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Commons Chamber

Volume 590: debated on Wednesday 25 June 1958

House of Commons

Wednesday, June 25, 1958

The House met at half-past Two o'clock

PRAYERS

[Mr. SPEAKER in the Chair ]

BRITISH TRANSPORT COMMISSION ORDER CONFIRMATION (No. 2) BILL

Considered; to be read the Third time Tomorrow.

ORAL ANSWERS TO QUESTIONS

MINISTRY OF DEFENCE

National Service Men (Cyprus)

asked the Minister of Defence if, in view of the worsened situation in Cyprus, he will immediately stop sending National Service men there.

Is it fair to send young conscripts to Cyprus and to use them not in defence of our own country but to clear up the dirty mess which the Government have created? If it is intended to use the thousands of National Service men in Cyprus for the purpose of intervening in the Lebanon, is that not even more shameful and also more worrying to their parents?

First of all, I should like to say that National Service men are, of course, an integral part of the British Army. Secondly, having seen something myself of the spirit of these men as they went off to Cyprus the other day, I am quite sure that if they had been left out they would have been not only disappointed but many of them would have felt positively insulted.

asked the Minister of Defence what is the minimum period of training before sending National Service men to Cyprus.

Since the number of volunteers has risen, why cannot those men who can have a longer training be sent there instead?

I do not know what the hon. Gentleman is pursuing. He seems to suggest that there is a new policy. There is no change of policy. This has been the practice for a very long time. It was the practice under the Labour Government when they regularly sent National Service men overseas for all kinds of operations, including the war in Korea.

Will the Minister see that these National Service men are equipped with automatic weapons so that they can defend themselves?

Germany (Tactical Atomic Weapons)

asked the Minister of Defence to what extent it is now the policy of the North Atlantic Treaty Organisation to equip West German forces with tactical atomic weapons.

I would refer the hon. Member to the reply given him on 21st April last by my right hon. Friend the Minister of State for Foreign Affairs.

Is the Minister aware of the widespread public dismay at the fact that the new German Army is to have access to these tools of mass destruction and because of the belief that the so-called safeguards are worthless because, before long, the Germans will be able to manufacture the warheads themselves? Will the right hon. Gentleman confirm that in no circumstances would any German have the authority to give the order to use these arms?

In the first place, the weapons in question will, of course, be American weapons and the warheads will be under American custody. I think that answers most of the hon. Gentleman's questions. With regard to the manufacture of these weapons in Germany, the German Government renounced any right to manufacture such weapons in Germany.

Will the right hon. Gentleman make the point clear that, in fact, these tactical atomic weapons are not under the control of the Federal German Government but, technically, under the control of the American forces?

If it is necessary, I shall be glad to make that clear. I thought I said in reply to the hon. Gentleman that these would be American weapons and that the nuclear warheads would be under American custody.

European Arms Pool

asked the Minister of Defence whether he will make a statement on the proposed European arms pool so far as it concerns aircraft, missiles, warheads and associated equipment.

A number of proposals for joint weapon development and production have been formulated by Her Majesty's Government and certain other Governments of the Western European Union. These have been discussed by experts recently in preparation for a further meeting of Defence Ministers next month.

I welcome that statement, but is it not a fact that unless there is a great deal more co-operation and pooling among the European members of N.A.T.O. it would be wiser to cut their losses entirely and wind up Western European Union?

I am as keen as the hon. Gentleman to see really effective co-operation of arms development and production. I have been pursuing this idea, not altogether successfully, for a number of years, both with the Americans and now with our European allies. So far as Western European Union is concerned, it exists for more things than co-operation in arms development.

Blue Streak and Thor Missiles

asked the Minister of Defence the total estimated cost of developing the Blue Streak hydrogen bomb rocket and of building launching sites for it; how many sites it is planned to build in Great Britain; and if he will consider halting the projects in order to lessen international tension and the danger of making this country more vulnerable.

Can the Minister state that the reported cost of £150 million is approximately correct? If one of these missiles is launched by accident or by design, is it not obvious that there will be a military retaliation in which our people will be wiped out? What kind of defence is this? Has the right hon. Gentleman seen the maps prepared by Lord Simon of Wythenshawe, showing the devastation which would be caused if a bomb were dropped on Manchester? Will he prepare similar maps for other parts of the country to show the folly of this policy?

Of course, if a thermonuclear bomb is dropped anywhere it will devastate a large area, but that is not the issue here. I am satisfied—and I think that the great majority of people are satisfied—that the addition of this weapon will increase the effectiveness of the Western deterrent. So far as the question of whether the possession of these weapons will increase the vulnerability or the likelihood of this country being attacked in retaliation, I would point out to the hon. Gentleman and to his colleagues on the benches opposite that Great Britain has been a first-class military target for any enemies of this country ever since the Labour Government, very rightly, decided to manufacture British atomic bombs and to give the United States bomber force facilities and bases in this country.

Cannot this missile, apart from its military use, be used for scientific purposes, and can the right hon. Gentleman tell us whether it will be used for a satellite or anything like that?

We are talking now about the Blue Streak rocket. I have no doubt that all these things will have scientific applications, and there is no doubt that the progress of peaceful science has derived a great deal from the efforts put into military developments of all kinds for many years.

asked the Minister of Defence what are his plans for manufacturing in this country atomic warheads for the British Blue Streak missile and the United States Thor missile.

The nuclear warheads for the British ballistic rocket will be made in Britain. We are not planning to make British warheads for the American Thor weapon.

Can the Minister say whether, in view of the Paymaster-General's statement yesterday about military plutonium, the increased cost to the atomic energy stations will be borne on the Defence Estimates so that we may get a true picture of the cost of our own atomic weapons?

Forces, Cyprus

asked the Minister of Defence what forces were stationed in Cyprus on 1st May; what forces have since been despatched to the island; and for what purpose.

In view of the unsettled situation, it was recently decided to reinforce the garrison of Cyprus with two additional brigade groups. It would be contrary to normal practice to publish figures of total forces on operational duties overseas.

Is the right hon. Gentleman aware that the terms of his answer, in view of the unsettled situation, could easily apply to the whole of the Eastern Mediterranean and only add credence to the fears that these forces which are going there may be for intervention in the Lebanon? Will he make perfectly clear what is the intention of the Government and what is the boundary of the term "unsettled situation"?

I should have thought that the hon. Gentleman, reading the newspapers, would have seen that the unsettled situation in Cyprus was quite enough to justify large reinforcements to that area.

In regard to the reinforcements and my hon. Friend's previous Question, we were given several undertakings during the period of the Labour Government that no boys doing their National Service would be sent abroad under a certain age or before having done a certain number of months' training. Is that now being applied?

Plutonium Supplies (Nuclear Power Stations)

asked the Minister of Defence what decisions he has taken to arrange that plutonium for weapons will be produced at atomic energy plants designed for peaceful uses.

This is the Question to which I referred the hon. Member for Lincoln (Mr. de Freitas).

I would refer the hon. Member to the full statement made by my right hon. Friend the Paymaster-General yesterday.

The Minister is getting more and more laconic and less and less impressive in the House. Is he aware that we thought that he was sent to his present position to reduce expenditure, whereas the increased cost of his latest decision is to put between £12 million and £15 million on our national bill? Is he also aware that this means a massive increase in national expenditure in the sixties, which will be the time when we need to use these atomic plants for industrial purposes?

If the hon. Gentleman is concerned about expenditure, all I can say is that these modifications, at a relatively small cost, will have the effect of greatly reducing the cost involved in making this additional military plutonium, should the need arise.

My question was much simpler. While not dissenting necessarily from the increased charge being put on, I should like to know if this money will be accounted for in the Defence Estimates so that we may know what the cost of this is?

The cost will be borne on the Defence Vote and, therefore, will not affect the cost of electricity.

The Lebanon

asked the Minister of Defence the nature of the routine precautions in the field of defence which Her Majesty's Government are taking in relation to the situation in the Lebanon.

We have endeavoured to put ourselves in a position to meet any possible eventuality.

Is the Minister aware that he is getting less and less impressive as time goes on? He is supposed to be here to answer Questions and not to dodge them. Can he give a definite assurance that these troops, who were so enthusiastic about going to Cyprus, will not be used in another Suez venture in the Lebanon?

My right hon. and learned Friend the Foreign Secretary gave a definite assurance the other day that no action would be taken contrary to the United Nations Charter or to the established rules of international law. That should satisfy the hon. Gentleman.

May I say that that is not quite satisfactory? May I ask the right hon. Gentleman whether it is in accordance with the rules of the United Nations Charter as interpreted by the United Nations or by the Government?

I believe that my right hon. and learned Friend the Foreign Secretary will deal later on with Questions on this subject which are on the Order Paper.

I am asking the right hon. Gentleman. I am asking him a question to elucidate what the right hon. Gentleman said. He was very tart with my hon. Friend the Member for South Ayrshire (Mr. Emrys Hughes). I should like him to be a little more explicit. He said that these troops were stationed where they are in anticipation of any eventuality that may arise. He said that they would only be used in connection with the Charter of the United Nations and with our international obligations. Who is to interpret the Charter—ourselves or the United Nations?

I have not so far mentioned the word "troops" in my reply to the hon. Gentleman. We do, in fact, maintain troops in Cyprus for two purposes. One is to carry out internal security duties, and the other is to have a reserve to meet possible eventualities in emergencies in the Eastern Mediterranean area. I think that the recent outbreak of inter-communal strife, as the House will recognise, made it essential to increase the forces necessary to keep order in that area, while preserving the normal reserve which we have there for outside emergencies. If we had not sent this additional force there, we should not have had enough to deal with the internal security problem and we should have had to commit to police duties the reserve force which we normally preserve as a precaution in that area.

In view of the profoundly unsatisfactory nature of the reply, I beg to give notice that I will raise the matter on the Adjournment.

Cyprus Airlift

asked the Minister of Defence whether he will make a statement on the recent airlift to Cyprus.

About 6,000 men and about 200,000 lb. of freight were transported from Britain to Cyprus in Hastings, Comet, Beverley and Shackleton aircraft of the Royal Air Force. The movement was carried out with commendable efficiency by all concerned.

Does not the operation show clearly that there is a grave lack of transport freight aircraft for such an operation? Is it not now time to let the Air Ministry consider the purchase of additional freight transport aircraft to enable it to do the job which is imposed upon it by Government strategy?

I think that for the operation which was carried out the aircraft proved most adequate. I should like to emphasise that the operation was not carried out at maximum speed. That was not necessary. It was thought right to give the troops reasonable warning to make their private arrangements before they left. It was not necessary to transport large quantities of freight to Cyprus. One of the elements in our policy, as I have explained to the House, is to keep stocks of heavy equipment in various theatres where they can be available and need be transported only the short distances which are necessary within the theatre.

Were any of these troops, who, I take it, were part of the strategic reserve, moved by civil aircraft, as was reported in the newspapers? Is the Minister satisfied that in time of emergency, much more urgent than that which caused these troops to be sent to Cyprus, he has sufficient aircraft to make the move quickly?

I should like to check it, but I think I am correct in saying that no civil charter aircraft were used for this move. Replying to the general question, of course I should like to have a larger Transport Command to carry out reinforcements. That is why we have ordered twenty Britannia aircraft. When they are received it will greatly increase the airlift of Transport Command. As the strength of the Army goes down, the carrying capacity of Transport Command will be going up.

Compassionate Leave

asked the Minister of Defence if he has yet completed his examination of the question whether Service men who are granted compassionate leave should have their normal leave reduced.

Yes, Sir. It has been decided that in all cases the grant of compassionate leave shall, in future, not be allowed to affect entitlement to normal leave.

Is my right hon. Friend aware that this is the first Question which he has had to answer today from this side of the House? Is he aware that the Answer is extremely satisfactory and will be welcomed on all sides of the House? Does it not show that in pursuing a practice which is in accordance with the best practice in industry, my right hon. Friend is a progressive and forward-looking Minister whom the House should be pleased to congratulate?

Is the Minister aware of the deep sense of grievance among some of the parents of the boys who have been airlifted to Cyprus that they were not given the normal embarkation leave? Is he aware that there is a feeling of great inequality about this matter, since the members of the Brigade of Guards apparently had four days embarkation leave before they were sent abroad? Will the Minister see that these inequalities do not recur?

I do not think there will be any sense of grievance about the reply I have given, which, of course, dealt with an entirely different point from that raised by the hon. Member for Norwich, North (Mr. J. Paton).

UNITED NATIONS (ISRAELIARAB BORDERS)

asked the Secretary of State for Foreign Affairs (1) what action he has taken, or proposes to take, through the United Nations Organisation, to clarify the responsibilities and powers of the individual members of the United Nations Observer Corps on the Israeli-Arab borders; what steps he is suggesting should be taken to strengthen their authority; and what action is to be taken to provide more assurance for their personal security;

(2) if he will instruct the United Kingdom delegate to the United Nations to press for the necessity for the fullest possible inquiry into the shooting of Lieutenant-Colonel Flint, Chairman of the Israeli-Jordanian Mixed Armistice Commission.

I am sure that this House would wish to be associated with the sympathy already expressed to the Canadian Government on the death of Lieutenant-Colonel Flint. On 17th June the Secretary-General of the United Nations circulated a report on the matter by the Chief of Staff of the United Nations Truce Supervision Organisation. This document is available in the Library of the House.

I think it is for the Truce Supervision Organisation itself and the Secretary-General of the United Nations to say what support they need to enable them to carry out their task. But Her Majesty's Government have always made it plain that they stand behind Mr. Hammarskjold in this, and I know he has been taking a very active interest in the matter just recently.

Is the Minister aware that I speak with some feeling on this matter since I had the privilege of spending some time in the company of Colonel Flint a few weeks before he was shot through the head on Mount Scopus? I distinctly remember his saying to me that as a professional soldier he did not mind being shot at but that he did wish to know what was the objective to be secured. Is it not a fact that we are posting men out there with immense responsibilities but with practically no powers and no means of self-protection? Have we not a special responsibility, as the United Kingdom Government, to ensure that we look to the basic causes of unrest there, and that if we have a United Nations Force it is not only charged with responsibility but has powers to carry out this responsibility?

There is a great deal in what the hon. Member said, if I may say so. We will certainly pursue the matter with the Secretary-General.

ICELAND (CLOSER CO-OPERATION)

asked the Secretary of State for Foreign Affairs whether he will give consideration to ways of ensuring closer co-operation with Iceland.

Yes, Sir. Her Majesty's Government are anxious for this closer co-operation.

Does my right hon. and learned Friend think that there is any opportunity to help Iceland to decrease her economic dependence on fishing by obtaining some diversification in her forms of livelihood? Does he think we could help by advice or by offering any means of exchange of new industries to help forward Iceland's economy?

I think my hon. Friend is quite right in her suggestion. For example, we have recently provided experts to take part in a study, which the Icelandic Government asked O.E.E.C. to undertake, of a new plant in Iceland which would have the effect of diversifying her industries. We will certainly do all we can to help.

In view of the urgent necessity to conserve the spawning grounds of fish in the North Sea, does not my right hon. and learned Friend think that a fresh approach might be made to the Icelandic Government to see whether we could not come to a settlement on a scientific rather than a political basis and protect some of our own spawning grounds, for example, the Moray Firth, as well as their spawning grounds?

We shall be ready to do that. I shall be very willing indeed to enter into negotiations with the Icelandic Government.

HONG KONG (REFUGEES)

asked the Secretary of State for Foreign Affairs whether, in view of the refugee problem which imposes a heavy burden on the Hong Kong Government and the fact that the money is raised in the Colony for these refugees, he will make a further special grant available through the United Nations High Commissioner for refugees of European origin in order that they should be able to leave the Colony without any delay due to financial difficulties.

I know that the High Commissioner views the present situation with considerable concern. I am therefore re-examining the problem with particular regard to the question of onward movement from Hong Kong. By 1st July, about thirteen hundred refugees should have been moved on since 1st January of this year, and the objective is to move a further two thousand three hundred during the second half of the year.

While thanking my right hon. Friend for that information, may I ask him whether he would like any assistance from me with the Treasury?

I would always be obliged to my hon. Friend for any assistance in a good cause.

HUNGARIAN LEADERS (EXECUTIONS)

asked the Secretary of State for Foreign Affairs what action he proposes to take, either inside the United Nations or in consequence of the obligations of Her Majesty's Government under the Treaty of Peace with Hungary, on the execution of Prime Minister Nagy, General Maleter and their associates by the Hungarian authorities.

asked the Secretary of State for Foreign Affairs (1) in view of the obligations of Her Majesty's Government under the terms of the Hungarian Peace Treaty, what action Her Majesty's Government propose to take following the execution of Prime Minister Imre Nagy, General Pal Maleter and two other leaders of the Hungarian people; and whether he will make a statement;

(2) on how many occasions the British delegate at the United Nations raised the question of the whereabouts of M. Nagy and his colleagues in pursuance of his undertaking of 11th February, 1957.

asked the Secretary of State for Foreign Affairs whether he will instruct the British delegate to the United Nations to express the abhorrence of the British nation at the murder of Mr. Imry Nagy and his associates in the discussions that are to take place in the United Nations on this matter.

The indignation aroused by the execution of these men in spite of the safe conducts offered to them is shared by Her Majesty's Government and, I am sure, by the whole House, and I welcome this opportunity of placing this on record.

As regards the particular points raised by hon. Members, the provisions of the Peace Treaty with Hungary have long been frustrated by the Soviet and Hungarian Governments, and there is no prospect that any representations made under the Treaty would be effective.

The Special United Nations Committee on Hungary set up in January, 1957, is considering the executions.

The whereabouts of Mr. Nagy was not raised in the United Nations debate of September, 1957. He was believed then to be in Roumania, and reliance was placed on the assurances which had been given by the Roumanian Foreign Minister that every measure would be taken to guarantee his security and that the Roumanian Government would observe the rules of political asylum.

Would my right hon. and learned Friend not agree that the action of the Hungarian Communists in betraying the safe conduct and in subsequently murdering their Prime Minister shows that the word of a Communist cannot be trusted and that some action is demanded by the United Nations if an international rule of law is ever to be established?

I think that public opinion throughout the world will draw the appropriate inference from these actions. As to United Nations action, as I have said, the Special Committee is considering the matter.

Is the Foreign Secretary aware that the real damage arising from this, apart from the personal tragedy involved, is that once one's word is broken on one matter it is very difficult to gain confidence on wider issues, and would he make it his specific responsibility to bring this point to the notice of the Soviet Government?

Is the Foreign Secretary aware that the feelings of repugnance that have been aroused by this action of the Communists in Hungary are shared by hon. Members on this side; but is he also very well aware that, in the interests of international peace, we should not let our vision be obscured by atrocities of this kind?

I think that the right hon Gentleman is perfectly right. It does, however, give us stronger ground for pursuing a policy of trying to get agreements compliance with which can be proved by deeds.

Can my right hon. and learned Friend say whether he has any information about other trials that may be pending, and whether deportations are still continuing?

Is not the right hon. and learned Gentleman aware that it is precisely because we believe that it is concrete obligations that should be undertaken and not vague generalisations that we have put forward definite proposals from this side?

I was not seeking to raise an element of controversy between us. I thought that, for once, there was some agreement between us.

NUCLEAR TESTS

asked the Secretary of State for Foreign Affairs what steps Her Majesty's Government have taken to prepare a draft scheme for the system of international inspection required to ensure that an agreement to suspend nuclear tests will be observed; and whether they will lay this scheme, as a basis for discussion, before the Committee of Experts who are to consider the matter.

We have been considering this matter for some time. Our experts will be ready to put forward and discuss constructive proposals at the Geneva meeting in conjunction with the other experts. The importance which we attach to this meeting is, I think, shown by the fact that Sir William Penney and Sir John Cockcroft have been nominated as the principal United Kingdom representatives.

While thanking the Foreign Secretary for that reply, may I ask whether I am right in understanding that our experts will put forward a concrete plan showing what measures of control we are ready to accept?

Certainly our representarives will put forward proposals, and the proposals will indicate the measure of control that we ourselves are prepared to accept.

asked the Secretary of State for Foreign Affairs whether he will specify the Governments which are to be represented at the forthcoming conference of experts to be held in Geneva on 1st July, their terms of reference, and the date by which they have to report.

As a result of exchanges of letters between President Eisenhower and the Soviet Prime Minister, it has been agreed that, on our side, the team for the Geneva talks will include experts from the United Kingdom, the United States, France and Canada. On the other side, we have been informed that Soviet, Czechoslovak and Polish experts will take part. The purpose of the talks is to examine in a scientific and technical sense methods of detecting violations of any agreements that may be proposed by either side on the suspension of nuclear tests. Both sides agree that the experts will work as quickly as possible. I cannot yet say when they are likely to report.

In view of the widespread resentment and mistrust which has been created by the recent executions of Mr. Nagy and his associates, may we take it that it remains the intention of the Government to make use of the opportunity that this conference affords in order to achieve results in the methods of supervising and controlling any agreement which may be reached on the suspension of nuclear tests?

FISSILE MATERIAL (PRODUCTION)

asked the Secretary of State for Foreign Affairs to what extent Her Majesty's Government are prepared to accept the system of international inspection embodied in the Statute of the International Atomic Energy Agency, which came into force in October, 1957, for the control of the cut-off of new production of fissile material for warlike use.

The International Agency has not yet considered the methods to be used in implementing the safeguard provisions in the Agency Statute. It would therefore be premature to estimate how much there is likely to be in common between the Agency scheme and any scheme appropriate for control of the cut-off.

Am I not right in reading the Statute to mean that there shall be a system of permanent, continuous inspection by resident inspectors of the kind that the Foreign Secretary urged on the Russians in 1954?

I have the Statute with me, and all I can say is that, on my reading of it, I think that it is rather vague as to how exactly these various obligations are to be carried out.

DISARMAMENT

asked the Secretary of State for Foreign Affairs what proposals for the reduction of the armed forces of the leading powers and of their conventional armaments were laid before the United Nations Disarmament Sub-Committee during its session in London in 1957.

The information which the right hon. Gentleman requires is contained in the report on the proceedings of the Disarmament Sub-Committee, Command 333, a copy of which has been sent to him.

I am familiar with the document, but can the right hon. and learned Gentleman tell the House what the reductions in Western manpower would have been under these proposals, and what types and quantities of arms would have been stockpiled in the dumps on national soil for which they provided?

I really think that if the right hon. Gentleman will look at the document he will find that that information is therein contained.

I have examined it with the very greatest care, but, so far as I can make out, the proposals make no reduction in Western manpower, and there were no proposals as to the types or quantities of arms to be stockpiled. It is precisely that information that I am asking him to give to the House.

The reply to the first part of the right hon. Gentleman's supplementary is that he is quite wrong. Definite figures were put down for reduction: in the first stage, down to 2½ million, and 750,000 for us; in the second stage, 2,100,000, and 700,000 for us; and in the third stage, 1,700,000, and 650,000 for us. I think that the right hon. Gentleman is right on the other matter. Precision was not given to the actual reductions in armaments. The right hon. Gentleman, who, I hope, wishes to be fair in this matter, will remember that this is one of the points about which we have sought again and again to have discussions with the Russians.

I have every desire to be fair, but, as I understand it, the figures that the Foreign Secretary has quoted would not mean any reduction for the Western Powers at the first stage and, in the second and third stages, would not operate until undefined political conditions had been fulfilled.

In the first stage, it is true that the figures for the United Kingdom did not involve any reduction, because we had previously announced that the total of the Armed Forces was coming down substantially below that figure. I should think that was to our credit, not to our discredit. I am informed that it did involve a reduction for the others.

SPAIN (BRITISH PROTESTANTS)

asked the Secretary of State for Foreign Affairs if he will lodge a protest with the Spanish Government against the continued discrimination against Protestant British subjects in Spain and, in particular, the denial to British Protestants of the right to contract a civil marriage.

If the hon. Member will send me details of any particular cases he has in mind I will certainly look into them. I know of no discrimination against British subjects as such, but Spanish regulations only permit civil marriage to those who can show that they were not baptised Roman Catholics.

I certainly will send details to the Foreign Secretary, but will he bear in mind that I have had representations that the increasing number of British tourists there are quite scandalised by the discrimination against Protestants in Spain?

If the hon. Gentleman will give me any particulars, I will be only too glad to take them up.

THE LEBANON (SITUATION)

asked the Secretary of State for Foreign Affairs whether he will now make a further statement on the situation on the Lebanon-Syrian border in view of his discussions on this matter with other Governments.

asked the Secretary of State for Foreign Affairs what requests have been received from the Government of the Lebanon for arms and military intervention; and what is the intention of Her Majesty's Government in relation to these requests.

asked the Secretary of State for Foreign Affairs if he will make a statement on the consultations between the United States Secretary of State and British representatives on the Lebanon situation on 15th June.

asked the Secretary of State for Foreign Affairs whether he will now make a statement on Her Majesty's Government's policy in the United Nations towards the Lebanon-Syria dispute in so far as it affects world peace.

asked the Secretary of State for Foreign Affairs what reports have been received from the Secretary-General of the United Nations concerning the situation in the Lebanon; and if he will make a statement on the situation in the Middle East.

As a result of the submission of the matter to the Security Council, United Nations observers have been sent to the Lebanon and are attempting to operate there.

Before he left New York, the Secretary-General circulated a report, dated 11th June, on the implementation of the Security Council Resolution. A copy of this is available in the Library. I had a talk with Mr. Hammarskjold on 18th June when he passed through London. I assured him of our full support in implementing the Security Council Resolution. We await any recommendations he may put forward as a result of his visit to the Middle East.

With regard to arms, I have nothing to add to the Answer my right hon. Friend gave to the hon. Member for Merthyr Tydfil (Mr. S. O. Davies) on 11th June. No request for military intervention has been received from the Government of the Lebanon.

The answer to the Question asked by the hon. Member for Newcastle-under-Lyme (Mr. Swingler) is, "No, Sir."

Can we have an assurance that the Government will not participate in any military intervention in the Lebanon except upon the direct authority of the Security Council or the General Assembly and following conclusive reports from the United Nations observers who are at present in the Lebanon that there has been a direct attack upon the Lebanon by another country?

I think the right hon. and learned Gentleman asked me a similar Question on 19th May and I answered then that Her Majesty's Government would not act contrary to the Charter or to the established rules of international law. That remains our position.

I am asking the Foreign Secretary something quite specific this afternoon. I am not asking whether his assurance refers to the legal interpretation of the Charter but whether, in fact, the Government will give an assurance that they will not participate in any military intervention without the direct authority of the United Nations. I am asking whether he will give an assurance that they will not participate in any military intervention in the Lebanon except upon the direct authority of the Security Council or the General Assembly.

I have given a very carefully considered Answer—[ Interruption. ] I do not believe that any Government would answer this Question differently. I do not think that it is profitable to consider various hypothetical possibilities, but what I do assure the House is that we will give full support to the United Nations operations that are going on. I think that that is the constructive way to approach the matter. And I tell the House absolutely frankly that we will do everything we can to make the operations a success, because I think that they are the only effective way to secure peace in the Lebanon.

Is the right hon. and learned Gentleman aware that, following his last statement, he will have the full support of this side of the House? But in view of the statement of the Minister of Defence and the Foreign Secretary's answer this afternoon, there is now a most undesirable ambiguity about the situation. Is it not a fact that our position is that the body responsible for interpreting the obligations of members of the United Nations under the Charter is the United Nations authority itself and not individual nations? If individual nations themselves interpret what the Charter means, or what international law means, we have gone away from collective security back once more to unilateral action. Therefore, why will not the right hon. and learned Gentleman give an undertaking, so as to remove all doubts, that the Government will not act in the Lebanon except on authority given either by the Security Council or by the United Nations General Assembly?

The right hon. Gentleman is not correct. For example, action under Article 51 is the responsibility of the individual Government—collective self-defence. There are certain circumstances which are not covered by the formula of acting only under the authority of the United Nations. I have given a very carefully considered answer on the legal aspect of the matter. As to the reality—the practical policy of the Government—we are going to give the fullest possible support to the present United Nations operation.

Will the Foreign Secretary give an assurance that we will not act in an armed way in the Lebanon except in self-defence?

Article 51 is one of the matters involved. For example, the President of the Lebanon has just said today that he would not ask for military intervention outside the framework of the United Nations. He also talked about Article 51. I maintain that no person in my position would depart from the formula which I have given.

While welcoming the statement by the Foreign Secretary that he intends to support the United Nations up to the hilt, may I ask him to make clear that he will not countenance any intervention in the Lebanon which is contrary to the decisions of the United Nations or is due to internal causes and not external causes?

My formula—"contrary to the Charter or to the established rules of international law"—covers the position.

Is the Foreign Secretary aware that suspicions have been aroused on this subject because apparently right hon. Gentlemen and hon. Gentlemen opposite have not yet realised the folly of Suez, and that if our troops were used, even in a successful intervention, this would invite immediate economic reprisals which would be disastrous for that small country? May I further ask what steps he can take to inform the House before our troops are used?

The hon. Gentleman will not draw me into a discussion of other matters. A lot of malicious people have been saying things in which there is no truth at all.

The Foreign Secretary's answer to Question No. 29 was "No". Are we to take it that there is truth in the Press reports that military conversations have taken place in Washington between United States and British representatives? There have been widespread reports in the British Press that conversations have taken place. Whether he likes it or not, is the right hon. and learned Gentleman aware that many people are recalling the military build-up and manoeuvres that preceded the Government's decision to intervene and make war in Egypt and are apprehensive because they recall the losses that this country sustained as a result of intervention, and that——

The House cannot compel Ministers to answer. It is unfair to other hon. Members to hold up Questions indefinitely.

As to the beginning of the hon. Gentleman's speech, he asked whether he could take it as a fact that certain things were discussed. He should not take it as a fact.

Will the right hon. and learned Gentleman keep in mind that there were exactly the same sort of cheers and jeers from this side of the House preceding the resignation of the late Prime Minister?

I hope there will be a rather more constructive attitude on this occasion from the Opposition.

BRITISH AND ITALIAN SOMALILANDS (DISCUSSIONS)

asked the Secretary of State for Foreign Affairs what proposals have been made by the United Kingdom Government during the recent talks between the Governments of the United Kingdom, Ethiopia, Italy and the United States of America on the future of the British and Italian Somalilands.

Discussions about the future of the Horn of Africa are continuing through diplomatic channels. These discussions, however, are confidential.

Is the right hon. and learned Gentleman aware that Ethiopian Ministers in Addis Ababa have said that they will accept the union of British and Italian Somaliland if the Ogaden is not included in the final settlement? Will the Foreign Secretary give an assurance that he will do nothing in this matter which will further disillusion the Somalis who have been very loyal in these difficult times?

As to the future of the Protectorate of British Somaliland, it is for my right hon. Friend the Secretary of State for the Colonies to answer. I think I have answered the Question which the hon. Member put on the Paper.

Is the right hon. and learned Gentleman aware that though supporters of that friend of the Opposition, Colonel Nasser, are making progress in Somalia, there is still in that country a great good will towards Britain? Will he undertake to study the whole question of economic aid to both Somalia and British Somaliland, together with the possibility of setting up a Greater Somalia?

Mr. Speaker, may I ask whether the observation of the hon. Member for Haltemprice (Mr. Wall) was not only offensive but intended to be offensive? Is the hon. Member acting in accordance with the conventions of this House when he refers to Members on this side of the House as being friends of Colonel Nasser?

I did not understand the hon. Member to confine the circle of Colonel Nasser's friends, as he called them, to any particular part of the House. I thought he used the expression meaning those who support Colonel Nasser in the Middle East and other places. It may have been offensive, but it was not out of order.

BRUSSELS EXHIBITION (BRITISH PAVILION)

asked the Secretary of State for Foreign Affairs how many people have visited the Government pavilion and the industrial section, respectively, at the Brussels Exhibition; and if he will make a statement.

