation to attend the forthcoming conference which he has called to consider the prevention of pollution by waste oil discharged from ships.
Twenty countries have so far accepted the invitation, and five others so far propose to send observers.
Can my right hon. Friend say at what date the conference is to start? Will he bear in mind that the devastation among bird life along the North Cornish coast has never been more severe than during the last few weeks?
I am aware of the continuing tragedy as a result of oil pollution. I believe that the date of the commencement of the conference is 26th April. I am very anxious that we should get international agreement.
Might I express my congratulations upon the speed and energy with which the right hon. Gentleman has dealt with this matter?
Hydrogen Bomb Development
45.
asked the Prime Minister whether, having regard to the devastating increase in the power of atomic and hydrogen weapons, and to the fact that no nation has any longer a monopoly or even a preponderance of such weapons, he will, on behalf of Her Majesty's Government, renounce the use of such weapons so far as the United Kingdom is concerned.
I have nothing to add to the statement I made yesterday.
Last week, I asked the Leader of the House whether he could arrange for a Supply Day on Monday of next week. Is it now possible for the Government to agree to this in order that we may have a debate on the hydrogen bomb?
Yes, Sir. I hope I may reply to that question for the convenience of the House. We have most carefully considered the desirability of an early debate arising out of the statement which I made to the House yesterday. We feel that it would be the general wish of the House for an early debate, and it has been agreed through the usual channels to allot Monday next, 5th April, as a Supply Day. It may be found convenient to take the Supply Day business formally, so that the debate can arise on the Motion for the Adjournment of the House.
I am much obliged to the right hon. Gentleman.
Without wishing to anticipate in any way the debate that has now been promised, may I ask the right hon. Gentleman, between now and the day of the debate, to reconsider that part of his statement yesterday, to which he referred in his answer to this Question, in which he said it was not possible to deal with these weapons other than as part of the general question of armaments or disarmament? Will he not remember, in that consideration, that there are already, by the Geneva Convention and in other ways, certain renunciations of weapons because of their unacceptable character to civilised conceptions, such as, for instance, poison gas, bacteriological warfare and a number of other things? Will he not consider that, when we are dealing with weapons the general use of which could make this planet wholly uninhabitable, it is quite wrong to say that such a weapon does not belong to the category of those weapons which, by modern consent, are not used by civilised nations?
I hope that, if the hon. Member rises to speak in Monday's debate, the oration which he has just delivered will not disqualify him on the ground that he has already spoken.
This Question makes the statement that no nation now has a monopoly of the hydrogen bomb, and the Prime Minister told us earlier this week that instruments which we now have in this country have registered detonations in the Pacific. Can he tell us, for the convenience of the House and in preparation for the debate, what detonations originating in the area of Russia have been registered on instruments in this country?
I am not armed with the technical details to reply to that question, even if I decided to depart from what I have already ventured to say—that I have nothing to add to the statement I made yesterday.
When we come to debate the hydrogen bomb on Monday, will the Prime Minister be prepared to make a declaration of Government policy on this matter, in order to guide the House?
I certainly will. I propose to make a further statement myself, and describe, first of all, the position which this country occupies, and, secondly, as it comes second, the policy which we are adopting in face of these circumstances.
East-West Trade (Three-Power Discussions)
With your permission, Mr. Speaker, and with that of the House, I should like to make a statement on the discussions which have taken place this week with Mr. Stassen representing the United States Government and M. Maurice Schumann representing the French Government on the subject of East-West Trade. We discussed questions affecting both the scope and the enforcement of the controls over the export of strategic goods to the countries of the Soviet bloc.
We found ourselves in full agreement that, while controls must be maintained on exports of goods which would add directly and significantly to the Soviet bloc's military capabilities, especially, of course, in unconventional weapons, we should seek a substantial relaxation of the controls on other goods and an expansion of civilian trade. I would emphasise that such a relaxation is fully compatible with security requirements.
On this agreed basis, we shall now proceed to discuss with other friendly Governments the detailed application of this policy. Our proposal to them will be that we should examine the scope and effect of the controls, category by category, the whole operation taking two or three months; but it is our hope to introduce agreed changes by stages, and the House may be assured that we shall avoid needless delay. At the same time, the House will appreciate that there can be no question of relaxing any controls except after full discussion with other friendly Governments who are equally concerned.
While I am sure that the whole House will want to ensure that changes will be made as far as possible in full agreement with all the nations which are concerned, may I take it that the right hon. Gentleman will assure the House that in these discussions he is proceeding on the basis that the question of what export controls and export licensing we operate is a matter uniquely within the sovereignty of this particular country? Since his own statement might very well mean anything or nothing, would the right hon. Gentleman tell us, as a test case, whether he thinks that within the agreement we reached with Mr. Stassen it will be possible substantially to relax the control on the shipment of machine-tools? That would be a fair test of what this statement means.
I thought I had made that perfectly clear in the statement. We have reached with our friends in America and France complete agreement on the objective to which we should get, namely a substantial narrowing of the area of control consistent with our security requirements. Having got that agreement, it would be a pity if I were to elaborate details, all of which must indeed be a subject of discussion with our friends in Europe.
The right hon. Gentleman will remember that last week it was the view of both sides of the House, in a very interesting and instructive debate, that we should, so far as possible, restrict these controls to those which are directly affecting the supply of weapons. Now the right hon. Gentleman has apparently repeated that sort of formula by saying that we do not want to enable other countries to develop their supply of unconventional weapons—with which we agree. In view of the arguments that were addressed to him from both sides of the House about certain machine-tool orders on which a decision is urgent, does he think that the sort of formula which he has used rules out any relaxation on that kind of machine-tool shipment?
Without expressing any opinion on what is inside or outside the formula, I hope the House will bear in mind that this is one of the matters which should properly be discussed with our allies.
While congratulating my right hon. Friend on the speed, common sense and power of decision which he and his colleagues have obviously displayed, may I ask whether this Scott Mission will be able to fulfil a fairly large proportion of the orders which they have booked; secondly, whether, in view of the history of Russia in being able to produce within a reasonable number of years practically everything to which she has set her hand, will he bear that point in mind in preparing the very necessary strategic list?
On the second point in that question, we shall of course bear all such relevant considerations in mind in our discussion of what should or should not be on the strategic list. So far as orders at present received are concerned, we have of course given authority for those which require no export licence. As to the others, while I am as anxious as anyone to see the matter speeded up, decision must await discussion with the other countries concerned before we can decide upon any alteration in the existing list.
Would the right hon. Gentleman and his counterparts in the other two countries, when deciding on the list of forbidden materials, be quite sure that, by transhipment, deliveries of some of these goods do not reach areas for which they are not meant, as is actually happening today?
The decision will be made, not just by the United States, France and this country, but by all the 14 countries who are members of the group. Discussion will range not only over what should be on the list, but over the proper enforcement of what is, in fact, kept on the list.
While joining in the congratulations to my right hon. Friend on his firm stand, may I also ask him if he will point out to our American allies that in the five years previous to the war the volume of East-West trade in which this country took part was equal to the volume of our trade now carried on with the United States, that is, about 5 per cent, of our total trade, and that therefore this country is intensely interested, quite outside the strategic materials list, in building up East-West trade, which is the best means to bridge the gap between those two parts of the world?
I am happy to say that the Americans are in complete agreement with us as to the importance of expanding trade of a civilian character quite outside the strategic controls.
The President will be aware that substantial orders have already been negotiated for large electrical power plant, machine-tools and other necessary manufactures. He will also be aware that representatives of industry are in Moscow at the present time and are on the fringe of negotiating further orders. Will he consider the advisability of asking his leading officials to meet representatives of manufacturers as soon as possible in order that their uncertainty can be cleared up upon the basis of the understanding negotiated, as referred to in his reply?
My Department is, of course, in constant touch with the manufacturers engaged in this field of trade. Any help or advice that we can give them is available to them. I am grateful to the hon. Gentleman for mentioning this particular point.
My right hon. Friend mentioned the Soviet bloc. Does he regard China as part of the Soviet bloc!
Our discussions were concerned with the narrowing of the control list with the Soviet bloc, excluding China.
May we take it that the right hon. Gentleman will publish details of the goods taken off the banned list, as soon as agreement is reached? Or does the right hon. Gentleman expect interested business firms to apply to his Department, as they have had to do up to now?
I did say in the statement—perhaps the hon. Gentleman did not catch it—that we hoped to introduce changes by stages, and that we shall avoid needless delay. If I can do so, I shall naturally make an announcement of any relaxation, as and when agreed.
Would the Minister indicate whether the Government have given consideration to the sending to Russia of a Government trade delegation to negotiate the whole field of trade operations and their widening?
At this moment we have been considering what should be the area of legitimate trade. It is rather important that we should get a decision upon that matter first of all.
Since it is now more than six months since the fighting ended in Korea, may I ask whether the President of the Board of Trade is making any proposals to relax the emergency restrictions on trade with China?
Not in these particular proposals.
While the House agrees with my right hon. Friend that this is a matter which must be decided between ourselves and our allies, may I ask him whether the essence of this problem is not speed of decision, and whether that has not been the disrupting element in this trade.
I would certainly agree as to the need for speed and decision in this matter. As I said in the statement, we are anxious to avoid needless delay. At the same time, these are important matters involving security considerations and other countries as well, and it is right and proper that they should be given full consideration.
Business of the House
Proceedings on the Motion relating to Statutory Instruments, &c. (Procedure) exempted, at this day's Sitting, from the provisions of Standing Order No. 1 (Sittings of the House).—[ The Prime Minister. ]
Orders of the Day
Housing Repairs and Rents Bill
[1ST ALLOTTED DAY]
Order for consideration, as amended (in the Standing Committee), read.
3.42 p.m.
Motion made, and Question proposed,
That the Bill toe re-committed to a Committee of the whole House in respect of the Amendments to Clause 6, page 6, line 17; Clause 7, page 7, line 26; Clause 18, page 15, line 17; and the new Clause (Postponement of demolition under clearance order in the case of houses let to local authority) standing on the Notice Paper in the name of Mr. Harold Macmillan.—[ Mr. H. Macmillan. ]
With regard to the Amendment to the proposed re-committal Motion standing in the name of the right hon. Gentleman the Member for Ebbw Vale (Mr. Bevan), I should say that only part of it is in order; that is to say, that the second part—
"and the new Clause (Acquisition by certain local authorities of rent-controlled houses, &c.) …"
is out of order. Perhaps the right hon. Gentleman would move the first part of his Amendment.
Yes, Sir. I beg to move, at the end, to add:
"and in respect of the Amendments to Clause 23, page 19, line 4; Schedule 2, page 39, lines 31, 32, 36, 39 and 41 standing on the Notice Paper in the name of Mr. Bevan."
Amendment agreed to.
Question further amended, by adding, at the end:
"and in respect of the Amendments to Clause 5, page 5, lines 26, 27 and 33; Clause 8, page 8, lines 6, 7 and 8 standing on the Notice Paper in the name of Mr. Key,"—[ Mr. Key, ]—"and in respect of the Amendments to Clause 6, page 7, line 10; Clause 7, page 7, line 26; in respect of Clause 13, the new Clause (Special housing accounts), and the new Schedule (Special Housing Accounts: Modifications of sections 128 to 133 of the principal Act) standing on the Notice Paper in the name of Mr. MacColl,"—[ Mr. MacColl, ]—"and in respect of the Amendment to Clause 6, page 7, line 21, standing on the Notice Paper in the name of Mr. Mitchison,"—[ Mr. Mitchison, ].
The following Amendment stood upon the Order Paper:
At end, add "and in respect of the Amendments to Clause 21, page 16, line 26, and the new Schedule (Certificate of Local Authority as to condition of Dwelling-house), standing on the Notice Paper in the name of Mr. Blenkinsop."—[ Mr. Blenkinsop. ]
With regard to the Amendment standing in the name of Mr. Blenkinsop, I would not have called this if I had the power of selection, because it was discussed in Committee; but seeing that there is a Guillotine in operation, I think it my duty to the Opposition to call it on this occasion. I do not wish that to be taken as a precedent on occasions when there is no Guillotine.
Amendment made:
At end add "and in respect of the Amendments to Clause 21, page 16, line 26, and the new Schedule (Certificate of Local Authority as to condition of Dwelling-house), standing on the Notice Paper in the name of Mr. Blenkinsop."—[ Mr. Blenkinsop. ]
Question, as amended, put and agreed to.
Bill immediately considered in Committee.
[Sir CHARLES MACANDREW in the Chair]
Clause 5.—(LICENCES FOR TEMPORARY OCCUPATION OF HOUSES SUBJECT TO EXISTING DEMOLITION OR CLEARANCE ORDERS.)
I beg to move, in page 5, line 26, after "authority," insert:
When there is a shortage of housing there is undoubtedly good reason for keeping all available accommodation in use; but surely everyone will agree that if that is to be done, then, in the interests of the tenants, due regard must be had to the conditions of the premises that are to be retained and to the possible effect of those conditions on the health and welfare of those inhabiting them. This is particularly important in connection with the houses which are dealt with in this part of the Bill. They are houses which have already been condemned as being unfit for human habitation and have been scheduled for demolition; but local authorities are to be empowered to keep them in use if, as Clause 2 says, in the opinion of the authority the houses
It is bad enough when these houses are to be kept under the control and in the letting of the local authority, but when, as under this Clause, they are left in the ownership of the existing landlord, who has previously been told that his ownership is to end because the condition of his property is so bad that it is not fit for human habitation, and when by special licence he is to be allowed to continue letting them and drawing rent from them, the absence of a standard of habitability and the failure to give any indication of a minimum state of repair, is a gross injustice to the tenant and a lack of real sense of responsibility for the welfare of the inhabitants of the houses.
If these condemned slums are to be kept in use, it is our duty to do all that we can to protect those unfortunates who will have to go on living in them. The purpose of these Amendments is to get the Minister to face his responsibilities. Our duty is to the people who have to go on living in these condemned houses. It is the tenant who will suffer and it must be the tenant for whom we have the main consideration. Good local authorities will undoubtedly do all they can for the welfare of these people, but there are some local authorities which are far from good, and tenants must have some guarantee that slack authorities will be required to provide at least a minimum of protection to those who live in these retained premises.
These three Amendments seek to do this in three stages during the continued occupation of these houses. The first Amendment provides that, before any licence is granted, the house must be inspected by the local authority, which must then decide whether or not it can be made adequate for the time being. Only as a result of such an inspection can a local authority lay down the proper conditions which a landlord must fulfil when a licence is issued. Secondly, the interest of the tenant must be protected during the period of three years for which the licence runs, and the second of this series of Amendments is designed to secure that the house shall be inspected at least annually, in order that the local authority may be sure that it is being adequately maintained.
Under the provisions of the Bill, if an application is made by a local authority, the Minister has power to continue the use of a house for more than three years. The Bill does not define the length of time of the extension, and leaves it wholly to the Minister's discretion. We say that before the Minister decides this question he should be made aware of the actual condition of the house by means of a report of an inspection made by the local authority, and only when he has that knowledge should he come to any decision. That procedure is laid down in the third Amendment. I submit that these are very modest and sane proposals, and I hope that the Committee will accept them.
I support the Amendments, which are of very great importance, especially to the people living in these houses which are defined as unfit to live in but which can be licensed for temporary occupation. This situation seems very unsatisfactory to many hon. Members, who believe that the tenants should be protected as much as possible because they are being compelled to live in houses which are defined as unfit for human habitation.
As the Bill contains no satisfactory definition of habitability, as it contains two or three definitions of what makes a house fit to live in, and as we were unable to make any change in that situation in Committee, it is all the more important that we should now insert provisions which will at least enable a local authority to make periodical inspections of houses to assure itself that they can be lived in, and to produce reports on them. If any such report condemns a house, the licence for temporary occupation should be withdrawn.
These are eminently reasonable Amendments. They will create no very great difficulties for local authorities or for the Minister, and I hope that, in the interest of making sure that we do not maintain any longer than is absolutely necessary those houses which are defined as unfit to live in, the Minister will accept the Amendments.
I support the Amendments. After the discussions that we have had in Committee, the Minister will not be unaware of the reasons which prompt my hon. Friends and myself to ask him to accept the very reasonable proposals contained in them. He will remember that in Committee I referred to incidents which have occurred in respect of houses in my constituency and to the conditions in which they were found, which were of such a nature that they were really "unliveable in."
I want the Minister to listen to an account of something which happened about three weeks ago, and which may convince him of the essential importance of these Amendments. This is a newspaper report, printed on 27th March:
During the whole of that time the landlord had been benefiting from the rent he received. It is probable that he had also received the previous 40 per cent, rent increase in respect of repairs, but whether or not that is so, the fact is that the rent was being paid the whole time. The tragic circumstance of the matter is that it was not until the ceiling fell in that these people were able to move to a new council house. The relevance of this incident to the matter with which we are now dealing is that if licences are granted for such houses and inspections are not carried out every two or three years, the tenants may have to wait until the ceilings fall in and they can see the sky before they can obtain alternative accommodation, or before the houses are put out of use as dwelling-houses.
It is a very serious matter, and I have quoted this example because it is a recent occurrence, and is covered by the proposals we are making in these Amendments. We say that before the Minister grants a licence there must be an inspection—and, from time to time, further inspections—of any house which is in a bad condition and which ought anyhow to have been condemned. For goodness' sake do not compel people to live in houses of that sort without giving them the necessary measure of protection while they are there, certainly when they are prevented from obtaining new accommodation while their neighbours are able to do so. The Minister must realise that some precaution of this nature should be taken, and I hope that he will not turn down the proposals contained in these Amendments.
4.0 p.m.
These Amendments were discussed, together with some others of a somewhat similar character, in Committee. It must be borne in mind that this provision in the Clause does not arise out of any effort on my part to put it in; it arises simply because it is now covered by a Defence Regulation, and in order to get rid of that Defence Regulation we had to put this provision in the Bill. That is the only reason it is in the Bill. During the years since the war these licences have been granted, but the power to do so has been by Defence Regulation. Since we all want to get rid of the whole range of Defence Regulations, it was thought that this was a convenient opportunity to transfer that power from the Defence Regulation to the statute.
I indicated in Committee that I thought there was very little between us. If it were possible, we would not have this system at all. It has been going on ever since the war because there has been no alternative and because, although we would like to find alternative accommodation for the occupiers of all the houses which are not really up to the mark, we all know that that cannot be done at once. Although we have been endeavouring to make improvements year by year, it has been necessary to leave people to live in houses which are not the ones we would like them to have and not the ones which we hope they will have.
Is it not the case that tenants who occupy these wretched dilapidated houses are handicapped when they apply to the local authority for a new house or other accommodation in that they are told they cannot have another house because they already have accommodation, although that accommodation is not fit for human habitation?
That is a matter of how the local authority operates its housing scheme. We know that there are not enough houses for all the people at the present time. Successive Governments have had to rely on the Defence Regulations and on a system of keeping these houses in use longer than we would like.
The only question between us is whether we should accept the Amendment, which would make it compulsory for the local authority to make an annual inspection. The hon. Member for Clap-ham (Mr. Gibson), in supporting the Amendment, said that he hoped I would accept it in order to enable the local authority to make these inspections. The only question between us is whether there should be compulsory powers. I undertook in Committee to consult the associations of local authorities to see what views they had about it. As the Committee will quite well understand, this Amendment is a matter of very little concern to me. I rather like accepting Amendments. It is always nice to accept Amendments if they do not do any harm, and these Amendments cannot possibly injure what I have in mind, which is to get rid of the Defence Regulation and to put the provision in the Bill.
All the associations have indicated to me that they would regard this Amendment as not only unnecessary but as something of an affront to them. I have to work closely with them, and I do not want to recommend to the Committee that we should insert words which, I believe, are unnecessary, and which the local authorities, through their associations, believe to be unnecessary and somewhat of a reflection on the way in which they do their business.
I will, however, undertake to make it clear beyond peradventure in the circular sent out, that hon. Members want the local authorities to carry out their functions in regard to these licences and to give great care to them and to do everything possible to execute these duties in a way which will be of benefit to the tenants.
I ask the Committee not to press the matter further, because I, like previous Ministers, know that if one has sometimes to override their views, one does not do so without a very strong purpose. I think that on this occasion it would be wiser to leave this to the local authorities who, I am certain, will carry it out. This debate today will have done good to the extent that it shows the anxiety of Members of the House of Commons that these functions should be carried out with meticulous care.
While it is perfectly correct to say that the Minister has to live with the local authority associations, it is also true that the tenants have to live with the houses, and our whole purpose is to protect the tenants in cases of a very peculiar kind. The Minister is quite right in saying that these houses have been perpetuated where otherwise they might have been destroyed if circumstances had allowed that to be done.
The fact is that these people are living in very exceptional conditions. These houses have been condemned and ought to have been pulled down. While it is perfectly correct to say that the local authorities may resent the implication that they do not inspect these houses regularly, I should be interested to find out how frequently they have inspected them. I am afraid that, despite the fact that I also have had experience of local authority associations in these matters, I am entirely unmoved if associations have feelings. Associations are not entitled to have feelings; they are entitled to have principles and objectives, but they are just not entitled to have emotions.
What we have to consider is how far it is desirable for the Committee to put a provision in the Bill the purpose of which is to protect particular individuals against circumstances which may be hurtful or injurious. That is all we want to do. The Minister, however, has said that he proposes to see that in the circular that he sends out the attention of the local authorities is directed to the need for making frequent inspections. I hope also that, in respect of the last of the three Amendments, he will also think it necessary to require that there should be some factual report upon the houses which it is intended to keep in existence after the expiry of three years. I hope that the Minister will bear in mind all the circumstances, because we are working under the Guillotine, and we are not anxious to spend more time than is absolutely essential on these Amendments. I ask that we should not proceed to a Division on this matter, but should get on to even more important Amendments.
The Bill provides that the licences shall expire at the end of three years. I am afraid that may become the rule. From what the Minister said, I take it that, in calling the attention of the local authorities to this discussion, he would make it clear that we are not expecting that any houses to which one of these licences become attached shall automatically go on having licences renewed for three years, and that the local authorities will, in their wisdom and experience, do something about this.
I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Clause 5 ordered to stand part of the Bill.
Clause 6.—(EXCHEQUER CONTRIBUTIONS TOWARDS EXPENSES OF LOCAL AUTHORITIES IN BUYING HOUSES FOR TEMPORARY OCCUPATION.)
I beg to move, in page 6, line 17, after "Act," to insert:
"or in relation to which a clearance order has been made with such a provision as is mentioned in section (Postponement of demolition under clearance order in the case of houses let to local authority) of this Act."
The Amendment is consequential on a new Clause which I propose to introduce—(Postponement of demolition under clearance order in the case of houses let to local authority). It is necessary to move the Amendment first to bring the new Clause into line. Would you prefer that this discussion cover also the new Clause, Sir Charles, or should we wait for that debate until we reach the new Clause?
I think that the debate now might cover the two, and the vote on the new Clause can be taken when we reach it.
The Amendment in Clause 18, page 15, line 17, after "under," insert:
The new Clause was designed to meet the principle of an Amendment moved in Committee by my hon. Friend the Member for Woverhampton, South-West (Mr. Powell) relating to unfit houses belonging to an adjacent industrial undertaking. The right hon. Member for Ebbw Vale (Mr. Bevan) made some useful suggestions regarding mining areas where similar problems might arise.
When an industrial undertaking owns houses in a clearance area and wants the land on which the houses stand for redeveloping or extending its factory, and the land is scheduled for industrial development in the development plan, which plans are now gradually coming into being, a local authority would normally deal with the house or the land by making a clearance order. This would have the effect of leaving the land with the owner, who would become responsible for the demolition but who would then have the land in his possession, so that when the time came to extend the factory under the development plan he would still be in a position to do so.
But the problem was pointed out that if the local authority cannot immediately do without the houses—and, therefore, cannot issue a clearance order—and wants to do patching, it would have no alternative under the Bill as it stands but to purchase the houses. Then there would be the complication that when the time came to pull down the patched houses—the sooner the better—the local authority would have to resell the land again to the industry, and a great deal of cost and unnecessary work would have been incurred.
The purpose of the new Clause is to obviate the necessity for this purchase and resale by enabling the local authority, if it thinks fit, to make a clearance order with deferred effect if the owner is prepared to lease the houses to the authority at a nominal rent in the meantime. Then, when the local authority no longer needed the houses, it would be the duty of the owner to demolish them.
This proposal is not limited to houses the original owner of which was an industrial undertaking. In thinking the matter over, we did not limit it to that aspect, because the right hon. Member for Ebbw Vale brought our attention to certain cases where in mining areas local authorities might be left with land for which they had no purpose whatever when it was cleared. Since this procedure was generally recommended from both sides in Committee, I think the new Clause will serve a useful purpose. It will tidy up a gap in the system and make a provision which will be generally acceptable.
I am grateful to my right hon. Friend for having, by the new Clause, so neatly met the narrower point which I raised in Committee and the broader point into which the general discussion developed. The new Clause will obviate the necessity for local authorities to acquire land simply for the purpose of patching which they do not otherwise want to own.
I take it that the mechanism will be a lease by the local authority from the owner, subject to the controlled tenancy. This is a very neat way of getting out of the difficulty, and I believe it will give satisfaction both to local authorities and to industrial and other firms which own this type of property for redevelopment for industrial and commercial use.
4.15 p.m.
If we are to have patching up, obviously it is desirable that the local authority should be able to make use of houses on industrial property for the purpose without necessarily having to employ all the heavy armament of clearance orders and becoming ground landlords and that kind of thing in order to do so.
Hon. Members in all parts of the Committee will know of many cases, especially in the old industrial areas, where there are rows of cottages which might become the subject of clearance orders but which could be kept in being for some time, although afterwards the land is not needed. This is especially the case in colliery districts, where there are cottages on the sides of hills. In all the circumstances, this is a desirable extension of the machinery of the principle, whereas the principle itself might still be in doubt.
Amendment agreed to.
I beg to move, in page 7, line 10, to leave out subsection (5).
I think it would be convenient if we discuss, at the same time, several other Amendments and a new Clause and new Schedule which hang together with this Amendment. Those Amendments are: in Clause 7, page 7, line 26, leave out from "of," to end of line 33, and insert:
This should have the gratifying effect of thinning the Order Paper a little. It sounds a rather technical matter, but behind it there is a substantial point. When it was discussed upstairs, the right hon. Gentleman said he would think about it. One of my purposes in moving the Amendment is to find out the result of the right hon. Gentleman's thinking since the Committee stage.
The Committee will be aware that virtually all housing operations now have to be administered through a housing revenue account, to which, on the one hand, are paid over the grants and the rents from the property. On the other side, a statutory contribution has to be made to a repairs account, and other outgoings come out of the account. It is kept as an account separate from the ordinary working of the rate fund.
When this issue was discussed upstairs, there was a certain amount of "cross wiring," because we were discussing two Amendments. One of these was in the name of the hon. Member for Dulwich (Mr. Robert Jenkins), which virtually amounted to saying that for the purpose of these operations in this Part of the Bill—the patched houses—we should not have a special account, but should administer the whole thing through the rate fund.
That was a view with which I did not agree and I was glad that the Minister did not accept it. But in devoting himself to pointing out the disadvantages of that course, the right hon. Gentleman did not address himself with his usual precision to the difficulties which were being put forward and to the suggestion which is made in the new Clause and the new Schedule: that we should have a special housing revenue account and a special housing repairs account, so that the temporary operations, which are nothing to do with housing in the ordinary sense of the term, should be kept quite apart from the ordinary routine housing operations of the authority.
It is an odd thing that whenever local authorities or Members of the House have pressed the Minister to equate the grant to the ordinary three-to-one ratio which applies to the ordinary housing subsidy, the right hon. Gentleman and those who support him have explained that that is fallacious, because this operation is not a housing operation. They have told us that it is a public health operation, dealing only with derelict houses as a temporary matter until they are pulled down; it is not part of the permanent housing undertaking.
However, when they look at the accounting of the situation they take quite a different view. Then the right hon. Gentleman said, "You must lump all this into your ordinary housing revenue account." That seems to me to be illogical. I am not an accountant and I would not press my point of view on a technical matter were it not that it has a good deal of respectable support.
At the conference of the Association of Municipal Corporations, which the right hon. Gentleman attended, dealing with this Bill a number of expert papers were read on which there was a discussion. The representative of only one local authority supported the proposal made in this Bill. The City Treasurer of Manchester said, according to page 12 of the report of the proceedings:
That is a reasonably uniform group of houses to treat as a whole, but here we are dealing with something entirely different. No contributions have been made into the repairs account in respect of these houses because ex hypothesi when they come into the possession of the local authority they are already worn out and unfit to live in. No amount of repair or careful husbanding will maintain them in a reasonable condition, and they can only be kept wind and water tight until they can be demolished. Therefore, it is not only wrong from an accountancy point of view, but also from a common-sense view, that houses of this kind should become a burden on the repairs fund which is being built up by the local authority to deal with its normal permanent houses.
As I understood the right hon. Gentleman, he accepted that but said, "I think this can be done within the housing revenue account and within the housing repairs account by keeping a separate line for these operations." I cannot understand why the Minister wants to do that, because it is clumsy. It would be much better to have an independent account than to have a little incision in the housing revenue account and the housing repairs account with asterisks indicating that those who want to know the position must deduct so much from one side or the other. The survey made by the Institute of Municipal Treasurers and Accountants, which shows the balance in the housing revenue account of the various authorities, will be meaningless if it includes those operations, which are altogether different in character.
It will also raise the question of whether the balance on the housing revenue account of permanent housing carefully built up by the housing authority is to be spent on temporary houses before there is a charge met out of the rate fund, or whether there is to be an independent costing of the account so that at the end of the period we can see how much is to be paid each year from the rate fund to deal with these patched houses.
From every point of view the sensible thing to do is to keep this apart from the normal housing operation and to have independent accounts published so that we can see, at the end of the period, precisely how much the houses cost. What the public want to know, what the local authority wants to know, what the Minister wants to know, what the Committee wants to know, is precisely how much the operation envisaged in this part of the Bill is costing, whether it is working, and if it is putting a much heavier burden on the local authority than the right hon. Gentleman thought.
After all, in private life if we want to know what our car is costing we do not link it up with clothes and do some subtraction at the end of the year. The right hon Gentleman would not do this in his private life so I cannot understand why he wants to do it in the Bill. Since the weight of opinion of the local authorities is in favour of it, and as the Minister has already told us that he likes to accept Amendments, that he likes a matey feeling in the Committee, that he likes to be generous and likes us to appreciate his generosity, common sense and prudence should induce him to accept this Amendment.
I support my hon. Friend on this series of Amendments and I appeal to the right hon. Gentleman once again to fall into line with the views expressed on them. It is difficult, if not impossible, if the financing of the repairs of these houses is to be included in the ordinary housing revenue account, to dissociate the liability which will fall upon local authorities from the general liability of the housing revenue account unless there is some special account to provide for these houses alone. Because they are special houses, they are not new dwellings, and it is vital that they should not be introduced and become part and parcel of the general financial administration of local authorities' housing estates.
All local authorities expect, quite rightly, that the obligations which the Minister will now impose upon them to maintain these worn out houses will inevitably lead to a deficit. The one case put before us is that of Birmingham, where we have carried out considerable development. We have found that where not more than five years' life has been placed upon these old houses it costs about £40 on normal repairs over a period of three years for such a house, £60 over a period of four years for such a house, and £80 over a period of five years for such a house.
4.30 p.m.
How does that square with the contribution which the right hon. Gentleman is to make towards the cost of repairs and maintenance? He proposes to provide £3 a year for 15 years, a total of £45, which must last a local authority for 15 years. It is quite true that the local authority has to contribute a similar amount which, over a period of 15 years, makes the total £90. But on the experience of Birmingham, £80 or that £90 will have gone in the first five years, and it may be another five, 10 or more years before the house is finally demolished.
Therefore, the expenditure on maintaining such a house in a reasonable condition of repair after the first five years is going to be a deficit upon the local authority, and if this deficit is included in the housing revenue account, it will inevitably become a charge on the income of that account, which, we believe, is most unfair. It is also very unwise.
It would not cost the right hon. Gentleman very much to accede to this request if he is really of the view that he does not want the deficit on these old houses to become a liability on the income of the normal housing revenue account. I can see no reason why he should not agree to our proposal. If he agrees, we shall then have quite clearly before us the financial liabilities involved in the provisions of the Bill, and shall be able to see whether they are right or not.
All experience tends to show that our views are right. They are based, very largely, on the experience gained in Birmingham, not to mention other parts of the country. Therefore, we feel that this deficit must be very clearly shown so that the ratepayers may know what the local authority is doing and whether the deficiency in the special housing repairs account should be made good by a special resolution of the council, and all concerned may be aware of what precisely is the deficit involved in carrying out the principles of the Bill. I hope that the right hon. Gentleman will be sympathetic towards the Amendment.
The hon. Member for Acton (Mr. Sparks) made rather a sweeping statement when he said, "All experience tends to show that our views are right." Whether he applied that to the whole field of philosophy or of politics, or to the narrower field of municipal accounting, I am not asserting, but I will try, without going into the wider field, to say something about the narrower field.
As the hon. Member for Widnes (Mr. MacColl) said when we discussed this matter in Committee upstairs, there was, perhaps, some confusion because the Amendments which we took together covered rather different points. But today, he has helped us very much in the way he has moved this Amendment, because he has really only dealt with one of the points, so that he and I are in complete agreement.
The transactions relating to the patched houses must be recorded in such a way that the whole story of the costs involved and whether there is a loss or a gain shall be clearly identifiable by everybody. In other words, the accounts should be published in the way in which all proper accounts are kept, whether business or municipal accounts. The income should be clearly set out as a separate series of items. In that we completely agree, and we propose to give instructions to local authorities in the circular sent out to them on the subject.
It is obviously in the interests of local authorities to do this, because, as the Committee will remember, I have been pressed continually to give the precise date on which I or my successor will review the operation. I do not say that it will be worth reviewing within 12 months or so, but, as soon as there is knowledge to be drawn from it, we and the local authorities will want such a review. The local authorities will want it, no doubt, to prove that they should have more help from the Government, and the Government may wish to have a review to prove that the local authorities should get less. In any case, everybody will want all the facts to be known, so in that sense there will be a separate account.
It is not necessary technically to keep a separate account. The hon. Gentleman asked me what I did about my private accounts. One does not keep a separate account for one's motor car. What one does is to show clearly the household accounts and what the children cost. It is not necessary to have what is legally a separate account to achieve what we want. What we want and what we intend to have—and no statutory provision is necessary for that—is a separate series of figures showing quite clearly how these costs work out. Hon. Members on both sides of the Committee want a perfectly fair and clear statement as to that, and that will be done.
There was, however—although it has not been raised today—the question of what was to happen if there was a deficit. That is quite another matter. I was coming to that, although neither hon. Gentlemen opposite has referred to it. There were only two points on that. Some hon. Members said that there was the possibility that a deficit on the patched houses might be made good from a surplus on other forms of housing rather than by an extra contribution from the rates.
This will surely affect the position of the local authorities when they ask for a revision of the Exchequer subsidies.
There will be a separate account, but it is not necessary to put it into the statute. When the time comes for review, the local authority will argue on its experience that the Exchequer contribution ought to be increased, and no doubt the Exchequer will put forward contrary arguments. On that, the House will be asked, either by me or by my successor, to reach a conclusion. So far as it is possible to ascertain the figures of these transactions, that will be done.
On the second point, the Opposition professed some concern about the possibility of a deficit on the patched houses, during, say, the intervening two years or so, being made good from a surplus on other housing rather than by an extra contribution from the rates. That is a matter for the local authority to decide, and it will be left to them. We shall make it quite clear to them that it is entirely a matter for them to decide whether they should meet a deficit on the patched houses from the general rates. No statutory provision is necessary for this. We can act under the Housing Act. 1936, but, instead of giving a special authority, we propose to give a general authority so that all decisions of that kind will beforehand have the approval of the Minister.
The right hon. Gentleman raised one further point. He wanted it established that, if this deficit was made good out of the rates, it should not be what he called an automatic act, but should be specially reported by the finance committee and debated in the council chamber. I think that is important because it is right and proper that all transactions, whether of this Committee or of a local authority, should be clearly understood by those who are members of it. I would point out, however, that these Amendments would not effect that; they would not produce that result.
I think it is for the local authority to decide the way it will conduct its business. It is a matter for the local authority's standing orders rather than for legislation. I do not think it necessary or possible to legislate the precise way in which local authorities should conduct their business, or what the relation should be between the finance committee and the general purposes committee, and so on.
I think that perhaps what I have said and what the right hon. Gentleman has said will be sufficient to draw the attention of the local authorities to this expression of the view of the Committee, that we all hope first that the transactions on patched houses will be kept in a separate column of the account so that the record can be understood, and secondly that the transactions shall be clearly understood by the members of the local authorities themselves.
What occurs to me to be a danger is that within the ordinary housing account the existing rents of council houses will be put up to meet the deficit on the patched houses. Does the right hon. Gentleman propose to leave that to the local authority, or to take any steps to prevent what I should think we should all regard as quite undesirable?
We have cleared up the point about the accounts being kept separately. As to the question whether the deficit can arise before the review, ex hypothesi it can do as it may be, perhaps, two or three years, perhaps less, before the review takes place. How is the deficit dealt with? That is a matter for the local authority.