Up to and including Sunday, 22nd June, the total number of visitors passing through the turnstiles at the United Kingdom Government Pavilion, the approach to which forms the main entrance to the United Kingdom site at the Brussels Exhibition, was 1,228,561. Most of them subsequently visited the Industry Pavilion, but no similar check is made on visitors to the Industry Pavilion and no detailed figures are available.

The United Kingdom's contribution to the Exhibition has earned most favourable comment on its originality of conception and quality of execution. It is a fine example of co-operation between Government and industry, to whose generous and effective support I should like to pay tribute.

I am very glad to hear what the Foreign Secretary has said, but is he aware that, perhaps inadvertently, the Press of this country has not given a good impression of what has been done over there and that it is very disappointing for our people who work there, especially when British visitors say that it is a great deal better than they have been led to expect? Secondly, will not the right hon. and learned Gentleman agree that we are losing a first-class opportunity in public relations by charging for some of our pamphlets? Is there time for him to look at this again, and could he not arrange for them to be issued free, as many other countries do?

I am much obliged to the hon. Lady for what she said in the first part of her supplementary. I think that what she has said, together with her original Question and my answer to her, will do something to correct the wrong impression which she says exists. As regards the second matter to which she referred, I will certainly look at it urgently.

Is the Foreign Secretary aware that those of us who have had an opportunity to visit the British Pavilion were very favourably impressed indeed by it, but we share my hon. Friend's regret that there are feelings among officials there that they have not had fair play in the British Press?

EMPLOYMENT

Lodging Allowances

asked the Minister of Labour whether he is now in a position to make a further statement concerning the lodging allowances scheme for workers compelled to leave their normal areas because of redundancy.

As I promised the hon. Member in my Answer on 30th April on this subject, I have kept this matter under review, but I have no further proposals to make.

Is the Minister aware that we in Coventry and, I imagine, others elsewhere are sorry that he has no further statement to make as yet? Does he hope that, perhaps in the distant future, he may still be able to reduce this waiting period?

I certainly will not promise to abolish the waiting period. I think it is of importance so that one may have a check on the prospects of employment in the home area. I am, however, frankly disappointed at the use made of the temporary transfer scheme. I will, however, keep the waiting period in particular under review.

Apprenticeship Council

asked the Minister of Labour whether he will make a statement on the constitution and scope of the proposed national apprenticeship council.

The Parliamentary Secretary to the Ministry of Labour and National Service
(Mr. Richard Wood)

The British Employers' Confederation, the Trades Union Congress and the Boards of the Nationalised Industries have decided to establish a council whose functions will include those suggested in paragraphs 84–86 of the report "Training for Skill". I am not in a position to make any further statement at present, but discussions are continuing and it is expected that the council will be set up in about a month's time.

Is the hon. Gentleman aware that his answer will give great satisfaction to those who are interested in the training of our young people? Further, does he recollect that the Carr Committee said that the national apprenticeship council should receive full co-operation from the Ministries of Labour and Education, and can he say how this co-operation between the Ministries and the national apprenticeship council has been brought about? Finally, has he considered whether it would be advisable to have someone on the council from technical education?

The question of whom the council eventually invites to join it in its deliberations and work is, obviously, a matter for the council to decide, and I cannot say more now; but I am quite certain that it will bear in mind what the hon. Gentleman has said when making a decision.

Retail Prices and Wages

asked the Minister of Labour what has been the percentage increase in the retail price index since August, 1951.

Will my right hon. Friend confirm that the comparative figure for 1945–51 was about 40 per cent?

How comes it that it has risen by 32 per cent. when the Conservatives promised to reduce the cost of living?

asked the Minister of Labour what has been the percentage increase in actual earnings since August, 1951.

Half-yearly inquiries covering manual wage earners in manufacturing industries generally and in a number of the principal non-manufacturing industries showed that in October, 1957, the average weekly earnings per worker had risen by 50½ per cent. since October, 1951. Figures for dates later than October, 1957, are not available.

Will my right hon. Friend agree that the contrast between the two figures he has given will be very widely appreciated as showing the great increase in the standard of living under the Conservative Government?

It is, of course, common knowledge on both sides of the House that there has been an enormous increase in living standards under the Tory Government.

Will the Minister not agree that this figure is quite misleading unless we have other details? How many more hours are being worked, for instance, to produce the increased earnings? Further, will he not say a word of congratulation to the workers for managing to increase their productivity despite all the efforts of the Government to keep it down?

Even if one takes rates of wages, the increase is 43.5 per cent., so the comparison still holds. The hon. Gentleman is quite wrong from his point of view to describe this figure as misleading; it is merely inconvenient.

Middlesbrough

asked the Minister of Labour the numbers of workers registered in Middlesbrough as unemployed at the latest date for which he has information; and what increase this represents above the numbers so registered four weeks previously.

One thousand nine hundred and forty at 16th June, an increase of 261 compared with 12th May.

asked the Minister of Labour how many workers formerly employed in the steel industry are registered at the Middlesbrough Employment Exchange as unemployed; and how many vacancies suitable for such workers are at present known to the employment exchange.

Three hundred and sixty-seven at 16th June. The number of vacancies notified by employers in the steel melting industry to employment exchanges in Middlesbrough and remaining unfilled at 11th June was 28.

Is the Minister aware that there is considerable misgiving on Tees-side and in Middlesbrough about this increase in unemployment among steel workers? Can he give a better assurance than his hon. Friend the Parliamentary Secretary to the Ministry of Power was able to give me recently when I asked whether the Government are ready with new projects to use steel constructional materials in case these numbers should increase?

It is true that the decrease, as I think my hon. Friend said in reply to the Question, is regarded, rightly, I hope, more as a fluctuation than as a permanent trend. We are trying, through such measures as the Distribution of Industry (Industrial Finance) Bill which we put recently before the House, to help in this sort of thing.

Do the Government still adhere to the policy contained in the White Paper on employment policy issued many years ago, and will the right hon. Gentleman move in quickly, if there is any substantial increase in these numbers, in order to increase steel consumption?

I cannot give a categorical undertaking on the second part of the right hon. Gentleman's supplementary question because that, I think, is not exactly within the province of my Ministry. As regards the first part, of course, full employment remains perhaps the chief primary aim in the domestic policy of the Government.

Is the Minister aware that, while we look with anxiety at the position in Middlesbrough, the position there is now becoming common throughout the whole steel industry? Will he whisper a word into the ears of his Cabinet colleagues, before they discuss any further capacity, about having a policy which will make the existing capacity more fully employed than it is at the moment?

Mr. Jerry Lee Lewis (Employment Permit)

asked the Minister of Labour on what grounds the United States singer Mr. Jerry Lee Lewis was recently given a permit to enter this country for a six-week tour of theatres and music-halls.

A permit was issued for this man under quota arrangements which have been agreed by my Department and with the Variety and Allied Entertainment Council of Great Britain for the employment of foreign variety artistes.

Is my right hon. Friend aware that great offence was caused to many people by the arrival of this man, with his 13-year old bride, especially bearing in mind the difficulty that others have in obtaining permission to work here? Will he remember also that we have more than enough "rock-'n'-roll" entertainers of our own without importing them from overseas?

This was, of course, a thoroughly unpleasant case, which was ended by the cancellation of the contract and the disappearance of the man. But, at the time the matter was before my officers, it was purely a question of a permit for employment, and his case was treated under the ordinary arrangements which apply to anybody.

NATIONAL SERVICE

Exemptions

asked the Minister of Labour why deferment from National Service is not granted to teachers who have passed the final examination for the Associateship of the Royal Institute of Chemistry in the same way as those who have taken a Third Class Degree at a university.

An extension of this nature could not be limited to associateship of this Institute alone and would involve drawing distinctions between different professional and academic qualifications which I should be most reluctant to undertake. Moreover, any further extension of the scheme to men with other science and engineering qualifications would deprive the Services of many men with technical or scientific training whom they cannot afford to lose.

Is my right hon. Friend aware that those who have taken technological courses of this sort feel that they are being somewhat slighted in that they do not receive the same sort of treatment as those with third class degrees receive, whom they regard as not their superiors, and, in many cases, as their inferiors?

I recognise that it is difficult to draw exact comparisons. In the precise case my hon. and learned Friend has in mind, I think that the award was one not regarded as equivalent to graduate level. If I were to accept the associateship of the Royal Institute of Chemistry, I should have to accept also that of many other bodies such as physics, the mechanicals, the electricals, civil engineering, and so forth. I feel that it is impossible to enter upon that.

AGRICULTURE BILL

As amended ( in the Standing Committee ), further considered.

Clause 6.—(PROVISIONS AS TO SUCCESSION TO HOLDINGS IN SCOTLAND.)

3.30 p.m.

I beg to move, in page 6, line 32, at the end to insert: ( a ) the landlord giving the notice to quit is not a landlord who acquired his interest in the estate as the heir-at-law or the legatee of a former landlord and. Subsection (3) provides that the security of tenure that has hitherto been enjoyed by a tenant who has succeeded to the tenancy will be removed and we are seeking to secure that it will not be removed if the action is taken by a landlord who, like the tenant, has acquired his interest in the estate as an heir-at-law or a legatee of his former landlord.

The Government have asserted that the tenant who is an heir-at-law or a legatee enjoys some security inasmuch as he has security for the residue of the lease, but, as I am sure that the Joint Under-Secretary will agree, this is of no help whatsoever to the vast majority of tenants in Scotland. If we are correctly informed, about 65 per cent. of them do not hold the tenancies on a lease at all, but hold them on what is called in Scotland tacit relocation. In those cases, if the tenant were to die now his successors would bear the full brunt of this Clause.

In a vast number of those cases the tenants have provided the fixed equipment. Certainly, for a number of years they have maintained and repaired it. They are the people who have built up the fertility of the farm in the belief that their families would enjoy the advantage and benefit of the work and enterprise that they have undertaken. These people have always taken the view that the security that they received under the provisions of the post-war legislation was most worth while and that has greatly contributed to the improvement of Scottish agriculture in recent years.

By the Amendment we wish to limit the category of person who can evict the tenant who is a successor. It may be a widow of 70 years of age whose husband has just died, or it may be a son of 50 years of age who is an expert farmer. The landlord who is an heir-at-law and who has only acquired his interest in the estate as an heir-at-law might be a young man with no personal knowledge of the farm or estate. Indeed, he may have his residence and place of principal business here in London, or even not in this country at all. Therefore, it would be quite wrong of us to provide that a successor to a landlord with no interest in the locality or district and no knowledge of the farm should be able to evict the widow of 70 or the son of 50 who has succeeded to the tenancy, particularly if the landlord who has succeeded to the estate has not spent any money on it.

If the Government take the view that tenancy rights should not pass from husband to widow or from father to son, then their principles or prejudices should apply equally to the landowner. The landowners have plenty of scope for eviction under Clause 3 without increasing it under Clause 6. Even with our Amendment landlords will have the opportunity to evict tenants quite unjustifiably in many cases. However, we want to limit the effect of Clause 6, and that is what we are seeking to do. I hope that the Amendment will be accepted by the Government.

I beg to second the Amendment.

The purpose of this Amendment is to restrict the number of landlords who will be able to give tenants notice to quit. To that extent, it will relieve fears among the farming community in Scotland, which has deep anxieties about what is likely to happen when the Bill has been in operation a couple of years. It will also curb and limit the opportunities of the speculator who is looking forward with interest to what is likely to happen under the Bill and to the power that it will give to the landlord to dispossess the tenant and then have the opportunity to increase the rent.

If the Amendment is carried it will not abolish but will limit the opportunities of landlords to exercise what have been their rights for a number of years, but which have been limited by previous legislation, to evict tenants and so secure the land for themselves, to do what they like and send up the cost of land. The speculators in land will not welcome the Amendment, but people who are interested in the future of the farming community and in the rights of tenants must look upon it as something which will go some way towards alleviating the hardship which will be undoubtedly caused by the Bill.

The Minister may say that the whole principle of hereditary ownership of land is at stake if the Amendment is carried. Of course, that is true. But why should a landlord who owns land, simply because he happens to be one of the 19 illegitimate children of King Robert II, have rights to give notice to a tenant who has done useful work in cultivating the land and making agriculture a success?

We know that the Ministers have a great affection for these kinds of landlord. We believe that these mediaeval customs and aspects of feudalism should go. However, the Government are trying to revive them in the Bill, and not only give them to the old nobility and landed gentry but hand them on to the new generation of land-owning speculators. It is our business to protect the farmer and agricultural worker against these possibilities. We can remove to a certain extent a little of the hardship likely to come on them by means of the Clause, if the Amendment is carried.

This is a most equalitarian proposal. I have never seen such a stupid Amendment on the Notice Paper before. It proposes to restrict the number of landlords who can give notice to quit. Speculators are people who buy land. They are not the heirs-at-law, but people who come in new, perhaps from making chemicals or being employed in a co-operative wholesale organisation, and who retire and buy a farm. They are left out of the Opposition Amendment, while the worthy ones are left in. The Amendment also leaves out limited companies.

The hon. Gentleman had an opportunity last night of bringing limited companies into the Clause, but he voted against our Amendment which dealt with limited companies.

The hon. Gentleman tried without success to bring limited companies within the ambit of the Clause. Today, he has left them out. The people left in cannot be heirs-at-law or legatees, and will be able to give notice to quit. The people who would be caught by the Amendment—if it happened to be carried, which is extremely unlikely—are the genuine heirs.

They are what I would call the best landlords in Scotland, the very people who ought to be encouraged. Those who have fostered the traditional friendship in Scotland between landlord and tenant, owner and occupier, on landed estates ought to be encouraged to look after their land. They have had a rough time, one way and another, over the last few years. They are the best, and they ought to be encouraged to make the best use of their estates, now that there will be a chance under the Bill. I hope that my noble Friend the Joint Under-Secretary of State will ask the House to reject the Amendment.

We have heard a very eloquent plea on behalf of landowners from the hon. Member for South Angus (Sir J. Duncan). It would have been more to the point if we had heard a plea on behalf of tenant farmers, who can be evicted, as the hon. Gentleman knows very well.

The Bill will create an immense amount of hardship to a large number of tenant farmers. My hon. Friends tried last night to include limited companies in a similar position, but, having failed, are now trying to save what is left. The Amendment appears to be rather strange. No one denies that, but the tenant farmer who is likely to be protected as the result of the Amendment does not care two hoots whether the Amendment looks strange or not. It seeks to protect tenant farmers who obtained their land as the result of the death of a parent, and so on. They are not concerned whether we put a strange Amendment into the Bill, but with whether we have done something to protect them. They will consider whether the Amendment saves something from the wreckage and gives security to people who are at present living in insecurity.

The Amendment would do these things, in spite of it appearing rather strange. I hope that the Joint Under-Secretary of State will say that he is prepared to consider the matter.

3.45 p.m.

My hon. Friend the Member for South Angus (Sir J. Duncan) truly pointed out to the hon. Member for South Ayrshire (Mr. Emrys Hughes) the exact limitations of the Amendment. Looked at even from the erroneous but understandable point of view of the hon. Member for South Ayrshire, the Amendment would confine the operation of subsection (3) to cases where the landlord giving notice was not a legatee or heir-at-law, but had acquired ownership of the farm by purchase.

That, I should have thought, was just as much against the spirit of what the hon. Member for South Ayrshire professes to want as it could possibly be. That is what hon. Gentlemen opposite will be voting for if they go into the Lobby on it. There can be no argument about that.

Would not the noble Lord agree that the Amendment would limit the number of farmers liable to receive notice to quit?

It might do that, but what about the unfortunate ones who are at the mercy of the speculators and purchasers whom the hon. Gentleman does not like? That is the point.

The hon. Member for Hamilton (Mr. T. Fraser) started his speech by reference to the 65 per cent. of tenant farmers who are on tacit relocation. He said that it was their successors who would bear the full brunt of the subsection. Let us see exactly what the full brunt will be, should it fall. That is a very material qualification.

For seven years from the time the Bill becomes law the successor to the remainder of the lease will have, after the lease has run out, a minimum of two years—it will very often be more than that—before he or she goes. That is part of the brunt. The other part of the brunt is that the successor to the remainder of the tenancy is to get full compensation if the Bill becomes law. Therefore, whatever may be thought of the policy which Clause 6 represents, nobody, looking at the matter fairly, can possibly say that the terms which will be carried out are in any way oppressive.

The hon. Member for Hamilton said that the successor to the remainder of the lease might be an expert farmer. He mentioned that, obviously, as part of his argument against what he maintains to be the unfairness of that possibly very expert farmer not being offered another lease. What, in fact, is likely to happen? What is likely to happen is that if that Man is an expert farmer he will be offered another lease by the landlord. That is exactly what will happen.

That is where the hon. Member is in error.

The Landowners' Federation is only too anxious for the maintenance of continuity, and that long leases should come back; and so, of course, are the Government. The former I regard as the more important lead in this matter, because it is in their hands. What will happen is that in the great majority of cases there will be new leases offered to the sons, certainly if they are expert farmers. Apart from an exceptional case where, for a particular reason, it is required to have the farm in hand, I cannot think of any case in which another lease would not be offered.

It really is an absurd exaggeration to talk about a burden and the brunt falling on the successors to the present tenants. It is worth remembering that there is no question of eviction from something to which they have a right.

Let me finish what I am saying. There is no question of eviction from a tenancy under a contract to which they are a party. They know that nothing can stop them enjoying the remainder of the contract until the end of the contract. It is absurd to talk of eviction from what one is not yet in. Yet that was the impression the hon. Member was trying to give when he was talking of evictions from tenancies not yet offered.

The hon. Member also said—I paraphrase his words—that if the Government think that rights should not pass from father to son automatically, that is, if they are tenants, then they ought to say the same about landlords.

I do not know why the hon. Member said this. I should like to know. But he did, if I am paraphrasing the hon. Member correctly.

There was one thing in this connection which interested me. I think it was significant. It was common to both the hon. Member for Hamilton and to his hon. Friend the Member for South Ayrshire. Neither of them so much as mentioned the fact that the landlord inherits obligations as well as rights. The words "inherited obligations" did not fall from the lips of either of the hon. Members. The fact is, as the hon. Member knows very well, that a landlord, whether he be young or old—and the hon. Member talked of young landlords knowing nothing about it—inherits these obligations from which he cannot escape.

Therefore, it is not a one-sided affair, that he should inherit the rights which are his due. He comes into what is his by law. Whether he wants to or not he thereby inherits obligations, and it is surely not unreasonable that he should inherit the reasonable rights of ownership which go with those obligations.

So much for the principle behind the Amendment. The Amendment would not necessarily achieve its object even if it were passed, for this reason, that an owner who had inherited a farm could perfectly well go through the motions of selling it quickly to a member of his family, to his wife, for example, who would then be in a position to give the necessary notice to quit.

Or could form a company. Therefore, it would be unwise in the extreme to accept this Amendment, which is unfair on its merits, and which, even if it were passed, would not work in the way in which it is intended to work.

The Joint Under-Secretary of State has talked the most awful nonsense in reply to this debate. [ Interruption. ] He thought it was rather good? I am not surprised that he thought it was rather good. Everybody else thinks that it was a very silly speech. He talked of obligations inherited by landlords. Are not obligations inherited by tenants at the present time?

On a point of order. Has the hon. Member asked the leave of the House to address the House again on this matter, Mr. Speaker?

The hon. Member is quite entitled to speak a second time on this Amendment. The Bill was considered in Standing Committee.

The Joint Under-Secretary called our attention to the fact that landlords do not inherit rights only, but also obligations. He said that I had omitted to mention this. I did not talk about obligations at all. He obviously and with deliberation omitted to mention the obligations of the tenants. Tenants, like landlords, have obligations in law. Tenants have obligations to farm their farms in accordance with the rules of good husbandry, and landlords have obligations to manage their estates in accordance with the rules of good estate management. By the Bill, I mention only in passing, the Government are deliberately easing the responsibilities of landlords for good estate management without easing the responsibilities of tenants for good husbandry.

The Joint Under-Secretary made his case against the Amendment by showing that, in his view, there is no need to give any security in law to tenants at all beyond the security given to them in a lease. If he does not know that he made that case I hope that he will read his speech carefully in the OFFICIAL REPORT, because that was the case he made, that they should go back to the old system of long leases, go back to the old system which operated before the 1948 Act. Does the hon. Baronet the Member for Fife, East (Sir J. Henderson-Stewart) say that I opposed long leases? I did not oppose long leases.

Will the hon. Member tell the House whether he is in favour of long leases?

Yes, I am in favour of long leases, but I am not prepared to rest entirely on the leases which have been granted by the owners. That is why, with the enthusiastic support of the hon. Member for Fife, East, about ten years ago we gave security of tenure to the tenant farmers of Scotland.

I repeat what I said earlier, that the tenant farmers believe that to be the most worthwhile provision which was written into the post-war legislation. Now the hon. Baronet, who was so enthusiastic ten years ago for the reforms which were then being made, is doing his utmost to whittle away those advantages which were given to the tenant farmers of Scotland, and to lessen the security of tenure which was then given.

4.0 p.m.

The Joint Under-Secretary said that we cannot take something away from a tenant if he has not already got it, that if he has no lease or tenancy we cannot take it away and, therefore, we are dealing with his successors. But the whole point of the Clause is to take away from tenants and their families something which they have had in law and not something written into a lease. It is the security given to them deliberately, not by mistake, ten years ago. Parliament then gave them a measure of security which they have never had before, and now the Joint Under-Secretary is taking it away from them, and he says that we cannot take something away from them which they do not have at present.

The noble Lord also says that we on this side of the House do not seem to fully realise the limitations of the Amendment. Of course we do. The immediately preceding Amendment, in

line 27, sought to take out subsections (3), (4) and (5) but you, Mr. Speaker, decided not to call it. We should like to see those subsections taken out of the Bill altogether. I cannot argue that now, but I do not want the Joint Under-Secretary to leave the impression that we are quite willing to let these subsections remain in the Bill with this small Amendment. Not at all, we want them all to go.

The hon. Member for South Angus (Sir J. Duncan) said that the Amendment says nothing about companies, but you Mr. Speaker, would not have permitted me to resurrect this afternoon the Amendment which the hon. Member voted down last night. I wanted to provide that companies should not be able to give notice to quit at all under the subsection, but the hon. Member said that they should, and now he complains that they will be the only people able to give notice to quit if the Amendment is accepted.

If the Clause is to stand we cannot protect 100 per cent. of the people affected by it. What we put forward in the Amendment will be protection for 90 per cent. and the Joint Under-Secretary asks, "If you cannot save 100 per cent., why save 90 per cent.?" Let us have the Amendment and save 90 per cent., and let the noble Lord and his noble Friends save the other 10 per cent. when the Bill goes to another place. In all the circumstances, it seems to us on this side of the House that it is worth saving the 90 per cent., and if the Clause looks quite silly when it goes to another place, let the noble Lord take out subsections (3) (4) and (5) altogether.

I hope that my hon. Friends will go in to the Lobby in support of the Amendment.

Question put, That those words be there inserted in the Bill:—

The House divided: Ayes 190, Noes 238.

Clause 7.—(AMENDMENT OF 11 & 12 GEO. 5, c. 48, AS TO INJURIOUS WEEDS.)

I beg to move, in page 8, line 5, to leave out "to other land".

On a point of order, Mr. Speaker. I understood that the previous Amendment in my name had been selected, namely, in page 8, line 5, to leave out from the first to "to" the end of line and to insert "destroy the weeds".

I did not intend to call that Amendment, but the hon. and learned Gentleman can discuss the point of it on this one.

The Amendment I have moved is designed to remove doubt. It makes it clear that we can require an occupier to prevent weeds from spreading even on his own land and that we need not, therefore, wait until there is a risk of weeds spreading on to somebody else's land. It was the hon. and learned Gentleman the Member for Northampton (Mr. Paget) who, during the Committee stage, was worried lest the words "other land" meant land in the occupation of some other person. This was not what we intended and this is the means by which I hope we can clear away the doubts in his mind.

I am grateful to the right hon. Gentleman for moving this Amendment. The old Corn Production Act has provided for about thirty years that there is a duty to one's own land and that a man has not got the right to neglect his land and allow it to become infested with weeds. It seemed to me to be a marked retrogression to return to the proposition that a man might abuse his own land to any extent so long as his weeds did not spread on to the land of a neighbour.

4.15 p.m.

That has been corrected in a measure, but I still prefer the words of my Amendment to those used by the Government. As far as I can see, the words used by the Government seem to give a kind of squatter's right to existing weeds. Apparently, the pre-notice weeds are all right and one can leave them as long as one likes; it is only the post-notice weeds which are involved and one has to deal with the situation that the weeds do not spread further.

I cannot see that the words I suggest are not sufficient. I suggest that instead of using the words "to prevent the weeds from spreading to other land", we should insert "destroy the weeds". I cannot see that my words are weaker, because I cannot think of any method by which one can destroy weeds without preventing them from spreading. Certainly, my words are inclusive of the words used by the Government. I would have thought they were more simple, that they deal with the existing weeds, and that they do not provide the comic situation of squatter's rights for weeds.

I hope that the right hon. Gentleman will say that he will look at the Amendment of my hon. and learned Friend. The Minister would not have had an opportunity of considering it when he put down his own, and the Amendment of my hon. and learned Friend is certainly more offensive to the weeds.

This is rather a question of dialectics. It is a very complicated subject. As the hon. and learned Gentleman the Member for Northampton (Mr. Paget) realises, I had considerable sympathy with the two points he raised in Committee. This is not quite as easy as he suggests. If I comment on what he said, it may be helpful to the House.

In Committee, the hon. and learned Gentleman argued that the Clause should give power to require the destruction of weeds, apparently because he regarded this as more drastic than the power to require weeds to be prevented from spreading. That is really the purpose of his Amendment which has not been called. I must point out to the hon. and learned Gentleman that some weeds, when they reach the seed bearing stage, can still spread their seed even if they have been destroyed by being cut down. In short, killing the weed does not necessarily prevent it from spreading. Therefore, I believe that my words are stronger in our common aim than are his.

Amendment agreed to.

I beg to to move, in page 8, line 19, to leave out "fifty" and to insert seventy-five".

It will probably meet the convenience of the House if I say that the following Amendment to line 21, after "hundred". Insert "and fifty" is of a similar character. These Amendments deal with penalties. The matter was raised in Standing Committee when the Minister said that he had an open mind. We are now putting forward a compromise suggestion which I hope will be acceptable to the right hon. Gentleman.

The hon. Gentleman the Member for Sunderland, North (Mr. Willey) is quite right in saying that we had a useful discussion on this subject in Committee. We were all rather open-minded in that we realised that it was extremely difficult to decide what should be the fair level for penalties of this kind. I gather that the hon. Member has done some thinking. I have done a little thinking, too, and I do not see why we should not agree. I am prepared to accept the Amendment.

I am so dumbfounded by the fact that the Government have at last accepted an Opposition Amendment that I cannot adequately express my gratitude.

Amendment agreed to.

Further Amendment made: In page 8, line 21, after "hundred", insert "and fifty".—[ Mr. Willey. ]

Clause 9.—(INTERPRETATION.)

The Joint Parliamentary Secretary to the Ministry of Agriculture, Fisheries and Food
(Mr. J. B. Godber)

I beg to move, in page 10, line 17, at the end to insert: landlord" and "tenant", as respects England and Wales, have the meanings assigned to them by section ninety-four of the Act of 1948, and as respects Scotland have the meanings assigned to them by section ninety-three of the Scottish Act of 1949. This is largely a drafting Amendment. I realise that it will incur the displeasure of the hon. and learned Member for Northampton (Mr. Paget), who feels strongly about doing these things by reference. I think he will agree that in this case it is logical that we should have the definition in this form, because the reference to "landlord" and "tenant" can be found in various places in the Bill where it is inevitable that it is by reference to these Acts. I think that it will simplify the position if we stick to the normal form in this way.

Why cannot we add, after these words, "which is"—and then give the definition?

I expected some protest from the hon. and learned Gentleman. Most of the reference to both landlord and tenant occurs in paragraphs which will be substituted for existing paragraphs in these Acts. The hon. and learned Member will agree that there is no need to put in the definition in those cases. There are one or two other references which do not occur in those sections. It would be wrong to have two different definitions, and it seems to me to be unnecessary and perhaps unwieldy to rewrite the definitions into the Bill, as some of them have to be by reference to the 1948 and 1949 Acts. I think that the hon. and learned Member's protest is not as strong as in some other cases, because here the position is simplified by using the reference in this way.

Here we have a paragraph of definition. I agree that we cannot repeat the definition whenever it is used, but why is it necessary to refer us to another Act without telling us what the other Act provides by way of definition? All we have to say is that these words as respects England and Wales, have the meanings assigned to them by section ninety-four of the Act of 1948, which is"— It is a line or two more, but it will save many people a lot of trouble. I wish we could get into the habit of doing it.

Amendment agreed to.

I beg to move, in page 10, line 42, at the end to insert: save that paragraph ( c ) of subsection (2) of the said section shall be repealed. This is no more than a drafting Amendment. My hon. and learned Friend the Member for Northampton (Mr. Paget) and I, not anticipating the success which we have had on a previous Amendment, thought that if we devised such an Amendment as this we should compel the Government to accept both.

I am obliged to the hon. Member for Sunderland, North (Mr. Willey) for the brevity with which he has moved the Amendment, but I am sorry that I must dash his hopes. The position is not quite as simple as he says and the Amendment is not just drafting.

I have a good deal of sympathy with his point of view in that the reference is to supervision orders under Part II, particularly paragraph ( c ). The paragraph reads: as to any other matters as to which directions may be given to an occupier of an agricultural unit where a supervision order under Part II of this Act is in force for the supervision of his farming of the unit. The main powers of Section 95, which we agreed in Committee should be retained, are provided in paragraphs ( a ) and ( b ), but in ( c ) there are residual powers to cover any other points not covered by ( a ) or ( b ). If we ever have to use the powers in Section 95 it is important that there should be no dispute that we have the full powers. We hope that it will never be necessary to use them, and I am sure that hon. Members opposite hope so, too, but if we do use them we must be quite clear about them.

I am advised that the reference to Part II is not invalidated by the fact that Part II is being revoked. It is purely descriptive. Such powers as would be used if the supervision order were still available are such powers as we could use in relation to Section 95. It is descriptive to that extent.

I have looked at the matter very carefully, because when I first saw the Amendment I thought that the hon. Member had seized on a good point. Initially, I intended to congratulate him, but I am sorry that I cannot now accept the Amendment. I am assured that to do so could give rise to difficulties later. It is only for that reason that I cannot accept it.

I am obliged to the hon. Member for his reply and I am comforted by the fact that he has a more tender regard for Part II than he appeared to have throughout our proceedings on the Bill. The subsection refers to directions which may be given where a supervision order under Part II of the Act is in force. Accepting the purpose of the provision as explained by the hon. Member, it still seems somewhat ambiguous. I will not press the matter further at this stage, but in view of the points which have been raised I am sure that he will concede that ambiguity might be caused. I hope that the right hon. Gentleman will consider clarifying this when the Bill reaches another place.

I looked at the position very carefully and I should gladly have done something to clarify it had I thought it could be done. The important words here are as to which directions may be given". It is purely descriptive in this case. I do not think that it will lead to misunderstanding. The directions which could have been given under Part II are well known and well defined, and it is probably better to leave the position as it is. I will take note of what the hon. Member said, but I cannot give him an undertaking.

In view of that, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

First Schedule.—(MINOR AND CONSEQUENTIAL AMENDMENTS.)

I beg to move, in page 12, to leave out lines 22 to 27.

This matter covered by this Amendment was discussed in Standing Committee. We are dealing with a provision of the 1947 Act which affects smallholdings. If I may summarise the Minister's argument against our proposal to take out this paragraph, he suggested that we had already wide powers under Section 57 and for that reason he was satisfied that he need not rely on Section 53.

I will briefly state to him the main points made by several of my right hon. and hon. Friends in Standing Committee. The first is that this deals with good estate management. In the different responsibilities of smallholdings, it seems that this specific provision imposing duties of good estate management should remain.

4.30 p.m.

The other point, which is rather different, and it is for the right hon. Gentleman himself to judge, is that if, by way of a paragraph in this Schedule, the right hon. Gentleman divests himself of this power, it might be interpreted as a lessening of his interest in smallholdings This was a point which some of my hon. Friends made in Committee. I suggested to the right hon. Gentleman that he might well have discussions with the local authorities about this, and we raise the matter again now because we were not altogether satisfied with the right hon. Gentleman's reply in Committee, and because we would much rather that Section 53 remained.

I should like to reassure the hon. Member for Sunderland, North (Mr. Willey) straight away that if I refuse to accept his Amendment it does not in any way mean that my interest in smallholdings is lessened. That is far from being a reflection of my feelings on this matter.

This Amendment would retain my power to direct smallholdings authorities to observe the rules of good estate management in managing their smallholdings land. At present, it is quite correct, as the hon. Gentleman pointed out, that Section 53 of the 1947 Act exempts smallholdings authorities from the provisions of Part II in regard to supervision orders, directions and dispossession. It puts in their place a special power of direction to carry out work to remedy bad management, and so forth, and if the authority disregards the direction there is power to enter, do the work and recover the cost.

There are sound reasons for not accepting the Amendment. First, I have made inquiries since we had the discussion during the Committee stage, when I said that this power had, in fact, never been used, and I find that not only has it never been used but that none of my predecessors in office since the passing of the Act have even contemplated using it. Therefore, this is a rather academic matter. I know the dislike of the hon. Gentleman opposite to the disappearance of the disciplinary side of Part II, but it is somewhat illogical to treat local authorities which are smallholdings authorities in a particular way, when the disciplinary powers have gone where owner-occupiers and others are concerned.

It is true that under Section 57 of the 1947 Act the Ministry will continue to have the power, where a smallholdings authority is not performing its functions satisfactorily, to direct it to exercise the functions in a required manner, or to take over those functions itself. It is the normal type of reserve power which is exercised with local authorities, and the repeal of Part II does not affect these reserve powers.

I have taken legal advice, and, though I understand that there may be some doubt whether we should be able to give a direction in respect of estate management after the repeal of Section 53, I am advised that if we cannot do that, the reserve powers under the second limb of Section 57 are, in fact, unimpaired, so that we could still take over any functions of a smallholding authority, including estate management matters. Therefore, we would still have the power, after the repeal of Section 53, to deal with smallholdings authorities which have defaulted in respect of these responsibilities for good estate management.

May I now summarise what I have said? It is a pity to single out this type of authority in a particular way when we are doing away with the disciplinary powers of Part II over other members of the farming community. Secondly, I think that it is a fairly academic matter, in that not only have the powers under Section 53 never been used, but neither the right hon. Member for Don Valley (Mr. T. Williams) nor any of my predecessors have ever contemplated using them. For these reasons, I would ask the hon. Gentleman whether he can withdraw his Amendment.

I am a little intrigued by the right hon. Gentleman's logic. I should have thought that one of the best justifications for having a birch rod is that one has never had occasion to use it. If we have a disciplinary power which is so effective that nobody has ever behaved badly enough for bringing it into being, I should have thought that that provided a full justification for that disciplinary power. There might be a case against bringing a new power into existence, but when we have this power in reserve, and when the end product, as they say in "Any Questions", is a smallholding authority that gives entire satisfaction to everybody, why should one go monkeying about with it? Why not leave it alone? That is all we are asking.

Amendment negatived.

I beg to move, in page 13, line 42, at the end to insert: Provided that membership of a county agricultural executive committee shall not disqualify a farmer or an owner of agricultural land from being included in such panels. This Amendment deals with a matter which we regard as of considerable importance. The Parliamentary Secretary will remember that I made an inquiry in Committee, and my right hon, and hon. Friends were surprised at the response we received from the hon. Gentleman. I say at once that by way of this Amendment we are raising the general principle, and I accept straight away that, if this Amendment is accepted, there would have to be certain consequential Amendments.

The principle which we are raising is simple, and I should have thought a most acceptable one. At present, the members of the county committees are debarred from sitting on or being eligible to sit on the tribunals because they exercise judicial functions, but one of the major purposes of the Bill—and one has only to look at the present Schedule to see with what thoroughness the Government have pursued their intentions—is to divest the county committees of all their judicial or quasi-judicial functions. In this new situation, it seems to us wrong to continue to debar members of the county committees from being eligible for membership of the panels from which the members of the tribunal are collected. We raise this matter again on two counts.

The first one, which is surely very relevant, as hon. Members on both sides of the House would probably agree, is that at present these people are exercising judicial or quasi-judicial functions. They have all the experience that ought to be made available to the tribunals, which, as a result of the Bill, are taking over the work from these committees. Surely, in view of their experience, these people ought to be specially eligible to serve in this capacity.

The second reason, and it is not unimportant, is also a point which I have emphasised throughout our discussions on the Bill. If the Government insist on their present attitude, this is an explicit vote of no confidence in these committees, which is not justified in the light of the Franks Committee's Report. Unless the Government accept the Amendment, they will be saying that we should debar the very people who have been exercising this function from exercising it in future. Their action could not be construed as otherwise than as a vote of no confidence in the activities of those people so far.

We must regard the Amendment as an expression of confidence in and a tribute to the work of the members of the committees. If the Government do not accept the Amendment they will be robbing the tribunals of people specially qualified to serve on them, and saying not only that those people should not undertake the functions which they now exercise, but that they have been exercising them in an unsatisfactory manner hitherto.

I have some sympathy with the Amendment, but, having given this matter a great deal of consideration and having considered the argument for both sides, I have come to the conclusion that I cannot accept it.

The hon. Member for Sunderland, North (Mr. Willey), correctly pointed out that under existing legislation members of C.A.E.C.s are rightly debarred from being members of the tribunals. The hon. Member explained the logic behind that decision which was incorporated in the 1947 Act. It is true that that argument will disappear when the Bill becomes law and that instead of going through the county agricultural executive committees cases will go straight to the tribunals. However, it is also true that members of C.A.E.C.s are rightly known to be agents of the Minister of Agriculture in the counties in which they serve, and experience has shown that people may doubt a system in which, on the one hand, a man is acting as part of the Government in one part of his duties, and, on the other, part of his duties con- sists of acting as a member of the judiciary.

As the House knows, in accordance with the Franks Committee's recommendations, I am giving to the Lord Chancellor and to the tribunals my place in these judicial matters, and, having done that, it would be inconsistent to allow my own agents to serve on the tribunals when the principle of the Bill is that the tribunals should be completely independent of Ministers.

Do we take it from that that it is the Government's intention to ban magistrates from taking any part in the public service?

That is a somewhat irrelevant interruption to the objective argument which I am trying to make.

I see the force of the practical consideration which the hon. Member for Sunderland, North mentioned, that a number of suitable people who are willing to serve on C.A.E.C.s would also be suitable to serve on the tribunals. In many ways, it might even make things easier if I could have accepted the Amendment. Having gone along with the hon. Member some way in this argument, I cannot accept his contention that to reject the Amendment is to express a vote of no confidence in county agricultural executive committee members.

As the hon. Member knows perfectly well, that is very far from the truth. I have paid genuine tribute in the past—and I repeat it now—to members of county agricultural executive committees for the way they have carried out their duties, some of which duties they have found to be unpleasant. They have always undertaken them with restraint, good judgment and skill, and it is in no way a criticism of them that I must now refuse to accept the Amendment. I must refuse to accept it because the whole principle of the tribunals is that they should be entirely separate from the Ministry.

4.45 p.m.

I am rather surprised that the right hon. Gentleman should reject the Amendment, for I have thought that it was one which he could have welcomed. It would not cost him anything and it would be a gesture to his county executive committees, who are now to be deprived of so many of their normal functions.

The right hon. Gentleman is not doing himself justice. My hon. Friend the Member for Sunderland, North (Mr. Willey) did not say that this was a direct criticism of the standard of county agricultural executive committees. He said that it was an implied criticism. It is implied that there is some weakness and that, but for that, the Government would have accepted the Amendment.

What functions have been taken from the C.A.E.C.s? They had the right to deal with notices to quit, certificates of bad husbandry and questions of estate management. Those are the three types of case which are to go to land tribunals. Some members of these committees have served on them for as long as nine years and they have an enormous experience of the type of case with which the tribunals will now have to deal. No one is more capable of bringing to bear sensible judgment on cases of notices to quit, certificates of bad husbandry and questions of estate management than a member of one of these committees.

Since the men who will be finally chosen are originally to be chosen by the National Farmers' Union—at either London or county level—and a number of names are to be sent to form a panel, is it not clear that the type of person will be similar to that appointed to the executive committees? If there is one person more than another capable of serving on the tribunals, it is a person who has served for years on a county executive committee.

If the Minister's attitude is not a direct criticism, it is an implied criticism that there is some inferiority between members of county executive committees and estate owners or farmers who are to sit on the land tribunals. We are not attempting to make party politics out of this matter, but it would be a compliment to county executive committee members if, now that they are to be released from their judicial or executive functions, they were given the opportunity of sitting on the land tribunals.

This is a very small matter, and if the right hon. Gentleman cannot change his mind—and he has not changed his mind very often in the last three months—that will show a lack of resilience and I hope that my hon. Friends will pay their compliment to members of county executive committees, who have rendered such valuable service to the State, by going into the Division Lobby.

I hesitate to make any suggestion to my right hon. Friend, but I have a great deal of sympathy with this Amendment. The number of good, qualified men in the country is limited, and it is the best of those men who are appointed to the county agricultural executive committees. In the same way, we want to have the best men on the land tribunals, and if my right hon. Friend could give this matter a little more consideration between now and the Bill's progress through another place, perhaps he might find some way of getting over the difficulty.

I am disappointed not only in the refusal, but in the grounds for the refusal. They were not only doctrinaire grounds, but such un-English doctrinaire ideas. This Montesquieu idea of the separation of power was adopted by the Americans, and I do not see why we should surrender our principle of government to American principles of government which are much worse, and have always worked much worse than ours. We have never had separation of powers right through our history of government. Judicial and executive functions have been mingled, and have been operated by the same people. When we crown our Queen, we give her the Sword of Justice and the Orb of Temporal Power. Those are the executive and the judicial functions exercised alike by the Queen as the fountain head of our government.

The administration of our counties has been done by the magistrates since the fourteenth century, exercising a number of executive and a number of judicial functions. All through our political system, and right through our history, there has been this intermingling of these functions, and to reject something which the Minister himself agrees would be convenient and useful, which is urged upon him by his hon. Friend the Member for Leominster (Sir A. Baldwin) and by my right hon. Friend the Member for Don Valley (Mr. T. Williams), not because it would not be convenient, not because it would not be useful but upon a purely doctrinaire ground—and that doctrine utterly alien to our tradition—seems an odd way of dealing with the situation.

I hope that the Minister will resist the Amendment, although it would be a good thing if he could widen the selection of persons for this panel. I am sure that he is not motivated in any way by lack of appreciation of the excellent work that the county agricultural executive committees have done in many spheres, but I do not share the view of my hon. and learned Friend the Member for Northampton (Mr. Paget) that the Minister's approach to this matter is doctrinaire. It is based on a very sound principle.

I believe that the agricultural land tribunals have earned for themselves a very excellent reputation. It is important that they should keep it, and it is very important that there should not be the remotest suspicion, even though it is, in fact, ungrounded, that the members of the tribunals are in any way linked with Ministry action in this respect. To avoid any such suggestion, the Minister should resist the Amendment.

As there have been a number of short speeches, I feel that it is courteous to the House to say that it is only with considerable regret that I must

ask my hon. Friends to vote against the Amendment, for the very reasons put forward so clearly by the hon. and learned Member for Cardigan (Mr. Bowen). This is no criticism of members of C.A.E.C.s but, as the hon. and learned Member has just said, there is the very important principle that there must be absolutely no shadow of doubt that these excellent people, who are, however, connected with the Executive—being my agents—are connected with the judiciary. That is an important principle. I have certainly nothing but the greatest praise for members of county agricultural executive committees but, in spite of my sympathy, I must, with considerable regret, ask my hon. Friends to vote against this Amendment.

We can only adapt the words of Burke to this curious situation. I support the old Tories like my hon. and learned Friend the Member for Northampton (Mr. Paget) and the hon. Member for Leominster (Sir A. Baldwin), against the new Tories represented by the Minister and by my hon. and learned Friend the Member for Cardigan (Mr. Bowen).

Question put, That those words be there inserted in the Bill:—

The House divided: Ayes 206, Noes 249.

5.0 p.m.

I beg to move, in page 15, to leave out lines 16 to 25.

This and the preceding Amendment, in page 14, line 32, to leave out from the beginning to the end of line 15 on page 15, which you have not selected, Mr. Deputy-Speaker, go together. In Standing Committee we discussed the preceding Amendment. However, they both deal with a similar point.

This provision which we seek to amend deals with Sections 10 and 11 of the Agricultural Holdings Act, 1948. It divests the Minister of certain powers which he has at present and transfers those powers to an arbitrator. The powers are those of determining the acreage of permanent pasture, and, in the specific case of this Amendment, of giving or refusing to a landlord a certificate so that he can obtain an injunction to restrain a tenant, where the tenant is exercising his rights of cropping arable land, so that his holding is injured.

This does not affect the powers of the Minister. It is no comfort to hon. Members opposite, for the Minister is not divesting himself of any powers. He is transferring those powers from himself to an arbitrator. For all practical purposes, the operation of these powers has been taken from the county committees and placed upon the shoulders of an arbitrator.

The right hon. Gentleman has already indicated in Standing Committee that he regards these powers as quasi-judicial. We do not take that view at all. It is obvious from the reference that I have made to the powers with which we are concerned that these are matters of agricultural policy. They cannot be decided distinct from policy questions. The Minister ought to remain responsible for policy, for it is unfair to place this responsibility on an arbitrator. Quite apart from that, we regard this as an abdication of the responsibility which the Minister holds, and again by necessary implication it is a reflection upon the county committees.

In Standing Committee I challenged the right hon. Gentleman to produce any evidence that there was any dissatisfaction or cause of dissatisfaction at the way in which the powers had been exercised by the county committees. It is unfortunate that we should find the Government taking unnecessary action, unnecessarily reflecting upon the county committees and also causing the impression that the Government are endeavouring as far as they dare to lessen their responsibility for this industry.

As the hon. Member for Sunderland, North (Mr. Willey) has said, we discussed a similar Amendment in Standing Committee. My right hon. Friend said that we look on these as quasi-judicial functions and as coming within the general orbit of the recommendations of the Franks Committee. It is for that reason that we are seeking to transfer these powers from the Minister to an independent person—in this case a qualified arbitrator.

We have debated this point on a number of different occasions and I recognise that there is a difference between the two sides of the House. But we feel that in the light of the Government's acceptance of the Franks Committee recommendations, there is no reason why these arbitrators should not be able to carry out this function just as competently. I do not accept that there is any question of a slight on the members of the Committees. I am sure that the members of the committees do not look at it in that way. As I have said, this provision is

purely for the purpose of implementing the general implications of the Franks Report.

The hon. Member said that these were questions of policy. I do not agree. This and the previous Amendment relate to Sections 10 and 11 of the 1948 Act. This Amendment is concerned with Section 11, the purpose of which, in the closing words of subsection (1), is to protect the holding from injury or deterioration. If it is a question of policy, it should be one of enduring policy whichever party is in power in this House. Surely, we all want to see that our farms are left in as good a condition when we leave them as when we take them over. Anybody who is concerned with agriculture should always accept that as a basic principle. I could not accept that it is a matter which should be subject to changes of policy.

This is a matter which, we think, comes within the orbit of the Franks Committee's recommendations. It is for this reason only that we ask the House to agree to the transfer of these duties. Therefore, we could not recommend the House to accept the Amendment.

Question put, That the words proposed to be left out stand part of the Bill:—

The House divided: Ayes 247, Noes 203.

I beg to move, in page 15, line 28, at the end to insert: (2) The following words shall be added at the end of paragraph ( b ) of subsection (2):— Provided that in the case of any such application notice thereof was given to the tenant at the time of the application". This matter is one of planning. Although this is rather complicated, the point I am endeavouring to raise in this Amendment is quite simple. When planning permission for the use of land other than agricultural land has been obtained, the tenant cannot counter notice. Planning permission has overriding effect. We accept that as reasonable and are not quarrelling about it, but at present there is no obligation on the landlord to notify the tenant that he is applying for planning permission.

What we seek to do by this Amendment is to place an obligation on the landlord to see that the tenant is notified of application for planning permission. I concede at once that it is unlikely that planning permission would be obtained without the tenant having the opportunity to be heard, but I am sure everyone will agree that this is of the greatest importance to the tenant who is using the land. Although it is unlikely that consent would be obtained without the tenant's being aware of it, I am informed that that has in fact happened on some occasions. I have been told that there have been one or two occasions recently. For that reason, I move the Amendment and hope that the Government, whether they accept it or not, will at any rate be able to accept the principle and to provide that a tenant should in all cases be notified that an application for planning permission has been sought.

On this occasion I have a great deal of sympathy with the Amendment which the hon. Member for Sunderland, North (Mr. Willey) has moved. I appreciate the particular force of the arguments he has advanced, and which can be advanced, in favour of it. This is a, matter on which the Franks Committee recommended that the tenant should be informed of planning application and allowed to state his views. The Committee pointed out that this was particularly desirable in the case of agricultural holdings since the grant of planning permission removes such statutory protection as the tenant otherwise enjoys against a notice to quit.

I certainly do not disagree with that approach at all, but I am afraid that the working out of the Franks Committee recommendation would not be quite as simple a matter as might appear. The recommendation was not limited to agricultural tenants; indeed, it was not confined to tenants at all, but covered everyone with a direct interest in the land. Where, for example, a third person, who was neither the owner nor the occupier, applied for planning permission, the Franks Committee considered that both the landlord and the tenant should be informed and allowed to state their views. It is clear that the problem is a general one which ought to be considered in the context of general planning legislation—that is the difficulty with which we are faced—perhaps leading to amendment of the Town and Country Planning Acts.

I am afraid it is not a suitable matter for incorporation in this Bill. I would stress that the Bill does not affect the law on this point. We are not changing the law as set out in the Agricultural Holdings Act, 1948, and the Town and Country Planning Act, 1947, for which hon. Members opposite were responsible. This matter is difficult and I am afraid I cannot accept an Amendment at this stage. All I can say it that my right hon. Friend the Minister of Housing and Local Government is at present giving very close attention to it. I hope he will be able to bring forward legislation in the wider and broader context, which would also cover this matter.

It is for that reason that I am unable to accept this Amendment. I feel that the matter covers a broader aspect. Although the hon. Member pointed out that agricultural land is the centre and core of the Amendment, there are matters here affecting the wider interests. We feel this is one of the matters which should be considered and brought forward in further legislation, which I hope my right hon. Friend the Minister of Housing and Local Government will bring forward at a later stage. Although I have sympathy with the intent, I cannot advise the House to accept the Amendment, which would involve very sweeping and definite changes in this respect. For that reason only, with regret, I have to advise the House that I could not agree to accept the Amendment.

I am obliged to the Parliamentary Secretary for his reply. On previous occasions I have argued that we ought not to refrain from doing a particular good because of inability to do a general good. I appreciate that this is not a Departmental responsibility of the hon. Gentleman, but falls within the Departmental responsibility of the Minister of Housing and Local Government. I wonder, however, whether between now and when the Bill is considered in another place the Minister might have consultation with the Minister of Housing and Local Government to see whether it is possible to take any action within the scope of this Bill.

I say at once that I am not very optimistic about that, but I feel the right hon. Gentleman should pursue that course and see if that is possible, because everyone is agreed that the Franks Committee recommendation on this matter should be accepted and it is clear from what the hon. Gentleman said that this matter is within Government policy. If it has to await general amending legislation, we shall have to await that legislation, but if policy is agreed and it is possible to do something about the Agricultural Holdings Act in this Bill when it is considered in another place. I hope the opportunity will be taken by the Government. Meanwhile, I am content to rest upon the assurance of the Parliamentary Secretary and I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move, in page 16, line 10, after "provision", to insert: for ensuring that a sub-tenant shall receive a copy of any notice to quit affecting the holding of which he is sub-tenant given under the said section twenty-four and". We are now considering provision for the protection of sub-tenants. In Standing Committee I raised the point that I believed there is a loophole in the present provisions. A landlord might have a head tenant, possibly a nominee company, with whom he could make an arrangement that the head tenant would not contest a notice under Section 24. By that collusion the sub-tenant would lose all his rights. The Parliamentary Secretary replied that this was a somewhat involved matter, but at any rate we were agreed in our objectives, and, if there were such a loophole, steps ought to be taken to close it.

I do not suggest that this Amendment would necessarily close that loophole, but it would improve the position of the sub-tenant. I also agree that without the Amendment the Lord Chancellor could take action which might be effective, but this matter, which I am sure the Parliamentary Secretary has looked into again, is one with which we ought to deal if possible. Whether the present Amendment would be wholly effective or not, it would strengthen the provision as at present drafted.

The hon. Gentleman reminded us that in Committee I said that this was an involvedm atter. I did not realise how involved it was until I looked into it, and I am grateful to the hon. Gentleman for giving me the opportunity of looking into it. Perhaps I could briefly set it out as I see it for the benefit of the House.

As I see it, the position of sub-tenants under the 1948 Act is certainly complicated because there are here four types of cases involving notice. First, if the sub-tenant's immediate landlord serves notice on him, the sub-tenant is fully protected under existing legislation because he can contest a notice to quit and will be able to make representations to the agricultural land tribunal. Therefor his case is already covered.

Secondly, if the sub-tenant's immediate landlord decides to leave the holding on his own initiative and serves notice on the head landlord to that effect, then the sub-tenant automatically becomes the tenant of the head landlord with full security, so that in that respect he is also safeguarded.

Thirdly, if the head landlord serves notice on the intermediate landlord or on the intermediate tenant, whichever way one likes to put it, and he in turn serves a counter notice on the head landlord—I hope that the House is with me in this because it is a little involved—then, again, the position of the subtenant is also covered because under subparagraph (3) of paragraph 9 of Statutory Instrument No. 190, 1948—that is the Notice to Quit Regulations—the subtenant then has the right to make representations. Therefore, in all those cases the sub-tenant is covered.

Now we come to the fourth case, which is the only one in which he is not covered. This is where the intermediate landlord or intermediate tenant on receiving a notice to quit does not serve a counter notice, but himself serves notice to quit on his sub-tenant. In that case, his notice on his sub-tenant is automatically effective, and under the terms of the Regulations under Section 26 (1, e ) of the 1948 Act the sub-tenant cannot make representations against him. This is a very restricted class of case and we can find no evidence of abuse resulting from such a case. But, even if abuse arose, there is power to deal with it by means of an Order under the Section to which I have just referred. Under existing legislation power is given to the Minister, but under the Bill power to make an Order is given to the Lord Chancellor. He can make an Order to give the sub-tenant the right where the head tenant quits to hold from the landlord on the same terms as he held from the head tenant.

This power has never been used either by the right hon. Gentleman opposite when he was in power or by my right hon. Friend, because it has not been found necessary. If it were, then certainly we should not hesitate to use it. I say to the hon. Gentleman, therefore, that while the number of these cases is very few indeed—we can find practically no particulars of them—we have power under existing legislation and the Lord Chancellor will have the power, to make an Order. That being so, I do not think there is any need to attempt to write into the Bill such words as the hon. Gentleman suggests.

This is a very complicated subject dealing with a very small number of cases. None the less, I agree that it is important. In view of what I have said, having looked into the point, I can assure the hon. Gentleman that the matter is covered by existing legislation and that therefore there is no need for the Amendment.

Does not the Parliamentary Secretary agree that the position is that where a sub-tenant finds that he is losing his farm and goes to a solicitor for advice, that solicitor is supposed to advise him that the Lord Chancellor has power to make an Order under a certain Section which has been in being for a number of years, but which has not been used, and that, if he is quick enough and if the Lord Chancellor is in the mood and there is a Parliament before which it can be laid and a draftsman available, an Order might be made which will save him his home?

This seems comic to us, but it is not comic to the man whose home is being lost. Why wait to prevent the accident until someone is killed? We see a perfectly good example of the danger, and we also see an opportunity to spot it before it happens. Why wait until after it happens and imagine that it will be spotted even then unless somebody is ingenious enough to think of the Lord Chancellor and his power to make an Order? The Parliamentary Secretary's answer does not seem really satisfactory.

The point is that had there been a need for this either in the time of the right hon. Gentleman opposite or since the present Government have been in power then surely someone would have pressed for it. It is significant that nobody has pressed the need for such an Order. The power exists. There is certainly no need to put it into the Bill. If the hon. and learned Gentleman is saying that it is the duty of the Government to introduce such an Order then he may have a case, but I am saying that neither this Government nor preceding Governments have done so, presumably because no need had to their knowledge arisen. I am not disputing that there may be a case for doing it, but there is no point in writing it into the Bill when the necessary power exists in existing legislation.

If the Minister would be prepared to say to us that he will ask his noble Friend the Lord Chancellor to make the appropriate Order and to put the tackle in order before the accident happens, I think that my hon. Friend would be satisfied.

I am quite prepared to bring the matter to the attention of my noble Friend the Lord Chancellor, but I tried to make the case that it seems to me that, had there been need for it, pressure would have been exerted in this direction long before now.

Surely the Minister will make himself clear? If the hon. Gentleman says the test is that there has been no need expressed for it by anyone then that is the test of the Bill itself. No need has been expressed by anyone for a Bill of this character. Therefore, if the hon. Gentleman is to apply his mind logically to the Amendment, surely he should extend it to the whole Bill at this stage and agree to withdraw it?

While the Parliamentary Secretary was giving his explanation he was continually apologising to us for the complicated nature of the transaction with which he had to deal. Can the hon. Gentleman assure us that when the farmer mentioned by my hon. and learned Friend the Member for Northampton (Mr. Paget) goes to his solicitor, a country solicitor in some town or village in the provinces, that solicitor will have in the books that he consults a reference to this power exercised by the Lord Chancellor?

I have the greatest respect for members of the legal profession and I would certainly not cast any slur on them by saying that they would not have that knowledge in their possession. On the point raised by the hon. Member for Goole (Mr. Jeger), I would only say that my knowledge of the matter is that there is a very big demand for the Bill, as has been evidenced in the country.

I do not want to be drawn. I would merely say that I agree with my hon. Friend the Member for Goole (Mr. Jeger). I am greatly obliged to the Parliamentary Secretary for his researches, and I congratulate my hon. and learned Friend the Member for Northampton (Mr. Paget) on following them. I propose to wait until tomorrow morning in order to study them more carefully. I am equally satisfied, with my hon. and learned Friend, that the powers being there they ought to be exercised. I say that for the reason that I think it is extraordinarily difficult to obtain evidence of such cases as these. I think that more often than not the subtenant does not even bother to consult a solicitor, but when he does, the solicitor conscientiously carries out his work and informs him that he has no remedy.

I suggest, therefore, that the best course would probably be to consult the organisations within the agricultural industry about this matter, and then to refer it to the Lord Chancellor, hoping that in due course we shall have regulations which will safeguard the sub-tenant, even in the remote likelihood of the landlord acting in this way. I think that we should safeguard him completely if we have the powers so to do. With these observations, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move, in page 17, line 17, at the end to insert: 14. In section thirty-three after "severed", there shall be inserted the words "so as to provide that the rent of the residue of the holding shall be a rent properly payable in respect of such residue". This, again, is a matter of considerable complexity, but the point we are endeavouring to raise is quite a simple one. We are dealing now with Section 33 and we are concerned with an agricultural holding, part of which has been severed as a result of notice to quit under Section 31.

The arbitrator reduces the rent proportionately, that is, in accordance with the reduction of the acreage. The point which we are trying to raise by the Amendment is that there ought to be wider powers, and we ought to be able to pay regard to the residual holding as it emerges and look also at the notional rent that such a holding would get on vacant possession. Obviously if we cut a farm in half it does not mean that half the rental should necessarily and fairly be paid for the half of the farm remaining. In fact, far less rent might be proper because the whole holding may be unbalanced. It is with these objectives in view that I beg to move the Amendment.

This is an involved matter, and I am grateful to the hon. Member for Sunderland, North (Mr. Willey) for his explanation of the Amendment.

I understand that he is seeking to give greater security to the tenant in this way. In fact, I am advised that the Amendment would do the reverse. It would give the tenant less security in relation to his rent. What the hon. Gentleman is seeking to provide in the words of the Amendment is … after 'severed', there shall be inserted the words 'so as to provide that the rent of the residue of the holding shall be a rent properly payable in respect of such residue'. The present position is that when a landlord resumes possession of part of the holding, the tenant shall pay a rent based on the proportionate reduction and also on any further reduction of the value of the remainder to the tenant caused by the severance and by the use to be made of the part resumed by the landlord.

If that is so, a reduction in rent proportionate to the part that has been taken and for loss of value of the remainder of the holding to the tenant seems a very substantial safeguard to the tenant, because the loss of value to the sitting tenant could well be greater than the difference in value of the original holding and the value of the reduced holding to someone else coming in, which would be the rent properly payable under the new definition.

5.45 p.m.

If one is thinking under the new definition of a new tenant coming in, it would not take account necessarily of loss of value to the sitting tenant, which would be taken into account at present. The effect could well be to the disadvantage of the tenant if this were done. I think that the House would not wish that effect to be brought about. In fact, I am sure that the hon. Member for Sunderland, North, does not wish it to be brought about. Having looked into this matter, I am advised that that is the position. If, in fact, the tenant loses part of his holding it could have a more injurious effect on him, particularly in view of the way he is farming it at the time, than on a new tenant coming into that portion of the farm. If the Amendment were passed, the rent properly payable under the new definition could be a higher rent than it is worth to the present tenant—particularly while he is having to change his method of farming.

Under the existing legislation, the position is more adequately covered from the point of view of the tenant than it would be in the light of the Amendment. It is for that reason that I cannot advise the House to accept the Amendment.

I am not going to the stake for the draftsmanship of this Amendment. I anticipated the point which the Joint Parliamentary Secretary made, and that is why, in drafting the Amendment, we tried to make this an additional consideration.

I agree that there may be some criticism of the words … so as to provide", but we are trying to take into consideration a new factor. We are not trying to take out of consideration the factors which are at present there. I agree with the Joint Parliamentary Secretary that the second factor already in the Section is advantageous to the tenant, and it is put there to help the tenant. I should not like the Amendment to make the position of the tenant any worse. It is not designed for that purpose; it is designed to bring into consideration a review of what the residual holding is really worth.

I agree that in some circumstances—and I appreciated this in drafting the Amendment—the effect of the Amendment might possibly increase the rental, but I think that in the majority of cases it would work the other way. I think that this would, in general, help the tenant.

As I say, I am not wedded to the wording of the Amendment, but I am anxious that the Government should consider this approach. It is a matter which, I understand, has been considered by the Government in another context in regard to opencast coal mining, where a similar problem arises. I would have hoped that, at any rate, the Parliamentary Secretary would be able to assure the House that between now and the consideration of the Bill in another place—I am not asking the Government to commit themselves—he would see if it is possible to improve Section 33 along those lines.

The Joint Parliamentary Secretary will recognise that we felt circumscribed in drafting the Amendment, because we tried to bring it into accord with the present provisions. We are anxious that it should be clearly brought before the arbitrator that, among other things, he should consider this as a new holding and try to reach a realistic rent upon that basis, and not merely regard it as a pro- portionate part of the holding which has been destroyed.

It is for these reasons that I move the Amendment, and if the Joint Parliamentary Secretary can give me the assurance that his right hon. Friend and he will consider the problem and see whether it is possible to do anything not to make the position of the tenant worse, because none of us wants to make the position of the tenant worse, I am sure that my hon. Friends would be satisfied.