This is a very much more important matter than it appears on the surface to be, and we had a very long and useful discussion on it in Standing Committee. There are a number of distinct points involved. There is, first of all, the necessity to keep quite clear what is happening about the patching up accounts. The right hon. Gentleman is certainly correct in saying that, irrespective of the discussion in the Committee upstairs or here, the local authorities would probably, indeed, almost certainly, keep a separate accounting. That we understand, because, as the Minister himself said, he would have no proper opportunity of making a review unless he had the facts.
However, there is a different matter to which I attach very great importance indeed, and that is, that if a deficit is realised on this activity it ought to involve a definite resolution of a statutory meeting of the local authority to deal with it. If there were a separate statutory account that would be necessary. It would not interfere with the local authority's right to decide whether it should meet the deficit out of the housing repairs account or the general rate account, but it would mean that, to meet the deficit, all members of the council would be alerted, and that the business would not be done in the obscurity of a sub-committee of the finance committee or hidden in the general minutes of a quarterly meeting, as it can be. In other words, we want a danger signal sounded.
The right hon. Gentleman was rather beside the point when he said we were speaking of a deficit that might arise before he made his review. Even after he makes the review, even if it is shown that over the country as a whole his own financial provisions are adequate, the individual local authority will not have been dealt with. There would still be quite substantial changes for individual authorities even if the general picture should be more satisfactory, and we are dealing with the individual authority here, and not with the situation of the country as a whole.
4.45 p.m.
We are not suggesting that the language we use in the Amendment necessarily attains our end. It is for the Minister to say whether he agrees with our intention or not, and, if he agrees, to obtain the necessary technical advice on how to put it in the proper language. What we seek is the keeping of a proper statutory account for this purpose so that the local authority will have the matter continually brought before it and be able to review its activities in this regard.
There is a second point. We think it is extremely undesirable that a local authority should be able to make good any deficit out of the housing repairs account—extremely undesirable. It ought to be forbidden to do so, and for two good reasons. First, it must be remembered that for obvious reasons there is always—and sometimes an unwholesome—pressure by certain pressure groups locally to prevent a rise in the rates.
Those of us who have been members of local authorities know that, particularly before derating, there were always very powerful elements on local authorities anxious to prevent a rise in the rates because they would pay a very large proportion of the rise. I remember that when I was a member of a water undertaking the local colliery undertakings always wanted to revise the water charges because if there was a special water rate they paid nothing.
The local authorities always have the problem whether to try to make a special surplus, or to apply to the general rate itself for an increase. So it is an exceedingly important matter that the local authority should not be allowed to raid its repairs account for what has been described as a public health activity. This was what my hon. Friend the Member for Widnes (Mr. MacColl) emphasised.
It is also desirable that the deficit should be a charge on the general rate because then the Minister would have to pay some of it in some cases, because under the rate equalisation grant scheme the Government are ratepayers to deficit authorities. If this debate today calls the attention of the local authorities to this point it will have done some good on that account alone. It is important to remember that to a local authority below the line the Exchequer is a ratepayer. It would certainly be undesirable to relieve the Exchequer of the necessity to contribute where the tenants of the houses would have to pay.
There is yet another point which is very important. I am certain the Reports of our discussions will be read, so they will do some good. It is of the utmost importance that there should be a good relationship between the tenants of the local authorities and the local authorities. From time to time rents have to be adjusted. The local authorities have to tell their tenants repairs are costing more than they expected, and that the tenants must pay a slight increase in their rents.
Nothing would do more damage to the relationship between the tenants and the local authorities that a tenant's being able to point out that the housing repairs account had been used to pay the deficit arising because of payments made on patching up. Tenants would say, "Why should we pay more because you have not pulled those slums down? Why should we pay an increase in rent in respect of an activity which ought to have been properly financed by the Exchequer or borne on the general rate?"
It seems to us that the argument for keeping this fund a separate statutory fund is very strong. The local authority ought not to have the liberty of movement which the right hon. Gentleman is suggesting because subsidies on the new houses are based on certain assumptions and those assumptions are liable to be invalidated if this account enters into them.
We are not anxious to press this Amendment to a Division, because we have not time to divide the Committee except on the most urgent and important matters, but I hope the right hon. Gentleman will look at it again. He can deal with it in another place if he so desires.
One or two matters in relation to the reply of the Minister are still obscure. One thing which is obscure is why it is necessary to have Clause 13 in the Bill at all. The Minister said that he does not want to interfere with the right of local authorities to make their own decisions as to how they keep accounts. But that is precisely what he is doing because, under Clause 13, he is telling Birmingham—which has been keeping quite different accounts, as my hon. Friend the Member for Widnes (Mr. MacColl) said, and is keeping the sugar and the sand completely separate—"Whether you like it or not, you have to keep one housing revenue account. You have to mix the sugar with the sand."
No reason whatever has been given by the Minister why these methods of accountancy which he suggests are necessary. Some of us are inclined to place the worst interpretation on that and to suggest that it is being done for a deliberate purpose which has not been disclosed, to obscure the real state of this account so that if the local authorities go to the Exchequer it can be said that they have a surplus in the housing revenue account and they may be asked why they do not use that.
As my right hon. Friend the Member for Ebbw Vale (Mr. Bevan) said, it might result in an increase—this is the most dangerous thing—in a deficit on the repairs account, or at least it might be borne as a charge on the repairs account, resulting in an increase in the rents of municipal houses to meet that deficit.
We cannot be satisfied with the explanation of the Minister until he tells us what is the reason for Clause 13 and why he is thrusting this on local authorities. For instance, why is he telling the City of Birmingham, which has a wide and long experience of this subject, how it should run its accounts and to change its methods of running accounts, apparently without any sort of consultation and with no reason being given?
The Minister is, of course, aware that local authorities would not feel that they were being in any way frustrated or circumscribed if he told them to keep a separate account because the Association of Municipal Corporations, having considered the whole matter, came to the conclusion that a separate account would be best. But, during the Committee stage upstairs, I got the impression that the Minister said that he would look at this again and gave an undertaking that he would be sending out a circular the effect of which would be that, while local authorities would not be instructed to keep a separate account, there should be a separate page used in the ledger so that it would be perfectly clear.
Much play was made by hon. Members on both sides of the Committee about the danger, if it were kept in the same account, that a surplus on the housing revenue account might be used to bolster a deficit on the patching account. I listened with great care this afternoon and was hoping against hope that my right hon. Friend would call attention to this matter. Let me assure him that housing authorities are most anxious to see that there is no use made of the surplus on the housing revenue account to bolster a deficiency elsewhere. They want that to be abundantly clear.
Probably they want it to be clear so that the account will be simple and easy to understand when they approach my right hon. Friend, or his successor, I wish to ask my right hon. Friend whether he will make abundantly clear, in his circular, that no part of the surplus on the normal housing revenue account shall be used in any way to pay for any deficiency—
The Minister cannot do that by order. That is the reason why we are asking that there should be a change in the law. Unless it is done by statute, the Minister cannot tell local authorities what to do with the money.
I am grateful to the right hon. Member for Ebbw Vale (Mr. Bevan) for putting the point. But the issue still remains. If the right hon. Member is right, it is possible for local authorities to use the surplus to pay for patching and not to use the rate fund, which they should use to make the matter above board. If that is so it is possible for housing local authorities to take from the people who have paid rents over many years in order to build up the housing revenue account surplus for a special fund or a section of a fund, to wit, patching.
As was maintained by my right hon. Friend in Committee upstairs, this new patching system of dealing with houses which should be abolished is a public health service and cannot be considered as housing at all. It is a public health service of a limited kind. Therefore, it should be completely and utterly divorced from housing qua housing. It seems that, unless the Minister takes power in some form or another—the right hon. Member says he cannot do it by regulation—we shall find the finance committees of certain local authorities—not the housing committees—will say, "There is a surplus of £20,000 on the housing revenue account built up for expenditure to be made over the next 20, 30 or 40 years," and they will raid that money. It would be an impossible position if a local authority could raid that money when it had been contributed by the tenants of the houses owned by the council.
The housing revenue account is made up of statutory rate contribution from the Exchequer, rents paid by the tenants, and a supplementary contribution. If there is a surplus that surplus has been received from the tenants of council houses. As this is a public health operation, as it seems to me, I should be grateful if my right hon. Friend would tell us that in some way or other the local authorities will be prohibited from raiding a fund which has nothing whatever to do with patching.
5.0 p.m.
I had hoped to be able to ask leave to withdraw the Amendment, because it seems to be the height of absurdity that we should be getting into this extraordinary confusion on a purely technical question involving accounting. The hon. Member for Dulwich (Mr. Robert Jenkins) who is, politically, poles apart from my right hon. Friend and myself, has spoken just as strongly as we have about the futility of this proposal. The hon. Member speaks with many years' experience of local government and close contact with the Association of Municipal Corporations, whose view has already been quoted. Could anything be more absurd than that a difficulty such as this should arise when the whole matter could be dealt with by an accounting change?
The Minister twitted me with having laid so much emphasis on the point of principle. If only he would be sensible about the accounting point no other difficulty would arise. It would be easy and logical to have a separate account and then all the fears which have been expressed would be allayed.
On reading Clause 13, it seems to me doubtful whether there is any chance of the Minister being able to act by order. The only thing which appeals to me about what he said is that it indicates quite clearly that he knows even less about accountancy than I do. This has nothing to do with a banking account. These are ledger accounts and nothing to do with a banking account. In fact, they all go through the same banking account. If the right hon. Gentleman would get that clear he would not allow himself to be pushed, for some obscure drafting reason, into creating this confusion. Absurd as it may seem, I find I cannot ask leave to withdraw the Amendment.
Does the right hon. Gentleman not wish to make a further statement on this matter? He has been rather stubborn and he knows he can alter it in another place if he wishes. I think it would be reasonable to give such an undertaking.
Amendment negatived.
I beg to move, in page 7, line 21, to leave out "sixty," and to insert "five."
This Amendment is moved to mitigate in some degree the heavy financial burden imposed upon local authorities by this Bill. At present, the provisions are that half the loan charges for the purchase of the site and the repair and patching up of houses are to be borne by the Exchequer and half by the local rates. Of course, the loan charges will exist for a period of 60 years because the period of amortisation of the loan is laid down in the Bill as that period. But it is surely not considered by anyone that patched up houses will last for 60 years. We hope that in most cases they will not endure for more than five years. At all events, they should not last for more than 10 years, and by that time the tenants should have been rehoused in new and up-to-date council houses.
If we take a period of 10 years, after which the tenants will be so rehoused, at the end of that period the 50 per cent, contribution from the Treasury ceases, and for 50 years the local authority will have to bear the full cost of the loan charges. That will mean an additional burden upon local authorities.
I know that it may be argued that when the repaired house is pulled down another council house might be built on the site which, in turn, will attract grant. But it is likely that the slum houses to be repaired will be crowded closely together. Most, if not all, of them are of the terraced type. Five or six may be pulled down, but the site so cleared may be sufficient for only one council house; so that a grant for five houses is lost and a grant for only one obtained.
It may well be that the cleared site will not be used for rehousing purposes at all. Most of these slum dwellings are in the older and least attractive parts of the town. The local authorities, quite rightly, plan their new housing estates upon the outskirts of the towns in more attractive surroundings. It is, therefore, likely that these cleared sites will not be used for housing purposes, but for road improvements or to provide open spaces in which children may play.
There is no guarantee that when the site is cleared and the local authority has lost 50 per cent, of the payment on the loan charges it will be occupied by any other form of building which in its turn would attract grant. There seems to be every reason to believe that the Clause, as worded may lose revenue to the local authorities at a time when they are viewing with alarm rapidly rising rates and asking, not that more burdens shall be put upon them from the central Government, but that the central Government should relieve them of some of their present burdens by making more generous grants to the various services.
This matter was discussed in Committee upstairs and an Amendment moved by my hon. and learned Friend the Member for Kettering (Mr. Mitchison). We are not wedded to the word "five." It could be altered to "ten" or even "fifteen" if the Minister so wished. I am quite sure that local authorities desire this. It was my own borough treasurer who first drew my attention to it.
At the conclusion of the discussion in Committee upstairs the Minister said that he would have a new look at this. I hope he has had a new look and that as a result he has designed a new financial garment which the local authorities would be pleased to wear.
I support the Amendment.
The Minister, who is remarkably generous in some respects towards landlords, has been regrettably parsimonious towards local authorities. In fact, every local authority that will be concerned has declared in the clearest possible terms that it will cost it a very great deal of money indeed at a time when local authorities are already hard put to it to raise money for necessary purposes. The object of the Amendment is, frankly, to get some more money out of the Treasury instead of taking it out of the pockets of the local authorities, and it happens, for once, to be within the terms of the Money Resolution.
I will give an instance of how it would work. We are dealing with houses which are likely to have a life of about five years. If the Amendment were accepted then on a five-year life the Minister and the local authority would pay half each towards the cost of the site. If, on the other hand, the Bill is left as it is, the Minister will pay one-twenty-fourth of price of the site and the local authority will pay twenty-three-twenty-fourths. I have heard people—I think I could charge the Minister or the Parliamentary Secretary—talk loosely about paying half the cost of the site. The Bill does not provide anything of the sort. It merely provides that the Minister's contributions shall go on as long as the house is used for housing purposes—I am not talking about the maintenance contributions.
The effect of this is to delude a careless person into thinking that the Minister really intends to make a substantial contribution towards the cost of the site when, in fact, he will not do anything of the sort. The time has come to make him—to use a somewhat unparliamentary expression—cough up a bit more for the local authorities than he has shown any sign of doing so far. He has coughed up a bit more in the matter of maintenance, but this ingenious device has hidden from a number of local authorities the fact that it was they and not the Minister who would, substantially, have to pay for the cost of the site. It is high time that something was done for them in that respect.
Will the hon. and learned Gentleman say what he means by saying that the Minister will pay only one-twenty-fourth of the cost of the site?
If we take a 60-year life the Minister will continue to pay his contribution for five years, and for the remaining 55 years, the local authority will pay what the Minister would have paid. If the hon. Gentleman takes a proportion of five to 60 plus 55, he will find that it is one to 23, or one-twenty-fourth of the total.
The ingenious calculation of the hon. and learned Member for Kettering (Mr. Mitchison) was based on an assumption. The assumption was that the local authority would purchase the site, borrow money for the purpose and amortise it over 60 years, and that during the five years of the patched-up house being on the site the Exchequer would give the local authority 50 per cent, towards the amortisation charges and the local authority would pay 50 per cent. The assumption he went on to make was that for the next 55 years the local authority in this clearance area would allow the site to remain derelict and not used for any purpose whatever. That is an assumption which is not valid.
Might it not be used for some purpose which did not attract any grant at all?
The case quoted by the hon. Member for Southampton, Itchen (Mr. Morley) would attract a 50 per cent, grant. Generally speaking, the Exchequer gives a grant of 50 per cent, or more in almost all grant-aided services. One of the points advanced is that the ratio of one to one is mean in relation to the other grants given by the Exchequer. Therefore, it would pay the local authority to get rid of the house as quickly as it could and to use the site for some useful purpose as quickly as possible so as to get a bigger grant.
I made no assumption. If the hon. Gentleman will read his own Bill he will find that that is the inevitable effect of putting a repayment period of 60 years in the place where it is in the Bill. I did not deal with the other point because my hon. Friend had dealt with it so well already that I did not think that I could add anything to what he had to say—and we must not forget the Guillotine.
On the calculation of l/24th by the Exchequer and 23/24ths by the local authority, the assumption was that for five years the site would be used for the purpose of having a house on it, and for the remaining 55 years it would be derelict and it would attract no grant.
5.15 p.m.
There are two grants. The first is the acquisition of the site grant and the second is the grant for patching. There has been some confusion in the country and there was a little in Standing Committee about the two grants. I should like to explain them. They are different in character because, on acquisition of the site, the local authority has no control over the amount of money paid. The initial cost of the site will be borrowed from the Public Works Loan Board and will be amortised, as it were, over 60 years. Of those costs 50 per cent, will be paid by the Exchequer and 50 per cent. by the local authority while the house is being used—
No.
Perhaps I could be allowed to finish the sentence—while the house is being used as a patched house. On the question of the unit grant for patching, that expenditure will vary. It is within the control of the local authority and it is intended to keep central control to a minimum. To discourage extravagance the grant is a unit grant of so much per annum towards the initial cost of repairs which are amortised over a period of 15 years.
The Amendment seeks to reduce the period of 60 years amortisation to five years, or some other period. The hon. Gentleman said that he was not wedded to five years; it might be 10. If it was reduced to five years that would place an almost intolerable burden on both the local authorities and the Exchequer. If the local authority were to develop a site afterwards for high cost flats, in which case it would attract a very high Exchequer grant, that would mean that a very large grant from the Exchequer will have been given towards the cost of the site.
The Amendment defeats its purpose in helping the local authorities, because almost every other grant that the Exchequer gives to local authorities is greater than 50 per cent. If the hon. Member for Itchen would think about it carefully, he would see that he would be doing a disservice to local authorities if he pressed the Amendment. They might get less money out of the Exchequer if the Amendment were accepted than they would under the Clause as it stands. I assure him that those members of the local authority associations with whom I have discussed the matter would object to an Amendment of this nature which would place an almost intolerable burden on their resources.
In view of my explanation which, I assure the Committee, has been made after diligent research to make sure that it is the correct one, I hope that the hon. Member will not press the Amendment to a Division. We have gone into the matter thoroughly since the debate upstairs, and the conclusion we have reached is clear. It would be disadvantageous to the local authorities to accept the Amendment. I hope that it will be withdrawn.
We cannot congratulate the Parliamentary Secretary on the researches he has made since we discussed this question upstairs. It is true that many local authorities regard the period of 60 years with distaste, all the more because it seems to be regarding this unpleasant patching up work as part of normal housing operations. By using the period of 60 years for amortisation, the Government are almost inevitably encouraging local authorities to regard the patching work as part of their normal housing operations. That is the last thing that we want them to do.
Whatever the hon. Gentleman may say about the possibilities of local authorities making other use of the site and gaining other grants from the Government for any further development, the fact remains that under the present proposals very much more than half the cost will in all probability fall upon the local authority. It may well be that on very many occasions—this is the sort of representation that we have had about the matter—local authorities, although they have to discontinue the use of the house because it is not fit for occupation, cannot hope to make immediate use of the site for other purposes. It may well be that even with the best will in the world the local authority will not be able to use the site. Nevertheless, it will have to continue paying not only its own share but also the Government's share of the interest rates.
It is true that, if the amortisation period were to be shortened to five years, instead of 60, the cost falling upon the local authority during the five years would be greater and that the cost to the local authority for the rest of the period would be very much less. It would also be less because the total interest charges would be a great deal less, which is another matter worth bearing in mind. We agree that the initial cost to the local authority would be greater, but the long-term cost to the local authority, which is a matter of concern to all of us, would be a great deal less.
The Parliamentary Secretary has not met our point. He seems to be attempting to cloud the issue. He is attempting to make local authorities imagine that half their interest charges on the site acquisition costs will be met, but in the great majority of cases nothing like half the cost will be met by the Exchequer and, indeed, very much more than half will be met by the local authority.
While I advise my hon. Friends to withdraw the Amendment or to let it be negatived in order to avoid waste of time in pressing the matter to a Division, I still feel that it is a matter which should be given further consideration by the Government and about which further consultations should take place with local authorities before we finally dispose of it.
I imagine that hon. Gentlemen opposite realise that it would be absurd to make this Amendment and insert here a five-year period. Five years for the amortisation of the value of a site would be a nonsensically short period. Their own Administration introduced a Housing Bill under which not merely the site but the site with a new house on it was to be amortised over 60 years.
However, I do not think that hon. Members realise—perhaps it is not entirely realised outside—that local authorities, under the Clause as drafted, stand to gain by using a site for a patched house, before they develop it for housing or some other purpose or do not develop it at all.
I will show how that comes about. Let us take one of the assumptions made by the hon. Member for Itchen (Mr. Morley), that after it has done its turn as the site of a patched house, the site is to be redeveloped for housing with the aid of subsidy. Subsidies are calculated so that the Exchequer subsidy, the rate subsidy and the assumed rent together are sufficient to amortise over 60 years the cost of the house and the site. As the hon. and learned Member for Kettering (Mr. Mitchison) has pointed out, one-twentyfourth, one-twelfth or one-eighth of the cost of the site will already have been met by the Exchequer. Thus, in the end, the local authority will be the gainer to the extent of that fraction of the cost of the site.
I will now take the extreme opposite case in which the site is used for a purpose—it is very difficult to conceive of this—for which no grant whatever is payable and where the whole cost, apart from any equalisation grant, would fall upon the local authority.
Such as open space?
No, my hon. Friend has pointed out that there would then probably be a grant of at least 50 per cent. But let us imagine a case in which the site is used for a purpose for which no grant is payable. The local authority is still the gainer to the extent of between one-twentyfourth and one-eighth of the cost of the site. In no case can the local authority do otherwise than gain appreciably by using a site which it has acquired to carry a patched house for a period up to 15 years.
Amendment negatived.
Clause, as amended, ordered to stand part of the Bill.
Clause 7.—(LOCAL AUTHORITIES' CONTRIBUTIONS.)
I beg to move, in page 7, line 26, at the end, to insert:
(2) The Minister may from time to time by order direct that the foregoing subsection shall have effect, in relation to houses approved by him for the purposes of the said section six after the date on which the order comes into force, as if for the reference to an amount equal to the contributions so payable by the Minister as aforesaid there were substituted a reference to an amount bearing such proportion to the said contributions as may be specified in the order.
An order of the Minister under this subsection shall be of no effect until it is approved by a resolution of the Commons House of Parliament.
This is consequential to Amendments which have already been made.
No.
I do not think that the hon. Member is correct. The Amendment which I have called is the second one to line 26, the first one not being selected.
To give the Parliamentary Secretary time to find his notes on this subject, perhaps I might point out to him that the Amendment raises an important point on which it appears that the Minister is beginning to show some sense of grace.
I beg the Committee's pardon. I confused the Amendment with another one.
The Amendment implements an undertaking by the Government to consider a point raised by the hon. and learned Member for Kettering (Mr. Mitchison) and my hon. Friend the Member for Dulwich (Mr. Robert Jenkins). The Bill proposes a patching grant of £3 with an equal contribution paid by the local authority from the general rates fund. This one-to-one ratio aroused some protests from local authorities. The Amendment enables the Minister by Order to vary the ratio if he thinks fit.
The taking of this power does not mean any real weakening of the present view that the contributions should be equal. To use the words of the hon. and learned Member for Kettering, we want a flexible instrument. We shall not be able to determine how this provision will work until the expiration of three years or so. That is because in the first year or two local authorities will be preparing their plans and specifications and making surveys. Only then will expenditure be made. If the expenditure shows that some drastic alteration should be made in the ratio, the Amendment would give my right hon. Friend power to vary it. Because circumstances may be different in future, my right hon. Friend has devised this Amendment to fulfil the undertaking which he gave in Committee to the hon. and learned Member for Kettering and my hon. Friend the Member for Dulwich.
I take the opportunity of thanking the Parliamentary Secretary for this concession to local authorities. If there were no Guillotine, I might say rather more.
Amendment agreed to.
Clause, as amended, ordered to stand part of the Bill.
Clause 8.—(STANDARD OF FITNESS FOR HUMAN HABITATION.)
5.30 p.m.
I suggest that the next four Amendments be taken together.
I beg to move, in page 8, line 6, to leave out "if and only."
I think the Committee would agree, Sir Leonard, with your suggestion to take the next four Amendments together, because hon. Members and the Minister will appreciate that there are two points involved, the first two Amendments dealing with the first and the other two Amendments with the second point.
The first two Amendments deal with the standard of fitness of houses which is laid down in the paragraphs ( a ) to ( h ) in the first subsection of this Clause. These items provide a basis for a standard of fitness, and we hope that the Minister will accept the Amendments in order to ensure that that standard may be enforceable.
This is the first attempt to put into housing legislation some definition of what constitutes a house fit for human habitation, and we know that there is a pressing need for some such standard of fitness to be inserted in the Bill. We also know that the local authorities, and particularly the sanitary inspectors, throughout the country have for a very long time been asking that some standard of fitness on which they might work should be incorporated in housing legislation.
I think we should register our thanks to the Mitchell Sub-Committee of the Central Housing Advisory Committee, of which I believe the hon. Member for Hampstead (Mr. H. Brooke) was a member. We should acknowledge the work which it did, and seek to profit from the recommendations made in its report. The Minister has accepted some of those recommendations and has put them in the Bill, laying down certain matters which have to be considered when deciding whether or not a house is fit for human habitation. The Minister's standard, however, is woefully below that recommended by the Mitchell Sub-Committee, but, at this stage of the Bill, it is all that we have. It is an incomplete series of items in an attempt to lay down a standard, and we are seeking to make the best of it, but we certainly wish to make it enforceable.
The first two Amendments are therefore designed to make quite clear that, if a house is below the standard in respect of any of the items set out in the Clause, it shall be considered to be unfit for human habitation. If the words in lines 6 to 8 on page 8, which constitute the latter part of subsection (1), remain unamended, it seems to us that any attempt to improve the standard will be nullified and inoperative.
We do not want that to happen. We want an improved standard in order to be able to help local authorities and their sanitary officers. If we leave the words in lines 6 to 8 on page 8 of the Bill unamended, I suggest that they will nullify the operation of this standard and bring in the element of human opinion which all the time we have been trying to avoid in laying down a standard of fitness. I hope the Minister will accept the first two Amendments and agree with this attempt to improve the standard which he has incorporated in his Bill.
The second two Amendments are consequential. We know that the Minister has put in this Clause a list of items which is incomplete, and that there is no definition of fitness. We also know that no attempt to lay down a basis of unfitness could possibly be complete, but these Amendments would allow a house to be considered unfit if it were defective in respect of items other than those laid down in the Bill. I hope the Minister will meet our request, in order to enable local authorities and sanitary inspectors throughout the country to have a proper basis upon which to work in future.
The hon. Member for Islington, South-West (Mr. A. Evans) was good enough to make kindly reference to me, but actually it was undeserved, because I was not a member of the Sub-Committee over which Sir Miles Mitchell presided so admirably, although I am a member of the main Committee of which it was a sub-committee.
All I want to point out to the hon. Gentleman and the Committee is that, if the third and fourth of his Amendments were carried, it would be a departure from a principal object of the Mitchell Sub-Committee in this direction. The Mitchell Sub-Committee was desirous of making quite clear what items ought to be looked at when the question whether a house was fit for human habitation or not was under consideration, but it strikes me that, if this group of four Amendments were accepted, it would restore the position which exists at present. There would be no definite list of items, and, even if the house were reasonably fit for human habitation in respect of all these items from ( a ) to (( h ) which are specifically laid down in the Bill, there might still be a large area of uncertainty left outside those items. That was exactly the position which the Mitchell Sub-Committee was trying to alter, and, while I have no doubt that the hon. Member for Islington, South-West is proceeding with the best intentions, he cannot plead the Mitchell Sub-Committee in support of his case.
I support this Amendment, because I think the time has come when it must be made clear exactly what is required when a house is to be considered properly and reasonably fit for human habitation.
We are not merely dealing with houses in the ordinary sense, but with the homes of the people and with the lives of men and women, and in this regard we are at present trying to indicate the minimum amount, not the maximum amount, of decent accommodation that is to be afforded to individuals. We must be very careful that, when we deal with the minimum amount, we do not go below that reasonable level below which no human being ought to be asked to accommodate himself.
Our experience has taught us already that advantage will be taken of the conditions of houses to impose rents upon tenants or to keep them within that kind of living accommodation which we see scattered throughout the country today, but which is not fit for any human being to occupy. If we leave the matter indefinite again, the same conditions will prevail in some localities as prevailed in Leicester, to which I have often referred in the Committee debates. The illustration which I gave was an indication of what some people regard as a house fit for people to live in. The tenants had to wait until the ceiling fell in before any attention was paid to whether the landlord should be prevented from taking the rents and whether the house was unfit. The ceiling fell in, and the person who had been in the house for 17 years was given other accommodation in a council house.
We are dealing with a Measure which is perpetuating slums. Let us not avoid that issue. We are dealing with houses which otherwise would be demolished. Why should we not say clearly and categorically what we mean? Would the Parliamentary Secretary be prepared to live in a house with conditions such as I have referred to? I hope I put it to him in a perfectly calm and reasonable way. Would he like a decision of that kind to be forced on him, and to be left in uncertainty, in the hands of a tribunal or of a court? Would he not prefer to know exactly what accommodation he is entitled to, if he were compelled to live in a house which in other circumstances would have been demolished? That is the standard on which we have to judge these matters.
Why should we call upon a fellow human being to accept what we would not be prepared to accept? That is all we are asking in the Amendment. It is all very well for the hon. Member for Hampstead (Mr. H. Brooke) to say that there were other reasons for the Mitchell Report. That Report lays down a reasonable standard—for whatever purposes it may have done so. The standard applies in this case as in any other case. The fact that the hon. Member was not on the Sub-Committee does not exonerate him. He accepted what that Sub-Committee did. He should accept today what he accepted then. I see the hon. Member nodding his head in assent. May I ask him to be good enough to read what he then consented to, and, instead of opposing the Amendment, to rise in wrath and anger that the ideas he then supported are not in the Bill? Let him show his sincerity by voting for the Amendment.
I want to deal with some of the points made by hon. Members opposite. There is no doubt that what we seek to do, to provide a better standard of fitness for human habitation, has the support of both sides of the Committee. It is wrong to say that the standards in the Clause are low and unsatisfactory. We have to provide a fairly comprehensive list of defects, and to leave the actual administrative decision to the general discretion of sanitary inspectors. The purpose of the Clause is flexibility. It is not true that the Miles Mitchell Sub-Committee standards have been whittled down in the Clause until they have become inadequate.
Will the hon. Gentleman bear in mind that the Report laid down standards which the Minister has not accepted? The standards in the Bill are very much lower. The Committee recommended that their standards should be a basis, which should not be subject to the judgment or discretion of the local authority.
5.45 p.m.
I do not think that statement is accurate. I have not the Miles Mitchell Report with me this afternoon, but, speaking from memory, I think they set out all the items which are listed in the Bill from ( a ) to ( h ) but with qualifying words. They referred to dampness as being "serious" and to water supply as being "adequate." I believe the Government decided that the adjectives would be better left out. It is for the sanitary inspector to decide whether the dampness is serious or comparatively insignificant.
The house has to be fit for habitation in all respects.
Of course it has. I am much obliged to the right hon. Gentleman. That is the very point. The Bill provides standards of fitness with latitude and flexibility. The Amendment would wreck the intention of the Clause and would introduce an element of uncertainty.
It is important to get clear what the Government are seeking and what we are seeking. The hon. Gentleman said that the Amendment would introduce an element of uncertainty in assessing whether a house was fit for human habitation. The converse is true. As the Bill stands, the relevant words are:
"8.—(1) In determining for any of the purposes of the principal Act whether a house is unfit for human habitation, regard shall be had to "—
then follow ( a ) to ( h )—
"and the house shall be deemed to be unfit as aforesaid if and only if it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition."
Those qualifying words bring in an element of judging which will have to be exercised. I thank the hon. Member for Henley (Mr. Hay) for being so patient with me in my interjection, but I would point out that the Mitchell Sub-Committee did say:
"We think the time has come that the standard, instead of being merely a standard for guidance might be prescribed by law as a minimum."
That quotation gives exactly what the Clause seeks to do. [ Interruption. ] Perhaps hon. Gentlemen will let me give my interpretation of the Clause. The sanitary inspector has to decide whether a house is fit or unfit for human habitation. The Clause tells him that in deciding this matter he must have regard to its condition in respect of certain things. Those things, unqualified by adjectives which might confuse the issue, are listed in subsection (1). The Clause goes on to tell him that the house is to be deemed unfit if and only if—which means, "provided only that"—it is so far defective in one or more of those things that it is not reasonably suitable for human habitation. I think, therefore, that the sanitary inspector would say, "I have to look at these different things. I tick them off one after another and say whether they are good or bad. Then I come to one item where the standard is so bad that it is obvious that the house is not fit for human habitation."
I think that is a thoroughly satisfactory and completely flexible method of dealing with it. If one accepts the hon. Member's Amendment, the house is to be deemed unfit if it is defective in any one of these matters, and I think that is, in a way, exactly the same thing. But his second set of Amendments makes the addition that it is not reasonably suitable for occupation, which I think completely confuses and fogs the whole issue.
I think the argument is misconceived. I hope the hon. Gentleman will think better of it, and I certainly hope that he will not seek to divide the Committee on this obscure but none the less, as I believe, desirable Clause.
In our opinion this Clause is a retreat, in two respects, from existing standards. By subsection (2) existing local byelaws and regulations which govern the standards of repairs, some of which are fairly high and very good, are ruled out. Local authorities are very much concerned about the operation of this Clause.
There might well be a case for ruling out existing standards if we introduced a new and general standard at least as high as that already enforced by local authorities. This Clause does not do that at all. It does not set up new standards. It does not say, as the Mitchell Sub-Committee says, that a house can be unfit for human habitation if it is unfit in one way. The Clause only says that local authorities shall have regard to certain matters, but local authorities could have regard to those matters before this Bill was introduced.
This Bill introduces nothing fresh at all in that respect. The effective part is that it says the house shall be deemed unfit if, and only if, it is defective in these respects. A house may be defective in any other respect, with regard to the structure or the staircase—all sorts of things may make a house unfit—but those matters, which the local authority could have considered before the Bill, cannot now be even considered at all. In my submission, it is quite clear that this Clause is a retreat from the local byelaws and from the definition set out in the 1936 Act. All that this series of Amendments seeks to do is to ensure that other matters can be taken into consideration by local authorities in deciding whether a house is fit or unfit for human habitation.
That this is an unsatisfactory state of affairs is proved by the fact that in subsection (2) of the Clause back-to-back houses are expressly excluded in order to make sure that they still come under the provisions of the 1936 Act, and are considered unfit for human habitation. I do not know what the Minister wanted to do. If, in fact, he intended to create a standard for the first time, this Clause does not do it. I hope that he will look at this matter again and accept these Amendments.
These Amendments, while no doubt well-intentioned, are, I believe, completely unworkable, more particularly the second of them which seeks to leave out the words "so far." The Clause as it stands, while no one suggests that it is the final form, is a great advance. The present arrangement is that one looks at the house and then decides whether it is so far defective in one or more respects that it is not reasonably fit for human habitation. If the Amendment were accepted, that part of the Clause would read, "if it is defective."
It must be remembered that here we are discussing a completely penal Clause. Once this is decided, the place has to be pulled down, and that is an end of it. [HON. MEMBERS: "NO."] Yes, this will decide whether the house is unfit for human habitation. If we accept this Amendment, the house will become unfit under the Bill if, in any of these respects, it is defective.
Apart from the declarations this is the Clause by which the house qualifies for the increase, and for that reason we attach great importance to it. If the house is defective in a minor degree, that can be put right.
With great respect, the right hon. Gentleman has not got the point. If these Amendments are accepted, this Clause defining an unfit house will be in a form which says that the house is automatically unfit if it is defective in one of these respects. I ask the Committee to consider drainage and sanitary conveniences in all the houses in rural districts up and down the country. On both sides of the Committee we are agreed that sanitary conveniences in those houses are defective by modern standards. But to say that all those houses, automatically and without any flexibility, are ipso facto to be deemed unfit for human habitation as soon as the Bill becomes an Act is completely unworkable and out of touch with realities.
It is on that ground rather than the more complicated grounds—though I agree with them—that I urge the Committee to reject the Amendments. Though what they seek may become possible as the years go by, any automatic decision by statute that a house is unfit for human habitation if defective in any one of the matters listed is completely out of touch with realities and unworkable. For that reason alone, we shall be well advised not to accept the Amendments.
I think that everyone in the Committee will have sympathy with the object expressed by the hon. Member for Islington, South-West (Mr. A. Evans). We should all like the standard of existing houses to be brought as high as possible—when it is practicable and possible. What we have to address ourselves to is whether this is the precise moment when this should be brought in.
These are well-intentioned Amendments. First of all, I should like to deal with the basis of the argument of the hon. Member for Islington, South-East. He based his argument on the Miles Mitchell Committee and the relevant part is in paragraph 23 of that Committee's Report "Standards of Fitness," published in 1946. It recommended:
6.0 p.m.
The hon. Member for Leicester, Northwest (Mr. Janner) referred to the statement of my hon. Friend the Member for Hampstead (Mr. H. Brooke) that the Miles Mitchell Committee may have had other reasons for arriving at their conclusion. My hon. Friend was trying to point out that it had come to other conclusions, which controlled and governed those on which these Amendments are based. Those other conclusions, which were not referred to by the hon. Member for Islington, South-West, are contained in paragraph 24 of the Report, which says: The Minister is of the opinion that this is not the right time, for reasons which have been advanced by my hon. Friend the Member for Oldham, East (Mr. Horobin). With new houses it is perfectly easy, but it would mean that many old ones would have to be condemned as unfit at once.
The Parliamentary Secretary has left out two words. The Report says that the Minister of Health has to be satisfied that the time has come. Is the Minister of Health here, in order that we may cross-examine him?
That is not one of the more powerful points with which I usually associate the hon. Member. In 1946, the Minister responsible for housing was the right hon. Member for Ebbw Vale (Mr. Bevan), who dealt with the matter as Minister of Health. It is the Minister of Housing, in the present Administration, to whom the recommendation in the Report is addressed.
If a house were defective and substantially unfit for human habitation, independently of any ground set out in Clause 8, is the Minister contending that that fact ought not to be taken into consideration?
I should like to know what ground the hon. and learned Member has in mind. As I read Clause 8, it covers almost everything in respect of which a house can be unfit.