In response to that appeal, I will give an assurance that we will look at this matter again to see if there is anything that we can do. I am glad to learn from the hon. Member for Sunderland, North (Mr. Willey) that his idea was to provide an additional reason rather than an alternative one. I feel certain that as an alternative it would be wrong and to the detriment of the tenant. In the light of what he has said, I will look at the matter again. I think that at the present time the tenant is fairly well protected, but if there is any way in which we can improve his position I should like to look into it.

I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

The following Amendment stood upon the Notice Paper:

In page 17, leave out lines 18 to 29.

This Amendment and the following Amendment, in page 17, to leave out lines 33 to 40, deal with similar points in respect of Sections 50 and 68 of the 1948 Act, which, in turn, deal with long-term improvements and the treating of a holding as a market garden for certain purposes. The provisions to which we object take away powers from the Minister and transfer them to the agricultural land tribunal. We have already made it plain that we are opposed to this course, and we have persistently opposed the action of the Government throughout our discussions in Committee.

The position on both sides is so abundantly clear that, having said what our purpose is, I do not propose to move the Amendment.

The following Amendment stood upon the Notice Paper:

In page 19, leave out lines 7 to 14.

This Amendment refers to a similar point. We shall shortly reach the Third Reading of the Bill, when we can once again express our views, and for that reason I do not seek to move this Amendment.

I beg to move, in page 22, line 29, at the end to insert: (2) So long as a condition under section twenty-six of this Act is in force there shall be no limit to the number of times that an application to the Land Court on behalf of the Crown may be made under the foregoing subsection. The Amendment deals with a matter which I mentioned during the Committee stage, when the noble Lord the Joint Under-Secretary said that he had some sympathy with it and that there was some substance in my point. Section 30 of the 1948 Act is being redrawn. Under existing legislation, if the owner who got possession—that is, who made an application and asked for consent to a notice to quit, offering certain justification for consent being given, and consent was given with a condition attached—was in breach of the condition after a period the Secretary of State for the Minister took possession of the farm and saw that the condition was fulfilled.

In the redrafting of Section 30, the Government now provide that the Land Court, on the application of the Crown that an owner is in breach of the condition, may impose a fine—the word "fine" is not used, but it is, in fact, a fine—not exceeding two years' rent, the fine to be paid into the Exchequer. The tenant who was got out under false pretences has no further remedy; he is out, and presumably he has no further interest in the farm.

I was interested to ascertain whether, an application having been made to the Land Court on behalf of the Crown and the Land Court having decided that the landlord was in breach and having imposed the payment or fine of not more than two years' rent, that was an end of the matter. I was not sure about it. I believe the Joint Under-Secretary was not very sure about it. I waited in vain for the Joint Under-Secretary to table an Amendment in order to make sure that an application could be made on behalf of the Crown at any time so long as the condition was in force. The Joint Under-Secretary may say that an Amendment is unnecessary, that an application may be made at any time and that there is no limit to the number of applications that may be made to the Land Court on behalf of the Crown.

I appreciate that after a time it might well be that the Land Court would not think it fit and proper to continue to keep in force a condition which had been attached. There might be many reasons why the condition should be varied or discontinued. I wondered whether I ought to table an Amendment to cover that point, but I believe it is covered in existing legislation.

I do not want to be unfair to the landlord. On the other hand, I do not wish to make it possible for the landlord to buy a good tenant out of his holding by undertaking the fulfilment of a condition which he is later seen to be unwilling to fulfil in the knowledge that he can be fined no more than two years' rent. If it were to be so, all security to the tenant farmer would virtually disappear.

I hope that in the circumstances the Joint Under-Secretary will be able to give use an assurance that as things stand there is no limit to the number of applications which can be made on behalf of the Crown so long as the condition is in force, or that he will accept the Amendment.

I beg to second the Amendment.

I think that this Amendment provides an opportunity for the Joint Under-Secretary to give one of his convincing explanations to the House.

I shall do my best to convince the hon. Member for South Ayrshire (Mr. Emrys Hughes) about the reasonableness of my answer to the hon. Member for Hamilton (Mr. T. Fraser). After we have all been together for so many weeks discussing so many Amendments, I wish, if only for "Auld Lang Syne", that I could have given way on this Amendment.

Mr. Emrys Hughes rose ——

It is all right; it is Burns.

I undertook to look into the matter. There is substance in the point which the hon. Member has raised. When I gave my undertaking, the right hon. Member for Don Valley (Mr. T. Williams) reinforced what his hon. Friend the Member for Hamilton had said by expressing the hope that I would look at the matter seriously. I certainly have done so, and at length.

The hon. Member for Hamilton during the Committee stage went straight to the point of the recurring penalty. That is the real point. I hoped very much that it would be possible to meet him, because in equity one felt instinctively that this would be the fair way to deal with the matter. I will tell him what transpired as soon as I looked into the matter.

If it were always open to a landlord to remedy a breach, there would certainly be something to be said for a recurring fine, for example, a fine for every day that the breach remained unremedied. Then one was faced with the case where the breach consisted of the sale of a farm of which the landlord had persuaded the Land Court to give him possession on the ground that he himself would farm it.

Then, let us suppose, the landlord sells the farm in breach of the conditions imposed upon him, and the buyer comes in. Unless we have a monetary penalty on a once-and-for-all basis, it seems that the blow will fall on the purchaser, because the farm is not being farmed as the Land Court—in England it would be the lands tribunal—said it was to be farmed. Therefore, strictly speaking, the then owner himself would be in breach. That is the difficulty.

6.0 p.m.

Another rather interesting fact emerged at this point. I realised that that flaw in the position obtains in the Act, as it has been on the Statute Book for all these years.

Of course it does not make it any better, but the penalty of two years' rent which is now to be imposed as a fine improves the position, because it can be handled without any injustice to a succeeding purchaser or another tenant. It is an awkward complex of circumstances, but there is no way round it, and all other things being equal this would seem the right way to proceed. Whether a penalty of two years' rent is severe enough is a matter of argument, but the Amendment is not concerned with that point. I think that the penalty probably is severe enough; it is quite a heavy one.

It is fair to mention that up to the present there has not been a single case in which the Secretary of State has had to take possession in these circumstances, and there is no reason to suppose that there will be a case of a landlord behaving this way in future. I realise that that is not a logical answer, but it is not an entirely unsatisfactory reflection on the state of affairs. That being so, I must ask the hon. Gentleman to agree that we could not recommend the acceptance of the Amendment, because it would not work, and it would be unfair to the successors.

I feel that we ought to divide on this issue, because the answer which the Joint Under-Secretary has given is not conclusive. However, if the noble Lord will undertake that between now and the time when the Bill reaches another place he will reconsider the matter in the light that I shall try to set out, my hon. Friends may think again about dividing the House.

I am concerned about the situation for two reasons. First, the original tenant who is given notice has to go; he must either find other land or an alternative occupation. The landlord who gave him notice to quit has had certain conditions imposed upon him by the Land Court before he gave the tenant notice to quit, and if he defaults, for one reason or another, under the Clause as it now stands the Land Court can fine the landlord up to a maximum of two years' rent. That is almost equivalent to the situation that existed in 1923. Worse still, the money goes to the Treasury, and the tenant who has been dispossessed does not get three farthings. That does not seem to be very equitable for the tenant

Secondly—and even worse, perhaps—a landowner may, with ingenious arguments, deliberately conspire to obtain a decision which is favourable to him, even though he knows that he is never going to fulfil the conditions which the Land Court imposes upon him, because he would rather pay the fine so long as he can get possession. That does not seem to be rational, and that is why I ask the noble Lord to try to find a means of preventing a landlord being so ready to serve a notice to quit in order to obtain possession, while the tenant does not even receive compensation for having to go.

I cannot believe that this is an impossible problem for the Lord Chancellor and the legal luminaries of Scotland to solve if they make up their minds to solve it. We do not want to vote for the Amendment simply for the sake of doing so, and if the noble Lord can give us an assurance that between now and the time when the Bill reaches another place he will reconsider the situation, we may be persuaded not to divide. At the moment, however, it would seem that we shall be returning exactly to the conditions which applied in 1923, when no tenant could feel that he had any security of tenure. Our request is a reasonable one, and I hope that the noble Lord will feel able to respond to it.

I am rather impressed by the case put forward by the right hon. Gentleman the Member for Don Valley (Mr. T. Williams). I do not like the idea of a landlord getting hold of his land by deceit—because that is what it amounts to. But I do not think that the Amendment can be accepted as it is. Although I am not a lawyer and I do not know the Scottish law, I would have thought that if a land court allows a landlord to take possession in certain conditions, and after the landlord has obtained possession he fails to fulfil those conditions, he is in breach of an order of the court. That being so, cannot he be made to come under the ordinary law and be prosecuted by the sheriff for being in breach of an order of the court?

There are different circumstances, of course. It may well be that it is only after the landlord has obtained possession that he finds he cannot fulfil the necessary conditions. In that case I can see that many difficulties might arise, although I should have thought the right thing to do would be for the landlord to go back to the Land Court and ask to be let off his obligations, on the ground that they could not be fulfilled. Where it is clear that the landlord has obtained possession by deceit, however, I should have thought that it was possible for the ordinary course of law to come into operation, and for the fiscal or sheriff, or even quarter sessions, to deal with him. I believe that the English expression is "contempt of court", although I do not think that the same expression is used in Scotland.

If that point could be taken into consideration by my noble Friend I feel that it would improve the situation and do justice in cases where the landlord obtained possession by a trick. I hope that my noble Friend will do his best to see if the procedure that I have referred to can be put into operation, or provided for when the Bill reaches another place.

This matter obviously needs looking at again. What surprised me was the assumption which hon. Members on both sides of the House seem to have made that under the Bill as it stands only one prosecution can be brought. I am very glad to see that the Solicitor-General for Scotland is here, because under the terms of the Clause, I should have thought that each time the landlord came before the court in respect of a continuing offence the appropriate matters could be proved, and a further penalty imposed. I cannot see anything to stop anyone having to go to court a second time under the Clause—but doubtless that is an aspect which will be considered when the Government look into the situation again.

Obviously, I cannot commit myself about what will be done in another place. But I can say that the debate on this Amendment has underlined the fact that we all recognise the situation is not per se satisfactory. I doubt whether it can be improved on, but having said that, may I add that there is no harm in having a further investigation to see whether it is possible to improve it. I have no doubt that such further consideration will be given, but I cannot give any sort of commitment.

I had hoped that the Joint Under-Secretary would go just a little further. May I take the House back to what the hon. Gentleman said in the first place? He said that in the last ten years there had not been any cases where owners had failed to keep faith with the conditions imposed on them when they got possession of a tenancy. The hon. Gentleman will agree that during that period there has hardly been any opportunity for the Land Court to attach conditions. But in future such opportunities will be many. The Land Court will consider applications for consent to notices to quit and will attach conditions. That is the whole point of Clause 3.

In the past, most applications for consent to notices to quit came to executive committees and most of them were refused at that stage and never went to the Land Court. Now the Government have deliberately provided that there will be greater opportunities for obtaining consent to the possession by the owner of a farm which has been let to a tenant. Under Clause 3 the owner will not have to go to an executive committee. He will go straight to the Land Court.

There are many different conditions which may be attached to such possession. The Joint Under-Secretary dealt with only one, that the owner would farm the land himself. The hon. Gentleman said it might be a breach of the condition that, having got possession, the owner did not farm the land but sold the farm and that, in those circumstances, surely he could not be prosecuted more than once. I thought that not a good example. It may well be that the rent of a particular farm is low, it may be that it is £2 an acre, when anyone would realise that the market rent should be £4, £5 or even £6 an acre. The owner might consider that the farm was an attractive property to put on the market. He might not wish merely to raise the rent and get £4 or £5 or even £6 an acre. He might take the view that if he could get the tenant out, he could obtain a good price for the farm by putting it on the market with vacant possession.

The Joint Under-Secretary has suggested that it would be adequate to impose a fine upon an owner, who had obtained possession of a farm by decision of the Land Court on condition that he farmed it himself. Should the owner breach the condition imposed by the Land Court, he would be guilty of deliberate deceit, as was said by the hon. Member for South Angus (Sir J. Duncan). The maximum fine which could be imposed upon him would be an amount equal to two years' rent at the hopelessly inadequate figure at which the rent of the farm stood.

But there are so many other conditions which could be breached. The owner might wish to change the nature of the agricultural activity carried out on the farm. That might be possible only after a change of tenancy. But having secured a change, or having got the previous tenant evicted so that he himself might carry on with some new farming activity in the national interest, the owner might ignore the condition, until the Crown made application to the Land Court that he was in breach of condition. Then, presumably, he would be fined not more than two years' rent at the figure obtaining when the previous tenant occupied the farm, because by that time there would be no current rental figure.

6.15 p.m.

That might prove a small price for the owner to pay to get possession of his land, and it would be unfair to allow such a position to obtain. I think that the Joint Under-Secretary, in response to pleas by hon. Members from both sides of the House, should go a bit further than he has. It may be that this is not the way in which the Schedule, and, therefore, Section 30 of the Act, can be amended. It may be that we should make quite clear, abundantly clear—I should be most willing to do this—that at any time, if a condition had been attached to a consent to a notice to quit, the owner could come back to the Land Court and say that such condition was no longer appropriate and should not be enforced; that the condition should either be withdrawn altogether, or varied or modified, so that there would be no possibility of any punitive repetition of application to the Land Court against the owner.

If the Joint Under-Secretary would say that he is most willing to see in what way the abuse, which is recognised by hon. Members on both sides of the House, could be avoided, we should not persist with this Amendment. I think that the hon. Gentleman must go a little further than he has gone as yet. Let him say that he is determined with his right hon. Friend to stop this abuse, and then we shall not proceed with this Amendment. This is not a party matter and we do not want to persist with the Amendment, but it would not be possible for me to withdraw it, in the light of what has been said, without a further undertaking from the Joint Under-Secretary.

I do not think that I can go so far as to say that I will see in what way this abuse will be stopped. What I meant to say before—I will say it now—is that I will see whether there is any way in which it can be stopped. I do not think that the hon. Member can, in fairness, expect me to do more. Until I have looked into this matter again I cannot do more. It had been thrashed out with the greatest care long before the last investigation was made by myself. But there is nothing like going on trying. I do not think I can do more. I cannot say that I will find a way in which this abuse can be stopped.

As I do not wish to close the door by having a vote on it, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Order for Third Reading read —[ Queen's consent on behalf of the Crown, the Duchy of Lancaster, and the Duchy of Cornwall, signified. ]

6.18 p.m.

I beg to move, That the Bill be now read the Third time.

Since the Second Reading debate last March we have spent over 70 hours discussing the Bill in Committee and on Report. I have no complaint to make about that. Long as our discussions may have been, acute as our differences of opinion may be, I think that throughout we have conducted our proceedings with good temper and restraint. Undoubtedly, the Bill has been improved by the discussions upon it, but basically it is the same as when it was presented to the House. I make no apology for that. I was convinced last March, and I am still more convinced today, that what we are doing by the Bill is in the interests of British farming. I am sorry that right hon. and hon. Gentlemen opposite have opposed the main provisions with great vehemence. In my opinion—it is only my opinion—they have been raising bogeys in which there was very little substance.

We have argued at great length over Clause 1, the repeal of State powers to dispossess and supervise farmers and landowners. I notice that hon. Gentlemen opposite are somewhat cautious as to how they would use these powers if they, by some unfortunate mischance, were returned to office. They imply that they would bring the powers back. I think that they are far too coy really to say that they would make the extensive use of these powers which was originally intended, and I very much doubt whether, in practice, they would use them in the circumstances of today. It has been suggested that, even so, the mere existence of the powers acts as a spur to efficient farming. I do not believe that. One cannot make an incompetent farmer into a good one by threats or fear or compulsion.

One may be able to do so by advice and assistance, and there I disagree with the right hon. Member for Don Valley (Mr. T. Williams) in his interruption.

These powers are, in my opinion, unusuable in present-day conditions. Throughout all our proceedings hon. Gentlemen opposite failed to show how these powers of State supervision and dispossession are of direct value to farming. Therefore, since they have failed to do that, they have had to fall back on a constant repetition of the theme that the Bill is a first step in the abolition of the guaranteed prices for farmers. In this assertion there is not the slightest shadow of truth whatever.

In defending his speech yesterday, the right hon. Member for Don Valley said that repetition was the law of propaganda. I am afraid that is just what his speeches and those of his hon. Friends are—party propaganda. If farmers and landowners were afraid that the price supports would be knocked from under them, we should have heard about it in no uncertain terms.

I am not referring to our discussions in Committee. There would have been a clamour outside the House against the Bill. There has, in fact, been nothing of the sort. The attempt by hon. Gentlemen opposite to create alarm and despondency in the farming community has failed.

The price guarantees to farmers are widely recognised now as a proper safeguard on social and economic grounds and as the equivalent of assistance which other industries of national importance receive, each in its own way. The guarantees to farmers are set out on a permanent basis in clear and unmistakable terms in the Agriculture Act introduced by my predecessor last year. That is the charter for British agriculture—that, and, I am glad to say, the very much better understanding which now exists between town and country. They are not affected in the slightest by the repeal of what I can only describe as useless and outmoded State controls.

The other Clauses of the Bill represent, in the main, a constructive reappraisal of the operation of the tenancy system under the important Acts of 1947 and 1948. As I said on Second Reading, the landlord-tenant partnership in this country is, I believe, the envy of the world. We on this side are determined to maintain that partnership on a healthy basis. This means a fair sharing of rewards and responsibilities. Clauses 2 to 6 are, therefore, not a landlord's charter, but, rather, are designed to keep the landlord-tenant partnership on a really sound and workable basis.

The provisions regarding security of tenure and the provision of capital equipment necessary to comply with statutory regulations were in principle agreed by farmers and landowners and have not had very much opposition in our discussions. The weight of our discussions has fallen on the Clause dealing with rental arbitration. Here, again, it seems to me that hon. Gentlemen opposite have, perhaps deliberately, set out to raise unnecessary fears about how the Clause would operate. The Clause provides that if a rent is to be settled by arbitration the arbitrator shall fix a rent at which the holding might reasonably be expected to be let in the open market by a willing landlord to a willing tenant. I honestly believe that most people accept the principle lying behind that.

It seems to us that it was very much this principle which was intended when the 1947 and 1948 Acts were passed. I have already reminded the right hon. Member for Don Valley that it was he who said in Standing Committee in 1947: We think that the right figure is the actual rent that a landlord can get on the open market from a willing tenant who is about to become the occupier."—[OFFICIAL REPORT, Standing Committee A. 13th March, 1947; c. 518.] Surely the existing tenant of a farm can reasonably be asked to pay the rent which a new tenant coming into the farm would pay. The existing tenant rightly enjoys security of tenure, but most people will agree, I think, that security should not mean the right to farm at a rent below the market value.

Hon. and right hon. Gentlemen opposite have been trying to create the anxiety that arbitrators will be compelled under the Clause to adopt as their standard the highest bids put in when a tenancy is offered on the open market. I suggest that this really cannot be read into the Clause as it stands. There is no doubt that a landlord faced with a number of offers from potential tenants will accept the best offer, but the point I am making is that the best offer is a very different thing from the highest bid. The House will realise, I hope, that there is an important difference between sales of farms and lettings. A seller is disposing of his interest in the farm and, if he is sure that the purchaser has the money, he will accept the highest bid. But the landowner retains a close and vital interest in the property. Every arbitrator knows perfectly well the reluctance of landlords to let to inexperienced or bad tenants even if they offer—perhaps particularly if they offer—a very high rent. The interpretation of the Clause will be in the hands of men who professionally are daily advising landowners on this kind of thing. A similar Section has of course, operated for several years in relation to business premises quite satisfactorily.

Other points have been raised on this formula, points which seem to arise perhaps from a failure to treat the formula in its full context. We are, in effect, writing this new formula into Section 8 of the Agricultural Holdings Act, 1948. The provisions of that Section remain in full force. Therefore, arbitrators in assessing rents are required to leave out of account the value of improvements carried out by the tenant. They leave out of account also the value of any grants towards improvements made by the landlord. This does not seem to have been appreciated by everybody who has spoken and written about the Bill.

I feel, therefore, that the provision about rent, if we consider it carefully and dispassionately, is clear and fair. The rent fixed by arbitration will be an open market rent for the farm, and that does not mean a freak or fancy rent such as, I suppose, very occasionally may be offered and accepted. It means the normal open market rent which would be offered and accepted by sensible farmers and sensible landowners.

I would emphasise that we are dealing here only with rents where agreement cannot be reached between the tenant and the landlord. It may well be that some landlords are prepared to agree rents with their tenants which are less than the lettings in the open market. That is a matter for them. But I really cannot see the reason why any landlord should be compelled to accept less than the open market rent, and, on the whole, I think that the tenant farmers will recognise the justice of that.

Equally, I can assure farmers that they need not in any way be scared in negotiations by stories that arbitrators will be forced to fix rents greater than the normal run of open market lettings. Hon. Members opposite have tried to play up this point into the supposition that this would be a major change in farm rents. It is nothing of the sort. Of course, everybody knows that there is not and never has been rent control in agriculture. The Bill is concerned only with rental arbitration. It introduces no new principle. It merely restates clearly the original intention of present legislation. In my opinion, it does so with complete fairness to both landlord and tenant, and there is nothing in it which should disturb the farming community.

I have spoken at some length about the rent Clause because of the obvious misunderstanding about what it is intended to do and what in the opinion of the Government and its Law Officers the Clause in fact does. The other Clauses are, however, I think, of very considerable importance. The new Clause on security of tenure will, I think, be an immense improvement when it is brought into practice. I should like to take this opportunity once more to pay a very special tribute to the statesmanship of the N.F.U. and the C.L.A. in reaching agreement on what is obviously a very tricky subject. It shows better than anything else that I have said earlier what a fine partnership exists between landowners and tenant farmers.

The extension of tenants' rights in Clause 4 against unsatisfactory landlords will, I hope, also be important in deal- ing with perhaps a limited number of difficult cases. Finally, the transfer of functions from the Minister of Agriculture and his county agricultural committees to the Lord Chancellor and the agricultural land tribunals will mean that the procedure for handling landlord and tenant relations will conform with the important principles laid down in the Franks Report.

This is an important and valuable Bill. It is not intended to make sweeping changes in our farming legislation. But taken together with the 1957 Act, the Bill adapts to changing conditions the provisions of the 1947 and 1948 Acts. Our approach has been practical. We have examined carefully how these things are working out in practice. We found that the powers of supervision and dispossession could not be used in present-day conditions and could never be used without major changes in procedure. The sensible course was to get rid of them. The provisions on rents set out in the 1948 Act have not, in practice, proved sufficiently clear to achieve the intentions of the Act. We have, therefore, clarified them. The provisions for security of tenure have proved in practice to give too much protection to the bad farmer, too little opportunity to keen young farmers and too little encouragement to the landowner to make the best use of his land. In short, the partnership between farmer and landowner was working under strain. We are trying to put that right.

Now that the Bill has reached its final stages in the House. I hope that hon. Members opposite will agree, whether or not they like it, that doctrinally it is a sensible and practical Measure which is much needed for the good of farming today.

6.35 p.m.

After two days on Second Reading, twenty meetings of the Committee and a day and a half on Report, I find it extremely difficult to produce something new to say on Third Reading. However, I have one consolation. I think that I replied yesterday to the Minister's speech of today, so I need not worry about that. Nor do I think it necessary to find additional arguments to those that we have already advanced against giving the Bill a Third Reading. From the beginning we have maintained that it is based on doctrinaire prejudices rather than justifiable reasons that drag the industry into the cockpit of politics, that it has created doubt and apprehension in the minds of many farmers, and, finally, that it could militate against the best interests of both the industry and the nation.

The Minister has been good enough on several occasions to give us credit for the sincerity of our beliefs, and, not unnaturally, he claims the same credit for the sincerity of his own beliefs. But when one searches the records for the right hon. Gentleman's arguments and reasons in favour of the Bill, they seem to me to be excessively weak and unconvincing. Firstly, we are told that the disciplinary powers are out of date and ineffective; secondly, that the use of them sometimes causes serious hardship; thirdly, that they are more difficult to administer today than several years ago; and, finally, that the Franks Committee's recommendations, which the Government readily accepted, forced the hand of the Government in producing the Bill.

I think that there is a ready answer to all those submissions of the Minister and the Joint Parliamentary Secretary. If the disciplinary powers were ineffective over past years, it was not because it was difficult to administer them; it was because their use had been discouraged by various Ministers. As the Joint Parliamentary Secretary told us in his famous reply to a Parliamentary Question, his right hon. Friend's advice was that county agricultural executive committees were to deal only with very bad cases. So it was not a case of it being more difficult, but a case of ministerial discouragement of the use of the powers given to county agricultural executive committees.

I recall that the present Chancellor of the Exchequer some three years ago in this House stated that we had reached a time when we ought, more or less, to rely on persuasion rather than on disciplinary powers, which satisfied me, at all events, that disciplinary powers were on the way out at the first suitable opportunity. My prophetic instinct was not very far wrong either. Therefore, that ineffective horse does not run at all.

Secondly, it is said that serious hardship was caused in certain cases. I do not doubt that that was the case. But that could only happen where a tenant or estate owner failed to fulfil the reasonable conditions of husbandry or estate ownership, despite all the help, advice, guidance and encouragement given by county executive agricultural committees and advisory officers.

Thirdly, if it was more difficult to administer these powers than heretofore, that was more or less because of ministerial interference with county agricultural executive committees.

Fourthly, the Franks Committee never suggested that Part II of the 1947 Act should be repealed. Of course, many of the recommendations of the Franks Committee need not have been accepted by the Government at all, except that they provided a reasonable excuse to the Government to remove the lot. However sincere the Minister might be, his reasons and his arguments are wholly unconvincing for the repeal of Part II of the 1947 Act. I believe that the Government have never liked the idea of Part II at all, and they have taken the first opportunity that came their way to get rid of it.

The Minister suggested that we were now in a prosperous age. I do not know what he means by "prosperous", but I suppose he means that we are now in an age of plenty. He thinks that the need for the gentle pressure towards efficiency no longer exists. He seems to forget that the 1947 Act, with all its implications, was not passed merely to meet a period of shortage or emergency. It was a long-term plan, a policy, to provide stability and continuity and to allow the industry to play its full part in the national economy. All sections of the industry accepted their share of responsibility just as readily as they accepted the financial assistance provided by the taxpayer.

We all know that if the disciplinary powers had been used unfairly or unreasonably the National Farmers' Union and the Country Landowners' Association would have protested violently. So far as I can recall, they did not protest during my term of office, of which there were four or five years. I do not know that they have protested since. We know that these powers were not abused, but that they were used, just as we hoped in 1947 they would be, fairly, helpfully and reasonably. There can be no doubt that this latent but gently used power helped enormously to improve efficiency all over the country and that the Treasury, as the right hon. Gentleman knows, is very pleased to benefit to the extent of £25 million a year because of it.

Why, then, except for doctrinaire reasons, introduce this jarring note? Why are the Government disturbing a system which has proved successful to the industry and to the nation? On these benches we are no more anxious to dispossess a tenant farmer or a landowner than are Government supporters. We prefer—and I imagine that this applies also to Government supporters—to see farmers, landowners and estate owners happy and contented, using their skill and knowledge and making the best possible use of the limited acres of this country, free from the wildly fluctuating cycles and uncertainties that were the bane of their lives in the inter-war years.

It is the Government, with this Bill, who have crossed the wires. It is the Government who have created doubts and disturbed confidence in the future. I made a reference yesterday to the Government's attitude towards output. I thought I detected a note of anger in the Minister's voice. I would remind him, although perhaps I am not old enough to give him advice, of advice which was given to me many years ago. It was, "Never lose your temper, my boy. It's worth more to you than to anybody else." I would advise the Minister to read the speeches of his colleagues during the Second Reading of the 1947 Bill, and his own recent speeches and those of his predecessor. He will then probably begin to realise the reason for the confusion in the countryside and why so many farmers interpret the Bill differently from the right hon. Gentleman and his Parliamentary Secretary.

The Parliamentary Secretary said yesterday, replying to one of our Amendments, "All's quiet on the farming front", except for the disaffection that we on these benches were trying to promote. The hon. Gentleman knew then, as he knows now, that that was just plain nonsense. When the National Farmers' Union consulted its county branches, of the first 48 answers it received, 47 counties were utterly opposed to the repeal of Part II of the 1947 Act. He said that somebody had been trying to promote fear in their minds that if Part II goes Part I may go.

So far as I recollect, I did not go to a farmers' meeting between the time when the National Farmers' Union consulted its county branches and the sending in by those branches of their decisions. I do not think I influenced one person or one vote. Why did 47 out of 48 branches vote against the right hon. Gentleman and his Bill if they did not fear that there was something lurking behind it that might not be too pleasant?

Hon. Members on these benches have not been trying to influence the county branches of the National Farmers' Union, but we know of hon. Members on Government benches who have tried to influence those branches. While they are members of the National Farmers' Union, if they feel disposed to try to influence their branches there is no reason why they should not do so.

The point I was making was not quite that. The right hon. Gentleman must have misunderstood what I said, which was that subsequent to the Second Reading debate in this House, all misgivings, except that coming from the benches opposite, had died away. The whole campaign had died down.

I can only say that that is not my recollection. Rightly or wrongly—and I do not argue the point—the farmers felt that they were under an obligation to fulfil the conditions of Part II of the 1947 Act if they were to get the benefits of Part I. With their recollections of 1921 I do not wonder that there were doubts and anxieties in their minds. Certainly they feared that if Part II went Part I might follow. If I had been a farmer I should probably have been feeling the same way.

Indeed, it would have been very remarkable if the farmers had not reacted just as they did upon the introduction of the Bill. After all, they were partners in the scheme. They helped to build it up and to make it work. Why should they not protest against the dismantling of a part of it by the Government without even entering into discussion with the National Farmers' Union? That is exactly what is happening. I would not expect the farmers to mass in Trafalgar Square or parade down Whitehall in order to enter their protest; nor would I deny that there are farmers who remain unmoved by the repeal of Part II. They are the "take all but put nothing" variety of farmers. I am convinced that the vast majority of farmers would prefer not only to fulfil their obligations, their part of the bargain, but that society should know that they were doing so. Society will never know now whether the farmers are fulfilling their part of the bargain or not.

We cannot hope to convince the Minister. His mind was made up before he became Minister of Agriculture. It was made up for him by his predecessor and by the Cabinet of which he forms a part. His mind has been locked, bolted and barred ever since by the Cabinet. That does not apply only to Clause 1 but to every part of the Bill. For example, the right hon. Gentleman said quite a good deal about Clause 2 today. I do not intend to follow him, but only to say that Clause 2 is a highly contentious Clause. Two important parties are involved in it, the landowners and the tenants. This was produced without the approval of or very much discussion with the National Farmers' Union.

There was plenty of room, I think, for some sort of compromise to remove the doubts and fears of farmers, but the right hon. Gentleman made no approach to it. When it was made clear by those who know the law much better than I can hope to know it that no two lawyers were of the same opinion on the interpretation of Clause 2, and it was felt that widely divergent decisions might be given in different parts of the country, the right hon. Gentleman did not help.

Not that I—I at least can speak for myself on this occasion—have tried to whip up fear in the minds and hearts of farmers that rents will rise steeply. They may. I do not know. In any case, we are as much concerned to see that the landowner gets a square deal as that the tenant farmer does, but we want to see the tenant farmer get a square deal, too. I am advised that Clause 2 goes beyond what even the Country Landowners' Association has generally asked for, but the Minister stands pat, as he stood pat through the twenty sittings of the Standing Committee. He reminds me of the two bottles of milk on the doorstep. The label on one said "Grade A. Attested. Feeling fine and fresh". The label on the second said, "What a pity I am sterilised." It almost looks as though the right hon. Gentleman was sterilised before he had a chance to give vent to what may have been his own feelings.

I am glad to hear the right hon. Gentleman say so.

I would not dare to make a prophecy, but if rents do here and there rise steeply we shall have a repetition of what happened to the Minister of Housing and Local Government. We shall have the Minister of Agriculture coming here to amend his own Measure to avoid a riot in the countryside.

I am not going to touch on the other Clauses. We have stated our case against the Bill because we feel that we are right, and we feel it keenly. We regard this as a wrecking Bill unwanted by anybody but the Conservative Government. The efficiency of tenant farmers in future will be determined by a series of lawyers most of whom know nothing about farming at all. Estate owners and owner-occupiers will do as much or as little as they like. Where confidence has reigned for a long time there is doubt and anxiety. We seem to be proceeding from stability to instability. One more push of this kind and we shall be back into the glorious 'twenties and 'thirties. If one part of one Act can be repealed, there is no reason why another part of the same Act or another Act cannot be repealed later.

We hope for the sake of the industry and the country that we are all wrong. We feel that we are right, but we hope that we are all wrong. But who can trust the present Government with their record? We shall lose in the Division Lobby—there is no doubt about that—but when we get the chance we shall win in the country.

6.54 p.m.

I agree with the right hon. Gentleman the Member for Don Valley (Mr. T. Williams) that after 20 sittings of the Standing Committee it is not very easy to find something new to say about the Bill, but I have the advantage over him in one respect in that I was absent most of yesterday. It is natural that the right hon. Gentleman should view the passing of this disciplinary power of the old Part II with a certain nostalgia because he built that structure into the 1947 Act and to that extent it is his baby. The trouble is that he does not realise that the circumstances with which those disciplinary provisions were designed to deal in 1947 are absent today, so that the provisions are totally inapplicable.

A great deal has happened since then. It is eleven years later, and there is not a world food shortage. The circumstances are absolutely different from what they were then. To an increasing degree the situation has got easier. As production increased, as efficiency was increased and as the world food shortage decreased the disciplinary powers of which the right hon. Gentleman is so proud became neither more nor less than window dressing and there was nothing whatever behind them.

The right hon. Gentleman said that we have alleged that the powers were being abused. That is not so. I do not think that any of us on these benches have alleged that the powers were abused. That would have been very unfair and quite untrue. They were not being abused. They were just not being used. They were falling into disuse.

For the simple reason, as has been said many times, that you cannot get members of the county agricultural executive committees, in normal peace time, to use such a sanction as dispossession against their neighbours. That is why.

The party opposite has never been able to make up its mind whether the disciplinary power should be regarded as a carrot or a stick. Right hon. and hon. Members opposite have oscillated between the carrot and the stick during our discussions on the Bill. They really cannot have it both ways. Nor have they ever answered the vital question, if they wish to retain the disciplinary powers—never mind for the moment about what the Franks Report said—do they wish them to be enforced? In other words, do they want more dispossession orders?

By whom are those dispossession orders to be enforced? They will not be enforced by members of the county agricultural executive committees in any part of the country.

Does the hon. Gentleman really believe that we want to see farmers dispossessed for the sake of seeing them dispossessed? The case for our Measure was not that we wanted to see the tenant farmers dispossessed, but that we wanted them to increase their efficiency and to become really first-class farmers. Will not the hon. Gentleman agree that the policy has succeeded?

I do not know. It depends upon the point of view.

Is it now suggested that the supervision order, which was the forerunner of the dispossession order, was intended to help or succeeded in helping the farmer to make more profit than he otherwise would make? The supervision order was a stigma not only on the individual farmer but also on the land he occupied. The Parliamentary Secretary yesterday dealt with the argument very fully.

When my right hon. Friend the Member for Richmond, Yorks (Sir T. Dugdale) became Minister of Agriculture after the right hon. Member for Don Valley had gone out of office he really tried to enforce the disciplinary measures and to persuade the county agricultural executive committees to be a little more ruthless, to be stricter in their issuing of supervision orders. I am not talking of disposession, but of supervision. The figures tell their own story. There were 774 supervision orders in 1951, when the right hon. Gentleman opposite was Minister. Then my right hon. Friend the Member for Richmond, Yorks, became Minister and tried hard to get the county committees to enforce the discipline, and at the end of a year the figures had been bumped up, to 998 in 1952. Then they dropped progressively, to 543 in 1953, dwindling to 236 in 1954.

Does the right hon. Gentleman want to retain all these disciplinary powers for 236 supervision orders? The C.A.E.C.s, of course, were not anxious to be more ruthless in the issue of supervision orders because, as I have stated before and state again—and I am not prepared to be challenged in any quarter of the House on this—a supervision order is a stigma. It is not an assistance at all.

On Clause 2, the right hon. Gentleman did his best to arouse all sorts of apprehensions and fears about the new instructions or directions given to arbitrators resulting in the possibility of increased rents. [An HON. MEMBER: "When and where?"] I listened to the right hon. Gentleman's speech just now, and I heard many of his speeches in Committee. Two things are to be said about Clause 2. The first is that very few rents are fixed by arbitration. I do not know how many million rents are paid half-yearly in England, Wales and Scotland. It must be a very large number, but very few of them are fixed by arbitration. I meant to look up the figures before this debate, but I forgot. I have a figure in my mind which, I think, was given by the Parliamentary Secretary in Committee. It was that the number last year was 139, but I am open to correction. It is, however, an infinitely small proportion.

Secondly, rents fixed by arbitration are a great deal lower than rents fixed either by agreement or at open-market letting. The difference between rents fixed by arbitration and rents fixed by open-market letting is about 40 per cent. Thirdly, there is a wide disparity and lack of uniformity in the way in which arbitrators at present apply the rules. Some arbitrators give what might be called a discount to a sitting tenant and others do not.

Another point is that between 1923 and 1947 the open market was the criteria, for the simple reason that before 1947 There was not the kind of security of tenure that we know now. Therefore, the open-market figure was the yardstick. My hon. Friend the Member for Leominster (Sir A. Baldwin) knows that quite well. Is it suggested that between those years, 1923 and 1947, the arbitrators awarded rents at absurdly high levels? I have never heard that suggested. As my right hon. Friend the Minister said, security of tenure is designed to enable farmers to farm efficiently and not to enable them to pay a rent which is well below the economic rent, and farmers would not wish to do that.

The kind of progressive tenant that one finds today, with probably an agricultural degree, a good deal of practical experience and knowledge of all the scientific aids now happily available, can well afford to pay a very good rent. It is only fair that the landlord, for his part, by reason of the rent, should be able to afford to equip the holding at a standard which would enable the tenant to make the best use of the land, and, incidentally, make very good profits, too.

The correspondence on this subject in The Times recently has been very interesting. The job of the arbitrator, as pointed out in a letter in Tire Tunes, either today or yesterday, is to know the market value and not to fix the rent at a level which he thinks a certain individual tenant can pay. His job is to fix the market letting value of any given farm. A great deal has been said in Committee and on Report about the hobby farmer, that mysterious figure the stockbroker-farmer, who offers an absurdly high rent. It is suggested that an arbitrator, when asked to arbitrate on the rent of a farm, names the sort of figure that a hobby farmer would offer. I have never before heard such nonsense. To make that sort of suggestion is quite unnecessary. It is a disgraceful and unfair comment on the intelligence and integrity of arbitrators who are a very able body of men.

Hobby farmers as a whole do not become tenants for two good reasons. The first is that the landlord is very unwilling to spend a great deal of capital on unnecessary frills to satisfy the whims of a hobby farmer. The other is——

Will the hon. Gentleman give way? Is he aware that the Attorney-General said in Committee that the purpose of the Bill was actually to give instructions to arbitrators and to restrict their judgment? That was a principle which the Attorney-General accepted, but now the hon. Member argues that arbitrators should be left to exercise their own free will.

I am not arguing anything of the sort. I am saying that the phrase in the Bill—a rent at which the holding might reasonably be expected to be let—does not cover the sort of absurd offer that a hobby farmer might make. It does not mean an unreasonable rent or a freak rent which might be offered in a particular case.

As to Clause 3, I welcome the slight loosening in the security of tenure. It is wholly advantageous to the agricultural industry and to the general relationship betwen landlord and tenant. Whatever certain sections of the N.F.U. and hon. Members opposite may say, there is one section of the farming community which is absolutely delighted with Clause 3, and that is the young and go-ahead farmers. Up to now, with the security of tenure unaltered under the 1947 Act, the young progressive farmer who wants to get on has been invited to climb a ladder without rungs. There has been stagnation. It is precisely because of the difficulties and obstacles put in his way that we have the absurd disparity between the rent of a farm let with vacant possession and of a farm to be let in the open market.

Clause 4 gives a tenant a new and very important right which is perfectly fair and justified. Its actual impact is a good deal narrower than some sections of the agricultural community have thought on first impression. It is quite right to compel a landlord to carry out repairs and improvements to enable a tenant to comply with statutory regulations. Indeed, if he does not, a tenant might well get into trouble by contravening those regulations, for example, the milk and dairy regulations. But it was never meant to compel a landlord to spend money either on an uneconomic holding, or on one the future of which would be so uncertain that the prudent landlord as defined in the Farm Improvement Scheme, would be unwilling to spend money on it.

It is quite right that the Bill has been amended in Committee and on Report in such a way as to make the economic factor an extremely important safeguard, Under the 1957 Act improvement grants are not given for uneconomic holdings. Indeed their amalgamation is encouraged. It would be absurd therefore if the Government, by this Bill, compelled the landlord to spend money on fixed equipment for a holding which was uneconomic or whose future was uncertain.

I support the Bill because I believe that it will bring benefit to the agricultural industry. I believe that it will do something which has been needed for some time, it will bring agricultural legislation up to date with the requirements of 1958, instead of harking back to the requirements of 1947.

7.11 p.m.

The hon. Member for Windsor (Sir C. Mott-Radclyffe), in a speech in which he repeated arguments expressed cogently in Committee, repeated the argument that the Bill allows the arbitrator to have free discretion. That was why I intervened in his speech. The Attorney-General argued this, but within the principles of the Bill, when he said in Committee, on the discussion of Clause 2: By giving him these signposts or criteria, one will facilitate him in the discharge of his task. But why have signposts for a skilled professional man? He knows his job better than the people who framed Clause 2.

Then, again, the Attorney-General argued that the Government were wishing to achieve uniformity in the country, when he said: If what I have suggested is the position, it is desirable that we should try to secure a greater degree of uniformity throughout the country."—[OFFICIAL REPORT, Standing Committee A, 8th May, 1958; c. 342 and 341.] We have always argued that skilled arbitrators should be able to interpret the law as it is, and that there has been no demand from any section of the profession to alter the law in this respect. Over and over again the Attorney-General, the Minister and the Joint Parliamentary Secretary have inferred that responsible opinion in the profession has suggested an alteration, but we have repeatedly challenged the Attorney-General to give us any information about a professional body connected with arbitration pressing the Government to make an alteration in the law. Over and over again we have stressed this, and even at this late stage of the Bill no evidence has been produced. The fact is that arbitrators in the country have mat wished for this change. No responsible opinion has asked for it, and I am certain that the Government can give no evidence showing that they have been in consultation with the professional bodies concerned.

We argue that agriculture, and the issue of a dispute between a tenant and a landlord concerning the raising of rents, will vary from county to county. There can be no uniformity in this matter. For that reason we strongly oppose the principles contained in Clause 2.

There is no question of actual uniformity because, as the hon. Gentleman says, there is a vast difference between one county and another. We are arguing in favour of uniformity of principle in application, which is quite different.

Why give signposts? Why restrict the arbitrator? I do not want to quote another part of the speech of the Attorney-General; it was dreary enough in Committee. We are merely saying that the Government are, by their legislation, seeking to give guidance to the arbitrator, to give signposts, to restrict him to the principles contained in Clause 2. That was the argument of the Attorney-General. We are merely saying that arbitrators are skilled men in interpreting the law and that there has been no volume of opinion in the professional world which wishes to alter the law.

Therefore, despite what the hon. Gentleman has said, we suspect that the Clause is weighting the law against the tenant farmer. My hon. Friends have called this a landlords' charter, and even when we are discussing the technical aspects of the Bill in relation to arbitration we feel that in this respect the Government are weighting the law through their instructions to the arbitrator, and are weighting opinion against the tenant farmer. Indeed, that is precisely why my hon. Friends over and over again during the Committee stage, by various Amendments, have sought to protect the tenant farmer. That is why we oppose the Bill.

We feel that Clause 2 is a bad Clause. Moreover, we are certain that it would be far better if the Government had waited until the survey on farm rents has been completed. We argued on Second Reading and again during the Committee stage that the Department of Estate Management at Cambridge is still conducting its survey. There should have been no rush in this matter, and the Government could easily have waited until that survey was completed.

It may well be that farm rents in many areas are too low, as was argued by the hon. Member for Windsor in Committee, but it would have been far better if the Government had waited. We feel they have rushed into this matter because they are doctrinaire. The hon. Member for Windsor repeated the argument about ending powers. This view was stressed forcefully by the Minister. Hon Gentlemen opposite feel that the powers contained in the 1947 Act are now unworkable because there are changed circumstances and because we are not living in an age when we want to produce much more food because of world shortages.

Hon. Gentlemen did not argue this when the 1947 Act was going through the House of Commons. Neither have they done so in their political pamphlets or in their political statements. I would be out of order if I became too involved in talking about the 1947 Act, although this Bill is repealing part of the powers contained in that Act. Yet hon. Gentlemen opposite never argued that they would only support the use of disciplinary powers because there was a world food shortage as a result of the war.

Indeed, the National Farmers' Union, in the charter which it produced early in that period, never argued this. It has always been argued by hon. Gentlemen opposite in support of the 1947 Act that there must be a quid pro quo. Hon. Gentlemen have argued, and Ministers have made statements on this, that if the State is to give guarantees to the farmers in the form of assured markets and guaranteed prices, there must be arrangements whereby the State can exert a measure of responsibility. In this case it was expressed through the powers contained in the 1947 Act and also in the administrative arrangements to enforce that Act. Indeed, the very existence of county agricultural executive committees in the pattern of our post-war agricultural administration showed this.

So we have argued the principle that it is right that the State should exert its responsibility, representing the nation, the producers and the consumers, so that the farm land of this country should be farmed properly and estates managed efficiently. That is a principle which was accepted generally by hon. Gentlemen opposite. I know there were exceptions, and I will refer to them. The hon. Member for Leominster (Sir A. Baldwin), for instance, always argued against this. He consistently stood by his point of view, and I admire him for it, but responsible opinion in the Conservative Party, even when that party assumed political power, never accepted the point of view of the hon. Member for Leominster. It always argued that the State must have a measure of responsibility.

I believe that, despite the accumulation of surpluses, conditions in the world today have not changed. I believe that there is still a need to increase food production. The Food and Agriculture Organisation of the United Nations, has shown that if we increase the standard of living all over the world by improved nutrition, etc., there will still be a great demand for food, and that demand should continue.

There is not a lessening of the demand for food. Unfortunately, there is still a failure of world authorities to organise the distribution of food. In the past men like Lord Boyd-Orr have campaigned for the setting up of a world food organisation which would be able to distribute food. I am sorry, Mr. Speaker, if I am straying a little, but I am merely illustrating my argument that the Bill is unnecessary.

In present world circumstances we must still increase food production. More than that, we have a balance of payments problem, and it is right and proper that we should increase our own food production. Surely hon. Members opposite will not argue that we should not seek to stimulate food production.

Surely the hon. Member is not trying to claim that 236 supervision orders, or whatever the number is, are either enforcing discipline or improving efficiency.

What I am saying is that if supervision is carried out efficiently by county executive committees in a drive for increased food production, the supervision has an effect. The Joint Parliamentary Secretary in the Committee stage quoted figures about estate management in Wales where 300 supervision orders were made. It is true that in that instance only three estate owners were dispossessed, but I believe that the supervision action had an effect in Wales.

As my right hon. Friend says, there was an improvement. The existence of supervision orders improved the position. I would say to the hon. and learned Member for Cardigan (Mr. Bowen), who is supporting the Government in this matter, that supervision action had its effect in Wales. I am certain that tenant farmers who are anxious to have good estate management approve the administrative action of county committees in making supervision orders.

It is not true to say that because there are only a few cases of dispossession supervision has not worked. It is right that the State should have that sanction, though it should not be used indiscriminately. After all, the people who really decide to use the sanctions are farmers, landowners and the county committees which are acting as the agents of the Minister, not some powerful civil servant in Whitehall who wishes to act bureaucratically. The orders are really carried out by the industry itself. That is precisely our argument; by supporting the Bill hon. Members opposite are destroying the partnership in the industry.

Hon. Members opposite have not always taken their present view. They have been changing their view over the last three or four years, and not for the reason of the hon. Member for Leominster. They are doing it because sections in the Conservative Party are doctrinaire about agriculture and the running of our economic life. There is, for example, the argument about setting the people free. The charter for agriculture which was produced by the Tory Central Office has been turned down. Certain business interests are succeeding. I will not go into much detail, but hon. Members opposite are destroying a partnership, and that is a tragedy. We hold our point of view just as sincerely as hon. Members opposite do, just as the hon. Member for Windsor sincerely believes his point of view.

This Bill will work against the interests of the nation. We must continue to plan our agriculture. Conditions have not changed. Not only do we wish to make our contribution to food production, not only do we wish to challenge our balance of payment problem, but we wish to improve the fertility of our soil. We believe that we can do this only if we plan. That is why I am sorry that the partnership has been destroyed.

The county committees have done a good job. Over and over again in Committee we argued that the taking away in particular of the powers in Clause 1 would discourage them. In reply to that argument the Minister or the Joint Parliamentary Secretary said that there were many other functions for the committees, suggesting that they could be responsible for advisory services, and so on. More and more of those services are being taken over by skilled technicians in agriculture and by Civil Service administration.

I want to see an administrative organisation for agriculture where producers and landlords have equal responsibility. Such responsibility is being taken away, and in the end this action will discourage men and women serving on county committees. I hope I am wrong, because the committees have done a wonderful job, having supplied leadership in the countryside. There was a time, when the Labour Government was in power, when certain hon. Members opposite sniped at the committees and sought to discourage their work, but I believe that hon. Members opposite will now agree with me when I say that those who have served on the committees have done well.

The Bill is a wrecking Measure. The Minister has said that it is complementary to the 1957 Act. In that Act the Government legislated for declining farm incomes. The Joint Parliamentary Secretary has never refuted the figures, and the simple fact is that farm incomes have declined since the Government came into power. The farming world interpreted the 1957 Act as legislating for a decline in incomes. Coupled with that Act, the Bill gives no security and inspires no confidence in the countryside.

My right hon. Friend has demonstrated over and over again that responsible farm opinion is opposed to the Bill. This is not because we have gone out to the countryside to make speeches and spread propaganda; the farmers genuinely believe that the Bill is wrong and that we have here a reversal of the policy contained in the 1947 Act. We oppose the Bill this evening because we believe it to be a bad one. We have been unable to improve it in any real way. The Government, who have resisted any attempt to improve the position of the tenant farmer, have introduced the Bill for doctrinaire reasons and are destroying a partnership in agriculture which will, in the long run, have bad effects upon our food production.

7.28 p.m.

The right hon. Member for Don Valley (Mr. T. Williams) said yesterday that repetition was the law of propaganda. I am afraid that I shall have to indulge in a certain amount of repetition because I want thoroughly to endorse what my right hon. Friend the Minister has said. His was a realistic speech, and one that I think will meet with approval from the whole farming community.

We had about twenty sittings in Standing Committee and have spent four days in the House considering the Bill, and for a great deal of the time we have had to listen to very unrealistic speeches from the Opposition. What is the truth about the agitation of farmers against the removal of the disciplinary powers in Part II of the Agriculture Act, 1947? When the Act first saw the light of day, there was fear, which was helped along by the Opposition, that the Conservative Government would follow the example set by the Coalition Government led by the late Earl Lloyd George in 1921. That Coalition Government did away with the Corn Production Act, and the fear was that the Conservative Government would do away with guaranteed prices.

I think that the actions taken by my right hon. Friend and the Government generally should disprove that. The fears of the farmers were aroused a month or two ago, and the leaders of the N.F.U. helped the various branches in their meeting to condemn this Bill, root and branch. What is the position today? I propose to repeat some of the things I said yesterday, and I suggest that farmers are becoming satisfied, or are almost entirely satisfied, with the fact that the disciplinary powers, which they never wanted and with which they never agreed, do not mean doing away with their guaranteed prices. Although I said that yesterday, I think it deserves repeating.

I was at a meeting last Friday with two of my colleagues, the hon. Members for Ludlow (Mr. Holland-Martin) and Kidderminster (Mr. Nabarro). That meeting had been called by the farmers so that they might bombard their representatives with questions on all their problems. I have here the agenda. The Agriculture Bill was mentioned, as were the marketing boards, but the representatives of the farmers never said a single word about the repeal of Part II of the Act. Nor did they express the slightest anxiety that this step will lead to doing away with guaranteed prices.

The only matter that was mentioned was one which I certainly think does create a certain amount of doubt and fear in the mind of the farmers, and that concerns Clause 2, with which I will deal a little later. During the whole meeting, which lasted between two and three hours, not one word was said about Part II, on which we have spent so much time. The farmers raised other questions about milk, bacon, eggs, and so forth.

Last week, I also met representatives of a National Farmers' Union branch in the East of England, and spent some time talking to them about their problems. Not one single one of them wanted to see these disciplinary powers and the power of dispossession retained. It is quite wrong for hon. and right hon. Members opposite to give the impression in this House that the vast majority of farmers are against this Bill.

Supervision and dispossession never worked; and I am speaking as a member of a district committee during the war, before the Act was passed but when the same powers were in existence. I would say that if these supervisory powers had not been in existence, production would have increased. There were plenty of farmers who were on the margin, but who were afraid to go to their local agriculture advisory service to get assistance, because they were afraid that the report from the advisory committee's officers would be sent to the county executive committee and that they would be put under supervision. Therefore, I say that in actual fact the supervision orders were a detriment to production.

I am speaking as a member of a district committee in one area, while farming in another. I could quote many examples from within a few miles of my own farm. The position was absolutely ludicrous. There were farmers who were not producing 25 per cent. of what they should have produced, but no action was taken against them. Not one was put under supervision, when, in a time of food scarcity like the period during the war, they should have been turned out and should have made way for more capable young farmers.

As the hon. Member for Workington (Mr. Peart) has said, I was against this provision when the 1947 Act was passed. I was against the over-security of tenure which was given to farmers, and I spoke at farmers' meetings for that purpose. I always put myself right with the meetings at the beginning by saying, "I know quite well that I shall not get support from the older Members sitting in front of me, but I know quite well that the young farmers at the back of the room will agree with me, because they will know that, if we get over-security of tenure, it will simply mean that they will never have the chance of putting their feet on the ladder and getting farms themselves." That has been proved to be perfectly correct. This over-security of tenure has done more to break up the landlord and tenant system than anything else of which I know.

We on this side of the House have been accused of weighting the balance in favour of the landlord and of endeavouring to break up the landlord and tenant system, but that is a system which we on this side of the House approve. We know that if we do not act fairly towards the landlords, we shall break up the landlord and tenant system completely. How many hon. Members opposite can get up and say in how many instances where farms have come into the market, either through death or for any other reason, the landlords have been prepared to re-let the farms, knowing full well that, under the security of tenure which at present exists, when they re-let them they will part with the freehold, and all they will be left to do will be to pay the bills for the repairs as they come along? The result of this has been that landlords have not re-let their farms; they either farm them themselves or have sold them.

With this Bill, there will certainly be more flexibility in this respect, and the young farmers will have the chance of getting into farms without having to buy them. I am quite certain that the effect of the Bill will be not only that the young farmers will get the chance of farms, but that it will stop these excessive rents which are being offered when farms are offered for letting by tender. If there are more farms available, that will have the same effect as had the Landlord and Tenant Act. It will mean that there will be some farms open for renting by young farmers, and, therefore, the excessive prices, whether for the freehold or for renting, will be done away with.

Yesterday, the hon. Member for Hillsborough (Mr. G. Darling) was very unrealistic in the attitude which he took in the course of his speech. He said that the Government were weighting the Bill in favour of the landlord. I entirely disagree with that. We want to keep the landlord and tenant system, and to do it without what the hon. Member suggested—control of agriculture. The hon. Member said that it was still right that agriculture should be kept under control. Will hon. Members opposite go to rural constituencies and tell the farmers there that their plan is to put them under more control? I do not think they will.

I am prepared to go to my constituency and say that I believe in the controls and guarantees of the 1947 Act.

I am quite sure that this Bill will help the landlord and tenant system to a very large extent.

Now I come to the Clause which has created a certain amount of fear in the minds of farmers, and that concerns the question of what have been called the instructions to arbitrators. If I may declare an interest, may I say that I was at one time an arbitrator? I can assure the House that we had only the 1923 Act to go on, and that we did not take the slightest bit of notice of what the legal definition might be. We used our practical common sense, which we felt we had, or otherwise we should never have been appointed as arbitrators; and that will be what will happen now. It is completely erroneous to suppose that immediately the Bill becomes law, there will be numerous calls on arbitrators for fresh rents to be assessed. That has not happened before, and it will not happen in future. In most cases, the landlord and tenant, or agent and tenant, have agreed what the rent should be, and I am sure that that arrangement will continue.

The hon. Member for Workington said that there had been no complaints from arbitrators. There was a meeting of the Central Association of Agricultural Valuers in London last week, and it was agreed that Clause 2 would help valuers to decide what is meant by "an open market rent". Previously, decisions about what constituted an open market rent have varied from arbitrator to arbitrator. One has thought that it would be what a farm would realise in the open market, and another has decided that it was the rent in the open market, but taking into account the fact that there was a sitting tenant. The Clause has cleared the ground and has given arbitrators an indication of the meaning of "open market rent".

I expect that all hon. Members have received the latest memorandum from the National Farmers' Union in which the union expresses its fears about this matter. It is the wording of the Clause which I do not like and which farmers do not like, and I still hope that my right hon. Friend will reconsider the matter so that in another place steps can be taken not to tell arbitrators what to do, but to clear the doubts of tenant farmers on the meaning of these words.

I know that the Law Officers have said that there is no definition for certain words which some of us wanted to include in the Clause. However, that does not matter. What we want to do is to remove the fear that farmers will have to pay rents assessed at ridiculous figures decided by what a hobby farmer would pay, or what would result from an open tender. The union has said in the memorandum: … we hope the Government will make it perfectly plain not merely to arbitrators, but to landowners, agents and tenant farmers that the clause is intended to produce a full fair rent justified by the agricultural value of the land: no more, no less. We are confident that arbitrators as a whole will award rents they consider fair and sensible, but we are anxious lest many working farmers, unversed in the niceties of legal language, may be hustled into accepting rent demands they cannot afford. … I hope that my right hon. Friend will give this matter some consideration and see that some simple words are used to make farmers appreciate that their fears are groundless. I have not the slightest doubt that freak rents will not have the slightest effect on the decision of arbitrators.

We have to consider the land from an economic point of view. We have to satisfy the people that if a farm or land is purchased, it will be possible for it to be let at an economic figure. At present, there is much land which does not return the landowner a net 1 per cent. We want to encourage people to put their money into the land and to keep the landlord-tenant system going, not to force owners to sell land at fictitious prices in the open market.

It has been said that the Bill will result in reduced production because of the removal of disciplinary powers and supervision. We have had no disciplinary powers for two years—and, anyway, they never worked—but, in spite of that, production has risen 20 per cent. above what it was when we took office in 1951. At present, it is standing at 61 per cent. over the pre-war figure and the estimate for the current year is 63 per cent. It is ridiculous for hon. and right hon. Members to say that the Government's action will result in decreased production.

Let us remember that that increased production is coming from a smaller acreage. Much land has been taken for building, industry and other purposes. The hon. Member for Workington referred to the profitability of the industry, but the profitability in the last twelve months has increased by £30 million, and profitability is now greater than ever before. That is the answer to those who say that production and profitability are to be reduced.

These are not propaganda figures issued from the Conservative Central Office, but are figures agreed by the economists of the National Farmers' Union and Treasury representatives before the Price Review takes place. They are not figures brought out of the air, but figures agreed by both sides of the industry, and that fact should be noted.

In the Second Schedule, reference is made to the extent of repeals and so forth and more than ten Acts of Parliament are mentioned. The Bill is so shaped that it is impossible for the ordinary valuer, arbitrator or agent to give advice about it. In order to be sure of what he is doing, he has to search through numerous Acts which have been emasculated. As soon as possible, we should have a Consolidation Bill to tidy up these bits and pieces so that we can have one major Act which we can all readily understand.

In my time as an arbitrator, I acted under the 1923 Act, which was a Consolidation Act, and which we all knew—and if we did not understand it, we could see the explanatory books which the right hon. and learned Member for Montgomery (Mr. C. Davies) produced and which gave guidance as a result of which we felt we could give advice with safety. As it is at present I should be very nervous about giving advice to anyone who asked me for it.

I recommend the Bill to the House. It is an excellent Bill, which will satisfy most farmers that their interests will still be looked after, in spite of what hon. Members opposite have done to try to make them uneasy. I can only hope that having done all they can to stop the Bill reaching the Statute Book, and having lost the battle, hon. Members opposite will now help the farming industry to get on with its job.

7.50 p.m.

I approach the Bill at this stage and in its present state with very mixed feelings. The hon. Member for Workington (Mr. Peart) called it a wrecking Bill. I would not call it that, but it is a "curate's egg" of a Bill. Some of it is to be commended and some is still a source of considerable anxiety. It could have been improved immensely in Committee if the Minister had not been so intransigent. It has come to us substantially unaltered, and that is most unfortunate in some respects.

I am in substantial agreement with the contentions of Clauses 1, 4, 5 and 7, but I am far from happy about Clauses 2, 3 and 6. I agree almost entirely with everything said in regard to Clause 1 by the Minister. I welcome this step by the Government to repeal Part II of the 1947 Act. In so far as that repeal will have any practical effect—I do not think that it will have very much—it will help to produce a much more healthy atmosphere in the industry. Even the limited operation which Part II has had in recent years has been carried out with a feeling of loathing on the part of those who have had to implement it. It has certainly been regarded as a distinct stigma by those who have been subjected to it.

I do not share the enthusiasm of the official Opposition for the existence of these powers, or their wish for a more extended exercise of them. Once the industry feels fully assured that the maintenance of Part I of the Act in no way depends upon the continuance of Part II it will feel relieved that these punitive powers of the State upon it—and it is the only industry in this country which is subjected to such powers—have been removed.

One hon. Member talked about a partnership between the farmer and the State. There is such a partnership, but it does not depend upon the existence of powers of punishment by one member of the partnership upon the other. It depends upon qualities far greater than that, which have nothing to do with punitive powers.

The right hon. Member for Don Valley (Mr. T. Williams) referred to the fact that the Franks Committee had not recommended the repeal of Part II of the Agriculture Act of 1947. That is true; neither did the Committee suggest that the powers should continue—for the reason that any such recommendation would have been completely outside its terms of reference. What the Committee did say was that if the powers were to be continued those who would be subjected to the disciplinary action envisaged in Part II were entitled to elementary rights, just as is anyone else who has disciplinary action exercised against him. I welcome the fact that, rather than implement the recommendation of the Franks Committee to produce that elementary justice in the operation of Part II, the Government have gone further and decided to wipe it out altogether. The national advisory services will be able to operate in a much more healthy and wholesome way than they have done up to now.

Clause 4 gives tenants welcome rights, and I have no complaint about it, and I welcome the transference, under Clause 5, of a number of the Minister's functions to the Lord Chancellor's Department, and the placing of greater responsibilities, in a wider sphere of operation, upon land tribunals. I have had some professional experience of these tribunals, and in my opinion they have carried out their work in a thoroughly commendable way ever since the 1947 Act came into operation. The right hon. Member for Don Valley suggested that this extension of the function of the tribunals was something in the nature of a lawyers' paradise. He forgets that a tribunal consists of three people—a legal chairman, with two other members who are essentially of the farming community.