If that is so, why refuse to include the words "in other respects," which are contained in the third of this series of Amendments?
If the hon. and learned Gentleman will allow me to get on with my argument, I shall deal with that point in due course. There are some important items of principle which hon. Members opposite wish to discuss later, and I think they would want me to get on as speedily as possible. These Amendments would provide that a house was regarded as unfit if it did not satisfy all the specified requirements.
The hon. Member for Leicester, Northwest asked if I should like to live in a house which was of a very low standard. If the local authority considers that a house is unfit in the respects laid down in this Clause, it may declare that it is unfit. The Clause allows for flexibility in deciding whether or not a house is unfit. My own house, which has no damp course, might be regarded as unfit by my local authority. As my hon. Friend the Member for Henley (Mr. Hay) said, the Clause at present contains the same list of requirements as was mentioned in the Miles Mitchell Report, but instead of saying that a house is unfit if it does not satisfy every item in that list, we say that it shall be regarded as unfit:
They virtually reduce the question to a simple matter of ticking off a list of conditions, and they would take away from local authorities a large measure of the control which they now have in judging local conditions. I hope that the Committee will decide that local authorities are the best people to decide whether a house is unfit in the light of the provisions of this Clause. They can assess all the deficiencies of houses and make their decisions accordingly, and those decisions will be abided by. I do not think that we should lay down a rigid standard, eight years after the Mitchell Report was published, when the state of existing houses is worse, so long as we know that if we do so we shall condemn hundreds and thousands of houses, or even more, as unfit for human habitation. That would not be acceptable to the people.
With that explanation, and my assurance that my right hon. Friend is sympathetic to what hon. Members opposite have in mind, and regards these as well- intentioned Amendments, which are not possible to accept at the moment—because politics, like housing, is the art of the possible and not always the highly desirable—I hope that the hon. Member for Islington, South-West will withdraw this Amendment.
As we are slightly behind the schedule we have set for ourselves, I shall say only a few words in concluding the debate from this side of the Committee. We do not regard the answer of the Parliamentary Secretary as satisfactory, and on this occasion we must divide the Committee. We consider that this Clause lays down a standard lower than that applied by local authorities.
As my hon. Friend the Member for Erdington (Mr. J. Silverman) mentioned, the Bill abolishes local byelaws which include standards superior to those contained in the Bill. In that respect the Bill is retrogressive rather than progressive. Furthermore, we consider that the Minister has tried as far as he can, to avoid definition in the name of resilience—a word I am getting tired of, because when anyone wants to run away from a precise definition he does it in the name of resilience, which means introducing into the law of the land the utmost degree of imprecision. We want this standard to be more austere than that suggested by the Minister.
The Clause uses the phrase, "regard shall be had," which is far less austere than the term used in the Miles Mitchell Report. If that is not enough, it then refers to "reasonably suitable," which is all right, because in a statute we obviously cannot go too far in defining. Then it says:
I would remind hon. Members that we are dealing not only with the standard below which houses must be condemned but also, with the exception of decoration, with the standard which qualifies for rent increases.
And repairs.
I am very glad the hon. Member mentioned repairs, because I want to give an illustration of what is happening in that respect.
The right hon. Member said, "with the exception of decoration." It should be, "decoration and repairs."
Certainly. I shall tell him exactly what is happening. During the past few days I have received one or two letters informing me that tenants have been approached by rent collectors who have suggested that they might do internal decorations. In some cases the tenants say that they have not seen their landlords for 15 years, and that the collector has never bothered about repairs and decorations before.
The question of decorations having been included in the Bill, the landlord is now saying to the tenant, "Let me do a few decorations. If you do not want me to do decorations inside the house I shall have to do something outside, which may not be as valuable for you." In other words, landlords are now deliberately spending small sums of money in order to qualify for permanent rent increases. That sort of thing is happening everywhere. Our difficulty arises from the fact that what might have seemed at first to be a generous concession by the Minister—to include decorations among the other items which qualify for rent increases—has now become an escape clause for the landlords.
I do not press this point, because we shall come to it later in a more tangible way; but so long as decorations are carried out and money is spent upon them, that is a qualification for the repairs increase and that is the test for habitability. So the lower we make the test for habitability, the easier is the situation for the landlord. He can get his increase all right under what was supposed to be a concession. We are speaking about the 6 million to 7 million houses in Great Britain. In other words, the standard test laid down for habitability, or rather the standard below which houses would be declared unfit for human habitation, is the standard for 6 or 7 million houses for rent increases and for the continuation of the increases under the 1920 Act, because it has to be remembered that if a landlord gets a certificate for disrepair by being able to show that the house is not in a fit condition for human habitation—in other words, if he is able to prove it is a slum and only if he proves it is a slum—on this definition he is protected. He can in that case have not only the increase under this Bill but the increase under the 1920 Act as well.
Is the right hon. Gentleman arguing that the great majority of these 6 million houses are defective in repair under the definition of this Bill, which includes decorations? If he is, then under this Amendment all the 6 million houses would be automatically held unfit for human habitation.
No such thing. I am arguing that the definition of fitness which we are speaking about is not merely a definition to be applied by the local authority as to whether a house is fit to be kept up or not; but is also the main definition for an increase of rent. To the extent that the standard is low,
the tenant will be living in an unfit house, and the landlord will be enjoying two rent increases.
The hon. Member said that a house had only to be slightly defective in order to be at once condemned. If it is only slightly defective, it can be repaired. The element of flexibility is there already. There is no doubt about that. The word "reasonably" is sufficient to deal with the main point made by the hon. Member. It seems to me that we are bound to divide the Committee because we consider that if this came to be applied, it would be an act of retrogression throughout the whole country.
Question put, "That 'if and only' stand part of the Clause."
The Committee divided: Ayes, 274; Noes, 250.
Division No. 62.] AYES [6.15 p.m. Allan, R. A. (Paddington, S.) Crosthwaite-Eyre, Col O. E. Harrison, Col. J. H. (Eye) Alport, C. J. M. Crouch, R. F. Harvey, Ian (Harrow, E.) Amery. Rt. Hon. Heathcoat (Tiverton) Crowder, Sir John (Finchley) Harvie-Watt, Sir George Anstruther-Gray, Major W. J. Crowder, Petre (Ruislip—Northwood) Hay, John Anbuthnot, John Darling, Sir William (Edinburgh, S.) Heald, Rt. Hon. Sir Lionel Assheton, Rt. Hon. R. (Blackburn, W.) Davidson, Viscountess Heath, Edward Baker, P. A. D. Deedes, W. F. Henderson, John (Cathcart) Baldock, Lt.-Cmdr. J. M. Digby, S. Wingfield Higgs, J. M. C. Baldwin, A. E. Dodde-Parker, A. D. Hill, Dr. Charles (Luton) Banks, Col. C. Donaldson, Cmdr. C. E. McA. Hill, Mrs. E. (Wythenshawe) Barlow, Sir John Doughty, C. J. A. Hinchingbrooke, Viscount Baxter, A. B. Douglas-Hamilton, Lord Malcolm Hirst, Geoffrey Beach, Maj. Hicks Dugdale, Rt. Hon. Sir T. (Richmond) Holland-Martin, C. J. Bell, Philip (Bolton, E.) Duncan, Capt. J. A. L. Hollis, M. C. Bell, Ronald (Bucks, S.) Duthie, W. S. Holt, A. F. Bennett, F. M. (Reading, N.) Eccles, Rt. Hen. Sir D. M. Hope, Lord John Bennett, Dr. Reginald (Gosport) Eden, Rt. Hon. A. Hopkinson, Rt. Hon. Henry Bennett, William (Woodside) Eden, J. B. (Bournemouth, West) Horobin, I. M. Bevins, J. R. (Toxteth) Elliot, Rt. Hon. W. E. Horsbrugh, Rt. Hon. Florence 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. Hutchison, Sir Ian Clark (E'b'rgh, W.) Boyd-Carpenter, Rt. Hon. J A Fletcher, Sir Walter (Bury) Hutchison, James (Scotstoun) Boyle, Sir Edward Fletcher-Cooke, C. Hyde, Lt.-Col. H. M. Braine, B. R. Ford, Mrs. Patricia Hylton-Foster, H. B. H. Braithwaite, Sir Gurney Fort, R. Iremonger, T. L. Bromley-Davenport, Lt.-Col. W. H Foster, John Jenkins, Robert (Dulwich) Brooke, Henry (Hampstead) Fraser, Hon. Hugh (Stone) Jennings, Sir Roland Brooman-White, R. C. Fraser, Sir Ian (Morecambe & Lonsdale) Johnson, Eric (Blackley) Browne, Jack (Govan) Fyfe, Rt. Hon. Sir David Maxwell Johnson, Howard (Kemptown) Buchan-Hepburn, Rt. Hon. P. G. T Galbraith, Rt. Hon. T. D. (Pollok) Jones, A. (Hall Green) Bullard, D. G. Galbraith, T. G. D. (Hillhead) Johnson-Hicks, Hon. L. W. Bullus, Wing Commander E. E. Garner-Evans, E. H. Kerby, Capt. H. B. Burden, F. F. A. George, Rt. Hon. Maj. G. Lloyd Kerr, H. W. Butcher, Sir Herbert Glover, D. Lambert, Hon. G. Butler, Rt. Hon R A. (Saffron Walden) Godber, J. B. Lambton, Viscount Campbell, Sir David Gomme-Duncan, Col. A Lancaster, Col. C. G Channon, H. Gough, C. F. H. Langford-Holt, J. A. Churchill, Rt. Hon. Sir Winston Gower, H. R. Leather, E. H. C. Clarke, Col. Ralph Graham, Sir Fergus Legge-Bourke, Maj. E. A. H. Clarke, Brig. Terence (Portsmouth, W) Grimond, J. Legh, Hon. Peter (Petersfield) Cole, Norman Grimston, Hon. John (St. Albans) Lennox-Boyd, Rt. Hon. A. T. Colegate, W. A. Grimston, Sir Robert (Westbury) Lindsay, Martin Conant, Maj. R. J. E. Hall, John (Wycombe) Linstead, Sir H. N. Cooper, Sqn. Ldr Albert Harden, J. R. E. Llewellyn, D. T. Cooper-Key, E. M. Hare, Hon. J. H. Lloyd, Maj. Sir Guy (Renfrew, E.) Craddock, Beresford (Spelthorne) Harris, Frederic (Croydon, N.) Lloyd, Rt. Hon. Selwyn (Wirral) Crookshank, Capt. Rt. Hon. H. F. C. Harris, Reader (Heston) Lockwood, Lt.-Col. J C. Longden, Gilbert Peake, Rt. Hon. O. Stoddart-Scott, Col. M. Low, A. R. W. Perkins, Sir Robert Storey, S. Lucas, Sir Jocelyn (Portsmouth, S.) Peto, Brig. C. H. M Strauss, Henry (Norwich, S.) Lucas, P. B. (Brentford) Peyton, J. W. W. Stuart, Rt. Hon. James (Moray) Lucas-Tooth, Sir Hugh Pickthorn, K. W. M. Studholme, H. G. Lyttelton, Rt. Hon. O. Pilkington, Capt. R. A. Summers, G. S. McAdden, S. J. Pitman, I. J. Sutcliffe, Sir Harold McCallum, Major D. Pitt, Miss E. M. Taylor, William (Bradford, N.) Macdonald, Sir Peter Powell, J. Enoch Teeling, W. Mackeson, Brig. Sir Harry Price, Henry (Lewisham, W.) Thomas, Rt. Hon. J. P. L. (Hereford) Mackie, J. H. (Galloway) Prior-Palmer, Brig. O. L. Thomas, Leslie (Canterbury) Maclean, Fitzroy Profumo, J. D. Thompson, Kenneth (Walton) Macleod, Rt. Hon. Iain (Enfield, W.) Raikes, Sir Victor Thompson, Lt.-Cdr. R. (Croydon, W.) Macmillan, Rt. Hon. Harold (Bromley) Ramsden, J. E. Thorneycroft, Rt. Hn. Peter (Monmouth) Macpherson, Niall (Dumfries) Rayner, Brig. R. Thornton-Kemsley, Col. C. N. Maitland, Comdr. J. F. W. (Horncastle) Redmayne, M. Touche, Sir Gordon Maitland, Patrick (Lanark) Rees-Davies, W. R. Turner, H. F. L. Manningham-Buller, Sir R. E. Remnant, Hon. P. Turton, R. H. Markham, Major Sir Frank Renton, D. L. M. Tweedsmuir, Lady Marlowe, A. A. H. Ridsdale, J. E. Vane, W. M. F. Marples, A. E. Roberts, Peter (Heeley) Vaughan-Morgan, J. K Marshall, Douglas (Bodmin) Robertson, Sir David Vosper, D. F. Maude, Angus Robinson, Roland (Blackpool, S.) Wade, D. W. Maudling, R. Rodgers, John (Sevenoaks) Wakefield, Edward (Derbyshire, W.) Maydon, Lt.-Comdr. S. L. C Roper, Sir Harold Wakefield, Sir Wavell (St. Marylebone) Medlicott, Brig. F. Russell, R. S. Walker-Smith, D. C. Mellor, Sir John Ryder, Capt. R. E. D. Wall, P. H. B. Molson, A. H. E. Schofield, Lt.-Col. W. Ward, Hon. George (Worcester) Moore, Sir Thomas Scott, R. Donald Ward, Miss I. (Tynemouth) Morrison, John (Salisbury) Scott-Miller, Cmdr. R. Waterhouse, Capt. Rt. Hon. C. Nabarro, G. D. N. Shepherd, William Watkinson, H. A. Neave, Airey Simon, J. E. S. (Middlesbrough, W.) Webbe, Sir H. (London & Westminster) Nicholls, Harmar Smithers, Sir Waldron (Orpington) Wellwood, W. Nield, Basil (Chester) Smyth, Brig. J. G. (Norwood) Williams, Rt. Hon. Charles (Torquay) Noble, Cmdr. A. H. P Snadden, W. McN. Williams, Sir Herbert (Croydon, E.) Nutting, Anthony Soames, Capt. C. Williams, Paul (Sunderland, S.) Oakshott, H. D. Spearman, A. C. M. Williams, R. Dudley (Exeter) O'Neill, Hon. Phelim (Co. Antrim, N.) Speir, R. M. Wills, G. Orr, Capt. L. P. S. Spens, Rt. Hon. Sir P. (Kensington, S.) Wilson, Geoffrey (Truro) Orr-Ewing, Charles Ian (Hendon, N.) Stanley, Capt. Hon. Richard Wood, Hon. R. Osborne, C. Stevens, G. P. TELLERS FOR THE AYES: Page, R. G. Steward, W. A. (Woolwich, W.) Sir Cedric Drewe and Mr. Kaberry.
NOES Acland, Sir Richard Chetwynd, G. R Gibson, C. W. Adams, Richard Clunie, J Gooch, E. G. Albu, A. H. Coldrick, W. Greenwood, Anthony (Rossendale) Aden, Arthur (Bosworth) Collick, P. H. Grey, C. F. Allen, Scholefield (Crewe) Corbet, Mrs. Freda Griffiths, David (Rother Valley) Anderson, Frank (Whitehaven) Cove, W G. Griffiths, Rt. Hon. James (Llanelly) Attlee, Rt. Hon. C. R. Craddock, George (Bradford, S.) Griffiths, William (Exchange) Bacon, Miss Alice Crosland, C. A. R. Hall, John (Gateshead, W.) Baird, J. Cullen, Mrs. A. Hamilton, W. W. Balfour, A. Daines, P. Hannan, W. Barnes, Rt. Hon. A. J. Dalton, Rt. Hon. H. Hardy, E. A. Bartley, P. Darling, George (Hillsborough) Hargreaves, A. Bellenger, Rt. Hon. F. J. Davies, Ernest (Enfield, E.) Harrison, J. (Nottingham, E.) Benn, Hon. Wedgwood Davies, Harold (Leek) Hastings, S. Benson, G. de Freitas, Geoffrey Hayman, F. H. Beswick, F. Deer, G. Healey, Denis (Leeds, S.E.) Bevan, Rt. Hon. A. (Ebbw Vale) Delargy, H. J. Henderson, Rt. Hen. A. (Rowley Regis) Bing, G. H. C. Dodds, N. N. Herbison, Miss M. Blackburn, F. Donnelly, D. L. Hobson, C. R. Blenkinsop, A. Driberg, T. E. N. Holman, P. Blyton, W. R Dugdale, Rt. Hon. John (W. Bromwich) Holmes, Horace Boardman, H. Ede, Rt. Hon. J. C. Houghton, Douglas Bottomley, Rt. Hon. A. C Edelman, M. Hoy, J. H. Bowden, H W Edwards, Rt. Hon. Ness (Caerphilly) Hudson, James (Ealing, N.) Bowles, F G. Edwards, W. J. (Stepney) Hughes, Cledwyn (Anglesey) Braddock, Mrs. Elizabeth Evans, Albert (Islington, S.W.) Hughes, Emrys (S. Ayrshire) Brockway, A. F. Evans, Edward (Lowestoft) Hughes, Hector (Aberdeen, N.) Brook, Dryden (Halifax) Evans, Stanley (Wednesbury) Hynd, H. (Accrington) Broughton, Dr. A. D. D. Fernyhough, E. Hynd, J. B. (Attercliffe) Brown, Rt. Hon. George (Beiper) Fienburgh, W. Irvine, A. J. (Edge Hill) Brown, Thomas (Ince) Finch, H. J. Irving, W. J. (Wood Green) Burton, Miss F. E. Fletcher, Eric (Islington, E.) Isaacs, Rt. Hon. G. A. Butler, Herbert (Hackney, S) Follick, M. Janner, B. Callaghan, L. J. Foot, M. M. Jay, Rt. Hon. D. P. T. Carmichael, J. Forman, J. C. Jeger, George (Goole) Castle, Mrs B. A Fraser, Thomas (Hamilton) Jeger, Mrs. Lena Champion, A. J. Freeman, John (Watford) Jenkins, R. H. (Stechford) Chapman, W. D. Freeman, Peter (Newport) Johnson, James (Rugby) Johnston, Douglas (Paisley) Oliver, G. H. Stewart, Michael (Fulham, E.) Jones, David (Hartlepool) Orbach, M. Strauss, Rt. Hon. George (Vauxhall) Jones, Jack (Rotherham) Oswald, T. Stress, Dr. Barnett Jones, T. W. (Merioneth) Padley, W. E. Summerskill, Rt. Hon. E. Keenan, W. Paget, R. T. Swingler, S. T. Kenyon, C. Paling, Rt. Hon. W. (Dearne Valley) Sylvester, G. O. Key, Rt. Hon. C. W. Paling, Will T. (Dewsbury) Taylor, Bernard (Mansfield) King, Dr. H. M. Palmer, A. M. F. Taylor, John (West Lothian) Lee, Frederick (Newton) Pannell, Charles Taylor, Rt. Hon. Robert (Morpeth) Lee, Miss Jennie (Cannock) Pargiter, G. A. Thomas, Iorwerth (Rhondda, W.) Lever, Harold (Cheetham) Parker, J. Thomas, Ivor Owen (Wrekin) Lever, Leslie (Ardwick) Parkin, B. T. Thomson, George (Dundee, E.) Lewis, Arthur Pearson, A. Thornton, E. Lindgren, G. S. Peart, T. F. Tomney, F. Lipton, Lt.-Col. M. Plummer, Sir Leslie Turner-Samuels, M. Logan, D. G. Popplewell, E. Ungoed-Thomas, Sir Lynn MacColl, J. E. Porter, G. Usborne, H. C. McGhee, H. G. Price, J. T. (Westhoughton) Viant, S. P. McGovern, J. Price, Philips (Gloucestershire, W.) Warbey, W. N. McInnes, J. Proctor, W. T. Watkins, T. E. McKay, John (Wallsend) Pryde, D. J. Webb, Rt. Hon. M. (Bradford, C.) McLeavy, F. Pursey, Cmdr. H. Weitzman, D. MacMillan, M. K. (Western Isles) Rankin, John Wells, Percy (Faversham) McNeil, Rt. Hon. H Reeves, J. Wells, William (Walsall) Mainwaring, W. H. Reid, Thomas (Swindon) West, D. G. Mallalieu, E. L. (Brigg) Reid, William (Camlachie) Wheeldon, W. E. Mallalieu, J. P. W. (Huddersfield, E.) Robens, Rt. Hon. A. White, Mrs. Eirene (E. Flint) Marquand, Rt. Hon. H. A. Roberts, Albert (Normanton) Whiteley, Rt. Hon. W Mason, Roy Roberts, Goronwy (Caernarvon) Wigg, George Mayhew, C. P. Robinson, Kenneth (St. Pancras, N.) Wilcock, Group Capt. C. A. B Mellish, R. J. Rogers, George (Kensington, N.) Willey, F. T. Messer, Sir F. Ross, William Williams, David (Neath) Mikardo, Ian Royle, C. Williams, Rev. Llywelyn (Abertillery) Mitchison, G. R. Shackleton, E. A. A. Williams, Ronald (Wigan) Monslow, W. Short, E. W. Williams, Rt. Hon. Thomas (Don V'll'y) Moody, A. S. Shurmer, P. L. E. Williams, W. R. (Droylsden) Morgan, Dr. H. B. W. Silverman, Julius (Erdington) Williams, W. T. (Hammersmith, S.) Morley, R. Silverman, Sydney (Nelson) Wilson, Rt. Hon. Harold (Huyton) Morris, Percy (Swansea, W.) Simmons, C. J. (Brierley Hill) Winterbottom, Richard (Brightside) Morrison, Rt. Hon. H. (Lewisham, S.) Skeffington, A. M. Woodburn, Rt. Hon. A Mort, D. L. Slater, J. (Durham, Sedgefield) Wyatt, W. L. Moyle, A. Smith, Norman (Nottingham, S.) Yates, V. F. Mulley, F. W. Snow, J. W. Younger, Rt. Hon. K Murray, J. D. Sorensen, R. W. TELLERS FOR THE NOES: Nally, W. Soskice, Rt. Hon. Sir Frank Mr. Wilkins and Mr. Wallace. Neal, Harold (Bolsover) Sparks, J. A. Noel-Baker, Rt. Hon. P. J Steele, T.
Clause ordered to stand part of the Bill.
Clause 13 ordered to stand part of the Bill.
Clause 18.—(MANAGEMENT OF HOUSES RETAINED BY LOCAL AUTHORITIES FOR TEMPORARY OCCUPATION.)
Amendment made: in page 15, line 17, after "under," insert:
"section two, section three or section (Postponement of demolition under clearance order in the case of houses let to local authority) of."—[ Mr. H. Macmillan. ]
Clause, as amended, ordered to stand part of the Bill.
Clause 21.—(REPAIRS INCREASE FOR DWELLING-HOUSE IN GOOD REPAIR.)
I beg to move, in page 16, line 26, after "as," to insert: this paving Amendment the proposed new Schedule entitled "Certificate of local authority as to condition of dwelling-house," with which it is connected.
I am grateful to the Chair for the opportunity of moving this Amendment, which we regard as one of the most important that we have put down, as it relates directly to the whole basis of the Bill. The Amendment, in effect, transfers the onus of responsibility from the tenant, where it now rests, for complaining, if the property is regarded by him as not in a fit state of repair, to the landlord, who, under the Amendment, is required to show that the house is in good repair before he is entitled to receive his rent increase.
The Minister has on many occasions asserted that the whole object of the Bill, or of Part II, is to ensure that properties should be properly repaired. He has claimed that the only way he can secure that end is by offering rent increases to private landlords. But, as we have made clear on many occasions, both on Second Reading and in Committee, the method proposed by the right hon. Gentleman will not achieve the desired result.
If it is left merely to the tenant to complain against an increase and against the state of repair of the property, experience of the 1920 Act shows clearly that that will not produce the repairs and improvements that, I imagine, all sides of the Committee desire. It is clear that, in the main, tenants dislike making approaches, whether to the local authority or to the county court, against the landlord, because they have a continuing fear—perhaps an unreasonable fear, but, nevertheless, a fear—of what action the landlord can take against them. It will be common experience of hon. Members, certainly on this side of the Committee, from the cases that are brought to their attention week by week in their constituencies, that the great majority of tenants feel that the landlord has a hold over them, and they are, therefore, anxious to avoid the landlord's ill will. That is one of the main contributing causes for the fact, as we all acknowledge, that in the inter-war years vast numbers of properties were not repaired but nevertheless the landlord received the benefit of the rent increase of that time.
What the Amendment and the related Schedule propose is simply to put the responsibility the other way. We propose, as we discussed in Committee, that before the landlord is able to receive any rent increase he must, in effect, get a certificate of good repair from the local authority. The tenant would have the opportunity of complaining and appealing against such a certificate if it were issued, and such a complaint would be taken, not to the court, but to the rent tribunal, which, we believe, would be a much more suitable body for the purpose.
I do not propose to go into the whole detail of the matters laid down in the Schedule, but it is the general experience of hon. Members on this side that the rent tribunal provides a simple way in which tenants and landlords can have their cases heard without the full formality of the court if there is need for any question of appeal to be raised.
I particularly emphasise one point, which seems to have been omitted from the right hon. Gentleman's consideration although it was referred to both on Second Reading and shortly in Committee. In many cases—I calculate, over a million—the rent increase will not be paid by the tenant, but will be paid by the National Assistance Board. Indeed, the figures by now may be well over a million; certainly, they are at least a million.
6.30 p.m.
How does the hon. Gentleman assess that calculation?
If the hon. Gentleman had taken the trouble to examine the last report of the National Assistance Board he would have found a paragraph dealing with rent and giving the figures of the numbers of those receiving National Assistance, in whose case the round figure is taken into the calculation. It would now be well over a million.
I submit to the right hon. Gentleman that in those cases the tenant has not the same direct personal interest. The tenant will pass on the responsibility for the rent increase to the National Assistance Board. As long as the Assistance Board is already making a payment, any rent increase will be paid by the Board and in such cases one can well imagine a landlord or his agent saying to the tenant, "You are not going to be troubled in this case. You will not have to pay anything extra yourself personally. It will fall upon the Assistance Board and, therefore, you will not bother, will you, to raise this question of whether the repairs have been fully done or not?"
I suggest that this is a serious loophole in the provisions, and that in countless cases tenants will be advised by landlords that, to keep a good relationship between the landlord and the tenant, they should not make any complaint. I suggest that this will be all the more so, because in these million or more cases it will be the State who will be making the contribution to the landlord and not the tenant directly.
I have had no reply to that point. As far as I know, the National Assistance Board is not in a position to make a complaint about the condition of a house. It cannot raise the case; therefore, who can? This would be properly dealt with if our Amendment were accepted, if we were to require the landlord, who is to receive the benefit, to prove that the property is in good repair.
It is objected by the right hon. Gentleman that this will be impracticable because there will not be sufficient sanitary inspectors available. Many of us have been pressing this question of the availability of sanitary inspectors for some time without getting any response from the right hon. Gentleman or his right hon. Friend the Minister of Health, who is immediately responsible for the recruitment of staff.
We all appreciate the serious problem, but if the tenant has to suffer because of the delay in getting the cases dealt with, that does not seem to worry anybody very much, whereas, if the landlord has to wait, as he will have to wait until his own property can be examined and a decision taken by the local authority as to whether it is in good repair or not, we are told that it is impracticable. Why is it impracticable? Simply because, apparently, the landlord will have to wait to get his rent increase for a decision as to whether the property is in good repair or not. Why should he not wait?
Because the house will fall down.
It is worth realising that if property is in that state any local authority should already have information about it. It would not be difficult for a local authority to say that if property is falling down it cannot give a certificate of good repair, so that is a pointless interruption.
I suggest that there is no practical reason why the procedure outlined in this Amendment should not be adopted, because the only problem that arises is that there may be delay so far as the landlord is concerned and I cannot see why that should be objected to. Indeed, it may act as a further spur to the right hon. Gentleman and his right hon. Friend to get on with the job of encouraging the recruitment of more sanitary inspectors. It does not seem possible for us to spur them on when the tenant is affected, but now that we seek to put the onus on the landlord, that may spur them into action and enable them to give a decision about a report which has been awaiting their decision for some time.
The right hon. Gentleman also said that this Amendment struck right at the root of the Bill and was a wrecking amendment. Is it a wrecking Amendment if we seek to protect the tenant and to ensure that the property is repaired before the rent increase is made available to the landlords? I suggest that there is no other way, short of the way we have suggested of the local authority taking over the property, of ensuring that this work is properly done in advance of the rent increase. The right hon. Gentleman has the responsibility to say why, after he apparently once considered the matter as the logical way of dealing with it, he has now turned it down.
I suggest that the argument that it is impracticable cannot stand. I suggest that unless this Amendment is adopted there will be a serious waste of public money, if that concerns the Minister, through the coffers of the National Assistance Board, and that there will be no guarantee that the repair work is done which, presumably, is the desire of all hon. Members in this Committee.
I rise in the hope—it is perhaps a very distant hope, but, none the less a hope—that at long last the Minister will realise that without an Amendment of this nature he is reverting to a position which is intolerable so far as the tenant is concerned, and which has already landed us into this hopeless mess as regards slums.
The reason we have slums at the present time is that the landlords, who since 1915 have been under an obligation to do repairs as a consequence of the rents received by them for that purpose, have not carried out their obligation under the Rent Acts. The fact is that for 30 or 40 years sums of money have been paid by tenants to landlords to be spent on repairs, and that in a period when it was not difficult to use the money, that money has not been spent for the purpose for which it was intended. The result is that in Leicester, as in many other constituencies, there are large slum areas. These areas would not be in existence today had the landlords used the money for the purpose for which they extracted it from the tenants.
Of course, had the tenant known or had he been wise enough to take advantage of the provisions of the Acts, he would have been within his legal rights to stop paying the rent. Fortunately, or perhaps unfortunately, not every person is a lawyer, although not every lawyer understood the Acts as well as he should have done.
As my hon. Friend pointed out, not only have the majority of tenants not been aware of their position under the Acts, but many of those who were have been frightened to take advantage of the redress open to them. Because of that, we had citizens' advice bureaux, legal aid departments and every political party in practically every town throughout the country prepared to give advice to tenante. Some of the would-be advisers were not so knowledgeable as others, and were not in a position to give the necessary advice. Certainly the majority of tenants themselves did not know what rights they had to insist on the money which they were paying being spent on repairs.
This is not fiction, but fact. We can see in any county court in the country today applications being made for the refund of rent or for the stopping of rent in respect of repairs, something of which the tenants were not aware during the past 30 or 40 years, during which period they have been paying these additional sums. Therefore, on the one hand, we have the evidence of the slums themselves, and, on the other, the evidence of constant applications being made to the courts at the present time for something which tenants could have claimed 20, 25 or 30 years ago.
What was the cause of this? It was that instead of placing the onus on the landlord before he made his claim for the additional money, the onus was placed on the tenant. All that we are asking the Minister to do today is to put that position right. The Minister is imposing an additional rental, and a little later on we shall see evidence that he intends eventually to remove the Rent Acts altogether. We shall see the introduction of some nice little Amendments, the purpose of which will be to do away with further controls on houses to be built from now onwards.
Instead of asking for those additions and leaving it to the tenant to question them, why not do what we are asking? It would be quite a simple process. The procedure would be that a form would have to be filled in by the landlord. He would have at his disposal plenty of opportunity, either through his own resources or those of the property owners' association, to find our exactly how to fill in the form. We suggest that the landlord should be made to complete and send in such a form before being entitled to obtain the additional amount.
What is unfair about that? Why not make the landlord establish a case before he actually asks for the additional amount? The Minister says that the landlord will have to put the house in order. But the Minister and the Acts have said that over the years, but still the tenant paid. The fact is that certain landlords will find means of avoiding that obligation.
Instead of having the county court as a tribunal, why should not the rent tribunals be used for this purpose? I know, of course, what the policy of the Government is in this respect. The Leicester rent tribunal and tribunals in other parts of the country no longer exist. The offices have been closed and people can no longer go to them for advice.
They have to go to the lawyers instead.
6.45 p.m.
Some people think that lawyers ought also to go out of existence, but then the poor tenant would have nowhere to go.
The fact is that the Government have adopted the policy of closing down these tribunals for what they call economy reasons. What was wrong with the people serving on those tribunals? Did they fail in their duty? Were they not part and parcel of the leading people of the country? Did they not advise people about their rights in respect to tenancies? Of course it did not pay the Government to let them know their rights.
As I have said, this is the beginning of the end. We on this side of the Committee say that control must go on in a proper manner until the people of this country have the opportunity to be housed under proper conditions by the local authorities, when they will be properly looked after. We say that, instead of closing down the rent tribunals, the Minister should encourage more to be set up. They are not police courts or in any way party political bodies. The Minister knows that. Indeed, in my own constituency the chairman of the tribunal, who did his work extremely well, was a member of the Conservative Party. The other members of the tribunal belonged to different political parties, and yet day by day they did their utmost to protect tenants.
The average landlord can afford both the time and the money to go to the county court, whereas the average tenant cannot. Many tenants are afraid to take the necessary time in which to attend the court for fear of losing their jobs, or because they are afraid of losing the security which they already possess.
Those are the points at issue in the Amendment. If the Government will not accept it, it is a further indication that they intend to put millions of tenants throughout the country in a position in which they will be called upon to pay not only their present rents for nothing in the way of repairs but also additional rents, so that the landlords can pocket further sums of money in addition to those they pocketed in the past without complying with the regulations. The Minister should indicate his good intentions to the country by accepting the Amendment.
The object of the Amendment is to make the real beneficiary of the Bill, the landlord, obtain a certificate from the local authority that the house has been properly repaired and that the money laid down in the Act has been spent on it. That seems to me to be the commonsense approach.
The Minister has suggested that the tenant will have his house repaired. Some tenants may, but some of us have serious doubts even about that, recalling the 1920 Act and what happened afterwards. But assuming that repairs are done, the tenant has to pay the increased rent not for three or four years but for all years afterwards, until the house falls down, and nothing compels the landlord to do any more repairs. The landlord is therefore the real beneficiary under the Bill.
That is confirmed by something which I discovered in a journal which I seldom quote in the House but which is often quoted here—the "Economist." In an article about this Bill, the "Economist" said:
This letter illustrates the kind of trickery which may go on. If necessary I will give hon. Members the name of the landlord concerned. The letter reads:
These facts make it clear that, in fairness to the tenant and in the public interest, the landlord should apply to the local authority for a certificate that he has done the repairs and has spent the money, rather than that the tenant should be compelled to get a certificate of disrepair and run the risk of all the worry and the difficulties and heartaches which that will bring. In the end, as we have found in the past, many tenants will pay an increased rent with no justification. I hope the Minister will agree to take some action which will bring this part of the Bill more into line with human feelings.
I am sure we are all very glad to hear from the hon. Member for Clapham (Mr. Gibson) that he has been reading that useful and well-balanced journal, the "Economist." If he pursues his studies in it, I am sure he will benefit.
I regard this Amendment as dealing with a fundamental point in the Bill. What the Opposition have sought to do is to transfer the obligation, which the Government seek to impose upon a tenant to contest the repairs increase, on to the shoulders of the owner. A great many arguments have been advanced in support of that proposal, but I think the Government's proposal is the wiser in all the circumstances.
Let me explain why I think so. If we had a scheme whereby, before the owner received the repairs increase, he must go to the local authority to get a certificate, first of all we should have all the difficulties mentioned by the hon. Member for Newcastle-upon-Tyne, East (Mr. Blenkinsop) about sanitary inspectors. That would delay the assistance which the Bill proposes to give, not to the individual landlord for his personal expenditure and own pocket, but for the house.
Secondly, I think it would be far better that there should be a system whereby the person most directly in touch with the situation and state of repair of the house should have the right to appeal. That is what my right hon. Friend has provided in the Bill. He has said that the person in the best position to decide whether the house is or is not in a good state of repair, and whether it complies with the other conditions justifying a rent increase, is the tenant, because he is in the house and knows the situation.
What would happen if we accepted the Opposition's proposal? The procedure would be extremely cumbersome, because one remarkable result would be that the local authority would have to act as a kind of tribunal to decide whether the house was in good repair or not, and then we should have an appeal from the local authority to the rent tribunal, which is something we have never had before. That is what the Amendment provides.
The hon. Member has left a most interesting point, which I hope he will develop. He told us that the increase in rent will not go into the landlord's pocket but will be for the house. Would he please indicate what part of the Bill obliges the landlord to spend a penny of this increase on the house?
7.0 p.m.
It is, of course, in the two conditions justifying an increase of rent which, in Committee upstairs, we used to know as Clause 18. That is the important distinction between the point made by the hon. Member for Leicester, North-West (Mr. Janner) about the 1920 Act, which, he said, failed in practice, and the present situation under this Bill.
I agree with many of the things which the hon. Member for Leicester, Northwest said. I agree that in the past a number of landlords—not all as the hon. Member said—pocketed increases under the 1920 Act, but did not do the repairs. The difference between that situation and the situation under this Bill is that there are three important, and I suggest, stringent, conditions with which the landlord must comply before he can get the increase. Failure to comply with them would entitle the tenant to withhold the increase in rent altogether.
The first condition is that the house must be in good repair; secondly, it must be fit for human habitation; and, thirdly, under the Second Schedule, the work of repair must have been done on the house within the last 12 months, or three years.
Is not that precisely what the other Act said the landlord had to do and which he did not do, with the exception of the third point?
No, the wording of the 1920 Act was much less comprehensive than it is in the first Clauses of Part II of this Bill. That is the important distinction. That is why I think that the scheme which the Government propose is less likely to run into the difficulties of enforcement than the 1920 Act system.