I now turn to two of the three Clauses which cause me considerable anxiety—Clauses 2 and 3. The first lays down the formula for rents and the other deals with notices to quit. I commend the courage of the Government in attempting to deal with these two subjects. I do not suggest in any way that they did not require attention, and I agree with a great deal of what the hon. Member for Leominster (Sir A. Baldwin) had to say about the need for greater fluidity. One of the tragic features of modern agriculture is the difficulty experienced by the young farmer and farm worker in climbing the agricultural ladder.

I believe it was the Minister who referred to the partnership between landlord and tenant. I agree with the sentiments he expressed, but if it is to be a true partnership it must depend upon fair and equitable arrangements between the partners. Once we have a bias in favour of either the partnership is endangered. That is the test which I apply to Clauses 2 and 3.

Clause 2 could have been improved immensely during the Committee stage if Amendments—not necessarily in the precise form in which they were proposed, but upon the same lines—had been accepted by the Government. I believe that the formula laid down in the Bill may—I do not put it any higher—lead to an unfair bias in favour of the landlord and against the tenant when rents are fixed. The hon. Member for Leominster talked about what he used to do, how he used his practical common sense, and I am sure that he did. But, after all, the Minister is laying down a formula for arbitrators and they are bound by it. They would not be bound to exercise their practical common sense within the framework of the formula, but they cannot go outside it. They cannot pray in aid what the Minister has said about the formula. They will be bound by the specific wording of it as legally interpreted.

Looking at the formula, it is quite clear that it will not exclude freak rents. The reference to an open market makes that inevitable. So we shall have the arbitrator bound by the formula, having to take account of freak and abnormal rents which bear no relationship to particular agricultural values or to values in the district generally.

An arbitrator is appointed and makes his decision. He does not have to tell anybody of the facts on which he has based that decision. There is no appeal against his decision, unless he has misconducted himself, and, therefore, we shall find that the arbitrator is not bound by the terms of that formula.

I am glad that the hon. Gentleman used the phrase "unless he has misconducted himself". It is clear, for example, that if an arbitrator acted contrary to the formula laid down in Clause 2, he would have misconducted himself. He might be cagey enough to avoid disclosing that he had done so, but the plain fact is that arguments based on the formula might be advanced to the arbitrator which, if he acted honestly, he could not reject just because he did not agree with the formula. He is bound by it. In this respect I should prefer things to be left as they are; that the arbitrator be allowed to arbitrate on the rent properly payable, and to give full weight to the practical common sense of the hon. Member for Leominster.

It seems to me there is a danger that, by reason of going to arbitration, tenants may have to pay inflated rents which do not bear a true relationship to the agricultural value of the land concerned or the agricultural values in the area as a whole. I make no complaint about the phrase of the hon. Member for Leominster, "a full fair rent justified by the agricultural value of the land." Why could not a phrase of that kind be incorporated in the formula? That would have avoided all the apprehensions expressed about Clause 2 during the Committee stage discussions.

It has been said that very few rents are fixed by arbitration, that most are fixed by agreement, and I agree. But one of the factors—it is only one of a number—to be considered in determining what rent a tenant is prepared to pay and a landlord is willing to accept, is the formula which would be applied if they failed to agree and had to go to arbitration. So this formula will not only affect cases which go to arbitration; it will influence the whole basis of voluntary agreement between landlord and tenant. Therefore, it will have a significance outside the actual arbitration hearings.

Clause 3 could have been improved substantially during the Committee stage, but it has been left materially unchanged. I concede that it contains safeguards affecting certain aspects, but in this Clause there are still matters which give cause for anxiety. The one to which I wish particularly to refer is in paragraph ( b ) in the subsection which it is proposed to substitute for Section 25 (1) of the 1948 Act. Although there has been an Amendment to this paragraph, the fact remains that the landlord, under the terms of the Bill as drafted, can invoke it for the purpose of carrying out a compulsory amalgamation of two holdings, both of which are being farmed without complaint.

I listened with alarm to the speech about this matter made last night by the Solicitor-General for Scotland. It is clear that although a farmer may be farming his land in a perfectly sound way, if it is in the interests of the management of a larger estate that his farm and other farms should be amalgamated, the landlord, by the provisions of this Clause, is enabled to serve a notice to quit upon that farmer, and none of the saving provisos in the Clause will prevent such a notice from operating. It would be far more equitable had the landlord to establish that such an amalgamation was in the interests of sound management of the land being farmed by the person affected by a notice to quit.

There are other matters in the Bill about which I am critical. I believe that the Minister has lost an admirable opportunity to produce what could have been a really good Measure by refusing to accept Amendments, particularly to Clauses 2 and 3, which would have placed the landlord and tenant relationship on a fair basis. Clauses 2 and 3 do not provide such a fair basis. Although I wholeheartedly welcome the abolition of Part II of the 1947 Act, and despite the fact that in some other respects the Bill contains some necessary and desirable provisions, my disquiet about other parts of it, particularly Clauses 2, 3 and 6, are such that I do not consider that it deserves the blessing of this House.

8.10 p.m.

I am sorry that, having steered a careful middle way for some time, the hon. and learned Member for Cardigan (Mr. Bowen) eventually appeared to fall down on what I considered to be the wrong side of the fence. Nevertheless, his support on the important issue of principle in Clause 1 is valuable, coming from one for whom I have considerable respect. I hope that during my few remarks I may be able to show the hon. and learned Member why I do not share his fears about Clauses 2, 3 and 6.

During what might be described as our somewhat lengthy discussions on the Bill, I have constantly heard it said that the Bill was unnecessary and that we should remain where we were with the 1947 Act, which, somehow or other, should be sacrosanct for all time. On the other hand, of course, it is widely accepted that the agricultural industry has made great progress in recent years. I would have thought, therefore, that it is desirable that we should bring our agricultural legislation into line with the present-day requirements of the industry. I welcome the Bill, because, in my view, that is exactly what it does.

Having been subjected to the full weight of the barrage of arguments against Clause 1, I remain quite unimpressed by them. I simply do not believe that the land will be well farmed only if farmers are constantly threatened with a big stick. Indeed, any such suggestion would be quite properly resented in our countryside. On the contrary, I believe that advice and persuasion are far more likely to achieve results than threats and coercion.

It is encouraging today to note the keenness with which the vast majority of farmers seek knowledge on new developments. As a result, the advisory services, the agricultural colleges and the county farm schools have all achieved considerable success in encouraging the use of new and improved methods. Nor, in this respect, should one forget the valuable influence amongst the younger generation of the young farmers' clubs.

The root problem, however, remains. It is simply that the same small minority of farmers who would benefit most from such advice are just those whom it is most difficult for anyone to reach. Equally, they are the same farmers who were likely to be affected by disciplinary powers. I have no doubt that the fear of supervision and dispossession has deterred them hitherto from approaching the advisory services. I am quite sure, therefore, that as a result of the Bill, the advisory services will find it far easier to gain the confidence of such farmers and to help them, once the threat of these punitive measures has been removed. Consequently, I would say to those who are anxious, as we all are, to ensure the efficient farming of our land, that such methods of persuasion and assistance are far more likely to achieve the result they want than threats, coercion and a big stick.

Then, it is suggested by some that if the supervision and dispossession powers in Part II of the 1947 Act are removed, a future Government might be encouraged to sweep away the whole price guarantee system in Part I. I simply cannot see any foundation whatever for that fear, certainly not as far as the present Government are concerned.

I was born, but was not interested in agriculture to any great extent. I do not think that the vast majority of farmers are interested in 1921, either. They are interested in what goes on in 1958.

Anybody who suggests that this Government should want to sweep away Part I of the 1947 Act has to answer the question why, not so long ago, the Government strengthened it by the introduction of the 1957 Act. I know that it is suggested on the benches opposite that the 1957 Act has no value and that it was merely a charter for what people say is a declining industry. Nevertheless, it was very much welcomed by the industry at the time that it was introduced. Nobody can deny that it introduced guarantees which were not present in the 1947 Act. Furthermore, many farmers are beginning to appreciate the 1957 Act at this time, when world prices are falling. I can think of many of our industries which would welcome a 1957 Act, or something like it at this moment. There is not an hon. Member who can deny that.

I turn now to the relationship between landlord and tenant. This is fundamental to our agricultural industry, unless, of course, it is sought to nationalise the land. I understand, however, that that proposal is less popular than it was. Indeed, we must do everything we can to foster the landlord and tenant system and ensure, as the hon. and learned Member for Cardigan rightly said, that it is conducted on a basis which is absolutely fair to both parties.

In that respect, everyone will welcome the agreement on security of tenure, which is what it was, between the C.L.A. and the N.F.U. which resulted in Clause 3.

I understand that the hon. Member speaks for Scotland and I know that in Scotland they did not agree. Equally, however, I understand that there was agreement between the English N.F.U. and the English C.L.A.

Does the hon. Gentleman not know that the Minister has admitted from the Dispatch Box that the English N.F.U. had these discussions with the C.L.A. under duress? The C.L.A. was told that there had to be a Clause 3. It did not want one, but if there had to be such a Clause the Association was willing to play its part in determining its terms.

My right hon. Friend never said that it was under duress. That is too strong a term.

I am not concerned with the exact basis on which such agreement was reached. I do not want to put it too highly, or make a major point of it, but the fact is that when they got together on an important matter it is satisfactory to the agricultural industry that the two major partners in it should find it possible to reach an agreement, which they did. It shows that the two bodies, who inevitably approach the problem of security of tenure from very different points of view, as they are bound to do, are ready, in spite of that, to work together for the good of the industry as a whole. Only the most blind or prejudiced would deny that this spirit is widespread among the individual members of both organisations. We would do well to remember this in considering Clause 2.

Inevitably, in framing legislation one has to concentrate on the very small minority of cases where the landlord and tenant cannot settle the rent by mutual agreement. As my hon. Friend the Member for Windsor (Sir C. Mott-Radclyffe) said, however, it is a very small minority indeed. The rents which are fixed by agreement are also a great deal higher than those which have been awarded under arbitration. Those are two important points which put the whole question of Clause 2 into proper perspective.

As there is so much agreement, it is all the more important that when the arbitrator is called in his award should be manifestly fair to both sides. It has been clear for some time that the guidance previously given to arbitrators was not sufficiently specific. The words used—"the rent properly payable"—led to a situation where quite different rents were often awarded for precisely similar holdings in the same part of the country. I cannot see that that is fair either to the owner or to the tenant.

I am glad that an effort has been made in Clause 2 to make that guidance clear. I am sorry that those who are learned in the law, like the hon. and learned Member for Cardigan, do not feel that is so. I should have thought that the word "reasonably" which appears in the Clause would, in fact, eliminate any idea of freak rents. My hon. Friend the Member for Windsor has dealt with the issue of the hobby farmer and exposed it for the shallow little thing it is. I should have thought that by the mention of the words might reasonably be expected to be let in the open market by a willing landlord to a willing tenant, the freak rent was excluded.

I also welcome Clause 4, as I think every hon. Member does, because it gives the tenant a proper right in regard to statutory requirements.

On the whole, it seems to me that the Bill fulfils its purpose of bringing our agricultural legislation into line with the present-day requirements of the industry. I have not been persuaded that there is any valid reason for retaining punitive powers merely as a show when nobody wants to use them. I am quite sure that advice and persuasion will accomplish far more than a big stick, which was supposed to be wielded and, in fact, never was.

I support the Bill wholeheartedly as a Measure which I am quite sure will, with the 1957 Act, prove to be in the best interests of a sound and progressive agriculture.

8.21 p.m.

I am very sorry that the Minister is not now on the Front Bench because I want to begin by saying one nice thing about his speech. I found that he was most urbane and good humoured, but that is the only nice thing I can find to say about his speech. He had good cause to be good humoured because, at the end of seventy hours in Committee upstairs, and a day and a half here, he had come to the end of a long journey.

During his speech the right hon. Gentleman said, and we must of course think he is sincere—he spent a long time telling us—that he thought the Bill was in the best interests of the farming community. We do not think it is and we shall oppose its Third Reading later this evening. The Minister went on to raise bogies. We met this before the war somewhere else. It is a bit unworthy of a man who thinks he has a good case to attempt to distract the attention of his hearers by raising a false issue. The false issue was that hon. Members of this party had gone about the countryside and by their "propaganda" had attempted to whip up a completely false and phoney opposition to the Bill. The Minister knows that is not so. He knows it quite well. No hon. Members on these benches have gone to N.F.U. meetings and whipped up opposition. In the beginning and still now, it was and is genuine, spontaneous, solid, sincere opposition to the provisions of the Bill.

I turn to the Joint Parliamentary Secretary. He is constantly telling us about N.F.U. branches. At the beginning he admitted that something like 47 or 48 county branches were against the Bill. Then he gave the number as 45 to 43, after a month or two of sittings of the Committee upstairs. I challenge him. He said in the debate yesterday that the opposition now was negligible and that farmers as such were now on the side of the Government. Is that so? Has there been a Gallup Poll? How does the hon. Gentleman know? The hon. Member for Leominster (Sir A. Baldwin) spoke on the same theme.

One speaks as one finds in this matter. I do not know where the Parliamentary Secretary gets to. He tells me that he gets to many markets in the country. I should like him to say later, or even now if he will, what his figures are now in the matter of support for his party and the Government on this controversial Bill. It was at least controversial some weeks and months ago. I hope he will take my word for this. I assure him that when I speak to farmers in Warwickshire they are as adamant against it as they were. They get about. They go to markets in Northampton, Leicester and all over the Midlands and they still oppose the Bill.

The hon. Member deliberately challenged me. I do not say that counties have now passed resolutions supporting the Bill. I have never said that but I do say that opposition has died down. I would call in aid of that the fact that a number of hon. Members, including myself, received a memorandum from the N.F.U. yesterday or the day before in relation to this Bill. It is very significant that, although it made certain constructive points on other parts of the Bill, it did not even bother to mention Clause 1. If there is still sharp opposition to the Bill, it was not shown in that memorandum.

This is like the story of the famous German philosopher who ceased knocking his head against the wall because of the pleasure it gave him to cease knocking his head against the wall. We are coming to the end of a long journey now and that is the way people feel about it. The Minister said, as the Parliamentary Secretary said a few seconds ago, that there is not now a campaign going on against the Bill. That is not to say that there are not still fears in the countryside. As we understand it, there are, but it is difficult to wage a campaign against a hypothetical future.

Our case is that if Part II of the 1947 Act is abolished, as it is by this Bill, slowly but surely Part I will also go. That is what the farmers feel, but since at the moment they still have guarantees and supports, they find it difficult to wage a campaign against what will happen in the future. They fear that will happen and they are very scared. We feel that it will inevitably follow on the liquidation of Part II of the 1947 Act. Make no mistake about it, those fears are there. I hope that the Parliamentary Secretary will convey my good wishes to the Minister and my comments on the Bill. The Minister said that he had no fears about it. Of course he has no fears. His future is not hypothetical; he will not be on the Government Front Bench in two years' time. He is wishing this baby on to our doorstep when we come back to power in 12 or 18 months' time. It is a little irresponsible to pass a Bill of this nature against the wishes of the countryside and to say to the Opposition, "This is your baby; handle this in 18 months' or two years' time when you come back."

This is a most undemocratic measure. Hon. and right hon. Gentlemen constantly tell us that we are the doctrinaire side and they point, for example, to steel and say, "Here is this Labour Party. If it gets into power, it intends to nationalise steel once more". Thousands of pounds are spent on propaganda in the newspapers and elsewhere against what can happen if, or when, we return to power. Yet let us consider what the Tories are doing to the farmers. They allege that we shall force Measures upon an unwilling electorate, but this is exactly what they are, in fact, now doing. They have no support for this Measure, and they have had none since they first told the countryside about it. It is amusing that hon. Members of the party opposite, who are always trying, as it were, to whitewash themselves and point the finger at us, should go ahead like a steamroller to push this Measure through and make sure that, with the Whips on at ten o'clock it will be passed.

The Tories constantly say that they object to controls. Are these controls? Are these the "big stick" they talk about? Who is administering these alleged controls? Is it not self-discipline in a closed community, among farmers living among themselves in their own villages'? Is it not self-government? Is it not almost syndicalism, in the old-fashioned text-book language, where an industry governs itself? The figures that the Minister gave earlier about the number of dispossession orders bears out what I say.

This is a genuine deterrent in the sense that the peers among farmers talk to their own colleagues and say, "This farm is not being looked after. If you continue like this something will happen." The deterrent is there. The atmosphere is there. It is nothing to do with a "big stick" used to evict poor, helpless, homeless people from their farms. If the Minister would turn his attention to the eviction of farm workers from farm cottages, that would be a much more useful task.

I know my constituents, tenant farmers, small farmers. They are exceedingly jealous in the task on which they are engaged—tending the soil. They are not like employees in factories. It is a calling different altogether from work in an urban setting in a big factory. Farmers jealously safeguard the land they tend. They have their standards. They feel that they are looking after a national heritage. The good feeling between the urban population and the countryside is important and it is something we must encourage; but Bills of this sort will not help in any way whatever.

I speak as I find. I know from what my constituents tell me that farmers fear that, if Part II goes, we shall once more have a campaign against them such as we had some years ago, which was typified, "sloganised", and best expressed in the word "featherbedding". They feel that, once invigilation of their work in looking after this national asset, the soil, goes, once accountability goes, then people will say, "Why do we subsidise and help these people if we cannot determine that the money is wisely spent?" Not many farmers waste or just dissipate the money given them. Of course not. There is a small hard core of bad farmers. That is all it is. The farmers themselves know that very well. They realise that, in their midst, there are some black sheep, so to speak, people who do not pull their weight.

There is no demand among farmers as such for the Measures now being pushed through by the Government. Farmers generally, like any other section of society, admit that there are some bad ones, some who are lazy or careless and who do not pull their weight, and therefore they are prepared to put up with these so-called controls. There has been no demand by genuine farmers for what the Government now intend to put upon the Statute Book. It is nothing more than doctrinaire policy on the part of the Government. They come along with their slogan, "Take away controls". The control may be a good one, as in this case it has been, but they want to take it away, not caring whether it is good or bad, merely because it is a control.

We oppose the Bill, and I honestly believe that I can speak for many hundreds of my constituents when I say that the farming community is opposed to it.

8.34 p.m.

My right hon. Friend in moving the Third Reading made an exceedingly good speech. I quarrel with only one part of it. He attributed what I thought was altogether too much importance to the propaganda efforts of the Opposition. Speaking for Scotland, I can tell the House that these propaganda efforts have proved an utter failure. I speak for the part of the country that I know. I took part in the recent by-election in Argyll from the north to the south. The result proved that as Scottish farmers have gradually come to appreciate what the Bill really does and does not do, they have realised more and more that the initial propaganda against it from the Opposition and from other quarters is entirely or mainly unjustified. Again I speak only for the part of the country that I know, but the truth is that there is no longer any broad opposition or uneasiness about the main tenor of the Bill. Propaganda against it has proved to be a complete failure.

We have reached the stage on Third Reading of reflecting, as it were, upon the general course of events. Two things are said by the Opposition today, as they have been said before, which can now be answered effectively. They were both said by the hon. Member for Rugby (Mr. J. Johnson). One is that there is not and never has been any demand for this Measure, and, secondly, that there is no support for it. Neither is true.

Let me take them one at a time. Of course, the hon. Member for Hamilton (Mr. T. Fraser), who has spoken a great deal upon the Scottish situation, naturally says that there is no demand for removing the disciplinary powers. That is the stock Labour view about every attempt to restore freedom. The Labour Party believes in controls. It cannot conceive it possible that any human being can dislike controls. Therefore, the hon. Gentleman says that there is no demand. He said that there was justification for it in 1947 and he reminded us that we all supported that point of view. The hon. Gentleman was good enough to read an eloquent speech of mine delivered ten years ago when I agreed with that. But the hon. Gentleman is a man who never forgets and never learns. He never forgets what I said, which is very kind of him, but he has not learnt that things move forward and conditions today are not as they were ten years ago. They have changed, and although the hon. Gentleman may regret it the country does not regret it. Time after time when the Government have undertaken and carried through substantial alleviations of control they have been opposed by the Labour Party and eventually acclaimed by the country and proved to be absolutely right.

Let us consider the building industry. We sought to free the builders. This was attacked as the most dastardly national action. But it has proved to be a triumphant success. So will be the case here and so it is regarded by the farming community. I think that there will be a broad, lasting welcome by the farming community at the removal of these necessary wartime and immediate post-war measures.

Does the hon. Member not appreciate that in 1947 he complained that it had taken twenty years for the House of Commons to accept his advice that these controls were absolutely essential? He had been advocating this policy for twenty years before 1947. Therefore, he cannot say that he supported the controls in 1947 during the immediate post-war period simply because it was the post-war period.

The hon. Member correctly quoted my words in Committee. Now he has tried to recall what I said and he has got my words wrong.

Let the hon. Gentleman look for himself. I should like to proceed with a short speech; I do not want to take up too much time.

The next question is, is there and was there a demand for an alteration in the system of rents and in the system of security? Everybody admits—and the right hon. Member for Don Valley (Mr. T. Williams) was most emphatic about it today—that this is an industry in which there is a two-partner system—landlord and tenant. The right hon. Gentleman said that he wanted fair play to both and that both were essential.

There is no doubt that the landlords have for years been appealing to us on the ground that the system of rent control and fixity of tenure was making it impossible for them to play their part in this partnership. That has been an insistent demand. An hon. Member may say, if he is a Socialist, "I do not listen to the landlord". All right. I understand that but that hon. Member cannot at the same time defend this dual partnership and disregard the continued demands of the landlords. It is an obvious demand. They have said, "How can you expect us to continue to invest our capital in property over which we have virtually no control whatever as to its income, ownership or possession?"

As to income, the right hon. Member for Don Valley admitted today that in many cases rents have been far below economic value, yet under the law it is not possible, save in exceptional cases, for the landlord to get a reasonable return. Because of that, are we asked to destroy the foundations of a prosperous agriculture? I have listened to the demands of owners of land. In my contacts, I have found the farmers in Fife very frank in their views. They have said to me, without any exceptions at all, that they recognise that the system of rents has not been fair to the landlords. That is the farmers' view and I challenge anybody in the House tonight to give me the name of one reasonable farmer who does not take that view.

I come to the second matter upon which I claim there has been demand, security or fixity of tenure from the landlords. What is the problem there? The landlord has said to us, "How can you expect us to play our part in this dual system if we can never get possession of the land we own?" By circumstances which are quite fortuitous, the Scottish farm tenant has a fixity of tenure which was never intended and which is not enjoyed by tenants in England. I think I am right in saying that when the Labour Government discovered in 1947 this fixity of tenure, by a turn of the Scottish law which was unpremeditated, they would have been very glad to alter it, but it was too late.

Fortuitously, the Scottish tenant farmer has this fixity of tenure and the landlord says, How can I be expected to make my contribution to this partnership if I can never in any circumstances get possession of my land?" It is an unreasonable and impossible situation. Therefore, there has been a persistent demand for a readjustment of this matter of security. There again, I say, without fear of contradiction, that the reasonable farmer, be his farm large or small, recognises that a change in that situation is desirable and necessary in the interest of farming.

That being so, this is my conclusion. At the beginning members of the Farmers' Union were naturally anxious. The union was naturally critical. That, of course, is its function in life, whatever the Government. But I claim that as the weeks have passed and Amendments have been made to the Bill, some of them very important, particularly with regard to the Scottish situation, the effects of the Amendments have become apparent and the general tenor and purpose of the Bill have become better known. The anxieties which were natural at the beginning have gradually faded away.

I would not dream of saying that there are no anxieties, but as this Measure becomes law and as the arbitrators, in the few cases which they will handle, gradually proceed with their work, I am quite satisfied that farmers as well as landowners will regard this as a proper step forward in this age of growing freedom. That is the essence of it. The Government are to be congratulated on that. I would offer, if I may, with the greatest respect, this modest piece of advice to Scottish Labour leaders, "You may write this off as a propaganda effort. It has been a complete failure and you had better forget it."

8.46 p.m.

The hon. Baronet the Member for Fife, East (Sir J. Henderson-Stewart) was recently decorating the Front Bench opposite. I do not know why he was sacked.

I am now beginning to understand why, but the hon. Gentleman has had some compensation in becoming a Baronet and, after his speech today, I have no doubt that he has earned his seat in another place. I am rather surprised that he should have repeated on the Floor of the House some of the statements which he made in Committee, when the Press reached a stage when it was not reporting our discussions at all. But the hon. Baronet advances the argument now that opposition to the Bill is the result of propaganda. He repeated the charge made by the Minister that the Opposition was raising bogeys in which there was little substance.

How far is this true? I became aware of strong opposition in Scotland to the provisions of the Bill when we met a deputation from the National Farmers' Union. We did not instigate the National Farmers' Union to come to us to create propaganda in Committee or on the Floor of the House. The union came to instigate us, and all along in Scotland there has been the strongest, continuous and most persistent opposition from the people who have the right to speak for the organised farmers of Scotland.

The idea that the initiative in this came from the Opposition in order to stir up trouble which has been ably frustrated by the genius of the noble Lord the Joint Under-Secretary who spoke for Scotland in Committee is a complete fantasy. The hon. Member for Fife, East challenged me to name a reasonable farmer who objected to the provisions of the Bill. I was immediately going to give him the name of the farmer who is in trouble with the Minister who will speak for Scotland in another place. He is Mr. John Rennie of Pant, who is at present being arbitrated on against an unreasonable landlord who happens to be the Minister of State for the Scottish Office and who will support these provisions in the House of Lords. However, I do not wish to debate on individual personalities, except to say that I was promptly going to accept the challenge of the hon. Baronet. He knew that, and so he slipped off.

The idea that the National Farmers' Union has been manipulated by us is sheer nonsense. In fact, the National Farmers' Union came to us and put up its case, and there is not the slightest degree of relaxation of that opposition. Far from it being instigated by the Socialists, the most persistent critic of this Bill week after week in the Scottish Farmer has been the farmer who happens to be the Tory Vice-Chairman of the County Council of Ayrshire.

Week after week, Mr. William Young, both in the Scottish Farmer and in the Kilmarnock Standard has urged us to persist in our opposition to the Bill because it is the opposition called for by the farmers' organisations in Scotland. And although the hon. Baronet represents what he calls reasonable, intelligent, anonymous farmers, whose names we have not heard throughout the debate, and claims to express the point of view of the farming community, what we have to take into account is the organisation which represents the farmers of Scotland. There is not the slightest doubt that this organisation has issued its communiqués, has passed resolutions and has maintained persistent opposition.

The hon. Baronet referred to Argyll. In Argyll the combined vote of the Liberal and Labour candidates, who are opposed to the Bill, was in the majority. There was a majority against the Bill, and all I can say about Argyll is that as a result of the hon. Baronet's propaganda we hope the party opposite will send him round to every constituency in the country.

I did not do very well because I was not there.

Let us turn to the Secretary of State for Scotland himself. He is under no delusion about the attitude of the National Farmers' Union of Scotland. He went to to the National Farmers' Union Conference. He went, and he saw, and he did not conquer. It did not work. Of course, if the noble Lord had been sent, it might have worked, and if we ever get the proceedings of this House televised during the course of an Agriculture Bill, I hope that the noble Lord is put up.

Let us see what the Scottish farmers said. I have innumerable quotations from which to choose. This is a good one. It is a quotation from the Scottish Farmer the week after the Secretary of State went to try to appease the farms—the Neville Chamberlain—

Let us get it clear from the beginning that I did not go to appease the farmers. I went to explain what the Bill was about, and I had an extraordinarily good and very kind reception.

We will examine that. The right hon. Gentleman is, of course, very plausible and a very good film star.

Yes, plausible. Surely there is nothing wrong in using the word "plausible". I could say much worse things than that. We must remember that we are in politics.

I was about to tell the House of the reception given to the Secretary of State by the Scottish farmers. If all the farmers were so much in favour of the Bill, why did the right hon. Gentleman want to go there and convince them? The right hon. Gentleman's words are different from the version given by the hon. Baronet.

I think it wise to keep the story correct stage by stage. It is normal for the Secretary of State in some years to go to the annual meeting of the Scottish National Farmers' Union. I was not able to go the previous year, but I went this year. It happened to be the year of this Bill, and so the obvious thing for me to do was to explain what the Bill was about.

I have before me a report of the meeting. There was a good photograph of the right hon. Gentleman, too. If his speech had been as good as his photograph he would have won hands down. The Scottish Farmer says: The speech by the Secretary of State for Scotland to the annual meeting of the National Farmers' Union, persuasive and emphatic though it might be, obviously did not convert many of his audience to his point of view that the Bi1J is in the very best interests of Scottish agriculture! Nor did the speech alter by one wit the decision of the council—a decision taken after the most careful consideration and study—that the Bill must be opposed in the interests of Scottish agriculure. This was not before but afterwards. Neither broad assurances, irritable insinuations that the Bill has been completely misunderstood … will change the farmer's belief for a moment that when it comes down to particular and individual cases his fears will be confirmed. After there has been this persistent barrage of criticism of the Minister from the National Farmers' Union itself both on the issue of the agricultural committees and on the issue of Clause 6——

As the hon. Member knows, I represent a constituency in a very important part of southern Scotland where we have some of the richest dairy ground in Britain and Europe, but I have had not one letter from a farmer or any representative of the Scottish National Farmers' Union about this matter.

I can explain that. Any farmer reading HANSARD would conclude that the hon. Member for Galloway (Mr. Mackie) had died in 1950.

The hon. Member is making very heavy weather about the various branches of the National Farmers' Union being against the Bill, but how does he square that with the fact that I have not received one letter containing reference to the situation?

I have given what I think is the genuine explanation. Evidently the farmers of Galloway think the hon. Member is actually dead. When they read today's HANSARD they will be pleased to know that he has undergone a resurrection. I should like to illustrate how unfair this procedure has been to the hon. Member for Galloway. I have a great personal regard for him. I do not wish him to be dead; I am glad that he is here. If the hon. Gentleman had been on that Committee—he could not even get on the Committee——

This is extraordinary. Here is an issue affecting the farmers of Scotland and about 70 constituencies, and how many of us were able to get on this Committee? Six. "Too many," says the Secretary of State.

Well, somebody said "Too many."

This is the right hon. Gentleman who is supposed to protect the interests of Scotland. The farmers of Galloway must have known that the hon. Member for Galloway was not on the Committee. There were only six of us on the Committee, three from either side. When this Bill, which has now been amended, was before the Scottish Grand Committee, every Member from Scotland who represented farmers at all was able to put the farmers' point of view. Now they have so whittled down Scottish rights and representation that only six were on the Committee, and one was the noble lord——

Well, I represent both farmers and miners, and my constituents are not deaf and dumb.

It is an open question who put me in, but the fact is that I got in. I want to put this as the background to what I think is a major injustice to Scotland as far as the procedure on this Bill is concerned. There were only six of us, and when the vital Clause 6, affecting the future of security of tenure in Scotland, was before the Committee, three voted against the Government and two voted for the Government, The other hon. Gentleman, I believe, was away representing Scotland at the Trooping of the Colour.

To get the record right, though I speak subject to correction, I think the hon. Gentleman's hon. Friend the Member for Hamilton (Mr. T. Fraser) was busy in Argyll when we voted on Clause 6, and did not, in fact, vote against it.

Unfortunately, that does not affect the record. This is the record. In any case, even assuming that the mathematical calculations of the noble lord are better than his arguments about agriculture, let us assume that it is a question of twos and threes. This matter of the whole future of agriculture in Scotland was being dealt with by these methods. This was not a Bill which was before the whole Scottish Grand Committee, when all Scottish Members are entitled to be present, but one which was left to a small coterie of people, while the great majority of the people representing Scottish agriculture were not represented at all. They took very good care that the hon. Member for Caithness and Sutherland (Sir D. Robertson) was not on the Committee. They took very good care that the hon. Member for Ross and Cromarty (Mr. John MacLeod) was not on the Committee. They put on the Committee three tame stooges who did not represent the farming community at all.

I wish to stress only two points. The question of the abolition of the agricultural executive committees was a subject on which we were petitioned by the National Farmers' Union of Scotland. They were of the opinion that these Committees should be continued. This is what they said, this was their representation to us and that was what they asked us to do. We did it to the best of our ability.

On the question of security of tenure, the National Farmers' Union urged us to oppose on every possible occasion the provisions of Clause 6. We did that. We represented our farming constituents who at every step urged, implored and begged us to oppose the Bill in the interests of the farmers and of agriculture. That is what we have done. The time will come when hon. Members opposite, who failed in their duty and who let down farmers and agriculture, will have to account to their constituents—and I know the answer which their constituents will give to them.

9.5 p.m.

I hope that the hon. Member for South Ayrshire (Mr. Emyrs Hughes) will forgive me if I do not follow the line which he was adopting. I am anxious not to do so for two reasons, first, because I do not want to become involved in this internecine strife in Scotland and, secondly, because I did not understand what he was talking about. I want to make a few remarks on the subject matter of the debate.

I welcome the Bill. With many other hon. Members, I frequently spoke in the debates on the 1947 Measure. In view of the various remarks which have been made today, I must say that while we all considered that Measure to be a charter for agriculture, none of us at the time, or since, considered that it was an irrevocable code of law for agriculture, something like the laws of the Medes and Persians, which could never be altered, or something which had to stand for all time so that agriculture should not fail.

I say, with some deference in the presence of the right hon. Member for Don Valley (Mr. T. Williams), who will recall these facts more vividly even than I, that we all thought that the 1947 Act enshrined the basic principles which we felt could be the foundation for a stable agriculture, but we were all prepared to envisage that, as times changed and as the status of the industry itself changed, it would be necessary to implement those principles by a variation of policy.

That is what we are now seeking to do. In those days, compulsion and the threat of compulsion was not only fashionable but almost habitual. We had become accustomed to it during the war and it was being continued. Today, we have reached the point, not only in agriculture but generally throughout the country, of embracing a new sense of freedom and of putting that sense of freedom into practice.

I cannot understand why anybody should feel that agriculture and especially farmers themselves should be the one section of the community which should not enjoy the benefits of that freedom. It is true that we recognise what was not recognised in 1947, that farming requires special support. That has been shown and established again in the legislation of 1957.

However, many other industries are also recognised to need special support and they get it in a variety of ways—tariffs, quotas, international agreements and so on. Yet, so far as I am aware, there is not one other industry which considers that its special support is a quid pro quo for the sanctions which are imposed on it.

It is a most extraordinary line of argument to say that agriculture is to be on a basis similar to that of other industries which are recognised to need special support, but shall forfeit or risk the forfeiture of that freedom. If it is to be on a basis similar to that of other industries, it should be relieved of the sanctions under which it at present suffers because of the 1947 Act.

I cannot see any reason why farmers should have any anxiety about the removal of these sanctions by Clause 1; in fact, in my area of Sussex I have had no experience of farmers having any anxiety about the matter. On the other hand, they are rather pleased to appreciate that at long last a Government have learned what they have been trying to teach us politically for years and years, namely, that farmers cannot be driven. The change should also result in certain economies, and I hope that some of the taxpayers' money will be saved. That factor does not seem to have been greatly appreciated during the course of the debate.

I want to refer briefly to a remark made by my right hon. Friend this afternoon which I thought was peculiarly happy and very apposite. He said that the relationship between the landlord and tenant in the agricultural industry was, to a great extent, the backbone of the industry. This is something which is unique in the world, in any industry. We do not find it in the agricultural industries of America or Europe—or anywhere else that I know of. It has grown up over the course of very many years, and has established itself in a very peculiar way and given a special strength to the industry. There is no doubt, however, that during the past seventeen years, when this relationship has been distorted by the effect of controls to which it has been subjected, it has become strained, and if the situation went on for very much longer the original happy feeling and balance between the landlord and tenant might be lost for ever, to the disadvantage of the industry. This proposal will help to restore that balance and will be very much to the good of the industry.

The only anxiety that I have heard expressed in my constituency is about Clause 2. I believe that that anxiety is due solely to a misunderstanding, and probably to bad publicity on the part of the Government in failing to make clear what they were doing. It is a rather usual complaint, and it is probably true in this instance. The criticisms which have reached me, both verbally and in correspondence, are that the test which was being set was similar to that of a willing buyer and a willing seller, whereas the relationship of a willing landlord to a willing tenant is something completely different.

I cannot see how the hon. and learned Member for Cardigan (Mr. Bowen) can have arrived at his anxieties and fears that the formula contained in the Clause would give an arbitrator the opportunity of fixing a rental upon the basis of a freak offer. The Clause is quite clear. It says that the standard which shall be considered: shall be the rent … which … might reasonably be expected … in the open market by a willing landlord to a willing tenant …". If ever I find an arbitrator who would reasonably expect the freak offer I shall have found someone who is a very peculiar person. I cannot feel that this basic argument of the Liberal Party holds any water.

This Clause will remove anomalies There are at present anomalies, not only between county and county, but between different areas—and in some cases even parishes—within the same county. Once we can get a recognised standard, such as that contained in this formula, there is no reason why it should not apply throughout the whole country. I agree that although technically it applies only for the purpose of arbitration—and the number of cases subjected to arbitration will probably be fewer than at present—the formula will serve as the basis upon which negotiations for a full and fair rent between willing landlord and willing tenant can reasonably be concluded.

Every industry has its troubles and one of the difficulties in the agriculture industry is lack of flexibility. There is insufficient movement within the industry. That state of affairs will be assisted by the removal of control which inevitably will lead to a greater flexibility and to the provision of greater opportunities for those up-and-coming members of the industry who wish to take chances. At present few opportunities are offered to those people who wish to move about and to obtain a bigger or a different type of holding or farm. Greater flexibility will help to create greater efficiency and progress in the development of the industry, especially on the technical side.

I believe this to be a progressive Measure and a further step towards good relations within the industry, particularly to a good partnership between landlord and tenant, which will lead to further substantial progress in agriculture.

9.17 p.m.

As the debate proceeded I began to wonder whether I had imagined all the protests that we have received from the National Farmers' Union. Let me say to such hon. Members representing Scottish constituencies as are present on the benches opposite that if they have not received letters from local branches of the National Farmers' Union the secretaries of some of those branches must be very dishonest men; because they have taken the liberty of sending me copies of letters said to have been sent to Tory Members of Parliament.

I did not write to any branch secretary of the National Farmers' Union in Scotland, except to acknowledge the receipt of a letter. I did not do anything to encourage the Union to offer criticisms of the Bill. But I responded to the wishes of the leaders of the Union to listen to what they had to say about the Bill, and I imagine that other hon. Members on this side of the House did the same. Yet this evening we have had to listen to a series of speeches from hon. Members opposite, starting with the Minister, who would have people believe that the opposition to this Bill was purely a doctrinaire Socialist opposition—a controls-for-controls-sake opposition, to the Measure.

What absolute nonsense this is, and, if I may say so, what dishonesty for the Government to pretend that the opposition to the Bill comes only from doctrinaire members of the Labour Party. Surely that is dishonest. They know full well that the opposition to the Bill came initially from the farmers themselves. Of course, hon. Members on this side of the House were unwilling that the structure created ten years ago in the agricultural industry should be dismantled, unless there was adequate justification for doing so. It would not have been unreasonable to expect that the Government would not take this action which they are now taking until they had got a measure of agreement within the industry as to its future and as to the machinery to be used to encourage improvement in production and techniques in the industry.

We have listened to platitudes about the good relations that exist between the landowners and the tenant farmers. Why could not the party opposite have waited until it could get the agreement of the landowners and the farmers to the dismantling of the 1947–48 structure in agriculture? They could not wait because of their doctrinaire attitude. If the Government are themselves guilty of putting forward the Bill for purely doctrinaire considerations, because the Lord Privy Seal has promised that as many as possible of the controls created since the war will be dismantled before the next General Election, one possible way of obscuring from the public gaze what they are doing is for them to attack the Opposition for adhering to a purely doctrinaire attitude.

The hon. Member for Chichester (Sir L. Joynston-Hicks), who has just spoken, has left the Chamber hurriedly. He came in, incidentally, only just before he spoke. He was unable to follow the remarks of my hon. Friend the Member for South Ayrshire (Mr. Emrys Hughes) because he had not understood him, which was not surprising because he had not heard him. The hon. Member went on to support some of his hon. Friends in talking about the advantages of the Bill that would give greater flexibility in the industry.

Why do the Tories not say what they mean? Surely, what the hon. Member meant was that there would be more evictions. Surely he meant that more landowners would be able to evict more tenants. We do not nowadays expect the Tories to be honest and say what they mean. Instead of saying that there will be more evictions of good tenants, not on the ground of bad husbandry—it is possible to get rid of the bad tenants now on the ground of bad husbandry—what they should say is that we will have more evictions of good tenants, creating a better market for the landlords. [HON. MEMBERS: "Oh."] Of course, that is what is meant. Nobody can deny it. The whole point of this procedure is to make it easier to get rid of tenants, to get vacancies, to cash in on the market for farms and to get more money. If that is what is meant, why is it not said? Why talk in these ambiguous phrases about greater flexibility in the industry? A little bit of honesty from the Tory Party would not do any harm at this time.

The hon. Member for Leominster (Sir A. Baldwin) reminded us tonight, as he did in Committee, that the arbitrators—the arbiters, as we call them in Scotland—pay no attention whatever to any instructions given to them in a statute. The hon. Member is probably largely right. I should think that the arbitrators do not pay too close attention to the instructions given to them, for the simple reason that, as the hon. Member said, they are not obliged to justify the basis upon which they reach their decision in any case which is submitted to them.

Having said that, however, the hon. Member was anxious that the instructions should be clarified, even though attention will not be paid to them. He knows as well as we do that the whole point of the alteration which Clause 2 is making in the law is that the landlords will be able to squeeze bigger rents out of the tenants without going to arbitration. That is the point. The endeavour is to get higher rents, whether they are justified or not, and the instruction to the arbitrators has been altered to secure that the general level of rents will rise.

The hon. and learned Member for Cardigan (Mr. Bowen), who also is an absentee, having made his speech, welcomed, for the Liberal Party, the repeal of Part II of the 1947 Act, but he was most anxious that Part I should remain and said there was no reason to believe that it would not remain. He was anxious that this partnership between the State and the industry should continue. He managed very cleverly to back both sides on this Bill. Sometimes he was backing the Government and sometimes he was backing this side of the House. He seemed to be riding two horses very successfully. Although I have heard it said that there is no point in being in a circus unless one can ride two horses at once, I have never seen—not even in the circus—anyone trying to ride two horses travelling in opposite directions. He finished his speech by saying that the Bill does not deserve the blessing of this House, but he did not say how he would vote.

I have not any doubt at all how the farmers of Torrington and Argyll would expect the Liberal Party to vote on this Measure. I was in Argyll during the by-election and, reading speeches of the Liberal candidate, I found he was supporting the Labour Party on this Bill and was quoting me. I do not know whether that did him any good or not, but what I do know is that, whereas the Tory candidate in Argyll in 1955 had a majority of 10,000 the new Tory Member for Argyll (Mr. M. Noble) is here on a minority vote.

I have stated the facts, that in 1955 the Tory candidate in Argyll had a majority of 10,000 and, in consequence of the by-election which took place recently, the Labour candidate and Liberal candidate—who both opposed the Bill in perhaps the biggest agricultural constituency in Scotland—got substantially more votes than the Tory candidate received and the Tory Member is here on a minority vote. If the Tory Party likes to think of that as a great electoral victory, it is welcome to do so.

The hon. Baronet the Member for Fife, East (Sir J. Henderson-Stewart) addressed us this evening and again repeated the Tory parrot cry that the provisions of Part II of the 1947 Act and the 1948 Scottish Act were all right. He said that we all agreed with them in the difficult days after the war. I am not quoting him directly, but he said tonight that we all agreed with those powers in Part II of the two Acts in the difficult days of food shortage after the war and then supported the Bill. I would remind him of what he said when that Bill was going through the House, ten years ago. The hon. Baronet said: The basis of this Bill is a simple proposition. Every farmer or landowner who owns or occupies a piece of the precious land of this country must manage it work it and farm it in the most efficient way. Does he still agree with that?

The hon. Baronet went on to say: I accept that principle without any conditions at all. I think it is a sound principle which every sensible man must accept; but it is not a new principle. When I heard the right hon. Gentleman developing his theme, my mind went back to 1927 when Lloyd George produced in Scotland—I was the agent by which it was produced, and I wrote the report myself—a Scottish Liberal land policy. The whole crux of the matter was to introduce into the farming life of the country the principle that a man should only hold land if he managed it, worked it and farmed it well. Other parts of that policy were that there should be committees to see that all that was done. That policy was laughed out of court by all sides of the House, not least by the party opposite. It makes one a little sad to think that it has taken 20 years to bring that about. As one of the originators of that statement of policy, I must say that I am glad to see it accepted. I think it is absolutely sound."—[OFFICIAL REPORT, 1st December, 1947; Vol. 445, c. 75.] The hon. Gentleman thought today that he supported this policy ten years ago because of the food shortage following the war. Did he, or did he not?

Sir J. Henderson-Stewart indicated assent.

Then the hon. Gentleman was being quite dishonest ten years ago. Ten years ago he said that he supported it because he believed in it in principle. He had been advocating it for twenty years. He wrote that statement of policy himself in 1927. That is what he said.

The hon. Member himself is all mixed up. Ten years ago, he was speaking for his farmer constituents in East Fife. Today, he is speaking for his Tory masters. Ten years ago he was still pretending to be a Liberal. True enough, he still wears today his flag of convenience; he is a National Liberal, Liberal Unionist, or whatever it is, in an attempt to capture what Liberal vote there is in his constituency. But, of course, he was attracted into the Chamber tonight to speak in the debate because it was known that he would pay off his debts to the Tory Government by giving them more loyal support than they could expect from any Tory Member of the House.

The hon. Member for Fife, East said that landlords had said to him, "How can you expect us to invest our money in property over which we have virtually no control?" He agrees now that they should have more control over their own property than they have had until now, so he supports the Bill. I say to him: how can he expect the nation to invest £300 million of taxpayers money in property over which the nation has no control? That is the question which is being increasingly asked.

The Minister spoke this afternoon about better relations existing between town and country. I suggest that the good relations which exist between town and country are a direct consequence of the legislation passed through the House by my right hon. Friend the Member for Don Valley (Mr. T. Williams) and of the work done by the post-war Labour Government.

It was the post-war Labour Government which took agriculture out of politics and which brought about this good relationship between town and country. It is the present Government who will destroy this good relationship.

Mr. John Hare indicated dissent.

Of course it is. If the Minister does not understand it, he really is failing badly to appreciate the difficulties which he is creating.

I represent more urban electors than rural electors. I have lived in the countryside all my life, but I represent what is regarded as an industrial constituency. I have often defended the nation's support of agriculture in my part of the country and in many other industrial parts of the country. I have had criticisms made of the nation's support for agriculture by people who were not political supporters of mine. I have always felt on firm ground in defending the subsidies given to agriculture as an investment which we were making in the land of the country, an investment over which there was a measure of public control, which the Government were not seeking to administer through glossy-haired bureaucrats. It was a measure of control which the Government were administering in agriculture by attracting into the committees men of good will who had an interest in estate management and an interest in husbandry, that is to say, farm workers and other persons who were knowledgeable about farming.

These were the people who were brought in to do the work of the executive committees. These were the people who had administered this control which the National Farmers' Union has described as the kindly control by the committees which it does not want to see disturbed. Why should it have been disturbed? Why should it all have been thrown away? I repeat, questions will be asked in the country for as long as there is price support for agriculture out of public funds about what steps the Government, whichever party is in power, are taking to secure that the money is not poured down the drain.

The hon. Member for Penrith and The Border (Mr. Whitelaw), who is not in the Chamber, asked: what has 1921 got to do with it? It has only this much to do with it, which the Minister and the Secretary of State for Scotland can well understand. In December, 1920, the then Tory Government put on the Statute Book an Act which gave certain price guarantees to agriculture. Those price guarantees were accompanied by what was then described as cropping controls. By July, 1921, the Tory Government came to the House to say that cropping controls could no longer be continued, and that if we did not have cropping controls we could not possibly have price support at the expense of the taxpayer.

The hon. Member for Penrith and The Border, who has just come into the Chamber, to vote at 10 o'clock, wants to tell me that this was not a Tory Government but a National Government. But it was a National Government with a substantial Tory majority, and if the Tory majority at that time did not feel that they were in control of the Government, then something would have been done about it. It was obviously an attitude of mind, a policy determined by the Government of that day, that had the support of the then Tory Party.

If the Tory Party believed then, as it must have done, that we could not have price support at the taxpayers' expense, and if we did not have cropping controls, it is understandable that the farmers, whether or not they are old enough to remember what happened in 1921, will have informed themselves of what happened. Perhaps that is why they have been telling hon. Members on both sides of the House about what happened after the great betrayal by the Tories after the First World War. They feel that there will be another betrayal by the Tories.

That is not surprising, because Clause 1 is the removal of a measure of control which is wanted by the industry. Why did not the Minister wait until he had the concurrence of the industry in the removal of the controls? The purpose of Clause 2 is to put up the rents. Someone has described Clause 3 as a security of tenure Clause. I would describe it as an insecurity of tenure Clause or the removal of security of tenure Clause.

It was not agreed at all, as has been made abundantly clear.

I regard Clause 4, which is supposed to be of some help to the tenant farmers, as being hopelessly inadequate for the purpose for which it is supposedly intended. The Clause does not apply in Scotland, and it is so weak that I am not anxious that Scottish tenant farmers should have the benefit of it.

Clause 6 is completely unjustified. It has been vigorously opposed by the farmers of Scotland. There is not a Tory Member for a Scottish constituency but knows that and knows it well. The hon. Member for Fife, East is quite wrong in thinking that the puny, innocuous, ineffective Amendments that he and his hon. Friend the Member for South Angus (Sir J. Duncan) got the Government to accept have done anything to allay the fears and apprehensions of the tenant farmers of Scotland.

I am not quite wrong. I happen to know the facts. I have put the hon. Baronet right tonight already by quoting from a speech that he has forgotten all about and was badly misinterpreting in the course of his speech.

The Bill is a bad let-down for farmers. This is the Rent Act in agriculture. Is the Minister of Agriculture so ashamed of the Rent Act that he will not apply it in agriculture? The Rent Act, together with this Bill and many other Measures brought forward by the Government in recent times, are directly opposite to all the promises the Government made to the people at Election. That is why the vote went so heavily against the Government in the by-elections. [ Laughter. ] When I was at school my teacher used to tell me that I was fairly good at arithmetic. I thought that I had got my arithmetic right and that the by-elections had shown a very heavy swing against the Government. I thought that it was just possible that the swing against the Government was because of the way in which the Government were betraying their Election promises.

I would end by saying that it really is time that the Government were either heeding what they said to the electors when they sought their suffrages in 1955, or should go back to the electors and tell them what further damage the Government propose to do, in which case there can be no doubt of the electors' reply. When we go into the Division Lobby tonight there is not a shadow of doubt that we shall be casting votes for the majority of the electors of Britain.

9.43 p.m.

The hon. Member for Hamilton (Mr. T. Fraser) almost persuaded me towards the end of his speech that he really believed that this was a bad Bill. If he searches his soul and conscience, I wonder whether he will claim that many of the things he said were really what he meant?

Did he mean to say that the object of Clause 2 was to get higher rents whether justified or not? If so, let him read Clause 2 carefully and see how the object of it can possibly be to get higher rents whether justified or not for the landlord. I prefer the remarks made at the end of the speech of the right hon. Member for Don Valley (Mr. T. Williams). I admit that they were not entirely consistent with the early part of his speech when he said—I think I am quoting him almost correctly—just before he sat down, "I hope we are not fearing the worst about this Bill." I feel that that is right.

That is very different in tenor from the speech of the hon. Member for Hamilton. I was certainly surprised at the right hon. Member for Don Valley saying that at the end of his speech, because he had sounded as though he were convinced that it was a bad Bill. The words at the end were indicative of the thinking of a great many people on the Opposition side of the House and of some people in the country whom hon. and right hon. Gentlemen opposite have been quoting as violently opposed to the Bill. At the beginning, a lot of people were concerned about the farmers, and I know there are still some in Scotland today. I accept that. I know there are farmers who are worried, and some who were worried but are no longer worried. I believe that that applies to a great many more people than hon. Members opposite have realised. Hon. Members opposite thought that they were on a good thing at the beginning of the proceedings on this Bill, but they are not quite so certain now.

I am sure that the House will forgive me if, for a short time, I deal with some Scottish parts of the Bill, because I want to make absolutely certain that there is no misunderstanding of what has happened under Clause 6. I repeat that I know that at the outset there was a certain amount of misunderstanding and misapprehension in Scotland about the Clause, but I believe that there is better appreciation of what we are doing in that Clause now and why, but it would be wise to summarise once again as briefly and clearly as I can the present law on security of tenure and rights of inheritance and bequest in Scotland and how it has been amended by this amended Bill.

Prior to 1948 in Scotland the tenant of an agricultural holding could bequeath the unexpired portion of his lease to anyone and failing bequest his heir-at-law succeeded to that unexpired portion of the lease. I use the words, "unexpired portion" deliberately. That was the law before 1948. The heir did not succeed to the entire lease indefinitely but to the unexpired portion. When in 1948 the security of tenure provisions were superimposed on the existing provisions there became very little chance of a landlord being ever, and I repeat "ever", in a position to change his tenant, or to resume occupancy of his own farm for the reason that once a legatee or an heir-at-law succeeded to the remainder of a lease he could—under the security of tenure provisions then introduced—continue to hold it indefinitely and in turn could pass it on to his successor. In other words, there came about a fixity of tenure which I repeat was not foreseen when the 1948 Act was under consideration.

That has been challenged today, and was challenged in Committee by the hon. and learned Member for Northampton (Mr. Paget), who quoted at that time, as evidence that it was foreseen—Section 20 of the 1949 Act, which said: Subject to the provisions of this section, the tenant of an agricultural holding may, by will or other testamentary writing, bequeath his lease of the holding to any person". Those words meant that he could bequeath the lease which had only a certain number of years to run, that is the unexpired portion of the lease. Having examined reports of the debates in 1948 and 1949 in the Scottish Committee I am quite satisfied that the full effect of a combination of the existing law plus the security of tenure provisions was not foreseen or, if foreseen, was certainly not explained to the Committee. I accept my share of responsibility as a member of the Committee at that time for not spotting it.

Will the right hon. Gentleman look up the speeches of the late Lord William Scott at that time. He complained of the fixity of tenure and was replied to by my right hon. Friend the Member for East Stirlingshire (Mr. Woodburn) and myself?

I have searched through the debates and I never saw in any speech any evidence of that.

Clause 6 modifies the present position in two ways. Firstly, it restricts the tenant's right of bequest to a member of his own family, and in the course of proceedings in Committee that definition was extended to include an adopted child. Broadly speaking, the Clause re-establishes the position that the legatee or heir-at-law of a tenant can of right succeed to only the unexpired portion of the lease. While we are satisfied that in the long-term interests of good farming we must restrict the rights of the legatee or heir-at-law in this way, we have been very ready to make Amendments designed to help in the transition period.

This will help in the transitional period, as is generally recognised by farmers in Scotland. I must get this clear because possibly the hon. Member for Hamilton has not appreciated it.

It was the remark of the hon. Gentleman that it is nonsense which made me wonder. The result of these Amendments will be that every tenant who succeeds to a tenancy as legatee or heir-at-law will be entitled, for a period of seven years after the passing of the Act, to remain in the holding at the very least for two years and in many cases for more. We hope that during this transitional period of seven years opportunity will be taken by landlords and tenants to get back to long leases, a system which has tended to lapse into tacit relocation in the last ten years.

Then there is the other Amendment made in Committee on the subject of compensation for improvements. It had been represented strongly to us that by relying on the virtual fixity of tenure conferred in the 1948 Act on them and their successors, many tenants carried out improvements without giving written notice to their landlords of their intention to do so. Clause 6 does not change the position of the existing tenant but it alters the right of his heir or legatee.

We were anxious that this change in the law should be made in an equitable manner. By an Amendment moved in Committee we therefore provided that, where improvements have been carried out without notice by their predecessors during the period between the coming into operation of the 1948 Act and the coming into operation of the present Bill, legatees and heirs-at-law who receive notice to quit under Clause 6 shall be entitled to compensation, provided they can satisfy the Land Court that approval would have been given to the improvements had notice been given.

I am most anxious—and that is why I have repeated this so carefully this evening—that there should be no misunderstanding about the effect of this Clause. Clause 6 does not in any way affect the right of the existing tenant or of any future tenant to whom a lease is granted, to remain in his holding for the remainder of his life. What it does is to enable the landlord, on the death of his tenant, to exercise some control over the future working of his land.

In this way we have provided the maximum degree of security for tenants which is consistent with the retention by landlords of reasonable control of their own property, towards which, it was pointed out earlier this evening, the landlords have inescapable statutory obligations, which is not always remembered. I agree that the tenant has statutory obligations, but the landlord has heavy obligations which may involve him in the spending of a great deal of money. Therefore it is only right that the proper balance of landlord-tenant relationship should be restored as far as possible.

Coming back to the more general and getting away from the Scottish in particular, there is one point I want to repeat, and that is on rents. It was pointed out by my hon. Friend the Member for Chichester (Sir L. Joynson-Hicks), in an extremely interesting and good speech, dealing with the speech of the hon. and learned Member for Cardigan (Mr. Bowen), who had suggested that the rent formula would not exclude freak rents. I repeat specifically that the Bill refers to the rent at which the holding might reasonably be expected to be let in the open market. The words "reasonably be expected" must surely exclude the freak rent. I am glad to see the hon. and learned Member in his place and I hope this will enable him to decide which Lobby he will go through tonight, because there is considerable conjecture in the House as to which one it may be.

Before I conclude I should like to say that I can well appreciate that hon. Gentlemen opposite take pride in the English Agriculture Acts of 1947 and 1948 and in the Scottish Acts of 1948 and 1949. We on this side of the House do not in any way grudge them that pride. Those Acts were in many respects agreed Measures, and we were glad to assist the Government of the day to put them on the Statute Book. Now ten years have passed and a review of the provisions has become very necessary indeed. We have undertaken this review in no partisan spirit, as has been suggested throughout the evening. We have undertaken this review because, after ten years, it is only right and inevitable that legislation should be restudied in the light of changing circumstances.

We have been anxious only to meet the needs and circumstances of the day, just as we were all anxious ten years ago to meet the circumstances of that time. We have been ready to learn by experience. In the light of changed circumstances, and in the light of our experience of the working of these Acts, we have found some changes to be necessary. Some of these changes were incorporated in the 1957 Act which gave new financial assurances to farmers and introduced the farm improvement scheme. Other changes have been incorporated in this Bill. These include the abolition of the disciplinary powers exercised through the agricultural executive committees—a major change, I confess, but, in spite of all the arguments that have gone on, it was clear that it had become necessary in the changing circumstances. I repeat that in that we have the support of the hon. and learned Member for Cardigan, which is always interesting to note because I think he will not be in our Lobby tonight.

The Acts of 1947 and 1948 were not, of course, perfect. In the course of years defects have appeared and distortions have resulted. One such distortion has been the glaring disparity between the value of a farm sold with vacant possession and the value of a farm sold subject to an existing tenancy. There is something very far wrong—hon. Members opposite must admit it; the hon. Member for Hamilton is always very courteous but this is a point which I hope he will admit—when a sitting tenant can buy the farm which he occupies—this is a case which the hon. Member must have heard about, for I have certainly quoted it several times—for £9,500 and at the same time resell it with vacant possession for £18,000. It is fantastic. I can give three other examples straight off. There was one sold to the sitting tenant in 1957 for

£1,000, and the sitting tenant resold it within two months for £3,500. Another was sold for £4,250 and resold for £14,500.

Hon. Members opposite cannot escape by any kind of intervention the fact that these figures are at least evidence that something is not entirely healthy or right, and they are more than ample justification for action by a responsible Government. I said at the beginning that we played our part in the earlier Acts, and, indeed, complimented hon. Members opposite upon the Acts of 1947 and 1948 and 1948 and 1949 respectively. We thought them wrong, but by and large we supported them. It would have been completely irresponsible on our part after ten years if we had not examined what had happened and tried to put things right.

Hon. Members opposite intend to vote against the Bill. They have produced a variety of reasons for doing so. What I should like to know is their fundamental reason. Is it just possible that it is false pride of authorship? I know that the right hon. Member for Don Valley played a great part in the work on those earlier Measures, as did the right hon. Gentleman for East Stirlingshire (Mr. Woodburn). Might I suggest to them that if we have to have "sacred cows" in British agriculture, we should have better beasts than any particular Act of Parliament? I ask the House to give the Bill its support.

rose in his place and claimed to move, That the Question be now put.

Question, That the Question be now put, put and agreed to.

Question put accordingly, That the Bill be now read the Third time:—

The House divided: Ayes 303, Noes 254.

AGRICULTURE (FERTILISERS)

10.10 p.m.

The Joint Parliamentary Secretary to the Ministry of Agriculture, Fisheries and Food
(Mr. J. B. Godber)

I beg to move, That the Draft Fertilisers (United Kingdom) Scheme, 1958, a copy of which was laid before this House on 20th May, be approved. I do not think that it will be necessary to spend long upon this Scheme. It merely extends for a further year, from 1st July, the arrangements for paying the fertiliser subsidy and increases the rates of subsidy for nitrogenous fertilisers in accordance with the Price Review award of an additional £1½ million. This production grant is now a familiar feature of our support for agriculture, and I am sure that I have no need to explain to the House the great benefits which result from the greater use of fertilisers.

In the last fertiliser year the use of nitrogen and potash showed a further increase, and, since the supply position is still improving, it was decided at the Price Review to allocate this further sum to nitrogen.

The total cost of the Scheme is expected in this current year to be more than £25 million, which is an indication of the extent to which it is being utilised. I commend the Scheme to the House.

10.12 p.m.

I am sure that the House will have had enough of agricultural debates for quite a long time to come. I certainly feel like that after 20 Sittings upstairs in Committee on the Agriculture Bill and four complete days on the Floor of the House on other stages. The Joint Parliamentary Secretary appears to have stood up to it very well—I am talking about his health and not his deplorable activities as a junior Minister.

The hon. Gentleman has told us that this Scheme represents an increase in the subsidy for last year. I did not quite understand his explanation. Did I understand him to say that it was because of price increases in the meantime, or that it was an additional subsidy to the industry as a result of the Price Review, so that, in effect, he has taken the sum off in prices of products and has placed it on fertilisers? If that is what it amounts to, I have no objection to it.

The use of fertilisers is something that we ought to stimulate, and I therefore welcome the Scheme. I did wonder whether the cost of nitrogenous fertilisers had gone up, and whether that had caused the increase in the subsidy. Hon. Members on this side of the House are still somewhat disturbed about the fertiliser industry. It is true that we cannot go into the question now, but we think that the Government should stimulate the Monopolies Commission to complete its consideration of the industry, because many farmers fear that as a result of the monopoly money is being taken out of the pockets of the taxpayer to provide the subsidy, which has to be paid simply because the monopoly charges very much more for its products than would be charged by competing firms. The Parliamentary Secretary should press his right hon. Friend the President of the Board of Trade to ensure that the Monopolies Commission gets to work on this matter and presents a report which would either clear away the existing fears or cause the Government to take suitable action.