I think we are liable to confuse the obligation on the landlord to spend a certain amount of money on the house with the question of whether, he having done so, the house is in a fit condition for human habitation. The landlord may have qualified by spending money on the house, but the house might still not be fit for human habitation. What we are saying is that, to satisfy the second condition, the landlord should be under an obligation to obtain a certificate. He would have to show two things—the repairs would be assimilated—( a ) that he has spent the money and ( b, ) having spent it, he is not liable to a certificate of disrepair.
In my opinion, it is far better to leave the decision of whether or not he has satisfied the conditions in all those respects to the person actually living in the house. In reply to the hon. Member for Clapham (Mr. Gibson), I think the replacement of a good wash basin by another would probably not qualify under the Second Schedule. Whereas there is the obligation to have spent money in the past and comply with the two conditions justifying the increase of rent—that the house is in good repair and fit for human habitation—that is a continuing obligation throughout the future.
As soon as the house falls below the standard prescribed in either of those conditions, the tenant can go to the local authority for a certificate of disrepair. That is the complete answer to the argument of the Opposition. I suggest that the Bill should be left as it is. It would stand a good chance of working, but, if the Opposition managed to get this provision into the Bill, it would completely wreck it. Those of us who want to see this Bill doing the work for which it is designed—the preservation of the homes of the people—should support the Bill as it stands.
I join with all who have spoken in support of the acceptance of this Amendment, because I believe that this is fundamental to a comprehension by citizens of their rights.
The argument that has been going on reminds me very much of the story of a man who had been released from an asylum who met a man who had been resident there. There was a quarrel between them and, in the midst of the quarrel, the man who had been released from the asylum said to the other, "At least I have a certificate to prove my sanity." The argument here seems to be whether the landlord should prove this or the tenant should prove the other and on whose shoulders the onus should rest. In the light of a wide experience of well over a quarter of a century relating to the position of tenants under the operation of the Rent Restrictions Acts, I believe that Parliament should come to the rescue of the tenant against the landlord, who has broader shoulders to bear this responsibility. The onus should be put on the landlord and not on the tenant.
When we have regard to the whole series of Rent Restrictions Acts from 1915 until 1939, the innumerable Sections and thousands of legal decisions on every Section and subsection of those Acts, and the novel principle introduced into the system of landlord and tenant of controlled property, our sympathy should go to the poor tenant who has to try to elucidate many complexities which Parliament and the judiciary have imposed upon him.
In the late 'thirties an argument was going on about the onus of proving that a house was controlled or decontrolled. In 1937, Parliament set up the Ridley Committee and one of the fundamental questions that Committee had to consider was the question of onus. Previously, there had been an important decision in the case of Heginbottam v. Watts, which laid down that the onus was upon the tenant to prove that his house was controlled. This matter agitated the minds of many people at that time and the Ridley Committeee was called upon to consider it. I remember giving evidence to the Ridley Committee in 1937. I and others pointed out the difficulties of the tenant. I am glad to say that, following our representations, in 1938, by the Rent Restriction (Amendment) Act, the onus was removed from the tenant and placed on the shoulders of the landlord, who, in the minds of the Ridley Committee, was better able to bear the responsibility of proving the matter.
Until this Bill was introduced the onus has been on the landlord to prove that his premises are decontrolled so that in any proceedings in which a tenant sets up a defence that the premises are controlled the onus is immediately thrown upon the landlord to prove that they are decontrolled. Now, according to the Bill, we are moving backwards to the position which obtained before 1938, to the position which the Ridley Committee, by its Report of that year, condemned. We are again placing upon the tenant the responsibility for having to prove that the property is unfit or of having to bear this increase of rent.
The Bill seeks to give opportunities for improving the condition of many bad properties and slum areas in this country. No decent citizen could defend the condition of these properties, in many of which boys and girls are having to be brought up. Therefore, in putting the property in a better state of repair, the landlord will have to incur some cost and is to be allowed an increase of rent.
All that we are trying to do, by this Amendment, is to seek the truth. If the landlord has done the repairs and the house is fit for human habitation why should he not prove that it is fit for human habitation? What is the difficulty?
All he has to prove is that it is not a slum.
So far as we are concerned it is no new principle for the landlord to have to go to the local authority for a certificate. In fact, before a new property can be occupied the builder has to obtain from the local authority a habitation certificate. Why the difficulty here? No new principle is involved.
On the other hand, I can readily see the problems that will face people in having to go through the various Clauses of this Bill, with its new principle, trying to find out the gross rateable value of property and what the statutory deduction is, then doubling it and thinking of the number that they first thought of, and ultimately working out the amount actually due for the repairs. It is a difficult process for a worker who has to go to his work, perhaps at 6 a.m., and who returns very tired late at night. Either we must throw the onus onto the landlord, who has more leisure and better means of ascertaining his position and proving justification for an increase in rent, or else Parliament will have to give assistance to the poor tenant in the form of legal advice.
We must remember that the Legal Aid and Advice Act, 1949, has not completely come into operation. It applies only to the High Court and certain other courts. All the proceedings under this Bill are to take place in the county courts, in respect of which the Legal Aid and Advice Act, 1949, makes no provision by way of assistance to the tenant. Accordingly, we must either put the onus on the landlord, through the acceptance by the Government of the Amendment, or, alternatively, we must give the tenant opportunities for getting legal advice within the reach of his pocket by the introduction of the part of the Legal Aid and Advice Act, 1949, which has not so far come into operation.
I do not enter the debate in any spirit of party rancour. I simply give the Committee the fruits of a lifetime's experience by pointing out the difficulties that tenants have to face in wading through complex Measures and the subsequent decisions under the Rent Restrictions Acts. To add to these difficulties this new Measure has been thrown into the arena, and the tenant is to be further confused as to where he stands in this matter.
I therefore ask the Minister, in the most reasonable way, that he should accept the Amendment, that he should place the onus on the landlord. If he cannot see his way to doing that then we have, in the alternative, to come to the rescue of the poorer tenants by the introduction of those provisions of the Legal Aid and Advice Act, 1949, that have so far not come into operation. We must either put the onus on the landlord or give the poorer tenant opportunities within the reach of his pocket for gettting legal advice.
Those are my suggestions. I have risen to make them in the earnest hope that the Government will either accept the Amendment, or, alternatively, will introduce those provisions of the Legal Aid and Advice Act to which I have referred for the benefit of the tenant who needs all the advice and help that we can give him. Most tenants are laymen. As my hon. Friend the Member for Leicester, North- West (Mr. Janner) said, lawyers themselves do not know completely the provisions of the Rent Restrictions Acts. Those Acts comprise a complex technical mass of legislation of which I have had intimate experience. If the knowledge of members of the legal profession on this subject is not complete, what must the poor bewildered ordinary citizen feel about the Measures which Parliament passes for his good—which we hope will be for his good—yet which he cannot understand?
7.15 p.m.
I shall not take up too much of the time of the Committee, as I wish to leave most of the available time to the Opposition. I should, however, like to deal first with an observation by the right hon. Member for Ebbw Vale (Mr. Bevan) which I overheard a few minutes ago. It is important in relation with this issue. The right hon. Gentleman keeps on saying it in various forms when he is called; perhaps it would not be a waste of time to deal with it when the right hon. Gentleman says it when he has not been called. He keeps on saying that all that the landlord has to prove is that the house is not a slum. With great respect, that is not true.
What the landlord has to prove, among other things, is that his house is in good repair, and good repair is defined in Clause 45. It is not the same definition that we are dealing with under the slum provisions because the corresponding reference there is the very first on the list. It refers to repair. This is quite different. It is not the case—when we are considering whether the landlord of one of these Part II houses qualifies for a repairs increase—that all that has to be proved is that the house is not one of those which is unfit for human habitation, and which would automatically become liable in due course for demolition or clearance.
It is extremely important that in the Committee and in all discussions in the country on this Bill everyone understands that we are laying down, or attempting to lay down, two quite different standards, one in relation to houses which fall below what is tolerable and another in relation to those which, while not being what we should like, are sufficiently tolerable, if I may put it that way, for the immediate future, because there is no alternative. And we are trying to prevent them from becoming worse and perhaps make them a little better. Without this distinction in our minds, the whole Bill becomes meaningless, and we shall confuse ourselves.
As regards everything but the repair, the standard is exactly the same in the case of a house for demolition as in the case of an increase. The definition of "good repair" is, at most, "not quite good repair."
The hon., and, under normal circumstances I gather, the learned—but not on this occasion—Gentleman really cannot be allowed to get away with that. I am sure that on no occasion during his vast practice at the bar has he been allowed to interpret a statute in that airy fashion.
The definition Clause lays down quite clearly why "good repair" is different from "repair" and it covers, in particular, all that comes under the covering name of decorations both internal and external. That is an important and fundamental distinction. [HON. MEMBERS: "Read it."] I will read the whole Clause 45 if the Committee wish. The requirement has no relevance to slums whatsoever. I am directing myself essentially to the point made by the right hon. Member for Ebbw Vale. This is the definition of good repair which I will read out, and it has nothing to do with what is the definition of a house which is not fit for human habitation.
Hear, hear.
Yes, the point is that this is not what has to be considered when we are deciding whether it is a slum or not. I am directing myself to the point referred to by the right hon. Gentleman. Whether they are good definitions or bad, is not the point. It is simply not what we have to consider when we are considering whether the house is a slum.
"'good repair,' in relation to any premises, means that having regard to the age, character and locality of the premises they are in good repair both as respects structure and as respects decoration."
The whole point is that the qualifications for a repairs increase are in respect of millions of houses and not a comparatively small number of houses which are due for demolition as slums. As regards these millions of houses the point is what is reasonable good repair—[ Interruption. ] This is what has to be considered for Part II of the Bill and not Part I—
I am sure that the hon. Member is sincere in asking the Committee to consider this aspect of the matter. He has already admitted, with respect to all the other items, that they are the same for the definition of a slum as for the definition of habitability. Would he look at the definition Clause again and say how we can construe "good repair" of a house having regard to its character and locality? Repair is repair.
I did not intend to take up too much time, though I am willing to pursue the point of whether the definition of good repair in the definition Clause is what the right hon. Gentleman would like or what I would like. But that is not what we are discussing at the moment. Good or bad, that is not what we have to decide, when we are deciding whether it is a slum, and the right hon. Gentleman keeps on saying that all a landlord has to prove is that the property is not a slum. I am saying that what a landlord must prove is something quite different.
We may feel that what a landlord has to prove is not enough or that it might be something different. But it is not true, as the right hon. Gentleman keeps suggesting, that we have one standard for the future for all houses, whether they are to get a repairs increase or a demolition order, namely, whether they are fit or unfit for human habitation. Having as I hope established that point—although it has been clear to most hon. Members on this side of the Committee from a very early stage—I must now bring the Committee back to the proposals before us.
In its essence the point is a very arguable one and comparatively simple. Having agreed that certain conditions must be satisfied before a repairs increase can be granted—we may agree to differ whether the conditions are sufficient or not—but having taken that for granted at this stage, all we are now discussing is how is it to be determined whether they have been complied with or not.
I must invite the Committee to consider a little more carefully what we are asked to substitute, because right hon. and hon. Gentlemen opposite have been extraordinarily coy on this subject. We are formally discussing a very short Amendment which takes up only three lines. But that is merely to make operative the proposed new Schedule and I must ask the Committee to consider that here we have the Opposition's alternative way of making the Bill work. The Bill is, in any event, an elaborate scheme for dealing with millions of houses. It may be 4 million, or 5 million or perhaps even 6 million houses which may be affected.
Let us look at what is proposed. The proposed new Schedule states, in subsection (3) ( c ):
If ever there was a wrecking Amendment this is it. It would be far better for hon. Members opposite to say, "I do not like the Bill, and I shall vote against it," because this proposal is completely unworkable from the point of view of the tenant, the landlord and the local authority. If this Bill is to work, and we hope that it will, in a very substantial number of these houses there will be no disagreement at all as between a reasonable tenant and a reasonable landlord.
What we have to provide, therefore, as protection for both in the event of a dispute is a reasonable way of settling the minority of cases. But hon. Members opposite wish to turn the exception into the rule before anything can be done in regard to any one of these houses They say that all this procedure must be gone through but they know very well that it will not. They are not putting in to the Bill what might be termed an extra hurdle, they are erecting a veritable zareba of impenetrabilities. They know perfectly well that no repairs increase would ever be asked for or obtained and, therefore, no repairs would be done, and peacefully all these houses will be allowed to deteriorate further as at present.
During the Committee proceedings upstairs we got into the pleasant habit of using Latin tags and I feel I must add one as I see an hon. and learned Member opposite who handed to me a Greek quotation. The whole Opposition approach to this housing problem may be summed up quite simply " Fiat propaganda mat tectum "—"Let us get on with the propaganda while the houses steadily decay."
I do not think it is necessary for me to take up much time in respect of the Amendment, because we have a further set of Amendments which should be considered and I do not want to delay that consideration.
We have had a long debate on this matter or cognate matters in the Committee upstairs. I think the general view of the Committee was clear. The hon. Member for Leicester, North-West (Mr. Janner) does not think there should be any rise in rents at all, and other hon. Members agree. If that be so they cannot do better, and I so advise every hon. Member, than to vote for this Amendment. There were other hon. Members who felt that if we were to save 5 million or 6 million houses in one way or another, some additional income must be brought into the house.
The right hon. Member for Ebbw Vale (Mr. Bevan) has persuaded himself and, so far as I can see, he has persuaded his party, that the proper way to do that is for these 5 million or 6 million houses to be handed over to the local authorities, when the rents could be raised satisfactorily by the local authorities, and of course the security of the tenant would disappear at the end of it. What we are trying to do in this Bill is to ensure that the income to be spent on the house is spent in a fair way.
Everyone agrees that this problem cannot be allowed to drift. As I pointed out in Committee when last this problem was discussed, there were many hon. Members who came together in an attempt to find a non-party solution. They were not able to do so, or the Government of the day were not willing to take the risk. At that time there was a large number of people who felt that this must somehow be done. The only question is whether it can be done effectively and fairly.
When we discussed the matter upstairs, I said frankly that I had searched to try to find what would be most effective and fair. If we were to make it an obligation for a separate certificate of repair to be issued for each of these 5 million or 6 million houses, we should have to remember all the other considerations, such as the "stopper" and all the rest. Then we should have said that if this series of Amendments were accepted, it would be the end of the Bill from an effective point of view. We should have said that it would be better to drop the Bill—
rose —
7.30 p.m.
I will not give way. I do not want to waste time. The hon. and learned Gentleman can speak after me. He puts down large numbers of Amendments but does not move them. It does not matter to me—I will give way.
The right hon. Gentleman said that it is not fair to get a certificate in each case. Equally, is it not unfair to force the tenants into the position of getting a certificate or paying for repairs that are not done?
That is exactly the point that I was about to make. First, I was trying to prove that the system suggested would not be effective and that, if it were adopted, that would be the end of the scheme. Now we come to the question whether the system operates unfairly upon the tenant. Would it be too heavy a burden upon him?
I am sorry that the hon. Member for Ardwick (Mr. L. M. Lever), who made a very useful contribution to the debate, is not here. He was scrupulously fair, but I think that he got hold of the wrong end of the stick. He talked about the enormous complications of the calculation; about how we had to take the statutory deduction, multiply it, divide it, add to it, think of the number we first thought of, and all the rest of it. That does not arise upon this Amendment. The hon. Member brings a fair mind to all these matters in saying that there ought to be legal aid and special steps to protect the tenant, but that is completely unrelated to this Amendment. Although it sounded fair and reasonable, it did not help his argument.
There were only two or three new points about which I ought to say something. It was suggested that tenants were unwilling to face doing what they have to do. They have not to make a lot of difficult, complicated calculations. What they have to do is to go to the town hall. Some years ago some tenants shrank from that, but in the last war we had to go to the town hall to collect ration cards, and all the rest of it, and most English people became well accustomed to dealing with the officialdom of their local authorities. It is different from what it used to be.
Secondly, it has been said, "How can they find out what their rights are?" There again, there is a very different position. There has been an immense dissemination of information through the newspapers and broadcasts. I made an effort to give the fullest information when I introduced the scheme, and I got into trouble with the deputy Leader of the Opposition for that. I published a White Paper which had a very large sale, and then a pamphlet to explain it to the people in great detail. For some reason the Opposition objected to that. As soon as the Bill becomes an Act, I shall send out a further pamphlet explaining to the people exactly what their rights are and exactly what they ought to do. In addition, hon. Members on both sides and all kinds of welfare bodies are only too anxious to explain to tenants to help them find out what their rights are. I do not think that that is a powerful argument.
The hon. Member for Newcastle-upon-Tyne, East (Mr. Blenkinsop) asked whether it might not turn out that something terrible happened. He said, "It may well turn out that in one million cases or perhaps 1,500,000 the rise in rent, if it is authorised, will be paid not by the tenant but by the Assistance Board." That will be where the person is already drawing assistance in respect of rent. The hon. Gentleman asks whether this is not very dangerous and bad.
I have no doubt, though it is not for me to say, that the officers of the Assistance Board would be entitled to ask questions in certain cases, and they probably would do so. I am glad to have the hon. Gentleman say that at any rate this will result from my Measure—that the expenditure necessary to keep the house in good repair will not cause any hardship to people drawing assistance.
Will the Minister answer the question which I put? I said that surely what he pretends is the object of the increase is that the property should be repaired. Will he deal with the point that where the rent increase is met by the Assistance Board there will be nobody with an interest to see that the repairs are done or to make a claim?
It is not for me to say what the officers of the Assistance Board will do. I have no doubt that they will keep an eye on any claims and see that things are carried out properly. I am glad to have the admission which follows—and I hope that it will be noted all over the country—that no hardship at all in respect of any increase in rent can fall upon any person who is already receiving assistance towards his rent in the shape of National Assistance.
The Minister has made an important declaration. Is he now saying that with the authority of Her Majesty's Government for the information of officers who have to administer this business? I am not at all sure that it will turn out in the way he suggests.
The hon. Member for Newcastle-upon-Tyne, East asked me a question, gave his own figure, and made the statement. I said that if what he says is correct—and I accept it from him—the argument is worse than a stab in the back; it is the worst boomerang I have ever heard from the benches opposite. I hope that it will be noted.
We have discussed the point in great detail. I think that the right hon. Gentleman the Member for Ebbw Vale (Mr. Bevan) and his hon. Friends know in their hearts that if this procedure were adopted it would make the whole system unworkable. That was proved conclusively and brilliantly by my hon. Friend the Member for Oldham, East (Mr. Horobin). Unless there are further questions which hon. Gentlemen opposite might wish to press, I suggest that we might take a decision upon the Amendment, because in effect it is a decision on the question, "That the Bill be read this day six months."
It is most unfortunate that we have to cut short a very important debate affecting the welfare of millions of people and that we cannot carry it through to its proper conclusion because we are working under such a strict Guillotine. Indeed, we shall not be able to finish much more than our debate upon this Amendment before the Guillotine falls at 8 o'clock on several very important Amendments. We shall not be able to spend a single moment discussing them.
The Minister did not do himself much credit by his last statement. The argument which he has been advancing ever since the White Paper was issued was that his proposals guaranteed that the property would be kept in repair. That has been the case all the time. He did not answer my hon. Friend the Member for Newcastle-upon-Tyne, East (Mr. Blenkin-sop) who pointed out that, in respect of roughly one million houses, such a guarantee could not be given. It may be one million tenants or one million houses; assuming that there are 1,500,000 people involved, there may be one million houses.
We know that there are large numbers of houses occupied by old people who receive supplementary assistance. Their rent is guaranteed by the State. The money will be put into the landlords' pockets with no guarantee that the houses will be dealt with properly. That is a complete rejection of the right hon. Gentleman's argument that his proposals guarantee that the property will be kept in repair. That is part of the answer to the "brilliant case" made by the hon. Member for Oldham, East (Mr. Horobin).
rose —
I cannot give way. I have not time.
The second point is that, according to the case made by hon. Members opposite, the Bill is necessary so that the property may not progressively deteriorate. If that is so, it is conclusive evidence that the landlords have neglected the property, that, although they have been pocketing the statutory increase in rent above the 1914–18 level, they have not repaired the houses.
Our central case is that so long as the initiative in challenging the behaviour of the landlord lies with the tenant the houses will not be kept in good repair. Hon. Members opposite have now admitted this. They say that if we do not have the Bill the property will decline. When it becomes an Act, the Measure will leave the initiative where it lies now, and our experience has shown that it lies in the wrong place. It is no use the right hon. Gentleman saying that if this proposal is adopted the machinery will be too cumbrous to achieve the result which he wishes, because that merely shows that we shall not have the property kept in good repair so long as we have private ownership of small residences in Great Britain.
The hon. Member for Oldham, East who made such a "brilliant speech" just now, endeavoured to show that there was a distinction between the definition of a slum and the definition needed in order to obtain a certificate of disrepair. He said that the house must be in good repair and that "good repair" was defined in Clause 45. There is absolutely nothing in that. There is a reference to age and locality. Apparently, if it is a bad locality a window frame may be well repaired even if it is half hanging out. How is one to define the physical act of repair by reference to the locality in which the house is situated? That is supposed to be a definition. The hon. Member knows very well that such language does not constitute a definition.
The right hon. Gentleman is putting up a good fight, but he will have to be saved by the Guillotine.
The hon. Member is usually fairly good-tempered, but he is liable to get into hysterics now and then. He should learn to control himself. I am becoming seriously alarmed at his condition.
The definition is a very modest one. It is that the house is regarded for the purposes of the Bill when it becomes an Act as being fit for human habitation unless the tenant can prove that it ought to be condemned as a slum. I have said, and the right hon. Gentleman has not challenged it, that the statutory amount for repairs might be spent upon a house and the landlord would qualify for the rent increase but the house might still not be fit for human habitation. That is the difficulty. The right hon. Gentleman's scheme does not guarantee that the spending of the money will necessarily bring the house up to a fit standard. His scheme is only one of entitlement to increase in rent. It is not one which will, in effect, preserve the house or keep it in good condition.
I admit at once that it could satisfy us if the tenant was active. The only way in which the tenant can challenge the landlord is to refuse to pay the rent and be taken to the county court for debt. The right hon. Gentleman is seriously suggesting that millions of people in Great Britain will refuse to pay the increase and be dragged to the county court as debtors in order to make his Bill work. That is complete nonsense. That will not happen. What will happen is what has happened in the past. Rather than face the ignominy of that situation, the tenants will acquiesce in the increase.
7.45 p.m.
In his pamphlet "Operation Rescue," the right hon. Gentleman said that he had to rely upon the good faith of the landlord to keep the house in good repair. We know that good faith has not been enough. We consider it to be reasonable that the onus of proof should be on the landlord in order to satisfy the right hon. Gentleman's own objective, which is to keep the property in good repair. The initiative in obtaining certificates
ought to be on the landlord because all experience has shown that the tenant cannot be relied upon in these conditions to achieve what is wanted.
The right hon. Gentleman said that in "Operation Rescue" my right hon. Friend said that he would have to rely entirely on the good faith of the landlord. I have the pamphlet here, and these are the words:
"This second safeguard is intended as a test of the landlord's good faith …"
that is to say, the spending of the money in the past. It goes on:
"… and he will be asked to comply with it only once; but the first safeguard is continuous."
Will the right hon. Gentleman now withdraw his remarks?
It is not continuous. On the contrary, what the pamphlet actually said was that after the money had been spent, we had to depend on the good faith of landlords to keep the houses in repair.
It is not true.
It is, in any case, a fact. We have to rely on the good faith of the landlord to keep the house in good repair.
The right hon. Gentleman should withdraw his remarks.
The right hon. Gentleman's whole argument shows that this is a miserable Bill which is entirely ineffective, and we shall vote against it.
Question put, "That those words be there inserted."
The Committee divided: Ayes, 255; Noes, 278.
Division No. 63.] AYES [7.48 p.m. Acland, Sir Richard Bing, G. H. C. Castle, Mrs. B. A. Adams, Richard Blackburn, F. Champion, A. J. Albu, A. H. Blenkinsop, A. Chapman, W. D. Allen, Arthur (Bosworth) Blyton, W. R. Chetwynd, G. R. Allen, Scholefield (Crewe) Boardman, H. Clunie, J. Anderson, Frank (Whitehaven) Bottomley, Rt. Hon. A. G. Coldrick, W. Attlee, Rt. Hon. C. R. Bowden, H. W. Collick, P. H. Awbery, S. S. Bowles, F. G. Corbet, Mrs. Freda Bacon, Miss Alice Braddock, Mrs. Elizabeth Cove, W. G. Baird, J. Brockway, A. F. Craddock, George (Bradford, S.) Balfour, A. Brook, Dryden (Halifax) Crosland, C. A. R Barnes, Rt. Hon. A. J. Broughton, Dr. A. D. D. Crossman, R. H. S Bartley, P. Brown, Rt. Hon. George (Belper) Cullen, Mrs. A. Bellenger, Rt. Hon. F. J Brown, Thomas (Ince) Daines, P. Benn, Hon. Wedgwood Burton, Miss F. E. Dalton, Rt. Hon. H. Benson, G. Butler, Herbert (Hackney, S.) Darling, George (Hillsborough) Beswick, F. Callaghan, L. J. Davies, Ernest (Enfield, E.) Bevan, Rt. Hon. A. (Ebbw Vale) Carmichael, J. Davies, Harold (Leek) de Freitas, Geoffrey Key, Rt. Hon. C. W. Roberts, Goronwy (Caernarvon) Deer, G. King, Dr. H. M. Rogers, George (Kensington, N.) Delargy, H. J. Lee, Frederick (Newton) Ross, William Dodds, N. N. Lee, Miss Jennie (Cannock) Royle, C. Donnelly, D. L. Lever, Harold (Cheetham) Shackleton, E. A. A. Driberg, T. E. N. Lever, Leslie (Ardwick) Shawcross, Rt. Hon. Sir Hartley Dugdale, Rt. Hon. John (W. Bromwich) Lindgren, G. S. Short, E. W. Ede, Rt. Hon. J. C. Lipton, Lt.-Col. M Shurmer, P. L E Edelman, M. Logan, D. G. Silverman, Julius (Erdington) Edwards, Rt. Hon. John (Brighouse) MacColl, J. E. Silverman, Sydney (Nelson) Edwards, Rt. Hon. Ness (Caerphilly) McGhee, H. G. Simmons, C. J. (Brierley Hill) Edwards, W. J. (Stepney) McGovern, J Skeffington, A. M. Evans, Albert (Islington, S.W.) Mclnnes, J. Slater, J. (Durham, Sedgefield) Evans, Edward (Lowestoft) McKay, John (Wallsend) Smith, Ellis (Stoke, S.) Evans, Stanley (Wednesbury) McLeavy, F. Smith, Norman (Nottingham, S.) Fernyhough. E. MacMillan, M. K. (Western Isles) Snow, J. W. Fienburgh, W. McNeil, Rt. Hon. H. Sorensen, R. W. Finch, H. J. Mainwaring, W. H. Soskice, Rt. Hon. Sir Frank Fletcher, Eric (Islington, E.) Mallalieu, E. L. (Brigg) Sparks, J. A. Follick, M. Mallalieu, J. P. W. (Huddersfield, E.) Steele, T. Foot, M. M. Marquand, Rt. Hon. H. A Stewart, Michael (Fulham, E.) Forman, J. C. Mason, Roy Strauss, Rt. Hon. George (Vauxhall) Fraser, Thomas (Hamilton) Mayhew, C. P. Stross, Dr. Barnett Freeman, John (Watford) Mellish, R. J. Summerskill, Rt. Hon. E. Freeman, Peter (Newport) Messer, Sir F. Sylvester, G. O. Gibson, C. W. Mikardo, Ian Taylor, Bernard (Mansfield) Gooch, E. G. Mitchison, G. R Taylor, John (West Lothian) Greenwood, Anthony (Rossendale) Monslow, W. Taylor, Rt. Hon. Robert (Morpeth) Grey, C. F. Moody, A. S. Thomas, lorwerth (Rhondda, W.) Griffiths, David (Rother Valley) Morgan, Dr. H. B. W Thomas, Ivor Owen (Wrekin) Griffiths, Rt. Hon. James (Llanelly) Morley, R. Thomson, George (Dundee, E.) Griffiths, William (Exchange) Morris, Percy (Swansea, W.) Thornton, E Hall, John T. (Gateshead, W.) Morrison, Rt. Hon. H. (Lewisham, S.) Timmons, J. Hamilton, W W. Mort, D. L. Tomney, F. Hannan, W. Moyle, A. Turner-Samuels, M. Hardy, E A Mulley, F. W Ungoed-Thomas, Sir Lynn Hargreaves, A. Murray, J. D. Usborne, H. C. Harrison, J. (Nottingham, E.) Nally, W. Viant, S. P. Hastings, S. Neal, Harold (Bolsover) Wallace, H. W Hayman, F. H. Noel-Baker, Rt. Hon. P. J Warbey, W. N. Healey, Denis (Leeds, S.E.) Oliver, G. H Watkins, T. E. Henderson, Rt. Hon. A. (Rowley Regis) Orbach, M. Webb, Rt. Hon. M. (Bradford, C.) Herbison, Miss M. Oswald, T. Weitzman, D. Hobson, C. R. Padley, W. E. Wells, Percy (Faversham) Holman, P. Paget, R. T. Wells, William (Walsall) Holmes, Horace Paling, Rt. Hon. W. (Dearne Valley) West, D. G. Houghton, Douglas Paling, Will T. (Dewsbury) Wheeldon, W. E Hoy, J. H. Palmer, A. M. F. White, Mrs. Eirene (E. Flint) Hudson, James (Ealing, N.) Pannell), Charles White, Henry (Derbyshire, N.E.) Hughes, Cledwyn (Anglesey) Pargiter, G. A. Whiteley, Rt. Hon. W. Hughes, Emrys (S. Ayrshire) Parker, J. Wigg, George Hughes, Hector (Aberdeen, N.) Parkin, B. T Wilcock, Group Capt. C. A. B. Hynd, H. (Accrington) Pearson, A. Willey, F. T. Hynd, J. B. (Attercliffe) Peart, T. F. Williams, David (Neath) Irvine, A. J. (Edge Hill) Plummer, Sir Leslie Williams, Rev. Llywelyn (Abertillery) Irving, W. J. (Wood Green) Popplewell, E. Williams, Ronald (Wigan) Isaacs, Rt. Hon. G. A. Porter, G. Williams, Rt. Hon. Thomas (Don V'll'y) Janner, B. Price, J. T (Westhoughton) Williams, W. R. (Droylsden) Jay, Rt. Hon. D. P. T. Price, Philips (Gloucestershire, W.) Williams, W. T. (Hammersmith, S.) Jeger, George (Goole) Proctor, W. T. Winterbottom, Richard (Brightside) Jeger, Mrs. Lena Pryde, D. J. Woodburn, R Hon. A. Jenkins, R. H. (Stechford) Pursey, Cmdr. H Wyatt, W. L. Johnson, James (Rugby) Rankin, John Yates, V. F. Johnston, Douglas (Paisley) Reeves, J. Younger, Rt. Hon. K Jones, David (Hartlepool) Reid, Thomas (Swindon) TELLERS FOR THE AYES: Jones, Jack (Rotherham) Reid, William (Camlachie) Mr. Wilkins and Jones, T. W. (Merioneth) Robens, Rt. Hon. A. Mr. Kenneth Robinson. Keenan, W. Roberts, Albert (Normanton) Kenyon, C
NOES Allan, R. A. (Paddington, S.) Beach, Maj. Hicks Boyd-Carpenter, Rt Hon. J A Alport, C. J. M. Bell, Philip (Bolton, E.) Boyle, Sir Edward Amory, Rt. Hon. Heathcoat (Tiverton) Bell, Ronald (Bucks, S.) Braine, B. R. Anstruther-Gray, Major W. J. Bennett, F. M. (Reading, N.) Braithwaite, Sir Gurney Arbuthnot, John Bennett, Dr. Reginald (Gosport) Bromley-Davenport, Lt.-Col. W. H Assheton, Rt. Hon. R. (Blackburn, W.) Bennett, William (Woodside) Brooke, Henry (Hampstead) Baker, P. A. D. Bevins, J. R. (Toxteth) Brooman-White, R. C. Baldock, Lt.-Cmdr. J. M Birch, Nigel Browne, Jack (Govan) Baldwin, A. E. Bishop, F. P. Buchan-Hepburn, Rt. Hon. P. G T. Banks, Col. C. Black, C. W Bullard, D. G. Barlow, Sir John Boothby, Sir R. J. G Bullus, Wing Commander E. E Baxter, A. B. Bossom, Sir A. C. Burden, F. F. A. Butcher, Sir Herbert Horsbrugh, Rt. Hon. Florence Peyton, J. W. W. Butler, Rt. Hon. R. A. (Saffron Walden) Howard, Gerald (Cambridgeshire) Pickthorn, K. W. M. Campbell, Sir David Howard, Hon. Greville (St. Ives) Pilkington, Capt. R. A Channon, H. Hudson, Sir Austin (Lewisham, N.) Pitman, I. J. Clarke, Col. Ralph (East Grinstead) Hudson, W. R. A. (Hull, N.) Pitt, Miss E. M. Clarke, Brig. Terence (Portsmouth, W.) Hulbert, Wing Cdr. N. J. Powell, J. Enoch Cole, Norman Hutchison, Sir Ian Clark (E'b'rgh, W.) Price, Henry (Lewisham, W.) Colegate, W. A. Hyde, Lt.-Col. H. M. Prior-Palmer, Brig. O. L. Conant, Maj. R. J. E. Hylton-Foster, H. B. H Raikes, Sir Victor Cooper, Sqn. Ldr. Albert Iremonger, T. L. Ramsden, J. E. Cooper-Key, E. M. Jenkins, Robert (Dulwich) Rayner, Brig. R Craddock, Beresford (Spelthorne) Jennings, Sir Roland Redmayne, M. Crookshank, Capt. Rt. Hon. H. F. C. Johnson, Eric (Blackley) Rees-Davies, W. R. Crosthwaite-Eyre, Col. O. E Johnson, Howard (Kemptown) Remnant, Hon. P. Crouch, R. F. Jones, A. (Hall Green) Renton, D. L. M. Crowder, Sir John (Finchley) Joynson-Hicks, Hon. L. W Ridsdale, J. E. Crowder, Petre (Ruislip—Northwood) Kerby, Capt. H. B. Roberts, Peter (Heeley) Darling, Sir William (Edinburgh, S.) Kerr, H. W. Robertson, Sir David Davidson, Viscountess Lambert, Hon. G. Robinson, Roland (Blackpool, S.) Deedes, W. F. Lambton, Viscount Rodgers, John (Sevenoaks) Digby, S. Wingfield Lancaster, Col. C. G. Roper, Sir Harold Dodds-Parker, A. D. Langford-Holt, J. A. Russell, R. S. Donaldson, Cmdr, C. E. McA. Leather, E. H. C. Ryder, Capt. R. E. D. Doughty, C. J. A. Legge-Bourke, Maj. E. A. H. Schofield, Lt.-Col. W. Douglas-Hamilton, Lord Malcolm Legh, Hon. Peter (Petersfield) Scott, R. Donald Drewe, Sir C. Lennox-Boyd, Rt. Hon. A. T. Scott-Miller, Cmdr. R. Dugdale, Rt. Hon. Sir T. (Richmond) Lindsay, Martin Shepherd, William Duncan, Capt. J. A. L. Linstead, Sir H. N Simon, J. E. S. (Middlesbrough, W.) Duthie, W. S. Llewellyn, D. T. Smithers, Sir Waldron (Orpington) Eccles, Rt. Hon. Sir D. M. Lloyd, Maj. Sir Guy (Renfrew, E.) Smyth, Brig, J. G. (Norwood) Eden, Rt. Hon. A. Lloyd, Rt. Hon. Selwyn (Wirral) Snadden, W. McN. Eden, J. B. (Bournemouth, West) Lockwood, Lt.-Col. J. C. Soames, Capt. C. Elliot, Rt. Hon. W. E. Longden, Gilbert Spearman, A. C. M. Erroll, F. J. Low, A. R. W. Speir, R. M. Fell, A. Lucas, Sir Jocelyn (Portsmouth, S.) Spens, Rt. Hon. Sir P. (Kensington, S.) Finlay, Graeme Lucas, P. B. (Brentford) Stanley, Capt. Hon. Richard Fisher, Nigel Lucas-Tooth, Sir Hugh Stevens, G. P. Fleetwood-Hesketh, R. F. Lyttelton, Rt. Hon. O. Steward, W. A. (Woolwich, W.) Fletcher-Cooke, C. McAdden, S. J. Stoddart-Scott, Col. M. Ford, Mrs. Patricia McCallum, Major D. Storey, S Fort, R. McCorquodale, Rt. Hon. M. S Strauss, Henry (Norwich, S.) Foster, John Macdonald, Sir Peter Stuart, Rt. Hon. James (Moray) Fraser, Hon. Hugh (Stone) Mackeson, Brig. Sir Harry Studholme, H. G. Fraser, Sir Ian (Morecambe & Lonsdale) Mackie, J. H. (Galloway) Summers, G. S. Fyfe, Rt. Hon. Sir David Maxwell Maclean,, Fitzroy Sutcliffe, Sir Harold Galbraith, Rt. Hon. T. D. (Pollok) Macleod, Rt. Hon. Iain (Enfield, W.) Taylor, Sir Charles (Eastbourne) Galbraith, T. G. D. (Hillhead) MacLeod, John (Ross and Cromarty) Taylor, William (Bradford, N.) Garner-Evans, E. H. Macmillan, Rt. Hon. Harold (Bromley) Teeling, W. George, Rt. Hon. Maj. G. Lloyd Macpherson, Niall (Dumfries) Thomas, David (Aberdare) Glover, D. Maitland, Comdr, J. F. W. (Horncastle) Thomas, Rt. Hon. J. P. L. (Hereford) Godber, J. B. Maitland, Patrick (Lanark) Thomas, Leslie (Canterbury) Gomme-Duncan, Col. A Manningham-Buller, Sir R. E Thompson, Kenneth (Walton) Gough, C. F. H Markham, Major Sir Frank Thompson, Lt.-Cdr. R. (Croydon, W.) Gower, H. R. Marlowe, A. A. H. Thornton-Kemsley, Col. C. N. Graham, Sir Fergus Marples, A. E. Tilney, John Grimond, J. Marshall, Douglas (Bodmin) Touche, Sir Gordon Grimston, Hon. John (St. Albans) Maude, Angus Turner, H. F. L. Grimston, Sir Robert (Westbury) Maudling, R. Turton, R. H. Hall, John (Wycombe) Maydon, Lt-Comdr. S. L. C Tweedsmuir, Lady Harden, J. R. E. Medlicott, Brig. F. Vane, W. M. F. Hare, Hon. J. H Mellor, Sir John Vaughan-Morgan, J. K. Harris, Frederic (Croydon, N.) Molson, A. H. E. Vosper, D. F. Harris, Reader (Heston) Moore, Sir Thomas Wade, D. W. Harrison, Col. J. H. (Eye) Morrison, John (Salisbury) Wakefield, Edward (Derbyshire, W.) Harvey, Ian (Harrow, E.) Mott-Radclyffe, C. E. Wakefield, Sir Wavell (St. Marylebone) Harvie-Watt, Sir George Nabarro, G. D. N. Walker-Smith, D. C. Hay, John Neave, Airey Wall, P. H. B. Heald, Rt. Hon. Sir Lionel Nicholls, Harmar Ward, Hon. George (Worcester) Heath, Edward Nicholson, Godfrey (Farnham) Ward, Miss I. (Tynemouth) Henderson, John (Cathcart) Nield, Basil (Chester) Waterhouse, Capt. Rt. Hon. C. Higgs, J. M. C. Noble, Cmdr. A. H. P Watkinson, H. A Hill, Dr. Charles (Luton) Nugent, G. R. H. Webbe, Sir H. (London & Westminster) Hill, Mrs. E. (Wythenshawe) Nutting, Anthony Wellwood, W. Hinchingbrooke, Viscount Oakshott, H. D. Williams, Rt. Hon. Charles (Torquay) Hirst, Geoffrey O'Neill, Hon. Phelim (Co. Antrim, N.) Williams, Sir Herbert (Croydon, E.) Holland-Martin, C. J Orr, Capt. L. P. S. Williams, Paul (Sunderland, S.) Hollis, M. C Orr-Ewing, Charles Ian (Hendon, N.) Williams, R. Dudley (Exeter) Holt, A. F. Osborne, C. Wilson, Geoffrey (Truro) Hope, Lord John Page, R. G. Wood. Hon. R Hopkinson, Rt. Hon. Henry Peake, Rt. Hon. O. TELLERS FOR THE NOES: Hornsby-Smith, Miss M P Perkins, Sir Robert Mr. Kaberry and Mr. Wills. Horobin, I M Peto, Brig. C. H. M
Clause ordered to stand part of the Bill.
Clause 23.—(NOTICE AND DECLARATIONS PRELIMINARY TO RECOVERY OF REPAIRS INCREASE.)
I beg to move, in page 19, line 4, at the end, to insert:
"or, if a tenant's notice is given under the provisions of the said Second Schedule, the date of the confirmation mentioned in these provisions, whichever date is the later."
The poor men up and down the country will suffer from this iniquitous Guillotine, which prevents us from acting in their interests.
Question put, "That those words be there inserted."
The Committee divided: Ayes, 256; Noes, 278.
Division No. 64.] AYES [7.59 p.m. Acland, Sir Richard Fernyhough, E. McLeavy, F. Adams, Richard Fienburgh, W. MacMillan, M. K. (Western Isles) Albu, A H. Finch, H. J. McNeil, Rt. Hon. H. Aden, Arthur (Bosworth) Fletcher, Eric (Islington, E.) Mainwaring, W. H. Allen, Scholefield (Crewe) Follick, M. Mallalieu, E. L. (Brigg) Anderson, Frank (Whitehaven) Foot, M. M. Mallalieu, J. P. W. (Huddersfield, E.) Attlee, Rt. Hon. C. R. Forman, J. C. Marquand, Rt. Hon. H. A. Awbery, S. S. Fraser, Thomas (Hamilton) Mason, Roy Bacon, Miss Alice Freeman, John (Watford) Mayhew, C. P. Baird, J. Freeman, Peter (Newport) Mellish, R. J. Balfour, A. Gibson, C. W. Messer, Sir F. Barnes, Rt. Hon. A. J. Gooch, E. G. Mikardo, Ian Bartley, P. Greenwood, Anthony (Rossendale) Mitchison, G. R Bellenger, Rt. Hon. F. J. Grey, C. F. Monslow, W. Bonn, Hon. Wedgwood Griffiths, David (Rother Valley) Moody, A. S. Benson, G. Griffiths, Rt. Hon. James (Llanelly) Morgan, Dr. H. B. W. Beswick, F. Griffiths, William (Exchange) Morley, R. Bevan, Rt. Hon. A. (Ebbw Vale) Hall, John T. (Gateshead, W.) Morris, Percy (Swansea, W.) Bing, G. H. C. Hamilton, W. W. Morrison, Rt. Hon. H. (Lewisham, S.) Blackburn, F. Hannan, W. Mort, D. L. Blenkinsop, A. Hardy, E. A. Moyle, A. Blyton, W. R. Hargreaves, A. Mulley, F. W. Boardman, H. Harrison, J. (Nottingham, E.) Murray, J. D. Bottomley, Rt. Hon. A. G. Hastings, S. Nally, W Bowles, F. G. Hayman, F. H. Neal, Harold (Bolsover) Braddock, Mrs. Elizabeth Healey, Denis (Leeds, S.E.) Noel-Baker, Rt. Hon. P. J Brockway, A. F. Henderson, Rt. Hon. A. (Rowley Regis) O'Brien, T. Brook, Dryden (Halifax) Herbison, Miss M. Oliver, G. H. Broughton, Dr. A. D. D. Hobson, C. R. Orbach, M. Brown, Rt. Hon. George (Belper) Holman, P. Osborne, C. Brown, Thomas (Ince) Holmes, Horace Padley, W. E. Burton, Miss F. E. Houghton, Douglas Paget, R. T. Butler, Herbert (Hackney, S.) Hoy, J. H. Paling, Rt. Hon. W. (Dearne Valley) Callaghan, L. J. Hudson, James (Ealing, N.) Paling, Will T. (Dewsbury) Carmichael, J. Hughes, Cledwyn (Anglesey) Palmer, A. M. F. Castle, Mrs. B. A. Hughes, Emrys (S. Ayrshire) Pannell, Charles Champion, A. J. Hughes, Hector (Aberdeen, N.) Pargiter, G. A. Chapman, W. D. Hynd, H. (Accrington) Parker, J. Chetwynd, G. R. Hynd, J. B. (Attercliffe) Parkin, B. T. Clunie, J. Irvine, A. J. (Edge Hill) Pearson, A. Coldrick, W. Irving, W. J. (Wood Green) Peart, T. F. Collick, P. H. Isaacs, Rt. Hon. G. A. Plummer, Sir Leslie Corbet, Mrs. Freda Janner, B. Popplewell, E. Cove, W. G. Jay, Rt. Hon. D. P. T. Porter, G. Craddock, George (Bradford, S.) Jeger, George (Goole) Price, J. T. (Westhoughton) Crosland, C. A. R. Jeger, Mrs. Lena Price, Philips (Gloucestershire, W.) Crossman, R. H. S. Jenkins, R. H. (Stechford) Proctor, W. T. Cullen, Mrs. A. Johnson, James (Rugby) Pryde, D. J. Dairies, P. Johnston, Douglas (Paisley) Pursey, Cmdr. H Dalton, Rt. Hon. H. Jones, David (Hartlepool) Rankin, John Darling, George (Hillsborough) Jones, Jack (Rotherham) Reeves, J. Davies, Ernest (Enfield, E.) Jones, T. W. (Merioneth) Reid, Thomas (Swindon) Davies, Harold (Leek) Keenan, W. Reid, William (Camlachie) de Freitas, Geoffrey Kenyon, C. Robens, Rt. Hon. A Deer, G. Key, Rt. Hon. C W. Roberts, A'bert (Normanton) Delargy, H. J. King, Dr. H. M. Roberts, Goronwy (Caernarvon) Dodds, N. N. Lee, Frederick (Newton) Robinson, Kenneth (S. Pancras, N.) Donnelly, D. L. Lee, Miss Jennie (Cannock) Rogers, George (Kensington, N.) Driberg, T. E. N. Lever, Harold (Cheetham) Ross, William Dugdale, Rt. Hon. John (W. Bromwich) Lever, Leslie (Ardwick) Royle, C. Ede, Rt. Hon. J. C. Lindgren, G. S. Shackleton, E. A. A. Edelman, M. Lipton, Lt.-Col. M Shawcross, Rt. Hon Sir Hartley Edwards, Rt. Hon. John (Brighouse) Logan, D. G. Short, E. W. Edwards, Rt. Hon. Ness (Caerphilly) MacColl, J. E. Shurmer, P. L. E Edwards, W. J. (Stepney) McGhee, H. G Silverman, Julius (Erdington) Evans, Albert (Islington, S.W.) McGovern, J Silverman, Sydney (Nelson) Evans, Edward (Lowestoft) McInnes, J. Simmons, C. J. (Brierley Hill) Evans, Stanley (Wednesbury) McKay, John (Wallsend) Skeffington, A. M Slater, J. (Durham Sedgefield) Thomson, George (Dundee, E.) White, Henry (Derbyshire, N.E.) Smith, Ellis (Stoke, S.) Thornton, E. Whiteley, Rt. Hon. W. Smith, Norman (Nottingham, S.) Timmons, J. Wigg, George Snow, J. W. Tomney, F. Wilcock, Group Capt. C. A. B. Sorensen, R. W. Turner-Samuels, M. Willey, F. T. Soskice, Rt. Hon. Sir Frank Ungoed-Thomas, Sir Lynn Williams, David (Neath) Sparks, J. A. Usborne, H. C. Williams, Rev. Llywelyn (Abertillery) Steele, T. Viant, S. P. Williams, Ronald (Wigan) Stewart, Michael (Fulham, E.) Wallace, H. W. Williams, Rt. Hon. Thomas (Don V'H'y) Strauss, Rt. Hon. George (Vauxhall) Warbey, W. N. Williams, W. R. (Droylsden) Stross, Dr. Barnett Watkins, T. E. Williams, W. T. (Hammersmith, S.) Summerskill, Rt. Hon. E. Webb, Rt. Hon. M. (Bradford, C.) Winterbottom, Richard (Brightside) Sylvester, G. O. Weitzman, D. Woodburn, Rt. Hon. A. Taylor, Bernard (Mansfield) Wells, Percy (Faversham) Wyatt, W. L. Taylor, John (West Lothian) Wells, William (Walsall) Yates, V. F. Taylor, Rt. Hon. Robert (Morpeth) West, D. G. Younger, Rt. Hon. K. Thomas, Iorwerth (Rhondda, W.) Wheeldon, W. E. TELLERS FOR THE AYES: Thomas, Ivor Owen (Wrekin) White, Mrs. Eirene (E. Flint) Mr. Bowden and Mr. Wilkins.
NOES 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. Hylton-Foster, H. B. H. Anstruther-Gray, Major W. J. Duthie, W. S. Iremonger, T. L. Arbuthnot, John Eccles, Rt. Hon. Sir D. M. Jenkins, Robert (Dulwich) Assheton, Rt. Hon. R. (Blackburn, W.) Eden, Rt. Hon. A. Jennings, Sir Roland Baker, P. A. D. Eden, J. B. (Bournemouth, West) Johnson, Eric (Blackley) Baldock, Lt.-Cmdr. J. M. Elliot, Rt. Hon. W. E. Johnson, Howard (Kemptown) Baldwin, A. E. Erroll, F. J. Jones, A. (Hall Green) Banks, Col. C. Fell, A. Joynson-Hicks, Hon. L. W Barber, Anthony Finlay, Graeme Kaberry, D. Barlow, Sir John Fisher, Nigel Kerby, Capt. H B. Baxter, A. B. Fleetwood-Hesketh, R. F Kerr, H. W. Beach, Maj. Hicks Fletcher-Cooke, C. Lambert, Hon. G. Bell, Philip (Bolton, E.) Ford, Mrs. Patricia Lambton, Viscount Bell, Ronald (Bucks, S.) Fort, R. Lancaster, Col. C. G. Bennett, F. M. (Reading, N.) Foster, John Langford-Holt, J. A. Bennett, Dr. Reginald (Gosport) Fraser, Hon. Hugh (Stone) Leather, E. H. C. Bennett, William (Woodside) Fraser, Sir Ian (Morecambe & Lonsdale) Legge-Bourke, Maj. E. A. H. Bevins, J. R. (Toxteth) Fyfe, Rt. Hon. Sir David Maxwell Legh, Hon. Peter (Petersfield) Birch, Nigel Galbraith, Rt. Hon. T. D. (Pollok) Lennox-Boyd, Rt. Hon. A. T Bishop, F. P. Galbraith, T. G. D. (Hillhead) Lindsay, Martin Black, C. W. Garner-Evans, E. H. Linstead, Sir H. N. Boothby, Sir R. J. G. George, Rt. Hon. Maj. G. Lloyd Llewellyn, D. T. Bossom, Sir A. C. Glover, D. Lloyd, Maj. Sir Guy (Renfrew, E.) Boyd-Carpenter, Rt. Hon. J. A. Godber, J. B. Lloyd, Rt. Hon. Selwyn (Wirral) Boyle, Sir Edward Gomme-Duncan, Col. A Lockwood, Lt.-Col. J. C. Braine, B. R. Gough, C. F. H. Longden, Gilbert Braithwaite, Sir Gurney Gower, H. R. Low, A. R. W. Bromley-Davenport, Lt.-Col. W. H Graham, Sir Fergus Lucas, Sir Jocelyn (Portsmouth, S.) Brooke, Henry (Hampstead) Grimond, J. Lucas, P. B. (Brentford) Brooman-White, R. C. Grimston, Hon. John (St. Albans) Lucas-Tooth, Sir Hugh Browne, Jack (Govan) Grimston, Sir Robert (Westbury) Lyttelton, Rt. Hon. O. Buchan-Hepburn, Rt. Hon. P. G. T Hall, John (Wycombe) McAdden, S. J. Bullard, D. G. Harden, J. R. E. McCallum, Major D. Bullus, Wing Commander E. E. Hare, Hon. J. H. McCorquodale, Rt. Hon. M. S. Burden, F. F. A. Harris, Frederic (Croydon, N.) Macdonald, Sir Peter Butcher, Sir Herbert Harris, Reader (Heston) Mackeson, Brig. Sir Harry Butler, Rt. Hon. R. A. (Saffron Walden) Harrison, Col. J. H. (Eye) Mackie, J. H. (Galloway) Campbell, Sir David Harvey, Ian (Harrow, E.) Maclean, Fitroy Channon, H. Harvie-Watt, Sir George Macleod, Rt. Hon. lain (Enfield, W.) Clarke, Col. Ralph (East Grinstead) Hay, John MacLeod, John (Ross and Cromarty) Clarke, Brig. Terence (Portsmouth, W.) Heald, Rt. Hon. Sir Lionel Macmillan, Rt. Hon. Harold (Bromley) Cole, Norman Heath, Edward Macpherson, Niall (Dumfries) Colegate, W. A. Henderson, John (Cathcart) Maitland, Comdr. J F. W. (Horncastle) Conant, Maj. R. J. E. Higgs, J. M. C. Maitland, Patrick (Lanark) Cooper, Sqn. Ldr. Albert Hill, Dr Charles (Luton) Manningham-Buller, Sir R. E. Cooper-Key, E. M. Hill, Mrs. E. (Wythenshawe) Markham, Major Sir Frank Craddock, Beresford (Spelthorne) Hinchingbrooke, Viscount Marlowe, A. A. H. Crookshank, Capt. Rt. Hon. H. F. C Hirst, Geoffrey Marples, A. E. Crosthwaite-Eyre, Col. O. E. Holland-Martin, C. J. Marshall, Douglas (Bodmin) Crouch, R. F. Hollis, M. C. Maude, Angus Crowder, Sir John (Finchley) Holt, A. F. Maudling, R. Crowder, Petre (Ruislip—Northwood) Hope, Lord John Maydon, Lt.-Comdr. S. L. C. Darling, Sir William (Edinburgh, S.) Hopkinson, Rt. Hon. Henry Medlicott, Brig. F. Davidson, Viscountess Hornsby-Smith, Miss M. P. Mellor, Sir John Deedes, W. F. Horobin, I. M. Molson, A. H. E. Digby, S. Wingfield Hersbrugh, Rt. Hon. Florence Moore, Sir Thomas Dodds-Parker, A. D. Howard, Gerald (Cambridgeshire) Morrison, John (Salisbury) Donaldson, Cmdr. C. E. McA Howard, Hon Greville (St. Ives) Mott-Radclyffe, C. E. Doughty, C. J. A. Hudson, Sir Austin (Lewisham, N.) Nabarro, G. D. N. Douglas-Hamilton, Lord Malcolm Hudson, W. R. A. (Hull, N.) Neave, Airey Drewe, Sir C Hulbert, Wing Cdr. N. J. Nicholls, Harmar Nicholson, Godfrey (Farnham) Robinson, Roland (Blackpole, S.) Thompson, Kenneth (Walton) Nield, Basil (Chester) Rodgers, John (Sevenoaks) Thompson, Lt.-Cdr. R. (Croydon, W.) Noble, Cmdr. A. H. P. Roper, Sir Harold Thornton-Kemsley, Col. C. N. Nugent, G. R. H. Russell, R. S. Tilney, John Nutting, Anthony Ryder, Capt. R. E. D. Touche, Sir Gordon Oakshott, H. D. Schofield, Lt.-Coil. W. Turner, H. F. L. O'Neill, Hon. Phelim (Co. Antrim, N.) Scott, R. Donald Turton, R. H. Orr, Capt. L. P. S. Scott-Miller, Cmdr. R. Tweedsmuir, Lady Orr-Ewing, Charles Ian (Hendon, N.) Shepherd, William Vane, W. M. F. Osborne, C. Simon, J. E. S. (Middlesbrough, W.) Vaughan-Morgan, J. K. Page, R. G. Smithers, Sir Waldron (Orpington) Wade, D. W. Peake, Rt. Hon. O. Smyth, Brig. J. G. (Norwood) Wakefield, Edward (Derbyshire, W.) Perkins, Sir Robert Snadden, W. McN. Wakefield, Sir Wavell (St. Marylebone) Peto, Brig. C. H. M. Soames, Capt. C. Walker-Smith, D. C. Peyton, J. W. W. Spearman, A. C. M. Wall, P. H. B. Pickthorn, K. W. M Speir, R. M. Ward, Hon. George (Worcester) Pilkington, Capt. R. A. Spens, Rt. Hon. Sir P. (Kensington, S.) Ward, Miss I. (Tynemouth) Pitman, I. J. Stanley, Capt. Hon. Richard Waterhouse, Capt. Rt. Hon. C. Pitt, Miss E. M. Stevens, G. P. Watkinson, H. A. Powell, J. Enoch Steward, W. A. (Woolwich, W.) Webbe, sir H. (London & Westminster) Price, Henry (Lewisham, W.) Stoddart-Scott, Col. M. Wellwood, W. Prior-Palmer, Brig. O. L. Storey, S. Williams, Rt. Hon. Charles (Torquay) Raikes, Sir Victor Strauss, Henry (Norwich, S.) Williams, Sir Herbert (Croydon, E.) Ramsden, J. E. Stuart, Rt. Hon. James (Moray) Williams, Paul (Sunderland, S.) Rayner, Brig. R. Studholme, H. G. Williams, R. Dudley (Exeter) Redmayne, M. Summers, G. S. Wills, G. Rees-Davies, W. R. Sutcliffe, Sir Harold Wilson, Geoffrey (Truro) Remnant, Hon. P. Taylor, Sir Charles (Eastbourne) Wood, Hon. R. Benton, D. L. M. Taylor, William (Bradford, N.) TELLERS FOR THE NOES: Ridsdale, J. E. Teeling, W. Mr. Vosper and Mr. Robert Allan. Roberts, Peter (Heeley) Thomas, Rt. Hon. J. P. L. (Hereford) Robertson, Sid David Thomas, Leslie (Canterbury)
It being after Eight o'Clock, The CHAIRMAN proceeded, pursuant to Orders, to put forthwith the Questions necessary to bring the Proceedings on re-committal to a conclusion, including the Question on a Clause moved by a member of the Government, of which notice had been given.
Question "That the Clause stand part of the Bill," put, and agreed to.
New Clause.—(POSTPONEMENT OF DEMOLITION UNDER CLEARANCE ORDER IN THE CASE OF HOUSES LET TO LOCAL AUTHORITY.)
(1) The following provisions of this section shall have effect in the case of a house on land in a clearance area which does not belong to the local authority, where the authority are of opinion that the house is or can be rendered capable of providing accommodation of a standard which is adequate for the time being, and that the house ought not to be demolished for the time being but ought to be retained for temporary use for housing purposes.
(2) Subject to the next following subsection, the local authority may include in any clearance order made by them under Part III of the principal Act and applying to the house a provision that the demolition of the house in pursuance of the order is to be postponed until the authority determine that the house is no longer required for use for housing purposes; and if such a provision is included, the order shall not fix a period for the vacation of the house as required by paragraph 1 of the Third Schedule to the principal Act (which relates to the form and content of clearance orders).
(3) A local authority shall not include in a clearance order such a provision as is mentioned in the last foregoing subsection unless
(4) In relation to a house to which a clearance order applies with such a provision as is mentioned in subsection (2) of this section—
Question, "That the Clause be added to the Bill," put, and agreed to.
Whereupon The CHAIRMAN left the Chair to report the Bill, as amended, to the House, pursuant to Order.
Bill reported, with Amendments; as amended (in the Standing Committee and on Re-committal) considered.
New Clause.—(EXCLUSION FROM RENT ACTS OF DWELLING-HOUSES CONVERTED OR ERECTED AFTER COMMENCEMENT OF ACT.)
(1) The Act of 1920 shall not apply to a dwelling-house which consists, and consists only, of premises falling within either of the following paragraphs, that is to say,—
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
If this Clause is carried, its effect will be to take out of the Rent Acts dwelling-houses erected or provided by conversion after the date of the commencement of this Bill when it becomes an Act. In form, it follows a similar provision in Section 12 of the Rent Act, 1920.
Before I explain to the House the reasons which have led me to put down this new Clause, perhaps I might just briefly go through its technical effects. Subsection 1 defines the premises which are to be freed from control. Dwellings provided by conversion are not to be freed from control where the conversion is carried out through the aid of grants from public funds under the Housing Act, 1949; that is to say, it will not apply to conversions carried through with the help of public money but only to those where the whole expense falls upon the proprietor. Where a grant is made under the Housing Act, 1949, the local authority will fix a new standard rent in accordance with the provisions of Clause 35.
Subsection (2) provides that it is the date of the completion of the house and not the date when work is begun which is to count for the purpose. That is to ensure that new building is not held up until the Bill is passed. Subsection 3 is really consequential upon the other two.
This new Clause marks a small but perhaps a significant exercise in freedom. We thought a good deal about it before we decided, but I have no hesitation whatever in recommending the House to accept this new Clause, and I will now give my reasons.
In the last two years the number of unsubsidised dwellings built by private enterprise has grown considerably and that, incidentally, without a reduction in the number of council houses built to let. In 1953 some 60,000 unsubsidised houses were built, and I hope in this coming year to see the figure rise to about 80,000. I must confess that, although this is very satisfactory, there is one less satisfactory feature, which is that the great majority—practically all—of the privately financed unsubsidised houses are built for owner occupation. Very few are built for rent—they are practically all for sale.
I have looked through the statistics and find that only some 6 per cent, of that quite considerable total of 60,000 in one case, and as I hope 80,000 this year, were built for letting; and probably in those cases there may have been some special features; that is to say, they may have been built not for the ordinary market but perhaps for institutions of some kind, or industries, or companies, for their own purposes.
8.15 p.m.
I am very anxious to see two things happen. First, a very great increase in the conversion of old houses into flats. I am sure that there is a great piece of work to be done in the housing field if we can really get on with that. Secondly, the building of new houses to be let as houses for tenants as well as sold to occupiers. I say "houses" but perhaps in this field flats will be even more important. I want to see new flats built for people to rent in the ordinary way. After all, there are a lot of people—often quite well-to-do people—who, because of their work or because of their circumstances, or because of the kind of industries in which they are engaged, do not want to be tied down to a particular locality by the purchase of a house. They want to rent a flat or house. One day they may be in one part of the country and then sent to another. These are people quite well-to-do, as well as working people.
I, and I am sure other hon. Members, have heard a lot of complaints of what are called well-to-do people living in council houses at subsidised rents. But it is not really their fault, because it is almost impossible for them to get an unsubsidised house to rent. Pre-war houses have protected tenants in them and very few new ones have been built to rent since the war. The only unsubsidised houses available since the war have been houses to buy. For various reasons, many people do not want to buy a house but want to rent one. They are perfectly prepared to pay an economic rent, but, of course, if a council house with a subsidised rent is all that they can get, I do not think anyone can blame them for taking one.
Is there any reason why they should not have unsubsidised council houses?
That matter has been a good deal debated, but it is entirely within the control of the various housing authorities—of which there are 1,500.
I feel rather sympathetic when I hear it said that someone with a big income has gone into a council house, as, though he has kept someone out, it is not his fault. Because if he could have a privately-built house to rent rather than to buy he would do so. I hope that this Clause will help to get houses built to let on economic terms to people who do not need or want a subsidy. There is no doubt that the present law acts as a deterrent to any enterprising person who might otherwise engage in this work.
It is true, of course, that he may convert a number of houses into a number of flats. He can then select his tenants, agree what the rents shall be, and everything will be plain sailing. He might do the same with his houses. But as soon as they are let there is nothing to prevent the tenant going back upon the agreement, even if it is a written agreement. As long as this system operates, it seems to me that there is very little hope of getting into this work the kind of enterprise which I want to call into play.
I would point out that in no case, whether a conversion or a new house, is any subsidy from either national or local public funds to be used. There is no question of any form of subsidy. Therefore, this is a free operation which in this way I am allowing to come upon the open market parallel to the unsubsidised housing of which we have built so much for the purpose of the owner-occupier. It may be that this experiment will fail and that, against the competition of the high subsidies, we shall not get a very great result. But the experiment is worth making to see if there are builders who will undertake, at their own cost and risk, both the conversion of old houses and the building of new houses, on the basis of this Clause. There is little hope of getting it done upon the present basis.
It is obvious that when we enter into an enterprise of this kind we make our calculations of the cost, either of building or converting, and we estimate what we may expect to get out of it. We may be wrong; anybody may be wrong in a business gamble. But no one in his senses will undertake an enterprise of this kind, which depends for its success upon the tenant refraining from exercising a statutory right to go back upon an agreement he has made. So long as that situation remains there is no hope of any substantial increase in the number of flats converted from old houses, or of new houses built to rent. If we think that there is, we are living in a fool's paradise; it will not be done.
I want to make this experiment to see whether, parallel with the increase in the unsubsidised, privately-built houses for owner-occupation, we can increase the number of flats and houses which can be provided for letting at economic rents to those who can afford to pay. That will have the double effect of saving Government and local revenue and making places available which would not otherwise be available for council tenants. We want both those operations to go forward in a parallel way and to make the kind of provisions for people in this field of houses to rent which we have already successfully made in the field of owner-occupied houses.
This is one of the most serious attacks upon the security of the people that we have witnessed, even in this Bill, which, to be sure, already contains sufficient attacks. The whole system upon which the Rent Acts are based will be undermined by this proposal, which, I believe, is intended to act as the beginning of their end. The object of the Clause has been clothed in such simple and quiet language by the Minister as to indicate that there is not very much in it, but the whole system of rent control, which has protected a large proportion of the population in respect of their rentals and tenancies, will crumble if the thin end of the wedge is allowed to be driven into it by this new Clause.
I shall try to explain why I have come to this conclusion. The 1949 Act, to which the Minister referred, does not operate in favour of his case. On the contrary, it shows that in respect of these houses he is trying to impose an unreasonable rent which will not be ascertainable by or able to be appealed against to any rent tribunal. The 1949 Act says that if a person thinks that he is being charged an unreasonable rent he is entitled to appeal to a rent tribunal, which can decide whether or not it is unreasonable.
I cannot understand what is the idea of this Clause, unless it be to encourage the building of houses to let at exorbitant rentals and so allow those who have plenty of money to jump the queue for accommodation at the expense of those who can barely make a living or can just make ends meet. The Minister is going to allow houses which are at present controlled—even in districts where the population is anxious to get accommodation—to be converted into flats which can be let at any rental, so that the population which has hitherto been protected will not only lose that protection but will be rejected from their premises.
Will the hon. Member explain how a house which is now let to a protected tenant can be obtained by the landlord so that he may carry out the conversion?
The hon. Member is not as naive as all that. He is a solicitor, and he knows very well the manner in which this accommodation comes into the hands of landlords. There may be a death. [An HON. MEMBER: "Hear, hear."] I do not know why that remark should be made, except that some landlords would say, "Hear, hear," because, after the successor of the first tenant has died, the house comes into the landlord's possession. Instead of renting his house at a proper rent, the landlord will now convert it into flats, and instead of making the accommodation available at reasonable rentals for people who can afford it he will extract the most exorbitant sums he can.
In other words, the Tory Government are saying that there are already sufficient houses and accommodation, and the economic rental which has to be paid for a house which has been converted or a new house which has been erected, even if it is below the £100 rateable value—[ Laughter. ] I see no cause for hon. Members opposite to be amused.
Go and snigger about this in Wolverhampton.
Hon. Members opposite will smile on the other side of their faces when the country realises what is being done. This Clause is not intended to attack houses which have a rateable value of over £100 in London and £75 in the Provinces, but those very houses which are rated at such a value as to be available to people with low incomes. With the great experience you have, Mr. Deputy-Speaker, you know as well as I do that once the Rent Acts are tampered with in this way they will fall into disuse. The Tory Government will continue to make inroads into them in future.
The Minister should think again about this matter. It is nonsense for him to say that this is helping the housing situation, and that more houses will be built. At whose expense will they be built? Where is the material and labour to come from? Is the Minister to divert it from repairs, which are provided for in the Bill, or from local authorities when they want to build their houses, or from schools, factories or hospitals? What is the Minister going to do? He is to allow building to take place for the accommodation of those who have plenty of money and can afford to pay the highest and unreasonable prices, so depriving the rest of the population from the chance of enjoying the amenities and the dwellings they require.
There can be no question that anyone who is prepared to vote for an Amendment of this nature is voting away the right not only of keeping rentals at a certain level, but also of people having security of accommodation. I trust that not only hon. Members on this side but hon. Members on the other side of the House will see to it that the people within their own constituencies shall be protected against this vicious attempt to undermine their rights and security.
8.30 p.m.
The hon. Member for Westhoughton (Mr. J. T. Price), when he saw me somewhat amused by the exaggeration of the hon. Member for Leicester, North-West (Mr. Janner) called out "Wolverhampton," and invited me to make some reference in this connection to my own constituency. At both Elections that I have fought in Wolverhampton, South-West I have devoted one whole speech to the question of housing, with particular reference to rent restriction, and I have never been afraid to say that, in the long run, rent restriction operates against the provision of plenty in houses. Curiously enough, I have never lost support or votes by saying that. Indeed, in doing so I have always attracted a good deal of support and assent from all classes of persons in my constituency.
The hon. Member must hypnotise them.
The hon. Member for Leicester, North-West says that this will result in exorbitant rentals: it is exorbitant rentals of which he is afraid. There is only one guarantee, in the long run, against exorbitant prices, and that is to increase the supply. This Clause will be a powerful lever to control the level of rents, in that it provides an attraction to create more and more rental accommodation.
What would the hon. Member do in built-up areas, where we cannot increase the number of houses?
Looked at from the local government point of view one necessarily has on the blinkers of the local government area. But the hon. Gentleman knows that there is a constant movement and interchange of population as houses are built in any part of the area around London. So the lack of building land in a particular local authority area does not mean that the inhabitants of that area are not benefited by the increase in the output of houses elsewhere in the region and throughout the country.
I come back to Wolverhampton. I have watched, in recent months, the effect of the opportunity which my right hon. Friend has given to private enterprise to put up new houses for sale, I have seen the freehold prices of new three-bedroom, semi-detached houses in my constituency and on the outskirts of it, which are offered for sale in the newspapers every day, falling from £2,000 to £1,850 to £1,750.
It is in that multiplication of the available accommodation that one has the guarantee in the last resort against excessive prices being charged; but there has always been this difficulty of converting, as it were, the supply of accommodation to buy into terms of accommodation to rent. There has always been the barrier of the deposit and of that stability in life and in employment which a man must have before he can reasonably enter, at any rate at current prices, upon the task and responsibility of house ownership.
The second protection, therefore, against exorbitant rentals is that so far as possible we break down this barrier against the interchangeability of house room to buy and house room to rent. The step which my right hon. Friend is taking in this Clause will begin to have that effect. The fall in prices, the increasing competition in the number of houses to sell and the falling effective costs of building will now be able to translate themselves into terms of falling economic rents for new or converted property.
Would the hon. Member answer my point as to why the new protection is necessary if the 1949 Act allows a sum which is a reasonable rental to be charged today?
I was going to deal, first, with another question of the hon. Member. He asked where the labour and materials for the output which would be stimulated by the Clause would come from. My right hon. Friend mentioned one place where it is to come from and where I hope it will come from. It is to be partly diverted from the building of houses purely for sale into the building of houses to let. It will make that economically possible for the first time.
Here, I come to the other part of the hon. Member's argument. He asks why this has not been possible all along. After all, he says, under the 1949 Act the rent which a tribunal may fix on the application of the tenant is a reasonable rent. How can one argue, asks the hon. Member, for an entrepreneur who provides rental accommodation to get more than a reasonable rent in return for the accommodation he provides? How can we argue that such property below the £75 or £100 limits should not be protected and that a protected tenancy should not be created? I shall deal, first, with the issue of a protected tenancy.
If the new property is let at current economic rents—and the guarantee that it will be so let is the increasing and continued output, in competition, of new accommodation of the same sort—there is no need for any other protection of the tenant, because he has his alternative in the same sort of accommodation offered by other builders and developers who are developing the same sort of property in another street or on another estate.
As time goes on that protection will strengthen. A person who, in 1954, builds accommodation to rent is facing the consequences of the further decline in building costs. As time goes on—
Nothing stops anyone from reducing the rent.
I understand that. But the new accommodation which is created year by year on a comparable standard will, by and large, be offered at ever falling rents. Falling costs of building—and we have had falling costs of private enterprise building in the last year or two—will be reflected in falling economic rents fixed for that accommodation. The new tenant, therefore, who goes into a house has the prospect that in coming years, if he leaves the property, he will be able to go into other comparable accommodation, not merely at the same rent, but at a somewhat lower rent.
Finally, I come to the "reasonable rent" which is determined by the tribunal under the 1949 Act. The hon. Member asks why anyone should be afraid of building a house to let when the rent which may be fixed for it is a "reasonable rent." The answer is that a person who invests in an enterprise is willing to take, and always takes, the risks of his own miscalculations. What he can never take is the risk of an arbitrary decision which will override and overthrow all his calculations.
He can never risk a rent being fixed which may, in relation to the great mass of rent-restricted accommodation in the area, appear in one sense to be reasonable but which is quite unreasonable in relation to the capital which he has laid out to create that new accommodation. It is that risk, it is that uncertainty, which cannot be commercially discounted, which at present is one of the obstacles to the creation of new accommodation to rent.
I believe, therefore, that this Clause is not merely, as my right hon. Friend said, an essay in freedom, but that it takes us nearer to a situation when tenants will no longer need the protection of the Rent Restrictions Acts, because they will have the ultimately only practicable protection, which is that of the market.
This is a scandalous Clause, both in its form and in the way in which it has been introduced. It is obviously of the highest importance, yet it was not mentioned, nor did it form any part of the Bill either on Second Reading or in Committee. It is brought in by the Government at the last moment on the Report stage under a Guillotine, and I say that people who have not the courage to face a Second Reading debate, and a full and proper discussion of a matter as important as the matter in this Clause, are not fit to govern and not fit to bring in a Bill.
I will proceed to explain why I think it is a scandalous Clause in its substance. First of all, we have just had a defence of it which leads me to say that when, if ever, I have to be defended, heaven forfend that I should be defended like that. Let me tell the hon. Gentleman why I think so. He recognised the fact that, at present, a reasonable rent can be fixed by a tribunal.
He admitted, as I understand, that a remunerative rent will not be a reasonable rent; that is to say, that it is not sufficient to enable the builder or the entrepreneur for these houses to fix a reasonable rent, for that he could do already under the tribunal procedure. What it is intended to do is to give him power to be free of that and to fix what is called a commercially remunerative rent or an economic rent—I do not mind what the phrase is—which has, ex hypothesi, to be an unreasonable rent.
This is done in the name of freedom. More remarkable things have been done by the Tory Party in the name of freedom than any of us have time or opportunity to consider today. But I would like to remind hon. Gentlemen opposite of one simple test about freedom. The man who cannot pay for something, the man who cannot find a house to live in, may in one sense of the word be free, but, indeed, he is tied by the most cruel and bitter bonds that this modern civilisation ever invented, and the kind of freedom hon. Gentlemen opposite want, the kind of freedom they seek, is exemplified by this Clause.
What it means and stands for is freedom for those who can afford most to have most; freedom for those who have money in their pockets and are able to buy a house if they wish, to do something different from what they have done before, and to get it at the price of imposing further restrictions and difficulties on the free man who is sorely in need—in need of money, in need of a house, be it what it may. That is the kind of thing we have to consider in this Clause.
As my hon. Friend the Member for Leicester, North-West (Mr. Janner) has just pointed out, it must have occurred to every one of us while listening to what the Minister had to say today that houses are not conjured up by propaganda; they are not built in the Conservative Central Office. Nor do they arise as a matter of printing a few pamphlets or putting a pretty name to an operation for the benefit of landlords. They have to be built, they have to be built of labour and materials, and every brick that is taken for these particular houses, every workman whose work is diverted to them, would otherwise have been occupied on something else.
Therefore, the effect of what is proposed now, if the Minister is successful in what he wants, is to reduce some other kind of housing. He wants to reduce it in favour of the builder or the speculator who is to be encouraged by this provision to put up houses which he would not otherwise put up. He is to be encouraged by the prospect of getting more profit than he would otherwise have got. That is the freedom.
He will build more houses.
8.45 p.m.
He will build more houses of that sort, but fewer houses of other kinds will be built. The hon. Member appears to think that one gets more houses simply by saying that there shall be more houses. Let me tell him that they have to be built.
If these houses are to be built in the name of freedom, who will suffer? It will be those who at present are in need of council houses all over the country, and who now stand in need of the repairs which it was the ostensible object of this Bill to get done, and who at present stand in need of new schools or new factories in those areas in which they live. They are the people at whose expense this encouragement is to be given to this kind of private builder.
As far as I know, there is nothing whatever to prevent these people building, if they so choose, houses which can be let at reasonable rents, rents fixed by the tribunal.
The hon. and learned Gentleman has just admitted that a reasonable rent might not be a rent fixed by a tribunal and might not be a remunerative rent. In that case, that will not happen.
I am much obliged to the hon. Gentleman. What he and his hon. Friends seek to do by this Clause is to put up houses to be let at what they proudly proclaim are to be unreasonable rents.
Remunerative rents.
They take a pleasure and a pride in it, and this is to be done in the name of freedom. For this purpose labour and materials are going to be diverted from building what is really necessary in this country.
What is the object of it all? We do not need the hon. Member for Wolverhampton, South-West (Mr. Powell) to tell us what it is. It is, of course, the first step towards restoring absolute and complete freedom in the business of letting houses, freedom as understood by the Tory Party, freedom to get the maximum rent one can, to squeeze one's fellow men to the limit because there is a real shortage of houses, to squeeze them in the name and with all the pride of private enterprise, and to take the money out of the sufferings of men, women and children in all parts of the country.
That is what hon. Members call freedom, and it is in that spirit that this Clause has been introduced. No one supposes for a moment that the present higgle-piggle about rents, the mess there is about them, is wholly satisfactory. It is nothing of the sort. We all know that there are hopeless discrepancies between rents of similar houses throughout the country. But this is no way to get out of that mess, unless what one is trying to do is to give to owners and builders of houses the kind of freedom about which I have just been talking.
After all, the Rent Acts have a history. They came in after the 1914–18 war. They went on for the period during the wars and, for good or ill, former Tory Governments recognised that there must be a limit to what is now miscalled freedom in this matter. They recognised that there should be some sort of protection for the tenant, an opportunity of limiting the profits of the landlord and the builder in matters of this sort. It was in recognition of those things that the Rent Acts were introduced, why from time to time they have been modified, and why tribunals were empowered to fix a reasonable rent.
What is happening now? The Tory Party is proceeding from one doctrine to another and, on the way, shedding any idea of protecting anybody in this country from the completely free market, where the longest purse wins. They are deliberately planning to throw overboard the whole Rent Acts structure. Who is to be the judge of when it is to be done? Is it to be the tenant, with his needs, or is it to be the Tory Party? Not a bit of it. It is to be those who are prepared as a matter of free enterprise to build these houses and, having built them, to let them.
We are told that a barrier is being broken down between the houses which can now be built for owner-occupation and those which are to be built under these arrangements and to be let. There is no such barrier. It is quite easy at present for those in the kind of position which the Minister has described to make arrangements which will enable them to rent those houses if they wish. They can borrow money; there are such things as building societies. They can buy the house and pay for it in bits and pieces. Recently, the Minister was negotiating with building societies with a view substantially to reducing even the comparatively small deposit required. I say "comparatively small," having regard to the type of person the Minister described in his speech introducing the Clause.
It is absolutely scandalous that a Clause of this sort should be brought in now, in the name of freedom and for the very limited purpose which is all the Minister cared to put before us in introducing it. It is iniquitous that this attack should be made on two classes of people—first of all, the ordinary tenants throughout the country who are now finding things rather difficult; and, secondly, those who want council houses and suitable accommodation. They are the people for whom we should provide. I challenge any hon. Member opposite to tell me that he knows of any greater need in his constituency than that of the poor men and women who badly need a house. It is to their ill that this special need is being preferred, their disadvantage that the Clause is introduced and to their ultimate ruin that the Tory Party is rapidly proceeding in the name of freedom.
The hon. and learned Member for Kettering (Mr. Mitchison) began with some indignation about the fact that this Clause appears on the Order Paper at this stage. I hope he will look at the next new Clauses on the Order Paper in the name of my right hon. Friend, which originated in Committee upstairs from some back-bench Members opposite. My right hon. Friend saw merit in it, put his name to it—
We have not yet reached that new Clause.
I hope the hon. and learned Member will bear in mind that this new Clause originated in exactly the same way as the next; in the first place, it was put on the Order Paper by back-bench Members on this side of the House. My right hon. Friend saw merit in it and it appears on the Order Paper in exactly the same way as the next new Clause.
At what stage in Committee was this Clause discussed?
It was not discussed in Committee. It was put on the Order Paper by some of my hon. Friends, and then my right hon. Friend added his name to it at this stage. It may not have been precisely in these words but it was to this effect.
Hon. Members opposite can never understand why, when greater freedom is given to builders in the building industry, without making extra demands they can produce greater work with the same labour force. The hon. and learned Member referred to that. I rose to try to catch your eye, Mr. Deputy-Speaker, in order that I might tell the House of something I learned within the last fortnight in my constituency. A builder operating there, not on a vast scale, told me that, from reliable figures which he had taken from his books in a year when the number of houses which could be built by private builders had increased substantially over previous years, he discovered that, with the same labour force, the quantity of work he produced was 30 per cent, more, that his employees—the same number of men—had earned between 20 per cent. and 25 per cent, more money and his customers had paid 6 per cent, less for the work done for them. That was not a bonus scheme; it was with the same ordinary wages arrangements working under conditions in which the flow of work could go more freely. That is what my right hon. Friend will produce by this Clause in the field of building by private enterprise of houses to let.
The houses to which the hon. Member referred were, I imagine, built to purchase. They were speculative building for sale.
They were either built for sale or on contract for private individuals who placed contracts with the builder—probably some of both.
They were not houses for letting. That makes a great deal of difference because the arrangements for speculative building are entirely different from those for building for letting. Someone has to take the responsibility of letting them.
I am afraid that I do not follow the hon. Member because, if one is building the same houses to let or to sell, the same considerations apply. [HON. MEMBERS: "No."] What hon. Members will not realise is that the houses which will be built under the conditions which this Clause will bring about will be houses which otherwise would never have been built at all. That is the important point. I think no one disputes that at this time houses are not being built by private enterprise for people to rent. If under this Clause some houses are built in the future which otherwise would not have been built, surely we have gained something.
I have talked on this subject with my constituents at election time when I have had critical audiences. The one point that I always felt scored against Socialist policy was the state of affairs in which people who can well afford to pay a higher rent are living in council houses and their rents are subsidised by folk who are compelled to live in slum property. Surely if we are to provide a quantity of houses to let which are not council houses and are not subsidised, that provides an opportunity to draw off those people with incomes well above the level of those who should go into council houses and put them into houses where they can afford to pay higher rents.
If hon. Members opposite do not like that, let them go and tell the people well down on the list waiting for council houses. Under these arrangements people who are perhaps only half a dozen above them on the list would be struck off because they could afford to take private houses built to let. They may not confess it, but let hon. Members go and talk particularly to the chairmen of the finance committees of local authorities. Then they will find that if only 10 per cent, or 5 per cent., of the houses built for letting can be built by private enterprise, what a relief that would be to the chairmen of finance committees facing vast housing debts.
9.0 p.m.
Does the hon. Member propose to deal with the point that one can build provided that one lets at reasonable rentals, taking all the circumstances into consideration? Does the hon. Member wish to let at unreasonable rentals?
The hon. Member tells me that I can build. Not only are Conservatives like myself not building houses to let at reasonable or unreasonable rents, but the other half of the country which is Socialist is not doing so.
I am one of those who take the view—it may be that it is not a popular view—that the best form of rent control is a situation in which there are sufficient houses for the tenant to say, "The rent you are asking for this house is too high, and I am going somewhere else where I can get better value." That is the best form of rent control we can have from the point of view of both tenant and landlord. This Clause is a step in that direction, and I welcome it as such.
For the past 25 years or so, like most members of my profession, especially my branch of it, to which I think the hon. Member for Bromsgrove (Mr. Higgs) also belongs, I have had considerable experience, as I dare say he has, of the actual operation, in practice, of the rent Acts and their application to small dwellinghouses for the lower middle class and working class.
I do not think that anyone would disagree with the last part of the speech of the hon. Member for Bromsgrove. If there were, at all given times, enough houses to satisfy the social need that would, of course, be the best safeguard against extravagant, unreal and exorbitant rentals. There has never been any dispute about that; it is not an issue between the two sides of the House, and it never has been. What the hon. Member knows perfectly well is that there has not been, within living memory, and so far as any of us can foresee there will never again be, a situation in which society can freely rely upon an adequate supply of small workingclass dwelling-houses at an economic rent within the capacity of the lower paid sections of the community to pay.
That is precisely why the original Rent Act was adopted by common consent, and why no party, whatever its secret desires may have been, has ever dared until today to attack the principle of rent control.
It was a principle, until the war-time emergency came along, that when houses fell into the possession of the landlord they were de-controlled.
It is quite true that all kinds of attempts were made over a large number of years to introduce a kind of casual or piecemeal decontrol in all sorts of ways, and the result was a disastrous pattern of inconsistency which is still one of the most serious problems—[ Interruption. ] That is a point I was about to come to.
My second point—this is the only speech I have made or shall make on the Bill—is one which my hon. and learned Friend the Member for Kettering (Mr. Mitchison) made just now. The Minister, in moving the Second Reading of the Clause, appeared to me to be completely convinced of its necessity and its value. He spoke apparently with the utmost sincerity and conviction. He invited the Committee to believe—and to believe that he believed—that the result of this new Clause would be to relieve the situation in two most important respects. In one way, because it would encourage people to do what they are not doing, that is to say, to build houses to let, and in the other, because it would encourage other people to proceed with the conversion of houses for letting purposes.
It really is a most remarkable thing—if the right hon. Gentleman really thinks that—that this Clause should be appearing in the Bill at this stage; that he should suddenly have become convinced of this, not as a result of any argument in the Committee upstairs, but because some of his hon. Friends happened one day to put it down on the Order Paper, and the right hon. Gentleman happened to see it, and said, "What a good idea. I will adopt it and put it down on Report." That really is a fantastic proposition.
The right hon. Gentleman never thought of it at all before and he does not really believe now that it will have any of the effects he so plausibly advanced to us. He does not believe it—at least, I do not believe that he believes it. Let us examine what he says to see whether anyone with knowledge of the situation could believe it. Let us take the first of his two points. His first point was that it would encourage people to build houses to let now without altering the law, and let them at any price they wish. There is no controlled rental, no standard rent. There will be no standard rent until after the houses are built and the builder has made a bargain with the first tenant. It is perfectly true that as soon as the builder does that, the rent for which the houses are let becomes the standard rent, and he cannot thereafter raise it. But what hardship is that upon him?
Then the tribunal steps in.
There is no rent tribunal—
Under the 1949 Act.
As I understand the matter, the 1949 Act deals with the conversion point.
No.
So it deals with the new houses as well. I am obliged to the hon. Gentleman.
Section 1.
So the tribunal steps in. My speech will be the shorter, because now my argument about the tribunal will refer both to new and to converted houses, and there will be no need for me to advance a separate argument about them. So the tribunal will step in, if the tenant or the landlord invites it to do so.
Presumably the landlord will not need to invite the tribunal to step in, because he will have agreed with the tenant about what rent he requires, and will not need the assistance of the tribunal to review what he has already agreed. But the tenant may wish the tribunal to step in. The tribunal will then consider—what? It will consider whether the rent which has been agreed between the builder and his first tenant was reasonable, having regard to all the circumstances—to the locality, the cost of building, the ameni- ties, the type of house and everything which is involved. If a fair bargain has been made, the tribunal will not interfere.
Yes.
It will not.
Yes.
Is it the case of the hon. Member for Henley (Mr. Hay) that the tribunal interferes in order to reduce the rent below what would be a reasonable figure?
I think it would be more exact to say that tribunals often have an entirely different idea of what is a reasonable rent.
Hear, hear.
That, of course, is true. But if the hon. Member wishes to intervene, he should not intervene with only half a sentence. He should make at least one complete sentence. He says that the tribunal often has a different idea. Different from what?
Different from the market.
What does the hon. Gentleman mean when he refers to the market? That is just the point. It is here that the two sides of the House divide. The hon. Gentleman is making it very clear. What he and the Minister really want is to allow the builder to fix a rent with the tenant at a figure which he knows no impartial tribunal would support. It must be, because the tribunal is ex hypothesi an impartial body outside which knows the circumstances.
But they are not always impartial.
The hon. Gentleman really should not say that. Of course, if hon. Members opposite are making a general attack upon the members of rent tribunals up and down the country, let them say so openly, squarely and in a proper form, and give the people an opportunity of dealing with whatever criticisms they have to make. It is not the experience of most of us that tribunals are biased in favour of the tenant. Some people would complain that if there was any bias it was the other way.
The essence of the matter is that they are composed of people chosen for their knowledge and experience. They hear both sides. They hear whatever evidence is called and they arrive at what, in their opinion, having no interest in the matter and with some knowledge of it, seems to them to be reasonable having regard to all the circumstances, including the market which the hon. Gentleman himself used as part of his argument.
Why do the Government and their supporters want more than that? Why are they not satisfied? [ Interruption. ] If the hon. Gentleman really sits back and makes the effort, he will be able to follow the connected argument, even though he does not agree with it.
I hope to make a connected argument myself.
We all think that our own arguments are the only connected ones. I think that the hon. Gentleman has followed my argument so far very well and I do not think that he ought to break the connection of it by what he knows is a completely irrelevant interruption.
Once it is admitted that there is a discrepancy between the price which the landlord insists on getting and the price which a tribunal would regard as fair, then it is admitted by the hon. Gentleman that what is wanted is that the landlord or the builder shall be able to screw the last ounce of financial advantage out of the scarcity situation. That has been made completely plain tonight. The arguments of the Minister and his hon. Friends have made it crystal clear that what they are really doing is making a frontal attack upon the whole principle. It is just as well that the country should understand.
9.15 p.m.
When the Amendment in the name of my right hon. Friend first appeared on the Order Paper, I thought that the Opposition would go in at the deep end over it. They have gone in at the deep end. [HON. MEMBERS: "Speak up."] I think I can be heard in all parts of the House.
The closing remarks of the hon. Member for Nelson and Colne (Mr. S. Silverman) have made the Opposition's attitude clear. They see this very limited, reasonable and helpful proposal as a frontal attack on the Rent Acts.
Let me start with the opening proposition of the hon. Member in criticising the speech of my hon. Friend the Member for Bromsgrove (Mr. Higgs). The whole point is that a free market and a sufficient supply of houses is the best form of rent control, as my hon. Friend the Member for Wolverhampton, South-West (Mr. Powell) pointed out. The very fact that there is a sufficient and adequate supply of houses ensures that the rents charged are fair ones. The whole purpose of the Rent Acts was to deal with the artificial situation which came about as a result of the war. There was then a shortage of houses, but there is no shortage today.
Oh!
It is growing larger in every town.
I call attention to the remarks of the right hon. Member for Ebbw Vale (Mr. Bevan) on Second Reading. He said:
"Every Minister who has handled this problem knows that, taking the country as a whole, we are not very far away from the amount of total accommodation which the country requires. I could mention areas like Slough and other parts outside London, where, because of local circumstances, the total accommodation is still well below what is required, but if we take the country as a whole we find that there is a very great deal of under-occupation."—[OFFICIAL REPORT, 30th November, 1953; Vol. 521, c. 826.]
That is precisely the position which the Clause will handle.
This is one of the most extraordinary offences against debate. The hon. Member is trying to put words into my mouth and to suggest that I have said that there are enough houses. There is not a single phrase in the quotation which the hon. Gentleman has read which justifies that suggestion. I said that there was a maldistribution of accommodation, which is not at all the same thing.
I will repeat the words used by the right hon. Gentleman. He said:
"… we are not very far away from the amount of total accommodation which the nation requires."
"Accommodation."
The Clause deals not only with houses, but also with flats. It deals with "accommodation."
This is gross distortion.
I do not consider it to be gross distortion, but the right hon. Gentleman is a master at distortion so I accept it from him.
rose —
I have not time to give way to the hon. and learned Gentleman.
I now come to the main argument to be advanced for the Clause. As a nation, we really cannot go on indefinitely spending vast sums of money every year upon subsidised council house building. [HON. MEMBERS: "Why not?"] Because the taxpayers really cannot afford it. When we look at the total of Government expenditure, we find that a very large proportion is consumed in council house subsidies. It is an absurd effect that the more successful my right hon. Friend's policy is in increasing the output of new houses, the more money the taxpayers have to find for this purpose. Surely hon. Members opposite would like taxes reduced just as much as my hon. Friends and I would.
We cannot continue to provide houses at uneconomic rents—this is admitted by hon. Gentlemen opposite—putting the difference on the shoulders of the taxpayers when the whole thing could be done so very easily by allowing freedom for private enterprise to do the job that it was doing between the wars. In those days private enterprise was building houses to let, and there was almost a sufficiency of houses in 1939. Because of our experience during the First World War, the Government, in 1939, as a measure of prudence, introduced legislation to deal with rents to prevent such a situation recurring. It is that control which is still with us.
What do hon. Members opposite envisage as the future if they do not accept what my right hon. Friend seeks to do in this Clause? They are really saying that rent control over private houses shall continue indefinitely and that there shall always be an artificial limitation on the rent which can be charged for them, but in the case of other houses there shall be no limitation upon the rents and they may be raised to whatever level the local authority, the housing association or the new town development corporation considers necessary. There is to be absolutely no restriction upon the right of these public landlords, as I may call them, to turn the tenant out and—[HON. MEMBERS: "Oh."] It is perfectly true that that is the situation at the moment.
In how many cases does the hon. Gentleman know of local authorities turning their tenants out into the street, as against private landlords, who do it every day?
I wonder how many cases the hon. Member knows of private landlords pushing their tenants out into the street without the intervention of the courts?
The hon. Gentleman knows perfectly well that rent control is going out of existence by degrees, and that, unfortunately, as parents die, their families are given no protection, but are booted out.
The new tenant who then comes in is, of course, given protection. [HON. MEMBERS: "No."] That is the point, and I believe that the importance of this new Clause lies not in any of these arguments to which we have been listening from the other side but in the stimulus which it will give to the private sector of the house-building industry to produce houses, not for sale, but for people who, for one reason or another, want to live in privately-owned but rented houses for which they can afford to pay.
I think it will also have the "byproduct" of reducing the number of those people who, at the moment, are on council housing lists, and I think it will redress the balance by limiting, to some extent, the burden of council house subsidies, because, as we go on building, if we do not allow private enterprise to build without a subsidy—and the Rent Acts situation is the major impediment to that—the taxpayer will have to foot the bill.
For that reason, I hope that, although the new Clause comes somewhat late in the proceedings on this Bill—it is six months since the Bill was introduced—the House will consider that this is a wise move to make, that it will improve housing accommodation and the amount of it, will not create the hardships which have been envisaged on the other side of the House and will do something towards a real solution of Britain's housing problem.
I regret having to intervene now, but we are, unhappily, working under the Guillotine, and we have many other and important matters to discuss. Therefore, it is most unfortunate that that should happen on a matter which has not been discussed before at all, but has been secretively dealt with and inserted on the Order Paper in a manner which was so delightfully outlined by the property owners' own magazine on the way in which they were able to make direct representations to the Minister. It is a beautiful and typical example of the sort of proposal that develops out of those private and secret conversations about which we know nothing, but with which, presumably, hon. Members opposite are fully acquainted.
Here, we have the operation of the Guillotine, and now, unfortunately, we shall have to terminate the discussion, which we should like to continue, on what would appear, on the face of it, to be a relatively innocent proposal, but which is now shown in its true light. The sponsors of the initial proposal in Committee, which was never discussed, are those, or some of those, who, today, have made the most open, vigorous, and blatant attack both upon the rent tribunals and upon the whole system of rent control in this country.
Although the hon. Member for Henley (Mr. Hay) has tried to avoid the suggestion that this proposal embraces such a wide field that it is at least suspicious to all of us on this side of the House, those who have been responsible for the proposal are the very persons who have been arguing in favour of the most widespread changes, the complete abolition of rent control and the destruction of the security of tenure which tenants have had to a very considerable extent over the past few years.
The hon. Member for Wolverhampton, South-West (Mr. Powell) made very clear his complete opposition to rent control in any form. At least, he was logical. We have said that if hon. and right hon. Gentlemen on the Government benches wished to be logical in putting up a case for private enterprise they should press for the complete abolition of rent control and let the market decide. That is what they have had the courage to advocate this evening.
What are we to think of the intentions of the Minister? We cannot have very much faith in the Minister's intention to defend rent control in the future when he is accepting this proposal from his hon. Friends who advocate complete abolition. We must, therefore, look with particular care at the proposals that come to us. We must certainly make it clear in the country that if tenants think they have any protection from the present holder of the office of Minister of Housing and Local Government they had better think again.
This proposal is tantamount to saying to us, "Here is the first instalment of something that we intend to introduce later. We give warning to the public as a whole that we cannot guarantee their future security of tenure or the control of their rents in years to come."
This proposal tears away the hypocritical remarks which we have had from Government supporters when they have attacked our proposals for the take over of property by local authorities. Hon. Members have actually had the impertinence to say that that would take properties out of the control which at present exists. They have said, for example, that if tenants were to move into local authority tenancies they would lose the rent control which they have today. What are hon. Gentlemen opposite now advocating? Complete abolition of that rent control. I do not deny that it is logical, but it at least makes it obvious how utterly hypocritical they were in attacking our proposals.
There is no need for the proposed new Clause. More than one speaker has said that tenants of slum or semi-slum houses object to making a contribution to subsidised rents for those who can perfectly well afford to pay for the rent of a council house. Local authorities have this matter entirely within their own control. Many local authorities, like the London County Council, build houses without subsidy and charge the full economic rent. There is no reason why they should not.
What my right hon. Friend and other hon. Members on this side of the House desire to do is to build up balanced communities that will not be exclusively for the slum-cleared tenant or for that category, now happily out of existence, called "the working-class tenant." We desire to build up balanced communities, but, clearly, that is against the whole frame of mind of Government supporters.
9.30 p.m.
It is clear that this Clause is the initiation of a class policy which is intended to divert materials and labour from the field of greatest need to a field of relatively luxury requirement, which is far less than the need of local authorities to build houses and flats to rent. We might have thought, initially, that this was a fairly innocent proposal, but we have found, from the mouths of hon. Members opposite, that it is a monstrosity. These proposals make clear the future insecurity of every tenant if the Tory Government are allowed to stay in office a single day longer.
I hope that my hon. Friends will take this opportunity of voting against this proposal, which plainly shows the determination of the Government to force through a policy which hon. Members on this side of the House bitterly resent.
I do not wish to detain the House, but I have refrained from speaking on several Amendments and new Clauses, and I regard this as a very important new Clause. One criticism which has some foundation is the one which relates to the timing of the introduction of this Clause. It raises a very fundamental point, and my view is that it would have been fitter—to put it politely—to have dealt with the subject of security of tenure in a separate Bill.
I shall have to eat my own words, because before the Bill went into Committee I had a meeting with the Yorkshire Standing Conference of representatives of Citizens Advice Bureaux to discuss it, and I said that it was not intended to affect security of tenure. I realise that the subject of security of tenure was dealt with to a limited extent in Committee, and I must therefore consider this Clause on its merits. I am well aware that Members of the Opposition do not consider it has any merits. I do not agree with that view, although I cannot associate myself with all the remarks of the hon. Member for Henley (Mr. Hay).
The ultimate objective is not in dispute. There should be a sufficient number of houses to make the Rent Restrictions Acts unnecessary. We all desire to see a state of affairs in which there will be an adequate number of houses of all types, so that landlords will be seeking tenants rather than tenants seeking landlords. We have not yet reached that stage, but if there is to be any decontrol—and in a moment I shall try to show why there should be some—it is much better that the distinction should be between houses built after a specific date, namely, when this Measure comes into force and all existing houses, rather than between houses where there is an existing tenancy and those where, for purely fortuitous reasons, the landlord has obtained vacant possession.
This latter distinction, which applied in the days before the last war, was not a very satisfactory one. It led to piecemeal control and many anomalies. I think that this new method is the best way of dealing with decontrol, but in the case of the old existing houses I should not only maintain control until such time as there were enough houses for everyone, but extend control beyond the present limits. I would extend it not only to the tenant and his wife but to his family—to the daughter, and perhaps even the grand-daughter—so long as control was necessary.
I must not develop that argument, because it would probably be out of order, but so long as the landlord feels that he has a chance of selling if the tenant dies he will be very reluctant to exchange one tenant for another. It is because that situation tends to impede exchanges that I consider that the extension of control of the older houses is necessary. I believe that the housing shortage would be relieved if there were more voluntary exchanges of tenancies.
At present there is very little building of new houses to let or conversion of houses which are too large for one family unit, and something has to be done to encourage the creation of that kind of additional housing accommodation. By freeing new houses and large houses that are converted into separate dwellings, I do not believe that one would be creating that hardship which I quite understand Members of the Opposition fear. I believe that it would tend to encourage, perhaps not to any great extent, houses to let—I am doubtful about that—but it would encourage the division of larger houses into separate dwellings. For that reason I think that the Clause may serve a useful purpose, and that it should be supported.
Question put.
The House divided: Ayes, 276; Noes, 259.
Division No. 65.] AYES [9.35 p.m. Allan, R. A. (Paddington, S.) Galbraith, Rt. Hon. T. D. (Pollok) Mackeson, Brig. Sir Harry Alport, C. J. M. Galbraith, T. G. D. (Hillhead) Mackie, J. H. (Galloway) Amory, Rt. Hon. Heathcoat (Tiverton) Garner-Evans, E. H. Maclean, Fitzroy Anstruther-Gray, Major W. J. George, Rt. Hon. Maj. G. Lloyd Macleod, Rt. Hon. lain (Enfield, W.) Arbuthnot, John Glover, D MacLeod, John (Ross and Cromarty) Assheton, Rt. Hon. R. (Blackburn, W.) Godber, J. B. Macmillan, Rt. Hon. Harold (Bromley) Baldock, Lt.-Cmdr. J. M. Gomme-Duncan, Col. A Macpherscn, Niall (Dumfries) Baldwin, A. E. Gough, C. F. H. Maitland, Comdr. J. F. W. (Horncastle) Banks, Col. C. Gower, H. P. Maitland, Patrick (Lanark) Barber, Anthony Graham, Sir Fergus Manniingham-Buller, Sir R. E. Barlow, Sir John Grimond, J. Markham, Major Sir Frank Baxter, A. B. Grimston, Hon. John (St. Albans) Marlowe, A. A. H, Bell, Philip (Bolton, E.) Grimston, Sir Robert (Westbury) Marples, A. E. Bell, Ronald (Bucks, S.) Hall John (Wycombe) Marshall, Douglas (Bodmin) Bennett, F. M. (Reading, N.) Harden J. R. E. Maude, Angus Bennett, Dr. Reginald (Gosport) Hare, Hon. J. H. Maudling, R. Bennett, William (Woodside) Harris, Frederic (Croydon, N.) Maydon, Lt.-Comdr. S. L. C Bevins, J. R.(Toxteth) Harris, Reader (Heston) Medlicott, Brig. F. Birch, Nigel Harrison, Col. J. H. (Eye) Mellor, Sir John Bishop, F. P. Harvey, Ian (Harrow, E.) Molson, A. H. E. Black, C. W. Harvie-Watt, Sir George Moore, Sir Thomas Boothby, Sir R J. G. Hay, John Morrison, John (Salisbury) Bossom, Sir A. C. Heald, Rt. Hon. Sir Lionel Mott-Radclyffe, C. E Boyd-Carpenter, Rt. Hon. J. A Heath, Edward Nabarro, G. D. N. Boyle, Sir Edward Henderson, John (Cathcart) Neave, Airey Braine, B. R. Higgs, J. M. C. Nicholls, Harma Braithwaite, Sir Gurney Hill, Dr Charles (Luton) Nicholson, Godfrey (Farnham) Bromley-Davenport, Lt.-Col. W H Hill, Mrs E (Wythenshawe) Nicolson, Nigel (Bournemouth, E.) Brooke, Henry (Hampstead) Hinchingbrooke, Viscount Nield, Basil (Chester) Brooman-White, R. C. Hirst, Geoffrey Noble, Comdr A H P Browne, Jack (Govan) Holland-Martin, C. J. Nugent, G R H. Buchan-Hepburn, Rt. Hon. P. G. T. Hollis, M. C. Nutting, Anthony Bullard, D. G. Holt, A. F. Oakshott, H. D Bullus, Wing Commander E. E. Hope, Lord John O'Neill, Hon. Phelim (Co. Antrim, N.) Burden, F. F. A. Hopkinson, Rt. Hon. Henry Orr, Capt. L P S. Butcher, Sir Herbert Hornsby-Smith, Miss M. P. Orr-Ewing Charles Ian (Hendon, N.) Butler, Rt. Hon. R. A. (Saffron Walden) Horobin, I. M. Osborne, C. Campbell, Sir David Horsbrugh, Rt. Hon. Florence Page, R. G. Channon, H. Howard, Gerald (Cambridgeshire) Peake, Rt. Hon. O Clarke, Col. Ralph (East Grinstead) Howard, Hon. Greville (St. Ives) Perkins, Sir Robert Clarke, Brig. Terence (Portsmouth, W.) Hudson, Sir Austin (Lewisham, N.) Peto, Brig. C. H. M. Cole, Norman Hudson, W. R. A. (Hull, N.) Peyton, J. W. W. Colegate, W. A Hulbert, Wing Cdr. N. J. Pickthorn, K. W. M. Cooper, Sqn. Ldr. Albert Hutchison, Sir Ian Clark (E'b'rgh, W.) Pilkington, Capt. R. A Cooper-Key, E. M. Hylton-Foster, H. B. H. Pitman, I. J. Craddock, Beresford (Spelthorne) Iremonger, T. L. Pitt, Miss E. M. Crosthwaite-Eyre, Col. O. E Jenkins, Robert (Dulwich) Powell, J. Enoch Crouch, R. F. Jennings, Sir Roland Price, Henry (Lewisham, W.) Crowder, Petre (Ruislip—Northwood) Johnson, Eric (Blackley) Prior-Palmer, Brig. O. L. Darling Sir William (Edinburgh, S.) Johnson, Howard (Kemptown) Raikes, Sir Victor Davidson, Viscountess Jones, A. (Hall Green) Ramsden, J. E. Deedes, W. F. Joynson-Hicks, Hon. L. W. Rayner, Brig. R. Digby, S. Wingfield Kerby, Capt. H. B. Redmayne, M. Dodds-Parker, A. D. Kerr, H. W. Rees-Davies. W. R Donaldson, Cmdr. C. E, McA Lambert, Hon. G. Remnant, Hon. P. Doughty, C. J. A. Lambton, Viscount Renton, D. L. M. Douglas-Hamilton, Lord Malcolm Lancaster, Col. C. G Ridsdale, J. E. Drewe, Sir C. Langford-Holt, J. A. Roberts, Peter (Heeley) Dugdale, Rt. Hon. Sir T. (Richmond) Leather, E. H. C. Robertson, Sir David Duncan, Capt. J. A. L. Legge-Bourke, Maj. E. A. H. Robinson, Roland (Blackpool, S.) Duthie, W. S. Legh, Hon. Peter (Petersfield) Rodgers, John (Sevenoaks) Eccles, Rt. Hon. Sir D. M Lennox-Boyd, Rt. Hon. A. T. Roper, Sir Harold Eden, Rt. Hon. A. Lindsay, Martin Ropner, Col. Sir Leonard Eden, J. B. (Bournemouth, West) Linstead, Sir H. N. Russell, R S. Elliot, Rt. Hon. W. E. Llewellyn, D. T. Ryder, Capt. R. E. D. Erroll, F. J Lloyd, Maj. Sir Guy (Renfrew, E.) Schofield, Lt.-Col. W Fell, A. Lloyd, Rt. Hon. Selwyn (Wirral) Scott, R. Donald Finlay, Graeme Lockwood, Lt.-Col. J. C. Scott-Miller, Comdr. R. Fisher, Nigel Low, A. R. W. Shepherd, William Fleetwood-Hesketh, R. F Lucas, Sir Jocelyn (Portsmouth, S.) Simon, J. E. S. (Middlesbrough, W.) Fletcher-Cooke, C. Lucas, P. B. (Brentford) Smithers, Sir Waldron (Orpington) Ford, Mrs. Patricia Lucas-Tooth, Sir Hugh Smyth, Brig. J. G. (Norwood) Fort, R. Lyttelton, Rt. Hon. O. Snadden, W McN Foster, John McAdden, S. J. Soames, Capt. C. Fraser, Hon. Hugh (Stone) McCallum, Major D. Spearman, A. C. M Fraser, Sir Ian (Morecambe & Lonsdale) McCorquodale, Rt. Hon M. S Speir, R. M. Fyfe, Rt. Hon. Sir David Maxwell Macdonald, Sir Peter Spens, Rt. Hon. Sir P. (Kensington, S.) Stanley, Capt. Hon. Richard Thompson, Kenneth (Walton) Ward, Hon. George (Worcester) Stevens, G. P. Thompson, Lt.-Cdr. R. (Croydon, W.) Ward, Miss I. (Tynemouth) Steward, W. A. (Woolwich, W.) Thorneycroft, Rt. Hn. Peter (Monmouth) Waterhouse, Capt. Rt. Hon. C. Stoddart-Scott, Col. M. Thornton-Kemsley, Col. C. N. Watkinson, H. A. Storey, S. Tilney, John Webbe, Sir H. (London & Westminster) Strauss, Henry (Norwich, S.) Turner, H. F. L. Wellwood, W. Stuart, Rt. Hon. James (Moray) Turton, R. H. Williams, Rt. Hon. Charles (Torquay) Studholme, H. G. Tweedsmuir, Lady Williams, Sir Herbert (Croydon, E.) Summers, G. S. Vane, W. M. F. Williams, Paul (Sunderland, S.) Sutcliffe, Sir Harold Vaughan-Morgan, J. K. Williams, R. Dudley (Exeter) Taylor, Sir Charles (Eastbourne) Vosper, D. F. Wills, G. Taylor, William (Bradford, N.) Wade, D. W. Wilson, Geoffrey (Truro) Teeling, W. Wakefield, Edward (Derbyshire, W.) Wood, Hon. R. Thomas, Rt. Hon. J. P. L. (Hereford) Wakefield, Sir Wavell (St. Marylebone) Thomas, Leslie (Canterbury) Walker-Smith, D. C. TELLERS FOR THE AYES: Thomas, P. J. M. (Conway) Wall, P. H. B. Major Conant and Mr. Kaberry.
NOES Acland, Sir Richard Edwards, W. J. (Stepney) Lindgren, G. S. Adams, Richard Evans, Albert (Islington, S.W.) Lipton, Lt.-Col. M. Albu, A. H. Evans, Edward (Lowestoft) Logan, D. G. Allen, Arthur (Bosworth) Evans, Stanley (Wednesbury) MacColl, J. E. Allen, Scholefield (Crewe) Fernyhough, E. McGhee, H. G. Anderson, Frank (Whitehaven) Fienburgh, W. McGovern, J. Attlee, Rt. Hon. C. R. Finch, H. J. Mclnnes, J. Awbery, S. S. Follick, M McKay, John (Wallsend) Bacon, Miss Alice Foot, M. M McLeavy, F. Baird, J. Forman, J. C. MacMillan, M. K. (Western Isles) Balfour, A. Fraser, Thomas (Hamilton) McNeil, Rt. Hon. H. Barnes, Rt. Hon. A. J. Freeman, John (Watford) MacPherson, Malcolm (Stirling) Bartley, P. Freeman, Peter (Newport) Mainwaring, W. H. Bellenger, Rt. Hon. F. J. Gibson, C. W. Mallalieu, E. L. (Brigg) Benn, Hon. Wedgwood Gooch, E. G. Mallalieu, J. P. W. (Huddersfield, E.) Benson, G. Greenwood, Anthony (Rossendale) Marquand, Rt. Hon. H. A. Beswick, F. Grey, C. F. Mason, Roy Bevan, Rt. Hon. A. (Ebbw Vale) Griffiths, David (Rother Valley) Mayhew, C. P. Bing, G. H. C. Griffiths, Rt. Hon. James (Llanelly) Mellish, R. J. Blackburn, F Griffiths, William (Exchange) Messer, Sir F. Blenkinsop, A Hall, Rt. Hon. Glenvil (Colne Valley) Mikardo, Ian Blyton, W. R. Hall, John T. (Gateshead, W.) Mitchison, G. R. Boardman, H. Hamilton, W. W. Monslow, W. Bottomley, Rt. Hon. A. G Hannan, W. Moody, A S. Bowden, H. W. Hardy, E. A. Morgan, Dr. H. B. W Bowles, F. G. Hargreaves, A. Morley, R. Braddock, Mrs. Elizabeth Harrison, J. (Nottingham, E.) Morris, Percy (Swansea, W.) Brockway, A. F. Hastings, S. Morrison, Rt. Hon. H. (Lewisham, S.) Brook, Dryden (Halifax) Hayman, F. H. Mort, D. L. Broughton, Dr. A. D. D Healey. Denis (Leeds, S.E.) Moyle, A. Brown, Rt. Hon. George (Belper) Henderson, Rt. Hon. A. (Rowley Regis) Mulley, F. W. Brown, Thomas (lnce) Herbison, Miss M. Murray, J. D. Burton, Miss F. E. Hobson, C. R. Nally, W. Butler, Herbert (Hackney, S.) Holman, P. Neal, Harold (Bolsover) Callaghan, L. J. Holmes, Horace Noel-Baker Rt. Hon P. J Carmichael, J. Houghton, Douglas O'Brien, T. Castle, Mrs. B. A. Hoy, J. H. Oliver, G. H. Champion, A. J. Hudson, James (Ealing, N.) Orbach, M. Chapman, W D Hughes, Cledwyn (Anglesey) Oswald, T. Chetwynd, G. R Hughes, Emrys (S. Ayrshire) Padley, W. E. Clunie, J. Hughes, Hector (Aberdeen, N.) Paget, R. T. Coldrick, W Hynd, H. (Accrington) Paling, Rt. Hon. W. (Dearne Valley) Collick, P. H Hynd, J. B. (Attercliffe) Paling, Will T, (Dewsbury) Corbet, Mrs. Freda Irvine, A. J. (Edge Hill) Palmer, A. M. F. Cove, W. G. Irving, W. J. (Wood Green) Pannell, Charles Craddock, George (Bradford, S.) Isaacs, Rt. Hon. G. A. Pargiter, G. A. Crosland, C. A. R. Janner, B. Parker, J. Crossman, R. H. S. Jay, Rt. Hon. D. P. T. Parkin, B. T. Cullen, Mrs. A. Jeger, George (Goole) Peart, T. F. Daines, P. Jeger, Mrs. Lena Plummer, Sir Leslie Dalton, Rt. Hon. H. Jenkins, R. H. (Stechford) Popplewell, E. Darling, George (Hillsborough) Johnson, James (Rugby) Porter, G. Davies, Ernest (Enfield, E.) Johnston, Douglas (Paisley) Price, J. T. (Westhoughton) Davies, Harold (Leek) Jones, David (Hartlepool) Price, Philips (Gloucestershire, W.) de Freitas, Geoffrey Jones, Frederick Elwyn (West Ham, S.) Proctor, W. T. Deer, G. Jones, Jack (Rotherham) Pryde, D. J. Delargy, H. J. Jones, T. W. (Merioneth) Pursey, Cmdr. H. Dodds, N. N. Keenan, W. Rankin, John Donnelly, D. L. Kenyon, C. Reeves, J. Driberg, T. E. N. Key, Rt. Hon. C. W. Reid, Thomas (Swindon) Dugdale, Rt. Hon. John (W. Bromwich) King, Dr. H. M. Reid, William (Camlachie) Ede, Rt. Hon. J. C. Lee, Frederick (Newton) Robens, Rt. Hon. A. Edelman, M. Lee, Miss Jennie (Cannock) Roberts, Albert (Normanton) Edwards, Rt. Hon. John (Brighouse) Lever, Harold (Cheetham) Roberts, Goronwy (Caernarvon) Edwards, Rt. Hon. Ness (Caerphilly) Lever, Leslie (Ardwick) Robinson, Kenneth (St. Pancras, N.) Rogers, George (Kensington, N.) Sylvester, G. O. Wheeldon, W. E. Ross, William Taylor, Bernard (Mansfield) White, Mrs. Eirene (E. Flint) Royle, C. Taylor, John (West Lothian) White, Henry (Derbyshire, N.E.) Shackleton, E A A. Taylor, Rt. Hon. Robert (Morpeth) Whiteley, Rt. Hon. W. Short, E. W. Thomas, Iorwerth (Rhondda, W.) Wigg, George Shurmer, P. L. E. Thomas, Ivor Owen (Wrekin) Wilcock, Group Capt. C. A. B. Silverman, Julius (Erdington) Thomson, George (Dundee, E.) Willey, F. T. Silverman, Sydney (Nelson) Thornton, E. Williams, David (Neath) Simmons, C. J. (Brierley Hill) Timmons, J. Williams, Rev. Llywelyn (Abertillery) Skeffington, A. M. Tomney, F. Williams, Ronald (Wigan) Slater, J. (Durham, Sedgsfield) Turner-Samuels, M. Williams, Rt. Hon. Thomas (Don V'll' y) Smith, Ellis (Stoke, S.) Ungoed-Thomas, Sir Lynn Williams, W, R. (Droylsden) Smith, Norman (Nottingham, S.) Usborne, H. C. Williams, W. T. (Hammersmith, S.) Snow, J. W. Viant, S. P. Wilson, Rt. Hon. Harold (Huyton) Sorensen, R. W. Wallace, H. W. Winterbottom, Ian (Nottingham, C.) Soskice, Rt. Hon. Sir Frank Warbey, W. N. Winterbottom, Richard (Brightside) Sparks, J. A. Watkins, T. E. Woodburn, Rt. Hon. A. Steele, T. Webb, Rt. Hon. M. (Bradford, C.) Wyatt, W. L. Stewart, Michael (Fulham, E.) Weitzman, D. Yates, V. F. Strauss, Rt. Hon. George (Vauxhall) Wells, Percy (Faversham) Younger, Rt. Hon. K. Stross, Dr. Barnett Wells, William (Walsall) Summerskill, Rt. Hon. E. West, D. G. TELLERS FOR THE NOES: Mr. Pearson and Mr. Wilkins.
Clause read a Second time and added to the Bill.
New Clause.—(POSSESSION WITHOUT ALTERNATIVE ACCOMMODATION NOT TO BE ORDERED ON PRODUCTION OF AGRICULTURAL CERTIFICATE.)
Brought up, and read the First time.
9.45 p.m.
I beg to move, "That the Clause be read a Second time."
I hope I shall not incur the wrath of the hon. and learned Gentleman opposite for having introduced at so late a stage a conception perhaps rather alien to the general tenor of the Bill. But, as in the previous new Clause, so in this one, I built upon some points raised in Committee.
I think that there is a general feeling today that the powers which are referred to in the paragraph for possession without alternative accommodation are, in this particular instance, really no longer wholly justified. It is quite true that under successive Governments these powers—which, for convenience, we call the (g) (ii) powers, as opposed to the others which we are not touching—have run on now for many years. Ever since 1945, right through 1950, 1951—right to the present time—these powers have continued. They allowed a farmer to engage a new worker by a process which, I think, is now no longer necessary. That process was the taking of a house occupied by someone else in the village, or on the farm or near to the farm, and applying to the agricultural committee for a certificate to be given. I am not talking at all about the (g) (i) powers, which is another subject altogether.
This is of comparatively small importance, and perhaps it will give the House an idea of the extent to which it has been used if I give the figures in previous years. In 1947, there were 2,255 applications and of those 1,134 were granted. There were 1,958 applications in 1948, and just under 1,000 were granted, and, in 1949, of 1,580 applications, 869 were granted. The others were either withdrawn or refused. Now we have got to the year 1953, where only 718 applications were made and only 408 were granted.
Although I see the importance which this has been to the agricultural industry, and I see that we are perhaps asking them to surrender a right which in special cases may have considerable importance, I hope that the House will feel that it would be a gesture which would be well understood and that it would be a good thing to relinquish it. For it cannot, if it only operates at that rate, be very important to the general productivity of agriculture as a whole. I hope, therefore, that both sides of the House will agree with the principle that we should bring this war-time and immediate postwar-time power to an end.
The Minister was going a bit far when he attempted to compare this new Clause with the last one. Our complaint was that the last one was not discussed at any time in Committee, whereas this was discussed upstairs and we were very pleased that the Minister gave the assurance that he would put down a Clause like this for this stage. The Agricultural Workers' Union and the Transport and General Workers' Union have been agitating against these certificates and this procedure for a long time. I am grateful to the Minister for yielding to them at this stage and for doing what we consider right. We welcome his Clause and are glad that he has moved it.
I welcome this new Clause. I have never been very fond of the cottage certificate procedure, whereby a farmer could purchase a house which is not a tied one and get possession of it if he could obtain from the county agricultural executive committee a certificate to say that it was necessary for the working of his holding.
I admit that the committee had to consider the matter carefully and that the court also had to be satisfied about it. All the same, I feel that in the present circumstances this Clause is a wise one. As a past member of a county agricultural executive committee I have had to consider these applications, and I never found it a good position to be in to have to arbitrate between one person and another. Therefore, I was pleased when this Clause was put on the Order Paper.
The Government are doing something here which is made possible by the achievements of my right hon. Friend in the house-building world. Without those I do not think it would have been possible to do this—indeed the Opposition, when they were the Government, found it impossible for this very reason. Therefore, my right hon. Friend is to be congratulated on having brought about this considerable change.
But did not the figures quoted by the Minister point to a different position having arisen?
They pointed to the position being very much better now than it was a year or two ago. I do not want to get on to the Amendment while we are dealing with the Clause, but I would have preferred, if it had been possible, for this to be done by stages because this is a good change but it is a considerable one.
I want to make one reservation about cottages which are not in the village, but situated out on the farm. I made this point in Committee and I want to repeat it because I have put my name to the Amendment. Generally speaking, I believe the greater number of houses will be covered by the Clause rather than by the Amendment and I have pleasure in giving the Clause my support.
I would not like this new Clause to go through without saying a word or two about it. I am glad that the new Clause suggested by my hon. Friends in Committee proved such an attraction to the Minister as to result in having before us tonight a Clause which embodies the principle espoused by my hon. Friends when the matter was before the Committee.
I am convinced that the adoption of the principle embodied in the Clause—the end of the cottage certificate—will do no harm to the farmer whatsoever, and will give immense satisfaction to the farm workers of this country.
The hon. Member for Norfolk, Southwest (Mr. Bullard) said that he had experience of dealing with applications for cottage certificates while he was a member of an agricultural executive committee. So did I, and it was about the worst job I undertook during the whole of the war period. It is all very well for the hon. Gentleman to say that the position in regard to housing today has made this matter redundant. The principle of applying for cottage certificates was not only open to abuse, but was, in fact, abused to an enormous extent.
I could give the House some terrible examples of such abuse. I remember one case where a farmer applied to an agricultural executive committee for a certificate in respect of a cottage seven miles from his farm. He said he wanted it for the proper cultivation of the farm, but within two months that cottage was offered for sale by public auction.
I am very glad that the Minister has made up his mind that agriculture has no case to be favoured more than any other industry in this connection. I am also glad that he has given the House figures which show that not only should agriculture not be favoured in this respect, but that the number of applications is definitely on the decline.
I note that hon. Members opposite have not ventured to move their Amendment to the new Clause. It would be a very interesting situation to see Conservative hon. Members voting on an Amendment against a Clause put down by their own Minister, and I would have liked to have heard that debate. However, I am very grateful to the Minister for the line he has taken.
Question put, and agreed to.
Clause read a Second time.
I beg to move, as an Amendment to the proposed Clause, at the end, to add:
That was the general principle, and we still feel that a case is made out for ending this procedure, first, because the use of it is declining, secondly, because where a cottage does not exist one can build one nowadays with greater freedom, and thirdly, because most farmers have acquired the cottages they need.
10.0 p.m.
Great concern has been expressed about the effect of this proposal upon some limited part of the field. The National Farmers' Union and other associations concerned with the management of country properties and farms and in running the agricultural industry are concerned about the effect on certain classes of case. For anyone bred and brought up in the country it is easy to say which cottage goes with a farm and has always been regarded as going with a farm. It is not so easy to define that cottage statutorily.
Everybody agrees with the new Clause in the type of case which has been mentioned where a farmer seeks to annex and attach to his farm a cottage which has never been regarded as going with the farm, but it sometimes happens—and those of us with experience of the law know it—that a cottage which has always belonged to a farm and has been regarded as going with the farm and as part of the equipment of the farm, gets into the occupation of a tenant who does not work on the farm.
This is particularly so in agricultural districts which are near to industrial areas. Hon. Members who know those districts will recognise the sort of case which I am describing and which I have met so often where a man, particularly in times of shortage, will secure the tenancy of a cottage on a farm by saying that he will work there but, subsequently, having worked on the farm for a time, leaves to work in industry. In some cases it is possible to evict him when he leaves his employment, but sometimes it is not.
Where a cottage belongs to a farm, where a countryman would say that it belonged to the farm and has gone with the farm in the past, and where it gets out of connection with the farm, I feel that the farming world has some case which ought to be considered.
Will the hon. Member agree that it is open to the farmer to take the usual line and apply to the court?
In some circumstances it may be, but there are occasions on which a cottage on a farm may get into the occupation of a protected tenant who is not for the time being working on the farm.
The farmer can always go to court.
Sometimes he can, sometimes he cannot. In the case where he cannot, we feel that this matter ought to be explored. I cannot speak with firsthand knowledge of the agricultural world, as can the hon. Member for Norfolk, North and some of my hon. Friends. I have experience of this matter as a solicitor and I can see that the case ought to be examined.
I hope that some of those with firsthand experience will speak on the Amendment and that the Minister will carefully consider it. It may not be correctly drafted, but I hope that, before the Bill has completed its passage through the House, and while conceding the general principle on which we are all agreed, the Minister will agree that there may be a narrow field in which an exception ought to be made and will see whether it could not be most conveniently and easily made somehow along the lines of the Amendment.
I beg to second the Amendment.
Those who are supporting the Amendment are in no way opposed to the principle of the new Clause. All it means, as my hon. Friend the Member for Norfolk, South-West (Mr. Bullard) said, is that we prefer to see this done by instalments. We feel that the Amendment would at least provide against the position which has been mentioned and would mean that the provisions could be introduced gradually and possibly without inconvenience to the farmers concerned.
I hope that the Minister will intervene soon, because we want to know whether he is to make a most alarming surrender to the pressure of the "Farmer and Stockbreeder," the National Farmers' Union and the Country Landowners' Association. I see that the "Farmer and Stockbreeder "says" Someone has Blundered" and goes on:
"Unlike the Light Brigade, Ministers of the Crown, and their subordinates are expected not only to do and die but also to reason why. In both respects Mr. Harold Macmillan, the Minister of Housing and Local Government, and his Parliamentary Secretary, Mr. Ernest Marples, seamed to have lamentably failed. The kindest interpretation is that they blundered."
I hope that the Minister will make his attitude quite clear when the "Farmer and Stockbreeder" and the Country Landowners' Association attack him like that. Obviously, they have been behind the Amendment and I am sure that he would not like to be left in this embarrassing position.
I am glad that I did not get up too soon, for I would have prevented the hon. Member for Lincoln (Mr. de Freitas) from making his carefully prepared joke, which he must have rehearsed during most of the day.
The position is a very simple one, although, as I frankly admit, there are difficulties such as have been pointed out by my hon. Friends who moved and seconded the Amendment. If we were operating in a large field, if, for instance, we had 12,000, or 10,000, or even 5,000 cases a year, I think there would be a great deal to be said for narrowing the field rather than proceeding by instalments, as has been suggested. Although the abuse—I think the hon. Member for Norfolk, North (Mr. Gooch) called it a wicked abuse, a wrongful thing—
Abuse.
Abuse anyway—against which the hon. Member says that he and his hon. Friends have protested has lasted through the six or seven years of Utopia and through various housing Acts introduced by hon. Members opposite, no one made the slightest effort to remedy it.
I will give the right hon. Gentleman full marks; I told him so.
I will take some of the good marks as I do not often get them and put them as black marks, where they deserve to be.
For a variety of reasons—partly because of the great increase in building in the rural areas, partly because of the freedom to build instead of nonsensical ratios and the rest which prevented anyone getting on at all—for a variety of reasons for which I am grateful, this problem is not now so pressing as it was. I think that is generally accepted. At the same time, there are cases—serious cases, one knows from one's own knowledge—where, for one reason or another, a cottage which ought to belong to a farm becomes separated from the farm. It sometimes becomes separated by sale. That is one of the most serious results of the break-up of landed estates. The people who buy those properties because of heavy taxation exploit them to the full, particularly in areas near London and other great cities.
Sometimes these cottages are bought for residence and sometimes for weekend cottages. Sometimes it is a serious problem, although it is not so serious now that we can build so freely and now that much more building has been done by the rural districts. I think that the rural districts have played a big rôle and have done wonderful work in the housing field. They have done extraordinarily well considering their resources.
For all those reasons, I am glad to think that this problem, which could not be grasped during the beneficent rule of hon. Members opposite, can now be grasped quite firmly by us in this Bill. For that reason, I accepted the principle of the Amendment in the names of hon. Members on both sides of the Committee.
Now I come to the question of how, in view of those difficulties, which we ought to bear in mind, we can narrow the field a little and take a more cautious step. I have thought about that. I must frankly say that I do not think the precise words of the Amendment would cover what my hon. Friends have in mind, for reasons into which I need not enter. One need not go into details of whether words are correct or not; if one wants to do something appropriate words can no doubt be found.
I fully recognise the importance of agriculture not losing any cottage which really belongs to the farm and which is necessary for production on the farm. I quite see the spirit and the reasons why hon. Friends of mine, and, indeed, colleagues of mine—for the Minister of Agriculture and I have been in close touch—have made representations to me about the making of this decision. Considering that now we have got down to about only 400 cases a year, and perhaps this number would be reduced, if we tried to cover it in this way, to about 100, I suggest it is hardly worth while, in order to remedy so small an evil, to leave on our Statute Book so grave an offence. That is something which should not be done unless it is clearly necessary in the national interests for agricultural purposes.
I hope that my hon. Friends will feel that now we have gained so much ground in general housing and now there is such a small part of the problem remaining which could be dealt with, even under such an Amendment as this, it would be better to make a clean decision. It is better to stick to the principle and say, once and for all, that this method of acquisition, necessary as it may have been in the grave conditions which faced the nation, which was short of food and required every possible impetus to its production, is no longer necessary, and that we can all take pleasure in being able to do without it. I hope that my hon. Friends will not press their Amendment.
I am grateful for the careful consideration which my right hon. Friend has given to this point, although we have not persuaded him. I beg to ask leave to withdraw the Amendment.
Amendment to the proposed Clause, by leave, withdrawn.
Clause added to the Bill.
New Clause.—(AMENDMENT OF THE ACT OF 1920.)
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
The effect of this Clause would be to make Section 3 (2) of the 1920 Act read as follows:
There is a small point here. In many cases one week's notice often becomes two because if one week's clear notice is not served in time for a Monday the actual notice becomes two weeks, with consequent loss to the landlord. This affects two classes of landlord. One class consists of people who own one house and are not very well up in the question of management of property and who may forget about the week's notice being necessary. At the other extreme are the agents who manage large blocks of property, and who are confronted with a large amount of work at the beginning of the normal rate year. In both cases it is an onerous job and we seek to afford relief by means of this Amendment.
10.15 p.m.
I wish to point out that there is no question of a landlord making anything out of this. In fact, he has to pay the rates willy-nilly whether he serves a notice or not. All we are asking is that the landlord shall be allowed to recover from the tenant what is his statutory right to recover, without one week's clear notice, that is, the amount he must pay to the local authority for the rates on the premises.
I do not believe that any tenant will object. From my experience, where there are good tenants and good landlords a happy relationship exists, and the tenant knows that the landlord is only passing on what he himself has to pay to the local authority. I hope the Minister will be able to accept this new Clause and that the House will support it if only in the cause of fair and just relations between the landlord and tenant.
I beg to second the Motion.
This is a technical point. The Clause would result in the right of recovery, which the landlord already has under the 1920 Act, operating from the day when the rate is changed. At present, when the rate is changed, if there is an increase, the landlord is entitled to serve a notice at once, but he must wait at least a week before the actual right of recovery accrues. The purpose of this Clause would be to ensure that when the rate goes up the tenant pays—as was obviously the intention of the 1920 Act which we seek to amend—from the day when the new rate is made.
As my hon. Friend has said, in practice this has caused a great deal of trouble and some friction. We do not seek to give anything extra to the landlord, because the right is there for the increase to be made after the rate rises. I therefore hope that the proposed new Clause will be acceptable.
What amazing tenderness towards landlords! This is a very small point indeed. For 34 years the landlords have been giving a week's notice to the tenants on this matter and with all due respect to the hon. Member for Henley (Mr. Hay) it is really rather nonsense to say that that was not the intention of the Act. The usual notice in every other case in the same Section is four weeks and there is a specific provision with regard to the rates that there shall be one week's notice.
This is not an attempt to get rid of the necessity to give a week's notice. It deals with the other part of the Section, namely, the right of recovery. That is the point. There is no intention and this will not, in fact, disturb the necessity to give notice. It will merely ensure that one week's rates will be recovered.
I can only take what is stated. I may have misconstrued it.
We ought not to have this sort of thing introduced after that long lapse of time. I should have thought that the tenant was entitled to his notice now just as much as he was entitled to it in 1920. I cannot believe that there has been any injustice to landlords going on ever since 1920 in this matter, and I do not believe that there is injustice now. If they have stood it for that period of time they can stand it for a little longer.
As for good relations between landlord and tenant, we are not so much concerned in this Bill with relations between the good landlord and the good tenant as we are with landlords who may not be so good.
I never thought that I should live to see the day when the hon. and learned Gentleman the Member for Kettering (Mr. Mitchison), of all people, was rebuking my right hon. Friend for speaking for too long. It was a question of one old Etonian rebuking another, or Satan rebuking sin. My right hon. Friend has been quite short in his contributions to the debate on the Report stage.
The purpose of the Clause is to enable a landlord to recover from his tenant by way of an increase in rent an amount equal to any increase in the rates for the time being payable by the landlord. I agree with my hon. Friend the Member for Bedfordshire, South (Mr. Cole) that the landlord in this case stood to gain nothing at all, because he was merely trying to recover from the tenant money which he himself was forced to pay to the local authority by way of rates. The amount of money he paid by way of rates was on the property the possession of which was enjoyed by the tenant.
Under the Act of 1920 which said that one week's notice was required, that really meant that the landlord was always one week behind in the collection of the rates. The point was that one week's notice had to be given and the landlord was always one week's notice, in theory and more in fact, behind in the collection of rates. I disagree with the hon. and learned Member for Kettering slightly because, although in law it is one week, in practice it is sometimes very much more than one week. For example, if the demand notes come in late—and sometimes they do—it may mean that the landlord can be four, five or six weeks behind in the collection of his rates.
It is not only one week's rates that the landlord pays and does not recover; it may sometimes be more. The same thing would happen if there were a conversion or an improvement and there had to be a re-assessment of the valuation.
Is not it also right to say that the landlord has no automatic right to demand an increase until he has received the rate demand?
Until he has given the notice, and he cannot do that until he knows what the rate demand will be.
During the course of the Bill, my right hon. Friend has resisted minor Amendments to the Rent Acts. There are many minor Amendments which may be justifiable in themselves but which frankly the Bill is not intended to remedy. The only Amendments to the Rent Acts which have been conceded are those which are of major importance.
I must say that my right hon. Friend thinks that this new Clause is of minor importance. It is certainly something which ought to be looked at if there is a modification of the Rent Acts, but the Bill is mostly concerned with repairs to property and it is not really the proper vehicle for introducing a reform of this sort. If a reform of this minor character were introduced, it would open the gates to all sorts of Amendments which would be inappropriate. I hope that my hon. Friend will withdraw the Motion, though I must say that I have sympathy with the landlord.
Of course the hon. Gentleman has.
Let me give the reason. He is called upon to pay six or seven weeks' rates and cannot recover them from the tenant who has enjoyed the occupation of the property during that time. The proposal is not that the landlord shall receive anything by way of rent or repairs. It is merely that a landlord who pays the rates on a property out of his own pocket shall get back from the tenant the increase in rates. I do not believe that even hon. Members opposite will think that that is unjust.
I have given the reasons why my right hon. Friend would not like to accept the proposed Clause, although he thinks that it concerns a matter which should be brought forward and can properly be brought forward and argued when any modification of the Rents Acts is brought about. I hope that my right hon. Friend will not press his Amendment.
I would point out that in some parts of the Bill there are references to the Act of 1920, particularly Section 40. I am grateful to my hon. Friend for his expressions of support for the principle in the proposed new Clause, and I beg to ask leave to withdraw the Motion and Clause.
Motion and Clause, by leave, withdrawn.
New Clause.—(CONTINUANCE OF REPAIRS INCREASE SUBJECT TO DECLARATION OF EXPENDITURE ON REPAIRS.)
(1) Subject to the provisions of this section any repairs increase shall cease to have effect at the expiration of five years, except as provided in section twenty-four of this Act, from the date upon which the notice of increase has been served upon the tenant in accordance with section twenty-three of this Act.
(2) The landlord may at any time before the expiry of the aforesaid five years but in any case not earlier than four and a half years after the date of service of the notice of increase make a declaration supported by evidence to the local authority that he has in fact expended the amount of such repairs increase in repairs and maintenance of the dwelling.
(3) The local authority, if satisfied that the repairs increase has been so spent and that the dwelling is in good repair, shall certify accordingly and such certificate shall be valid for a period of five years.
(4) The landlord may at any time after four and a half years from the date of the issue of the aforesaid certificate apply for a renewal by making a declaration supported by evidence that the repairs increase has continuously been spent up repair and maintenance, after which the local authority, if satisfied that the repairs increase has been so spent and that the dwelling is in good repair, shall renew the certificate for a period of five years.
(5) At the expiration of any certificate renewed under subsection (4) of this section, the local authority shall again renew it for five yearly periods thereafter upon the same conditions.
(6) So long as a certificate under the foregoing subsections is in force and subject to the provisions of section twenty-four of this Act, the landlord shall be entitled to the repairs increase.—[ Mr. Sparks. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
I have not much time to deal with the main import of the proposed Clause. My hon. Friends and I regard it as one of the most important to be brought up during these debates.
Part II of the Bill provides for increased rents to be paid to landlords on condition that they meet certain requirements in the initial stages of the increase. Clause 21 lays down the procedure under which repairs increases are granted. Initially, a landlord has to meet those conditions and has to indicate that he has spent certain sums of money in previous years, and the house has to be in a good state of repair. Having met those qualifications and then being entitled to the increase in the rent, the landlord is thereafter under no obligation whatever to spend another penny of the increase on repairs.
The right hon. Gentleman will undoubtedly draw attention to Clause 24 and base his case against the proposed Clause upon what is said there. Clause 24 follows very closely the provisions of the Rent and Mortgage Interest Act, 1920, which lays down almost precisely the same form of procedure for dealing with failure on the part of landlords to maintain their properties in a good state of repair. In the 1920 Act, in creases of rent were permitted to the extent of 25 per cent, on account of repairs which landlords were expected to carry out—
It being Half-past Ten o'Clock, further consideration of the Bill, as amended, stood adjourned.
Bill, as amended (in the Standing Committee and on Re-committal), to be further considered Tomorrow.
Statutory Instruments (Procedure)
10.30 p.m.
I beg to move:
The chief recommendation which that Committee made is embodied in this Motion. To be quite frank with the House, it is not in the least in accord with the evidence that I gave to the Committee. I suggested quite another way of dealing with it. On the other hand, I recognise that what is proposed is, in the opinion of myself and the majority of hon. Members—I have been at some pains to take soundings in all quarters—a good suggestion that ought to be tried out.
The House will realise that I am not moving a new Standing Order. This is merely a Sessional Order. Therefore, we can experiment during the rest of this Session to see whether it answers the purpose. If it does, it will be open to the House, in the next Session of Parliament, to decide whether or not it wishes to have this Order once again. We shall see how we get along between now and the end of the Session. It is merely an experimental proposal.
On the face of it it is clear that the Motion merely says with regard to Prayers—if I may use a general term which covers technically a number of similar Motions—that they shall not be entered upon at or after 11.30 p.m.; and that if a Prayer is under consideration, the Question shall be put at 11.30 p.m., unless Mr. Speaker, in his discretion, considers that, owing to the lateness of the hour at which the Prayer was started or because of the importance of the matter, there has not been sufficient time to discuss it. Then Mr. Speaker will interrupt the business, and the debate will stand adjourned till the next or another day. Here may I say that you, Mr. Speaker, have been good enough to say that you will work this Sessional Order, should the House see fit to pass it? We are very much obliged to you.
The effect of the Motion is that Prayers will not continue after 11.30 p.m., although we have said specifically in the first sentence: a ) or ( b ) of paragraph 2 of the Motion applies, it will be postponed until the next day.
This seems to be a generally sensible proposal. It was regarded by our colleagues, who heard a great deal of evidence, as the best solution they could give us in present circumstances to deal with what is admittedly a most difficult problem. Let no one underrate its difficulty. The question of how the House should handle Statutory Instruments has been a problem for many years, but this is a solution which the Select Committee thinks is worth trying. As it is not the law of the Medes and Persians, but is proposed only as a Sessional Order; as it is only experimental in its nature, and as the large majority of the House is willing to see the experiment tried, I commend it to hon. Members.
10.35 p.m.
I do not think that it is necessary for me to say much more in explanation of the Motion than has been said by the Leader of the House, for he has dealt with it with brevity and lucidity, and I am quite sure that his words will carry great weight with the House. I am sometimes a little diffident about speaking on a matter of this kind when I have been a Member of a Select Committee dealing with it. There are sometimes reasons for thinking that the House would sooner hear the views of people—
I am sure the right hon. Gentleman will realise that on this occasion we are listening to him as an ex-Leader of the House.
I could divide myself up into portions, but I was more recently a Member of the Select Committee, and my tenure of the Leadership of the House was not so long, nor was it carried on in such normal circumstances, as would entitle me to place any great weight upon anything I may have done during that period.
I should like to say that the right hon. and learned Member for Montgomery (Mr. C. Davies), who was the Chairman of the Committee, has asked me to express his regret at not being able to be with us tonight, because he has been unable to get back from Wales in time. The Select Committee examined this matter with very great care, and I hope that hon. Members will have read not merely the recommendations embodied in this Motion but also the general remarks of the Committee as to what it found on examining the whole problem of delegated legislation.
Such a study would reveal that there are a good many popular misconceptions about the way in which delegated legislation is dealt with in the various Government Departments, and the responsibilities which Ministers conscientiously discharge in the drafting and submission of the various Statutory Instruments that come in front of them. The popular conception that this is done in some sort of hole-and-corner way, by some very junior civil servant, but it is a complete misrepresentation of the facts, as anyone who has been in a Department which has to draft a good many of these orders has always known.
The Committee felt that the House could regard two things as well-nigh certain. If the Government have a very important order of this kind they generally arrange the business so that it can De brought on fairly early in the evening. We have had examples of that during the past few weeks, and without trying to establish any kind of inalienable right in the matter, it is fair to say that there is a certain amount of give and take between the two sides of the House, through the usual channels. It may be said, "If we can start this at eight o'clock we shall not have to ask the House to sit very late."
There are a very few cases—possibly amounting to one a Session—where the Government of the day, no matter which party is sitting on the right of Mr. Speaker, have recognised that the subject has been so important that the whole day has been given to it. Of course, as it is exempted business, it could run on for a very considerable time. In fact, I recollect one occasion in the Parliament which started in 1935 when, I think, we sat through two successive nights on some unemployment insurance Regulations.
When the House is in a good temper there has been an accommodation between the two sides which has avoided some of the difficulties that have occurred on occasions when Members have been a bit excited. In those circumstances, undoubtedly this could be one of the matters on which one side of the House could make it very uncomfortable for the other. No one must hint that any living person has ever been guilty of obstruction, but, sitting first on one side of the House and then on the other, and coming back to the original side again, one has had suspicions on occasion that we were not studying one another's comfort with the care that Members of the best club in Europe should show for one another. I make no confessions and I make no accusations.
As a matter of fact, when the House is in a reasonable temper and we start a Prayer at 10 o'clock or at the end of one Division after 10 o'clock—that is, somewhere about 10.10 or 10.15 p.m.—reasonable speeches are made on both sides, and generally at about 11.15 p.m. you are in a position, Mr. Speaker, to put the Question. But there are occasions when the debate runs on a little longer.
Of course, the House always has to protect itself in some way or other lest, in the course of a discussion, something arises which is rather more important than most of the Members suspected when we started the discussion. I am sure I need not elaborate that point very much, but sometimes a particular Member connected with an industry—or "having knowledge of an industry" is, perhaps, a better phrase—which may be affected, raises a point which all of a sudden lifts something that is quite humdrum and ordinary up to a very substantial level, as a result of which it may be desirable that the debate should be rather more prolonged.
I was greatly relieved and reassured by what the Leader of the House said with regard to your attitude to the responsibility that would be thrown on you, Mr. Speaker. May I say that I hope you will take it as representing the feeling of the House that we feel that the occupant of the Chair is one who can be trusted in these matters to watch the interests of the House and the general public, and that if, when we get to 11.30 p.m. it is clear that the matter has not been sufficiently ventilated, we are quite prepared to leave it to you to say, "This matter must continue tomorrow night," and then people can still catch their trains and get home to enjoy such sleep as their consciences will allow them after they have spent a day in the House.
The Committee did go into this matter in very great detail, and this was the one point upon which we had a serious division—that is to say in which the names were called. But the minority, although influential, was not numerous. I am not sure it might not have been doubled in size if one other Member had stayed long enough, but even he cannot expect to multiply himself by two. Whether we were in the majority or minority on the Committee, I am sure the decision was the better for the full and frank discussions we had. This proposal was not arrived at just after one sitting. It was a thing which gradually grew, and in the end we got as near unanimity as can be expected of a dozen or 14 hon. Members of this House when they are discussing a matter of this kind.
The Government have been wise in submitting this proposal first as a sessional Order. We can assume it will run from after Easter until whatever time this Session ends. I am not asking for any prophecies, but having regard to the usual run of things, we usually sit to the end of July and may come back for a week or two in the autumn to complete the Session, if the practice of recent years is followed. At the end of that time we shall probably have had sufficient evidence of the way this proposal works.
After all, the rules of the House, in the main, come about through the practical experience of the House in attempting to have the business of the country run as far as possible on reasonable lines. I ask the House therefore to accept the Motion moved by the right hon. Gentleman, and to give the proposal a trial. If at the end of the Session any substantial minority—I go as far as that—feels it has suffered and has grievances we should clearly then have to examine that with very great care, because the mere carrying of a proposal like this by a bare majority would destroy the effectiveness of this House as a deliberative assembly. We must retain that right.
I am certain it was the view of the Committee that the individual Member who has knowledge that a Statutory Instrument is likely to inflict injury on any constituent has a duty to raise the matter in the House. We considered such proposals as only taking Prayers supported by 40 Members. I have taken part in useful discussions on several Prayers on occasions when I doubt if 40 Members could have been got together, except on a mere party basis. This is the kind of matter which ought to be above and beside party.
When a Member has a grievance affecting his constituency or a profession of which he has special knowledge he has a duty to make quite certain that his knowledge is placed at the disposal of the House, and the House has to listen to what he has to say.
I think it is generally accepted on both sides of the House that we are not here, even in these days of evenly divided parties, merely as partisans; that we still have, as Members, individual responsi- bilities which it is our duty to discharge, sometimes in circumstances which make it rather difficult to do so. I hope that what I have said on that score will make it quite plain that so far as the Select Committee were concerned, they had no desire to limit the opportunities of the individual Member. They thought that this would be one way in which he might even get a better chance of discharging his responsibility.
On occasions when something has appeared to be comparatively trivial we have heard the groans go up—not merely from one side of the House—when an individual Member rises to speak. When he rises now everyone will have the feeling that if the Order runs, unless Mr. Speaker decides the debate ought to be continued, we shall, at 11.30 p.m. at any rate, have a chance of reaching a decision on it.
I should have preferred that much of what I have said could have been said by the right hon. and learned Member for Montgomery, and I echo what the Leader of the House said with regard to the work that the right hon. and learned Gentleman did on this matter. In his absence it might not be unfair to say that during some part of the time he was engaged on this, he was also engaged as Chairman of another Committee in which he did not even have to deal with a division, as I understand it. I shall not use that more than as an illustration of the ability and assiduity with which the right hon. and learned Gentleman, from a position of some independence in the House, performs a very useful function in matters of this kind.
10.52 p.m.
I find myself in complete agreement with what has been said by the Leader of the House and the ex-Leader of the House, but I desire to take part in this debate because I have probably inspired more Prayers than any other hon. or right hon. Member, even when I was not in the House in the distressful period between 1945 and 1950.
Because Prayers are exempted business and normally come on when Government business is finished, they keep us all up late. I never sought to keep the House late. I remember only one occasion when there were Prayers with which I was connected which kept the House late, and it was not the fault of my hon. Friends and myself. The Army Estimates went on until about half-past one in the morning. We tabled six Prayers, all relating to the cost of living, and the then Speaker, for whom I had great respect and affection, decided that they had all to be discussed separately. You, Mr. Speaker, have taken the view that when Prayers are related they can be discussed together.
That led to a very prolonged debate, which went on until six o'clock in the morning. The right hon. Member for South Shields (Mr. Ede) and his hon. Friends decided that my 10 minutes' speech should last 50 minutes, because they interrupted me so frequently. That is the only occasion on which I have been associated with a Prayer the debate on which went on too long. Had the right hon. Gentleman and his hon. Friends kept quiet, we should have finished in about an hour and a half. That was four years ago, in the month of March, if my recollection is correct.
I did not serve on the Committee in question, although I sent in written evidence, and I gave evidence, because I have for many years studied this complicated problem. It is vitally important that when a Government Department publishes something which in effect is law, there should be the opportunity for the House to say "Yes" or "No" whether it agrees with it.
Since 1942—I am probably unique in this respect—I have examined every statutory instrument that has been published and which has been laid in the Vote Office. I have looked at probably 20,000 or 30,000. It does not take long when one is used to them to find out whether there is anything in them that is worth objecting to. I congratulate my right hon. Friend the Leader of the House that the Government of which he is a Member produces so few statutory instruments to which we can take exception, whereas the previous Government used to produce masses which were dreadful.
I find now it very difficult ever to tell my hon. Friends of anything that is worth praying against. Most of the Orders which I look at are revocation orders. So little mischief is being produced today by Her Majesty's present advisers that my committee, of which I still have the honour to be chairman, are almost unemployed and are thinking of going to the National Assistance Board to get some help in the matter.
This is experimental, and I am glad the Leader of the House said so. Let us try it out; it is stupid to be rigid-minded. When I first read the Report I was not happy about it, but, after thinking about it, I came to the conclusion that it was not too bad. Most Prayers can be concluded in one-and-a-half hours, although when we do not start until 11 o'clock it may be improper for the debate to be concluded that night. We give discretion to you, Mr. Speaker, and to whomever occupies your office, and we know that we can always trust you to give impartial decisions. You can say, "We have had enough of this, and I will put the Question," or, "Many more hon. Members want to speak; I will put it off until tomorrow." There may be special occasions when it may be necessary to go beyond one day; it might go on for three nights so that the matter may be adequately discussed.
It used to be said that Ministers always look carefully at these Statutory Instruments before they are issued, but about 1942, when my hon. Friends and I started looking into this matter, we discovered that 32 officials at the Board of Trade could sign these orders and were under no obligation to consult the President of the Board of Trade. It was a serious matter. In that respect, the Board of Trade was the worst Department during the war. Some Departments have always been incredibly careful. I was fined £10—at Arundel court; it is on the records—for disobeying an order which had never been published. I always say it was illegal; if I had taken the trouble and spent enough money—I thought I had done enough for the public—I could have shown that the order was invalid because it had never been published.
We cannot amend these orders. I introduced a Bill about three years ago to bring them all into the scheme, but it was defeated on a Division. I do not know whether hon. Members realise it, but half the orders they can pick up in the Vote Office—I get the week's issue every Saturday morning—are not prayable at all. I hope the Leader of the House will get his colleagues in the Cabinet to look into the position. If somebody wishes to have a one-way street in London, that needs a Statutory Instrument, but if it is outside London, a highway can be closed entirely without it being possible to move a Prayer.
The whole situation is fantastic. I submitted many examples in my memorandum of absurd positions in respect of the differences between one kind of Statutory Instrument and another. That is due to the fact that over the years Acts have been passed authorising Ministers to make regulations, some being subject to affirmative Resolution, some to negative Resolution and some subject to nothing at all. It is monstrous that somebody can sit down in an office, draft a document, sign it, hand it over to the Stationery Office and have it printed, numbered and published, and yet we can do nothing about it.
I am rather disturbed that the right hon. and learned Member for Montgomery (Mr. C. Davies), who, for a good reason, cannot be here tonight, did not go into it sufficiently. It is absolutely monstrous that people should have the power to make laws which we have to obey and which the House cannot challenge in any way.
The hon. Member is now straying from the Motion and raising a much larger topic than the one before the House.
I am sorry, Mr. Speaker. My enthusiasm on this subject carried me to this disorderly position. I apologise very much.
It is a good idea that the Leader of the House should propose this arrangement on an experimental basis, but we must make sure that the experiment is tested. We must have a few Prayers between now and October to enable the right hon. Member for South Shields and myself to see what happens.
11.1 p.m.
I well remember the occasion which the hon. Member for Croydon, East (Sir H. Williams) has recalled when four years ago we sat all night discussing Prayers on the cost of living. My impression is that hon. Gentlemen opposite were not quite as innocent as the hon. Member makes out. He may recall the incident of the "Boothby Harriers." I leave it at that.
I am sorry to have to introduce a dissonant note into the unaccustomed harmony not only between the two Front Benches but also between the two Front Benches and the hon. Member for Croydon, East. I am not very happy about this Motion. The Leader of the House dismissed rather too airily the difficulties which are inherent in it.
The difficulties arise mainly out of the 40-day limit. It is true that there is a proviso that the Order can be suspended. It may well turn out that it is more often suspended than in force. There is a tendency for Prayers to be put on the Order Paper rather near the end of the 40-day period. Although we have not had many Prayers lately, that will not always be the case, and I foresee the possibility of an accumulation of Prayers on the Order Paper arising from this Motion.
What happens when a Prayer is before the House, and Mr. Speaker, in his wisdom, adjourns the debate at 11.30 for it to be continued the next day, and on the Order Paper for the next day there is already another Prayer? Which takes precedence the following day? What happens if the Government business is not over by 11.30 on the following day and the Prayer has to be continued again and the Prayers already put down for the second day also have to be continued? I foresee a lot of difficulties. It is all very well to say that a Motion can be put on the Order Paper suspending the Order, but it may not be known that it is necessary to suspend it until the very end of the previous day's business. There will certainly be difficulties.
We are all glad to have an arrangement which will bring Prayers to an end at 11.30 p.m. but there are probably better ways of dealing with the problem than this. I have a certain sympathy with the minority view in the Committee. It may be that a Prayer on the last day comes on at about 11.15 p.m.—it may be unforeseen that it will not come on at 10 p.m. and, therefore, there will be no Motion to suspend the rule—and so the Prayer may have to be voted on without even being seconded, or after being seconded only formally, and without there being any reply from the Minister. The vote must be taken because Mr. Speaker will then have no discretion to suspend the Standing Order.
I do not wish to oppose the proposal, for it is perhaps worth a trial. I disagree with my right hon. Friend the Member for South Shields (Mr. Ede) on one point. We ought not to be content to give this a trial only for one Session; the proposal should not be enshrined in our Standing Orders after so short a trial. It should be given a considerably longer trial than is suggested. I hope that the right hon. Gentleman will bear in mind that the difficulties may be rather greater than he led the House to believe in his opening remarks.
11.5 p.m.
I agree with every word which has been spoken by the hon. Member for St. Pancras, North (Mr. K. Robinson). I should like to assure the House that when I drafted my Amendment, which is printed in the Report of the Select Committee, disagreeing with this proposal, it was because I honestly felt that the difficulties were slightly greater than appeared at first sight.
The hon. Member has very clearly pin-pointed two of those difficulties. I am not convinced that this proposed Sessional Order will always work out for the convenience of hon. Members. I will give one example. Last 27th January we had a debate on the Aliens Order, which began at 10 o'clock. That was an important Order; it was really a consolidation of the law regarding aliens and I feel sure that if this new procedure had been in force Mr. Speaker, in his discretion, would have adjourned the debate at 11.30. It so happened that the following night we had the Committee stage of a Bill which was not a particularly contentious one, but which might easily have gone on after 11 o'clock. On the Wednesday hon. Members would not have known whether their attendance would be required for the Prayer on Wednesday only, on Wednesday and Thursday or, possibly, on Wednesday, Thursday and the following Monday.
That is a very simple example of the difficulties which could arise. It is all very well to say that this is a special case, but I always remember Goldsworthy Lowes Dickinson making, in one of his books, the wise remark that a mere marginal case can suggest a fundamental fallacy. There are certain difficulties in this proposal which make it desirable to give it a run for two or three Sessions as a Sessional Order before making it a Standing Order. I believe the hon. Member for St. Pancras, North was also quite right when he said that this Order could affect the right of an hon. Member effectively to pray if, by some chance, a Prayer came on later than was expected and the Order had not been suspended that evening.
There is another point on which I feel strongly. Of course, it is a desirable thing that we should not be kept up late unnecessarily. We all know that many hon. Members are put to great inconvenience if they are kept here after the last public transport has gone. And for that reason I think it a most desirable convention that, when we are going to have a Division on a Prayer, we should aim at voting not later than approximately 11.30. But I confess that I am suspicious of whether it is always desirable to turn conventions into Standing Orders of this House. I believe there are occasions when it is better to keep the convention as a convention and not to turn it into a rigid rule. That is especially so when we are considering imposing a new form of closure on our debates. In the long run, I believe that we would find it more convenient to keep to the present convention that a Division should not take place after 11.30, than to put a new Standing Order on the book saying that Mr. Speaker should end the debate at that time, unless he uses his discretion.
I do hope that this Order will not ever mean that a member of the Opposition Front Bench does not have a chance to reply to the Government spokesman. It is one of the dangers of any form of closure that the Government spokesman can always have the last word if he wants. I hope that, whichever party is in power, if this procedure is ultimately to go into our Standing Orders, it will always remain the convention to allow a member of the Opposition Front Bench time for a reply if he so desires.
Those are one or two doubts I have about this Motion. I am very conscious of the fact that I was the most junior Member of this House on the Committee, both in years and in length of service, and, for that reason, I felt genuinely diffident about expressing my views on the subject. But as I moved an Amendment to the Report of the Committee, I am most grateful for this opportunity of explaining why I did so.
11.10 p.m.
I will be quite as brief as the hon. Member for Handsworth (Sir E. Boyle). I agree with every word he has said but I should like to go a little further. I do not think we realise today quite the extent to which the incidence of government has affected daily life, and when one has a situation like that there is a doubly great responsibility on this House to see that nothing we do in any way restricts discussion in this matter. Whatever we do I do not think that we should in any way vote in favour of action which further biases the system in favour of the Executive.
I believe that this Order for good or ill—and I am not arguing about the remarks which my right hon. Friend the Member for South Shields (Mr. Ede) or the Leader of the House made about the spirit behind the Order—represents a restriction on discussion. It is a step away from the freedom we have had in the past. It is a narrowing of the limitations of discussion because it reduces the period of that discussion.
It does not limit it.
It can reduce it and the noble Lord knows that perfectly well. The whole purpose is to get the discussion over by 11.30 p.m.
Surely the effect of this Motion is to postpone matters for subsequent discussion. I do not see that it limits the time for debate in any degree.
As I see it, if there has been a certain amount of discussion the Chair will apply the Closure within the terms of the Motion, and views expressed in the House.
Here we are setting up a precedent and all I am seeking to do is to try to ensure we safeguard the rights of this House as far as widening the incidence of Government on daily life is concerned, and on this matter I should have been a little more happy if, automatically, the discussion had been adjourned at 11.30 to the next day and it was only in extraordinary circumstances that the Chair agreed to the Closure. That, I think, would have been a more satisfactory way of starting with this experiment because it would have meant the bias was a little the other way.
I agree strongly with my hon. Friend the Member for St. Pancras, North (Mr. K. Robinson), who said he was most unhappy about this step being taken now. I hope that it is being given careful scrutiny and will be kept constantly under review. Whatever we do, I hope we shall always bear in mind the need of this House for bias against the Executive, whatever the Government of the day.
11.13 p.m.
I, too, will be very brief. I welcome this new suggestion because I think it is a vast improvement on the procedure that we have had in past years. I believe that the field day—it may be termed as such—on Prayers is now over. Both sides of the House have made use of this weapon during past Parliaments, and I believe that if its use were continued it would bring Parliament into considerable disrepute. I am disappointed in the suggestion because I do not really believe that it will meet the case. I had the temerity to send in a memorandum to the Select Committee which suggested that Prayers against Orders should be taken out of this Chamber in the same way as the Committee stage of a Bill, and sent upstairs for consideration.
I do not believe that we should abrogate our rights in this Chamber of debating any order. I thought certainly there should be an opportunity, if an order was of national and vital interest, for a debate in the Chamber of the House. Otherwise, I do feel that many of these Statutory Instruments or orders should be considered upstairs in Committee of the House and that the Committee should have full opportunity of hearing hon. Members either orally or in writing.
There is one slight similarity between the scheme which I put forward and that which is now suggested, which is that they both give Mr. Speaker additional powers in deciding what order should or should not be debated in a second debate. In the scheme now suggested, Mr. Speaker will have considerable powers to decide whether a debate should end at 11 o'clock or not. We all have the fullest faith in the judgment of the Chair.
I agree that we ought to give the new arrangement a trial. I do not believe that a trial until the autumn will be sufficient. We should not have sufficient evidence about how the new arrangement worked. Had the arrangement been arrived at in the last Parliament perhaps we should have had more evidence. My hon. Friend the Member for Croydon, East (Sir H. Williams), myself, and other hon. Members, have found very little to pray against in this Parliament. Very few orders have been objectionable, at any rate to us, and curiously enough, very few of them have been objectionable to hon. Members of the Opposition either.
The only occasion when the Government were defeated was on a Prayer which was moved from the Government side.
That was a trick, which has been done before. The hon. Member need not think that his party is the only one that has carried out a ruse like that. We on this side won a Division against the Socialist Government on cheese. I should not want it to be thought I have not considered these things. If hon. Gentlemen will turn to this wonderful tome on delegated legislation and look at Appendix C, they will see what I put forward to the Committee. I hope that if this arrangement does not prove satisfactory that the suggestions in Appendix C might also be given a trial.
11.19 p.m.
The right hon. Member for South Shields (Mr. Ede) referred to the fact that it was only circumstances beyond my control which prevented me from supporting my hon. Friend the Member for Handsworth (Sir E. Boyle) on the Select Committee in his opposition to the recommendations out of which this Motion arises. As we have not quite arrived at the hour at which it would be necessary for this debate to terminate if it were a debate on a Prayer after this Motion is passed, I beg the indulgence of the House to mention one or two grounds on which I feel anxiety that we should be making this change in our Standing Orders, if only for this Session.
The House, I think, should—and I believe always does—approach any change in its rules with a prejudice against. The effectiveness as well as the dignity of our proceedings depend not entirely, nor perhaps even mainly, upon Standing Orders, but upon conventions, and both rely for their force upon habit. Any unnecessary alteration of our procedure and rules must tend to weaken the forces of habitual convention and behaviour upon which the success of our proceedings depends. I feel, therefore, that unless the House is convinced that there is a clear necessity for a change, and that the objects of the change will probably be achieved, it ought to refrain from making it.
There were two grounds which prompted the establishment of the Select Committee with whose Report we are concerned tonight. It arose immediately out of the feeling that the existing procedure upon Prayers was being used, or might be used, for purposes of delay and obstruction—to waste the time of the House. Now, I do not believe that any change which we can make in our Standing Orders will substantially reduce the opportunities for obstruction if a section of the House is set upon obstruction. If we block one hole in the dyke the waters will immediately find another way through.
But the water does have to exercise a little ingenuity to find where the next effective hole can be made.
There is, indeed, a slight delay, but in principle—and I think this is a view which was widely held in the Select Committee itself—any change in our Standing Orders and rules of procedure is, in the long run, ineffective against a determination to use them for obstructive purposes.
There was then the other question, whether the sheer bulk of material to be discussed under the heading of Prayers is so large that the House ought to regulate the time devoted to it. There has been a very marked change in the character of these Motions over the last few years, and that change indicates, to my mind, that the problem is a disappearing one. If we look at the figures given in the minutes of evidence to the Committee, we find that in the Session 1951–52, out of 18 such Motions which were negatived only six arose under anything but the Supplies and Services Acts.
Of the 16 Motions withdrawn, only three arose otherwise than under those Acts. The same proportions will be found in the following Session. Orders, however, under the Supplies and Services Acts are rapidly drying up—most of us hope for good and all. Therewith, the principal occasion for these Prayers to be moved is automatically disappearing. I therefore suggest that of the original occasions which prompted the House to consider making a change in its procedure one is invalid and the other is in course of resolving itself automatically.
Turning to the proposal which is made, I should like to mention one objection which has not yet been referred to, except perhaps in passing. That is, the quite novel responsibility—a responsibility which, I suggest, is of doubtful wisdom—which it imposes upon the occupant of the Chair. I know that, under Standing Order 9, Mr. Speaker has to decide whether a matter is definite and of urgent public importance. I know that in deciding in his own discretion whether to accept the Motion for the Closure, he has to determine whether a matter has been sufficiently ventilated. But I suggest that those decisions are very different in kind from deciding, after perhaps 40 minutes' debate, whether the subject matter of an Order which is being prayed against is sufficiently important to deserve another half hour or so. I believe that is a quite new and extremely difficult responsibility to impose upon the Chair.
The right hon. Member for South Shields (Mr. Ede) pointed out that in these debates the real point of importance often only emerges at a late stage in the debate. Even in my own short experience I can remember several occasions when the real point and serious issue in an order which was being prayed against—and often these orders are of great volume and content—never became clear to the Government Front Bench in the whole course of the debate, and perhaps was not entirely clear even to the occupant of the Chair. I suggest that it is unfair and unwise to ask Mr. Speaker, after perhaps 35 or 40 minutes' debate, in which the main point may not yet have emerged in the discussion, to decide whether or not that matter ought to go forward.
In deciding whether or not it is to go forward, he is also taking upon himself another kind of responsibility, because the thrusting forward, which is inherent in this Standing Order, of Motions from one day to another will, I believe, create a very real and inconvenient uncertainty for hon. Members. It is a general principle of the procedure of the House that, once it is seized of a question, it goes on debating it until it comes to a decision. The fact that we report Progress in Committee is no real contradiction to that general principle.
On the whole, once we are engaged upon a question, it is our general practice there and then to settle the matter. An hon. Member who knows that a particular matter is on the Order Paper for a particular day has thus a reasonable assurance—and so have the Government—that that sitting, at any rate, will see it disposed of. Under this procedure, on the contrary, there will be continual uncertainty in hon. Members' minds both as to when they will be required, as my hon. Friend the Member for Handsworth pointed out, and as to when a matter will come up for debate and when it will be disposed of.
It is perfectly possible that on the day following the adjourned debate on a Prayer, Standing Order No. 1 will have been suspended, and it will not be certain whether Government business will have been disposed of by 11 o'clock. It may be several days in succession before the adjourned Prayer is reached, and even then Mr. Speaker will again have to decide whether it appears to him on the second occasion to be of sufficient importance to be pushed forward again. Therefore, I think that this departure from our general practice of dealing with a matter once we are seized of it will cause uncertainty and, in the long run, inconvenience.
I am not going to emphasise again the point—I think it a valid one—which was made by the hon. Member for St. Pancras, North (Mr. K. Robinson) that the right and the statutory opportunity of any Member of this House to pray against an order may well be for practical purposes defeated by this Standing Order. The 40 days allowed by statute, of course, includes not only Mondays to Thursdays, but Fridays, Saturdays and Sundays during the normal periods of sitting of the House.
Therefore, in a case where an hon. Member or a group of hon. Members only became aware of the reasons for praying against an Order on, say, the 30th day, they might well find it quite impossible, except by a concession of the Government, and then only perhaps by considerable dislocation of Government business, to have an opportunity of bringing the matter forward at all.
I recognise that the Leader of the House is doing his duty in bringing this Motion before us. In matters of procedure he is essentially the servant of the House as a whole, and the fact that there is a majority in favour of this experiment really constitutes a duty upon him to enable the House to make it. I have offered these considerations in the hope that if we keep them in mind when watching the way this experiment proceeds, we may decide, when another Session comes, that it will not be necessary to continue this innovation.
11.30 p.m.
Having been a member of the Select Committee, I should like to join in the tributes paid to the right hon. and learned Member for Montgomery (Mr. C. Davies). The Report, which will be a source of reference for a very long time, was mainly his work. I should also like to pay a tribute to the right hon. Member for South Shields (Mr. Ede) for the way he added to the work of the Committee. [ Laughter. ] I might have put that differently.
It is exceedingly easy to raise objections and difficulties and to pick holes in any new procedure, but nothing I have heard tonight shakes my conviction that this experiment is a wise one. Hon. Gentlemen have spoken as if this was a subject which was not deeply considered and have suggested it is not complex. Having attended every sitting of the Committee, I can assure them that it is very complicated, and all the suggestions and objections that have been put forward tonight were most carefully gone into.
If this proposal is not accepted then nothing will ever be done. I think the House had better recognise that. I maintain that something must be done. It is essential for Parliament to begin streamlining its procedure. I do not think it earns the respect of the country by sitting up late, and it is not fair or wise to put such a physical strain on Members, as has been done in recent Sessions. In the main, there are two sorts of orders. First, there are the orders prayed against which arouse great interest on important matters of policy, although not in themselves dealing with the matters of important policy.
For instance, orders increasing or reducing rations were really prayed against as a means of criticising the Government's food policy. There are also the orders of minor general importance, although of particular importance. As to the latter class, the new procedure will give ample opportunity for ventilation. As to the first, it is proper that they should be discussed by demanding a day or part of a day for debate. I think it is very easy to exaggerate and overstress the rights of Private Members. It is right that every Private Member should be able to bring up questions which affect constituents, or matters which should be brought up, but it is overstressing their right that two or three Members should have the power to keep the House up for hours.
I believe that this proposal is of no use at all unless it prevents the rights of Private Members being used in those cases as weapons of offence. I would remind the House that no rule or Standing Order of this House can possibly work unless it is worked with good will and common sense. If every Standing Order were to be reconsidered now we should hear just the sort of pettifogging objections as have been made against this Motion. I recommend this experiment for two or three Sessions, when, possibly, it will be decided to add it permanently to our Standing Orders.
Question put, and agreed to.
Government Commodities (Insurance)
Motion made, and Question proposed. "That this House do now adjourn."—[ Mr. T. G. D. Galbraith. ]
11.36 p.m.
I want to call attention tonight to the system of insuring Government commodities, an arrangement which I think is unnecessary, undesirable and contrary to the interests of the taxpayer. I should like briefly to explain how the present situation came about.
It was not the practice before the war, I understand, for the Government to insure the goods for which they were responsible. They used to run their own risk; they did not take out insurance in the private market. Admittedly, there was not very much scope for insurance, because the amount of commodities in which the Government was dealing at that time was not large. But at the outbreak of war in 1939, a new situation arose. The Government took over the import of food and many raw materials and commodities of all kinds.
Another thing which happened at that time was that the War Risks Insurance Office was opened by the Government and a scheme was started whereby the Government took over practically all war risk insurance on British ships and cargoes for the duration of the war. The private insurance market showed clearly that it was unable or unwilling to face the hazards of these war risks with the nation actually at war.
One would have thought that with the Government insuring all the war risks, they would also have run the marine risks and the fire risks themselves. But that did not happen. The private insurance interests lobbied the Government of the day and said, "If we lose the marine and fire insurance on all these commodities which have now been taken over by the Government, our business will suffer very greatly." In fact, they suggested that the whole insurance industry would be in jeopardy. It is not unfair to say, that having unloaded the sticky end of the business on to the Government in the form of the war risks, the insurance interests were anxious to keep the attractive and profitable end for themselves.
So impressed were the Government of the day by these arguments that they prepared a scheme, together with the insurance industry, which was submitted to the Treasury for its approval. I understand that Lord Keynes, who was at that time advising the Treasury, had the scheme put up to him for his comments and said that it was a waste of manpower, utterly bureaucratic and the Government should have nothing to do with it. Unfortunately, in my view, his advice was ignored, and the scheme came into operation early in 1940.
Part of my case is that there has never been any proper Treasury control of this scheme. It is quite clear from the examinations that have been made by the Public Accounts Committee in 1946 and subsequently by the Select Committee on Estimates, in its 13th Report of 1948–49. that the Treasury has all the time been depending on the insurance interests for its figures, statistics and estimates of outstanding claims and everything. Indeed, the Treasury spokesman before the Public Accounts Committee described the whole business as "rather an unhappy story," a phrase which, in my view, is something of an understatement.
The Treasury spokeman went on to explain to the Public Accounts Committee that the original aim of the scheme was to give the insurers roughly 10 per cent, profit on premiums over the claims paid; but what happened was that the insurers so generously and consistently over-estimated the outstanding claims that premiums were maintained when the actual results justified their being reduced. The estimated profit for one year, 1943—the profit estimated by the insurers themselves—of £700,000 turned out, in fact, to be £2·1 million. This sort of thing has been going on all along the line. In the following year, 1944, an estimated loss turned out in the last analysis to be a profit of about 17 per cent.
The result of all this was that the private insurers were so ashamed of the profits which they had been making at the expense of the Government and the taxpayer that they made an ex gratia refund to the Government of £1 million, which is a large sum but a good deal less than the excess profits which they had been making on these insurances.
As a result of this very unsatisfactory state of affairs, the basis of the insurance was altered about 1948 and a new arrangement was made whereby the insurance interests limited their profits to 20 per cent, overall—even so, a not ungenerous profit, in my view. My argument is that it was a fundamental part of the original gentleman's agreement between the Treasury and the insurance industry that this scheme would operate on substantially a no-profit, no-loss basis.
It is not very easy to get the complete figures, but I have put certain Questions to various Ministers—for more than one Ministry is involved, although I understand that the Treasury has the overall responsibility—and I think it is not unfair to say that while the scheme has been running the net profit has been considerably more than £10 million. That is £10 million of the taxpayers' money. That is the figure which I mentioned in a supplementary question to the Chancellor of the Exchequer, and he did not disagree with it.
This sum has been paid by the Government simply as a subsidy to the private insurance interests. It has been done because the insurers have constantly overestimated their claims and exaggerated their losses. I maintain that no check whatever has been made by the Treasury on these figures throughout. Whenever these results were queried and whenever the final results were disclosed, it was always seen that an exaggeration of the losses had been made by the underwriters.
I want to know what has been the nature of the Government audit of these figures. Whenever I have put a Question down, it has always been clear that the figures which provided the answer had been obtained from the underwriters; they did not seem to be available in the Department concerned.
During and after the war, in the Ministry of Food, there was one temporary civil servant whose job it was to look after these insurances, and about 1946 he became very disturbed at the whole way in which the matter was being handled. He tried by every means in his power to call the attention of his superior officers to what he regarded as a scandalous situation, but without success. He always seemed to come up against a blank wall. There was an occasion when he was going to the City to audit the figures of this insurance scheme.
First, he was told to come back on Wednesday and then he was told by his superior in the Ministry that he would not be required to do the job at all. In the end he was so exasperated with the frustration he was meeting that he tried to bring the matter to the notice of the Minister. That was unorthodox behaviour for a civil servant, but I have explained that he was a temporary civil servant, and he was not entirely conversant with the finer nuances in the Civil Service. The result of this approach was that he was dismissed.
What year?
I think it was 1949–1948 or 1949. This man was actuated solely by concern for the taxpayers' interest; he had nothing to gain from the matter at all. His zeal resulted in the loss of his job. I should be interested to know why that happened.
When I put some Questions to the Chancellor of the Exchequer earlier this year, he admitted that there were difficulties in the matter and that it was undergoing the careful consideration of the Treasury. Subsequently, the Financial Secretary told me that the marine cover had been renewed to the end of this year and that the fire cover-incidentally, it expires today—was under discussion. I hope that the Financial Secretary will tell us tonight that the fire cover has not been renewed and that the marine cover will be allowed to expire at the end of the current year.
The arguments which led to the scheme being introduced in 1939 are no longer valid. Whether they were valid then is a matter for argument, but there is certainly no danger of the insurance industry collapsing if it lost the Government business today. It is high time that this "National Assistance" to the private insurance market by the Government came to an end.
There is every argument for the State running its own risk in this matter, as it always used to do. It is quite unjustifiable to pick out what is, after all, choice insurance business like this and hand it over to the private market, particularly in view of the questionable way in which the market has carried out the gentlemen's agreement.
The matter is not as important today as it was some years ago, because of the progressive diminution in Government trade, but a principle is at issue here. I hope that the right hon. Gentleman will be able to tell us that the Treasury have considered the matter and have come to the conclusion at last that they should revert to the pre-war system. After all, there is a reasonable spread of risk here. It is a normal volume of risk. It is the sort of thing which any large organisation would itself be prepared to run. The insurance industry has a very powerful lobby, but it is time that they were told that this business is no longer going to the City.
11.47 p.m.
I am grateful to the hon. Member for St. Pancras, North (Mr. K. Robinson), who takes, and has taken, a great interest in this topic, for the very reasonable and moderate way in which he has expressed his point of view and also for his courtesy in informing me in advance of some of the points which he had it in mind to mention.
Does my right hon. Friend think that the words which have been used by the hon. Member for St. Pancras, North (Mr. K. Robinson) about the insurance companies are reasonable or moderate? The hon. Member spoke of them being ashamed of their profits, of wanting the pickings and of lobbying the Government. While the hon. Member was acting correctly in asking for the matter to be examined, where the strictures that he used against the insurance companies in keeping with the sort of defence that one would expect the Treasury to put up?
I hope I shall not become involved in a dispute between the hon. Gentleman and my hon. Friend the Member for Peterborough (Mr. H. Nicholls). My hon. Friend is a little thin-skinned. When he has had longer experience of the House he will realise that expressions such as those which have been used are of a common form nature. In my experience, they are not generally seriously meant, nor, except by very sensitive people, seriously taken.
My observations about the hon. Gentleman's speech related to its general tenor. If it worries my hon. Friend, or in any other event, I will make it clear that I do not accept either that they are fair comments to make upon outside bodies which are not in a position to defend themselves in the House. Equally, I do not believe that anybody outside will take them seriously for one moment, and I do not think that my hon. Friend's intervention will mean that they will be taken seriously. I treated them as of the normal rather "small change" of Parliamentary argument in respect of which experience has given me a somewhat calloused skin.
I am not discussing this on the basis that the outside bodies concerned do other than conduct themselves with perfect propriety. Nor am I going to suggest that either of the previous Governments concerned with this matter, including the Government which the hon. Member served so loyally as a Whip, have done anything of which they need be ashamed. I was hoping that we could discuss this matter without heat on its present merits.
I have certainly no intention of going back over the years into the policy of the wartime Government, which undoubtedly had in it something of the nature of a rescue operation for an important industry which was placed by the war in a position of peculiar difficulty. Nor am I going back over the years into the question whether the late Government conducted this matter with a due regard for public funds. I can only say, if I am tempted into polemics by the atmosphere of polemics which has been produced, that if the late Government had shown a regard for public funds that would have been an exceptional part of its policy. I am concerned with the practical difficulty of the present situation and its future.
Let me deal with two points to which the hon. Member for St. Pancras, North referred, the Select Committee on Estimates and the Public Accounts Committee. He said that in 1946 the Public Accounts Committee considered the matter from questions which were put and made no report on the subject after its consideration. I think one is bound to say that it was perfectly satisfied. Equally, the Estimates Committee dealing with this matter does not help us very much, because its Report for 1948–49 reads: Ministry of Food during the time of the late Government and whose services under that Ministry were terminated by the late Government. I have, of course, no responsibility for what was done then. As far as my investigations go, they show that the services of the gentleman in question were not terminated by reason of his ideas—some of which were helpful and some of which were adopted—but because his general conduct, at which the hon. Member has hinted, was not thought by the authorities at that time to be appropriate to a member of the public service, an opinion with which I see no particular reason personally to quarrel.
I come to the details of the matter. The only types of insurance with which we are here concerned are marine and fire. It is true that it has been and is the general policy of the Government and previous Governments to carry their own risks and not to insure. That is the general policy over the whole very wide sphere of Government activity. An exception has been made, and is still made, in respect of commercial stocks, particularly commercial stocks held by Government Departments which still, although on a diminishing scale, indulge in trading activities—mainly the Ministry of Food and the Ministry of Materials. It is perhaps relevant to bear in mind that those trading transactions are, at any rate in one degree, different from the other activities of government. That is relevant in that stocks are mainly carried in privately-owned ships and in large degree stored in privately-owned warehouse accommodation.
That brings me to one aspect of the matter which I think the hon. Member for St. Pancras, North rather ignored. In respect of the insurance premiums which the Government pays, they do not only receive the payment when disaster happens of a claim in respect of the goods. That is an undue simplification and understatement of the services which the insurance industry can and does render to the Government and to other people. If the hon. Gentleman pursues this matter he will realise that in addition to the payment in respect of losses or damage, the premium buys as it were considerable services in the safeguarding of the property concerned.
In respect, for example, of fire insurance, the insurance interests maintain a very expert and helpful fire service which, by advice and in other ways, is able to contribute to the safety of the goods, and one of the points we have to consider is that if we were to dispense with these services it would be necessary, while Government trading continues on any substantial scale, for the Government to organise similar services. I do not want to be dogmatic, but it must not be taken for granted that it would be cheaper if the Government were to provide such services than to pay for existing services furnished by this organisation. I would ask the House not to jump to any conclusion.
Equally, in the marine sphere, the insurance interests which are an important feature of this country's marine life do maintain throughout the world an organisation or system for facilitating inquiries in the ports, which are of considerable value. As an obvious example, suppose a cargo of meat is spoiled, either through delay or a breakdown of refrigeration machinery, if there is to be a claim made against those responsible somebody has to be on the spot and has to make an expert assessment of the damage suffered and the cost, and has to put forward a report on which the determination of responsibility can be based.
Once again, if the elaborate system which had grown up in connection with marine insurance were not used, and if public funds were not to be risked and wasted, some other organisation would have to be made use of or created.
Will the right hon. Gentleman give way?
I have not got the time. The hon. Gentleman took a full share of the time and I have only a little left.
In the case of fire one has to face up to the position that if the services of the insurance companies were dispensed with, the Government would be compelled, in protection of public property, to provide an alternative method of doing the same thing. It is not, once again, to be assumed that that would necessarily be cheaper. The House, I am glad to reflect, will be concerned with the question of cost, a matter I would not underrate. The cost of the cover obtained in respect of fire and marine activities is being reduced substantially and for two reasons, first, because of the diminution in Government trading which has been the policy of the present Government, and also by the fact that efforts to obtain better terms from the insurance agencies concerned have not been unsuccessful.
At last.
The hon. Gentleman says, "At last." If he compares the terms we achieve with the terms the Government he supported received, he would not feel he was in a very sound position to make that point against us. If there is any force in the point it is, unfortunately, stronger against the late Administration than against Her Majesty's present advisors.
I was about to give some figures which are necessarily broad but which indicate the extent of the diminution. The provision for the coming year in respect of insurance will cost about one-third of that for 1952. In respect of fire there will be a substantial reduction, though not of that order. That reduction has been obtained by the operation of the twin factors of better handling of the business side and the diminished amount which it is necessary to cover.
I was asked about machinery. These matters are negotiated with a committee representing the principal interests in the two markets concerned, marine and fire, on the basis of getting the best terms we can for the cover and services obtained. The figures show that we are not unaware of the importance of the matter. The hon. Gentleman asked about examination of the accounts. The Government have the accounts examined in the ordinary way by the Comptroller and Auditor General.
Under the present arrangements the internal affairs of the insurance companies are no more our concern than they are of any other client. We are concerned to get a reasonable arrangement, and it is not proper to suggest that even a cursory examination of the affairs of companies is any business of those who examine the accounts of Government Departments. It is a normal trading operation of a private body. That is the present position. As to the future, I would refer the hon. Member to the answers which the Chancellor and I have both given to him on the subject.
The present insurance arrangements run out at the end of the calendar year. The relevant period is the calendar year. I am not prepared to say whether these arrangements will be continued or not after the year is ended. Her Majesty's Government will have to decide, when the time comes, where the public advantage lies. We should have to consider if we do not continue to make use of the services of the market, whether to provide other services or not.
The present arrangement for fire, which was in force four minutes ago, terminated about four minutes ago, and has now been renewed for a further period. We shall consider again, as in connection with other matters, whether its continuance is in the public interest. I need hardly say, on behalf of the present Government, that we should pay the closest attention to economy in public expenditure and to the proper safeguarding of public property.
On the question of services received, does the right hon. Gentleman really suggest that Her Majesty's Government would not get the services of the Salvage Association, the average adjusters and Lloyd's Agents abroad?
We should have to pay for them, and the question is whether to pay for them on that basis would or would not be more economical.
We pay for them now.
The hon. Gentleman must not be so dogmatic on a matter on which he has not the knowledge which would qualify him to be so.
The Question having been proposed after Ten o'Clock, and the debate having continued for half an hour, Mr. SPEAKER adjourned the House without Question put, pursuant to the Standing Order.
Adjourned at Six Minutes past Twelve o'Clock.