I agree that we want to stimulate further use of fertilisers, particularly of nitrogenous manures. It is the lack of supply of nitrogen in our soil which is the commonest limiting factor in crop growth. I hope that, through the N.A.A.S., the Minister will do everything possible to stimulate its use by using some of the additional money that is now being provided.

Last year, I visited an experimental farm, where the conversation turned to improvements in crops, and so on, and surrounding farms. I was told by the farmer that he could show me fields which, to his own knowledge, extending over a long time, had never received a dressing of fertiliser. That may be regarded as a waste of the country's land. We ask the Parliamentary Secretary to use this Scheme and the services at his disposal to increase the use of fertiliser, which is one of the best things that could be done to stimulate and improve agricultural production.

10.17 p.m.

I am grateful to the hon. Member for Derbyshire, South-East (Mr. Champion) for the approach of himself and his hon. Friends to this matter. The advantage which stems from the use of fertiliser is something about which we are all agreed and I am glad that the House is unanimous in that view.

The hon. Member will realise, as, in fact, he said, that his references to the Monopolies Commission is a matter for the Board of Trade. That is something which is at present being pursued. I think it only fair to remind the House that two of the largest firms concerned with the production of fertilisers have, during the last few days, both announced price reductions for some of their fertilisers. That, together with the increase in the subsidy, which is due to the increase given this year in the Price Review, will bring about a fairly substantial reduction in the price of some fertilisers and should be an added incentive to their further use in the future.

Question put and agreed to.

Resolved, That the Draft Fertilisers (United Kingdom) Scheme, 1958, a copy of which was laid before this House on 20th May, be approved.

AGRICULTURE (CEREALS, EGGS AND FATSTOCK)

10.19 p.m.

The Joint Parliamentary Secretary to the Ministry of Agriculture, Fisheries and Food
(Mr. J. B. Godber)

I beg to move, That the Cereals (Protection of Guarantees) Order, 1958 (S.I., 1958, No. 956), dated 11th June, 1958, a copy of which was laid before this House on 17th June, be approved.

I think that this Order and the next two, relating to eggs and fatstock, may be taken together.

I am grateful to you, Mr. Deputy-Speaker. I intended to ask your permission to do that.

These Orders have a great similarity, in that each has been made to support the arrangements that are in operation to give effect to guaranteed prices under Part I of the Agriculture Act, 1957. Section 5 of that Act empowers Ministers to make by Order such provisions as are necessary to ensure that guarantee payments are given only to those entitled to them. Such provisions are essential for the protection of the Exchequer.

I wish to remind the House that considerable sums are involved. I think that is important. For example, in the last financial year it is estimated that about £180 million to £185 million were paid out under these three guarantees. The Orders now before the House make use of these powers and, in the case of eggs and fatstock, end our reliance upon Emergency Regulations for this purpose. I am sure that is something which the House will welcome.

I wish to describe briefly the provisions of the three Orders because these are matters which should be explained. They all require the keeping of certain records. I know full well that provisions of this sort are not over popular. I see from reading the Farmer and Stock-Breeder this week that "Blythe", that notable contributor, refers to them in relation to these Orders and I am happy to assure him, as well as the House that these new conditions are not very onerous. I should like to instance what they involve.

In saying this, we must recognise that some inspection of records is essential for the proper safeguarding of the guarantees and that the disbursement of large sums of public money of the order which I have indicated imposes certain obligations on the recipients. We hope and believe, however, that these Orders will not involve anybody in much additional work.

For example, growers are already required under the cereals deficiency payments scheme to keep records of their wheat and rye transactions substantially on the lines laid down under the Cereals Order which is now before us. The form on which growers claim acreage payments for oats and barley furnishes a duplicate for retention by the claimant, on which he is supposed to enter the same particulars as are put into the claim. This duplicate would be a satisfactory record for the purpose of the new Order. In that case, therefore, we are not asking very much. Nor would I expect dealers in wheat and rye to have any additional burden imposed upon them in the provision that they may be required to furnish information, supported by records if necessary, about transactions in those guaranteed commodities since it is similar to the existing provision.

The provision in the Order for protecting the egg guarantee requiring packers to keep and produce records of all purchases, sales and use of fresh hen and duck eggs is similar to that in the previous Order under the Defence Regulations; but we are now requiring that the prescribed records should be kept for two years instead of one. The fact that once a record has been made it must be kept for an additional year is not a big burden.

With livestock also, we do not expect the Order to impose any onerous burden. Obviously, anyone engaged in the business of rearing and selling livestock needs to keep some records for his own purposes. In the main, these records will satisfy the statutory requirements now being introduced in the Order. For example, it requires that a person who presents livestock for certification shall keep a record of his purchases and sales of such livestock. Generally, however, we will accept the retention of any normal commercial invoice as a sufficient compliance with this requirement. Again, anyone who moves livestock from place to place is already required under the animal health legislation to keep a record of the movement.

The present Order gives the right to inspect these records in any investigation connected with the fatstock guarantees. There will be cases where these simple requirements will be insufficient, but rather than impose additional record keeping on all sections of traders in meat and livestock we shall merely require any necessary further information in appropriate cases by serving notice. This should not, however, impose any burden on the normally efficient business.

I am sure that the House will recognise the need for these safeguards. I hope that hon. Members will recognise, too, that we have tried to find a balance between what would be ideally desirable to cover all possible eventualities and what we think is fair and reasonable in relation to the sums which have to be disbursed.

In addition to the requirements as to records, each of the Orders contains powers of entry for authorised officers of the appropriate Minister at reasonable times. I think I can safely say that this power, which has been available to us already under the Defence Regulations, has been used in the past with circumspection and this will continue to be the case. The Orders also provide power to obtain possession of vital evidence which may be needed for prosecutions.

The Order for protecting the egg guarantee specifies the approved marks which packers will be required to stamp on all hen and duck eggs qualifying for subsidy. It varies the approved marks for hen eggs by specifying the designation of the various weight grades—large, standard, medium and small—and by omitting the British Egg Marketing Board's lion emblem, not because we do not consider this unsuitable, but because we do not think that it is something we should provide. It is, after all, the Board's trade mark and the Board should provide it in the ordinary way. The Order also specifies the weight ranges to which the various grade designations for hen eggs relate.

The Fatstock Order similarly provides for marking every animal or carcase approved for guarantee payment in such a way that an attempt to get a second guarantee payment on it would be detected, and it prohibits the presentation for the guarantee payment of any animal or carcase previously approved for such a payment.

Fatstock guarantee payments are intended for animals which are ready to be slaughtered for meat. It would be an abuse of the guarantee system if animals on which payments have been made should be used for breeding. In the Order, therefore, we prohibit the use of certified animals for this purpose.

The powers which are being taken in these Orders are in my view the minimum necessary to safeguard public money which is intended for the support of our agricultural industry. I feel quite sure the House would wish to see that there is a proper safeguard of this nature. This is not something entirely new. We are merely tidying up here and making use of the legislation we obtained last year rather than Defence Regulations. With that introduction, I can with confidence commend these Orders to the House.

10.26 p.m.

I wish him no harm, but I am very happy to speak in the absence of the Patronage Secretary because I need not fear that the Closure will be moved. You, Mr. Deputy-Speaker, can share my happiness, because I am aware that these are narrow Orders, dealing with procedural matters, and that they do not deal with the general issue of guaranteed, prices.

I say at once that I agree with the Joint Parliamentary Secretary that, if we can, we have to achieve two objectives. If we are concerned, as we are here, with a large sum of money—£185 million—we have to take all the safeguards we can properly take, but the second objective is that the safeguards we take should be as little onerous as we can devise them. We do not seek unnecessarily to place obligations upon people. I for one believe that we should generally accept the honesty of people, and not be too anxious to provide safeguards against dishonesty. I think that the vast majority of people, when they know that their dealings affect public expenditure, deal with their affairs not only with honesty, but also with regard to the fact that public expenditure is involved.

Under these Orders we cannot discuss guaranteed prices and price supports themselves. We are discussing the arrangements, but I think the Joint Parliamentary Secretary realises that this is a difficult matter on which to achieve perfection and that as the arrangements are not altogether satisfactory we have to keep reviewing them. They are affected by the form of price support the guaranteed price takes. I say on behalf of the Opposition that in the light of experience of the past few years we are not satisfied as a whole with the working of the new price support arrangements. We believe, after consulting the industry's representatives, that we shall probably have to return to fixed guaranteed prices for a larger number of commodities.

Turning to the commodities affected by these Orders, there have been allegations in the past about fatstock. How justified they were I do not know. The Department made some inquiries and I hope that the Joint Parliamentary Secretary is satisfied that the arrangements to which he has referred will safeguard the public from any dishonest practices. Although there were allegations of such practices, I personally did not come across evidence of any widespread practices of that kind.

The hon. Gentleman will know that I have mentioned eggs at Question Time recently. I do not know how much longer I am to share with the Public Accounts Committee responsibility for calling attention to the fact that this scheme is not properly administered, and that time after time there are complaints about the way in which the packers' margins are administered. I referred in the House this week to a Report.

I agree that as this matter is being discussed with the Egg Marketing Board we cannot discuss it further now, but it is an open secret that the amount involved is well over £1 million. Really, after all these years, we must do something about it. We cannot have this hopeless abnegation of responsibility. The Minister should feel some sense of responsibility in the light of the continuing criticism made by the Public Accounts Committee.

I am not criticising, and I do not wish to criticise, the packers as such tonight. I criticise the system. But it is a very real condemnation of the Government. They hastily rushed into the decontrol of eggs. They made an absolutely disastrous blunder, which has cost the taxpayer enormous sums every year, and, within those enormous losses, are the continuing losses due to the failure of the Ministry to accept any proper responsibility for the administration of these margins. How much longer we are to have report after report stigmatising the right hon. Gentleman's Department, I do not know.

Perhaps I have gone a little wide of the debate, Mr. Speaker. I promised that I would not. I will return to the procedural arrangements made in these Orders. We accept, with the Minister, the obligation of the Government to provide for policing arrangements where, in circumstances such as this, large sums of public money are involved.

10.32 p.m.

May I refer to the Fatstock (Protection of Guarantees) Order, and ask the Parliamentary Secretary whether he is aware of the confusion which exists in Wales with regard to the markings set out in the Schedule for live sheep? There has been a great deal of doubt in Wales about the private markings and the Ministry's ear marks, and I should like to know whether anything has been done by the Ministry in recent weeks to clear up the confusion. I am sorry that I did not give the Parliamentary Secretary notice, but I was unable to do so, and I should like to take this opportunity now of putting the query to him, because the matter has been under discussion for some months in Wales. The Ministry insists upon the ear marks, and I understand that, as a result of the confusion of markings, farmers say that they sometimes do not receive what they say is the proper price. I want to protect our sheep farmers in this matter, and should be glad if the Parliamentary Secretary would say what the Ministry is doing about it.

10.33 p.m.

The hon. Member for Brecon and Radnor (Mr. Tudor Watkins) has raised a point of interest to Wales, and I have a similar point to raise which is of interest to Scotland. It concerns the marking of cattle and the prohibition of … the presentation for a guarantee payment of any animal or carcase previously approved for certification or the use for breeding or milking of an approved animal". Incidentally, it is rather amusing to read in the Explanatory Note that one can present a carcase for breeding.

I want to know whether the marking of cattle, sheep and pigs shows any alteration from the present practice. If it is the same, that is all right; but, under the present system, if one goes to the auction, the marked beasts are not marked until they have been through the ring. Any farmer can buy for breeding a heifer, for instance, which he thinks he would like to breed from, and, at the end of the sale of the animal, the auctioneer will instruct his servants not to mark the animal. Thus, there is freedom for the farmer, if he wishes, to breed from an animal which is submitted to auction for slaughter. He can buy it in the open market if he wishes to breed from it.

Is there any alteration? I am not absolutely dear from the wording of the Order, and I should like to preserve the freedom of the farmer to come in and buy in that way.

10.35 p.m.

Perhaps I might deal in reverse order with the two or three points which have been raised. My hon. Friend the Member for South Angus (Sir J. Duncan) asked me about marking. As I understand, there is no change whatever in the system in relation to those marks. The confusion of marks, to which the hon. Member for Brecon and Radnor (Mr. Watkins) referred, has caused some difficulty, as I think he knows, when farmers have used marks which could be genuinely confused with the official marks.

If I may I should like to write to the hon. Gentleman about the precise position in Wales. I should not like to give an answer off the cuff. I hope that we can persuade farmers not to use the type of mark which can lead to confusion of this sort. We have tried to be as helpful as possible on that, but there are certain cases where difficulties are caused and the farmer loses his right to payment if he cannot give adequate proof.

The hon. Member for Sunderland, North (Mr. Willey), was his usual generous self in the way in which he criticised us. We rather expect criticisms from him. They help, perhaps, to keep us on the mark. But I thought that the hon Gentleman would have been a little more bashful about eggs. I accept that there have been the criticisms of which he spoke, but for a member of a party which criticised us so much when we took eggs off the ration, which said that eggs would go up to 1s. each, I should have thought that the hon. Gentleman would have been far more modest than to challenge us tonight. I have taken note of his criticisms. I assure him that I will give them all the attention that they deserve.

10.37 p.m.

I want to get clear the point raised by my hon. Friend the Member for South Angus (Sir J. Duncan). As I understood what he said, if a beast goes through the auction market and the buyer wants to retain that beast for breeding purposes, it does not have to be marked. That, of course, is not so because, otherwise, it would open up a tremendous avenue for fraud. If an animal goes through the fatstock ring and the owner receives a deficiency payment, that animal has to be marked. That point should be cleared up. No owner is going to allow his beast to be sold in the fatstock ring at a price very much below what he would get for slaughter. If a beast goes through the ring it is marked for slaughter. If it is bought by anybody and the subsidy is paid on it, it must be marked as soon as it leaves the ring. If the buyer wants to breed from it he has to make some arrangement with the vendor to see that the deficiency payment is paid from the buyer to the seller. If it goes through the ring and the vendor gets the subsidy it has to be marked.

If, in fact, it is certified for payment it must be marked. I do not think there is any confusion between us on that point, and I am grateful to my hon. Friend the Member for Leominster (Sir A. Baldwin) for helping to clear it up.

Question put and agreed to.

Resolved, That the Cereals (Protection of Guarantees) Order, 1958 (S.I., 1958, No. 956), dated 11th June, 1958, a copy of which was laid before this House on 17th June, be approved.

Eggs (Protection of Guarantees) Order, 1958 (S.I., 1958, No. 957), dated 11th June, 1958 [copy laid before the House, 17th June], approved. —[ Mr. Godber. ]

Fatstock (Protection of Guarantees) Order, 1958 (S.I., 1958, No. 958), dated 11th June, 1958 [copy laid before the House, 17th June], approved. —[ Mr. Godber. ]

DEFENCE, WEST AFRICA

Motion made, and Question proposed, That this House do now adjourn.—[ Mr. Oakshott. ]

10.39 p.m.

Thirteen years ago when I was a new Member of the House, the focal point of the defence policy of the party opposite centred upon colonial defence. We had many debates upon the recruitment of colonial armies and no opportunity was lost by right hon. and hon. Members opposite to ventilate their doubts and fears about our colonial defence policy. Times have changed. In only one of the last two Defence White Papers, I believe, has there been any reference to colonial defence, and then only a passing reference.

I hold the view, the modern world being what it is, that the responsibility of Britain for the Colonial Territories is as great now as it was in 1945. Therefore, I have taken the opportunity to raise in this debate the question of defence policy in West Africa. The principle of Her Majesty's Government's policy is laid down in paragraph 26 of the Memorandum of the Secretary of State for War Relating to the Army Estimates, 1957–58, Command Paper 150, which says: It is the policy of Tier Majesty's Government that these territories should assume responsibility for their own forces. The Memorandum states that until 1956 Headquarters West Africa Command controlled and administered West African forces for the War Office. That meant the control of the military forces of Nigeria, the then Gold Coast, Sierra Leone and the Gambia, but on 1st July, 1956, Headquarters West Africa Command was abolished and each of the four Governments assumed responsibility for their own forces, with the assistance of a British adviser. On 6th March, 1957, Ghana becoming then a self-governing Dominion, all responsibility by Her Majesty's Government was severed, although there were left in Ghana about 400 British officers and N.C.O.s.

When the Ghana Independence Act was being debated, I took the opportunity to raise this issue and I think that we received a very good statement from the Secretary of State for the Colonies, If I may say so without impertinence, it was a surprisingly liberal statement. It was a first-class statement which made the position clear. I therefore thought that the situation would develop in a way that would take due regard for economy and, at the same time, should trouble, unhappily, arise, enable likely situations to be met. However, we have learned since that the Ghana Government did not care for the arrangement for a British adviser, and now there is no possible means whereby there can be unification of training and one West African Dominion or Colony can come to the help of another. Each of the four areas has gone its separate way.

Therefore, a few weeks ago I put a Question on the Order Paper, based on a statement by the Secretary of State for War, for on 1st July this year Nigeria assumed responsibility for her own defence and control of her military forces, and on 1st January next Sierra Leone does likewise. Although I put the Question to the Secretary of State for War, and although it was based upon his Memorandum, I should point out that it was transferred, without any regard to my views, to the Secretary of State for the Colonies. I understand the technical reasons for that, but it is worthy of note that if hon. Members follow up this subject they will find all the material in statements by the War Office, in the Army Estimates for each year, and in the Memorandum of the Secretary of State for War. Nothing is published by the Colonial Office, nor has there been any statement by that Department.

I put a Question to the Secretary of State for War and asked that he should make a statement on the future of both the Nigerian and Sierra Leone forces. I have particularly in mind Nigeria. This is an area a third of the size of Europe, with 40 million people. I know from personal experience—I have served there—that from time to time internal security problems have arisen. I am also acutely aware, as any hon. Member who studies the problem must be, of the strategic and economic importance of the area.

It is not inappropriate, on the eve of the Cyprus debate, to think for a moment of what a future Gibbon will write about the decline and fall of the British Empire. We have 23 major units committed to Cyprus at this moment, an area of no strategic or economic importance, yet we cannot spare 500 British officers and N.C.O.s for an area which is a third of the size of Europe. It is an astonishing situation. The future Gibbon may well think that we have "gone off our rocker."

I should like to pursue this point but I have not much time; I know I shall not be called upon to speak tomorrow, so I am taking the opportunity of mentioning it now. I am lost in astonishment when I look at the list of units in Cyprus—and likely to stay there for the next seven years—and then look at the situation in the other parts of the British Commonwealth.

I do not think that the Secretary of State for the Colonies was very well briefed. I can understand that. He is a peaceful man, and is caught up in peaceful ways, rightly. He begrudges every penny spent on defence. He needs to spend it upon health and education. However, I would remind him and the House—I am constantly reminding the House—that the exercise of sovereignty means the power to maintain law and order. One of the things I believe we have singularly failed to do is to teach those who are now taking responsibility for their own affairs the importance of this subject, because if one cannot maintain law and order one does not exercise sovereignty.

When I asked the right hon. Gentleman one or two not too searching supplementary questions, the Secretary of State for the Colonies brushed me off by saying that our old friend, Chief Festus, was coming to this country and was coming here to discuss the subject. I took the opportunity of meeting Chief Festus when he was here, and I was astonished to find that he had no military adviser. He had come here to discuss finance. It is true, of course, that colonial defence is now being seen purely in terms of £ s. d. That is the Sandys policy.

Let me give hon. Gentlemen an example. The Gambia Regiment was suddenly called together last December, and it was announced that it was to be disbanded—not quite "disbanded" but it was to be placed in suspended animation. The total strength at that time was 168 African other ranks, two British officers and four British n.c.os. Our contribution in terms of finance was £50,000.

Having taken their gratuities, those belonging to it were invited to join the new police force. By nearly the end of March, 82 other Africans had been recruited to the new police force. Then somebody, rightly, got the wind up and decided to recruit, so I am told, a mobile police force. The first question that I want to ask the hon. Gentleman is whether that police force in Gambia has been established, and if so, how much it has cost. If the hon. Gentleman is a little choosey about answering the question in precise terms, has it cost more than the £50,000 the Government set out to save by disbanding the Gambia Regiment?

Let us go back to the question of Nigeria. As I understand, the contribution of Her Majesty's Government has been tapered off until last year, in 1957–58, Her Majesty's Government were making a payment of just over £1 million. Chief Festus has come here and gone back with an offer from the Government of £1 million payable in two yearly instalments of £500,000. Let it be noted that the total effective troops in Nigeria—again I emphasise that it is a third of the size of Europe—comprise five battalions—one in Enugu, one in Ibadan, one in Abeokata and two in Kaduna. That force is small enough, but it has also practically no mobility at all and practically no services, and the total number of British officers and n.c.os. is about 500.

What will happen two years from now? It is obvious that the Nigerian Government begrudge every penny they spend on defence. I do not blame them for that. I blame Her Majesty's Government for not—I will not say "instructing"; "educating" is the better word—educating the African Ministers into the realities of the situation. Two years from now, when the final payment of £500,000 has been made, nothing more will be forthcoming. Be this noted: up to now Nigeria and Ghana have had a joint training establishment at Teshie, which was erected by the expenditure of British taxpayers' money. I do not begrudge a penny of it, and my guess is that it cost nearly £3 million

The Nigerian Government, most unwisely in my opinion, have decided to withdraw from Teshie. Would the Minister tell us what is taking its place in Nigeria, how far plans are advanced and whether discussions have taken place with Chief Festus on what it will cost to have a comparable establishment inside Nigeria?

If hon. Members think I am exaggerating let them look at the facts. Here is Ghana, with a population of about 7 million, and Nigeria, with a population five or six times as great. Ghana has got four battalions and Nigeria five. Either Ghana has got too much or Nigeria has not got enough.

The thing that worries me is the policy of Her Majesty's Government. What does paragraph 26 of the Secretary of State for War's Memorandum of a year ago mean when it says: the policy of the Government is that these territories should assume responsibility for their own affairs"? Are we washing our hands of it? Have we said to Ghana, "This is the end"? Have we completely put from ourselves any thought of what might happen if internal disorder arose which the Ghana or Nigerian Government could not handle?

These are very difficult and complex problems. If we look at the realities of the modern world, this is the kind of subject which ought to be put on the agenda for the Commonwealth Conference.

In Nigeria, there have been disorders in the last couple of years. In my soldiering years there were a great number of worries about what could happen in Nigeria. There has been some wild talk by African politicians. I am quite sure that it would be a major defeat for the idea of Western democracy if there was something near to chaos and we stood on the sidelines. What worries me is that with our commitments in the Arabian peninsula, Cyprus, and the fantastic defence policy of the present Minister of Defence—which, I trust before long will be reversed—we shall not be in a position to help and neither will the Nigerians.

I will be satisfied if the Minister will get up and say that whoever saw Chief Festus made perfectly clear what the consequences of independence were. I do not believe that the Nigerian Ministers have faced up to this situation. They are living in a dream world; they do not understand what can happen. They look upon soldiers as rather picturesque symbols that one has on guard outside the Governor's house. They do not realise that in the modern world, even in highly developed civilised countries like ours, a battalion in Wellington Barracks, for instance, has a part to play, and that if such a force is needed here, or in Scandinavian countries, it is certainly needed in countries like Nigeria.

I want to give the Minister ample time to reply, but I must say that the one thing that distresses me almost as much as the decision about Teshie is the decision about the West African Army Advisory Council. I have said this before, and I repeat it; one of the most imaginative documents that I have read is Colonial 304. When the position arising from the training of African officers was looked at it was realised that we could not do it all, and the suggestion was that there should be an African Sandhurst, to which all the Commonwealth countries would make a contribution, by way of instructors, money and experience, and that there would be trained young men who would, in due course, take their place in their own armed forces.

I thought that this was a wonderful idea—but in the same Colonial Paper there was a statement about the African Advisory Council. It is absolutely vital that there should be a uniformity of doctrine in the matter of training, if not in operational procedure. But now, as I understand, the Council has also been put into a state of suspended animation. I want to be fair here; I appreciate the difficulties of Her Majesty's Government, which are very great. Ghana has taken the unwise step of withdrawing from the arrangement whereby a War Office adviser, or a senior Army officer, acted as adviser to the West African Governments.

I hope that the time will come when Dr. Nkrumah—who is a wise and farsighted man—will see the wisdom of such an arrangement, and that when the new constitution for Nigeria takes shape, and independence comes, the Nigerians will also see the advantage of a partnership between all the African countries and ourselves, with each playing its part. I have raised the matter tonight because I believe it to be important, and the Minister will be doing a great service to these countries if he indulges in plain speaking, as I have, as a means of making his voice carry into Nigeria and Sierre Leone, so that the African Ministers there will understand that although there is a maximum of good will in this House it must be based on reality. We are willing to give the countries the benefit of our experience, but the African Ministers must face realities and not live in a dream world, as, I am afraid, they are inclined to do at present.

10.58 p.m.

The hon. Member for Dudley (Mr. Wigg) has raised an extremely interesting and important subject tonight. I am grateful to him for the advance information he gave me of his intentions. I must at once be at variance with him, however. He told the House that he thought that a future Gibbon might write about the decline and fall of the British Empire, and think that some of us were "off our rockers" because of the things that we had done. I do not accept that theory; I think that a future Gibbon would certainly think that anyone was "off his rocker" if he thought that there was to be a decline and fall of the British Empire. I am sure that, far from breaking up, the British Empire is growing up. It is growing up in Africa—and perhaps faster there than anywhere else.

The first thing I want to do is to tell the hon. Member that the military forces in West Africa, whose main function since 1955 has been that of internal security and local defence, are not the only means by which the three Governments in West Africa carry out their responsibility for law and order. In Nigeria, there are 10,717 police and 2,650 auxiliary police; in Sierra Leone, 1,737 police and 394 auxiliaries; and in the Gambia, 276 police and 69 auxiliaries. The duty of the military forces is to support the police in the event of internal security disturbances; as those of Sierra Leone did, of course, in the Kono riots in September, 1957. The responsibility for the use and operational control of the police is vested in the Governor-General of Nigeria and the Governors of the other territories.

Having regard to the fact that the function of the local forces is internal security and local defence, and to political developments that have taken and are taking place in West Africa, I myself am convinced it is right that local forces should no longer be administered and controlled by the War Office but should revert to local control as was the position before the last war. Because there has been that change I find myself at this Box this evening and not my right hon. Friend the Secretary of State for War.

As the hon. Member knows, in July, 1956, the Gold Coast, as it was then called, assumed control of, and full financial responsibility for, her forces. In Nigeria, military forces passed into local control on 1st April last, and Sierra Leone has agreed in principle to assume control as from 1st January, 1959. In the Gambia it was decided that a special police force of 100 men, in addition to the 276 which I have mentioned, would be raised and trained in a manner similar to that of the Gambia Regiment, rather than to continue to run the independent company—about 150 strong—and the regiment was, therefore, placed in suspended animation in December, 1957.

As a corollary to this reorganisation, West Africa Command ceased to exist on 1st July, 1956, as the hon. Member himself mentioned. What this now means in terms of the Royal West African Frontier Force is that it is in three separate commands for Ghana, Nigeria and Sierra Leone. Thus, there are now in West Africa the five battalions of the Nigeria military forces, totalling about 7,000 officers and men, and the Sierra Leone Battalion, totalling about 1,700 officers and men. All in all, therefore, there are over 20,000 members of the security forces, police and Army combined.

Political developments in West Africa have, of course, affected the various military institutions and organisations in West Africa which were established during and after the last war to provide common services for the West African Governments. The West African Army Advisory Council was set up in 1954 as the civil counterpart to the West Africa Command. It was a body composed of Ministers and officials and its functions were to advise the West African Governments on matters affecting their military forces, and to keep under review measures to further West African military co-operation. It was specifically set up to provide a means of contact between the four Governments and West Africa Command, and on the disappearance of West Africa Command the local Governments asked for—and this is the point, they themselves asked for—the appointment of a Military Adviser to assist them in the co-ordination of defence matters. This appointment took place in 1956.

The four Governments also co-operated in running the West African Military Training School at Teshie, in Ghana, to provide technical and advanced training for all four West African Land Forces. The costs of this school were entirely borne by the West African Governments, the main share, 50 per cent., being paid by Nigeria and 40 per cent. by Ghana. In recent years the yearly cost has been about £150,000.

Now, these arrangements had to undergo some change when Ghana achieved independence. The Ghana Government gave notice of withdrawal from the West African Army Advisory Council a year ago, and this will take effect in five days' time. It also gave similar notice about the arrangements for the Military Adviser. The Military Training School has, since the departure of the Military Adviser in February, 1958, been operating under a joint board.

Nigeria now wishes to establish its own military training school, as the hon. Member surmises, and is proposing to build one at Kaduna at a cost of £200,000, of which £92,000 is to be spent this year. Nigeria therefore proposes to withdraw from the arrangements for Teshie as from 1st April, 1960.

We have contributed to these forces considerably in the past and at the Constitutional Conference held in London in May and June, 1957, my right hon. Friend the Colonial Secretary promised that if a case were made out after the transfer of control, Her Majesty's Government would consider sympathetically the continuance of financial aid but on a diminishing basis.

I think that at that conference, which took a very long time and which was very thorough, the people who came to London from Africa had a good idea of the consequences of independence. At any rate, last month the Finance Minister for the Federation of Nigeria, Chief Festus, who came here to discuss the extent of future assistance by Her Majesty's Government, gratefully accepted on behalf of the Nigerian Government, a proposal by Her Majesty's Government under which an amount of £1 million in all will be made available over the years 1958–59 and 1959–60, subject to the approval of Parliament in the usual way. After that no further contribution would arise.

The fact that Nigeria will have to meet a substantial extra bill in the current year is fully appreciated. On an estimated cost of the forces of £3¼ million it looks as though the total extra cost over the 1957–58 figure which will fall in the first instance on Nigeria will be about £1,400,000. But Nigerian finances are sound, and my right hon. Friend does consider that the agreement implements fairly the undertaking which was given at the London Conference of 1957, and it has been received in that sense by the Federal Government, by Chief Festus and by the Federal Prime Minister.

In making this assistance available there is, of course, no question of washing our hands of ultimate responsibility for the law and order of the West African territories, so long as my right hon. Friend remains answerable to this House for Nigeria, Sierra Leone or the Gambia. There are plans, of course, for the reinforcement of each of these territories in the event of trouble arising which it is beyond the capacity of the local security forces to contain.

I am assured that the forces which might be requested to reinforce Nigeria are available from the central reserve, which, as my right hon. Friend the Minister of Defence said in the Report on Defence (Command 363), is maintained in the United Kingdom and is supported by an adequate fleet of aircraft. These can carry reinforcements rapidly to Nigeria, Sierra Leone or the Gambia. It would be neither appropriate nor usual to offer assistance of this kind once a territory had achieved independence.

I hope that what I have said will assure the hon. Member for Dudley that these arrangements have not been undertaken in any spirit of hurry or without very profound thought being given to them by my Department, the Ministry of Defence, the War Office and the Air Ministry. I am glad that my right hon. Friend the Secretary of State for Air is here tonight.

It has to be recognised that when these countries advance towards independence one must accept that if they are to be responsible for internal security the Minister must give them what he feels they require, so long as he keeps fundamental control and we are satisfied that there is an adequate reserve. In the past these forces had two roles to serve: that of internal security and an imperial role, and, therefore, they required more armed forces and more control from here than now that the basic job will be internal security.

We are satisfied that they are taking the opportunity of looking after their own affairs, but that, at the same time, we have the forces necessary to back them up if extreme danger arises. We are also satisfied that they are, by and large, able to shoulder the burden of financial responsibility which must fall on their shoulders when they assume these responsibilities for themselves.

If the hon. Member for Dudley, with his considerable knowledge, has any further qualms about this, or feels that things are going too fast or not quite right, no one will be more ready to listen to him than my right hon. Friend the Secretary of State for the Colonies. I can assure him that we do realise the responsibility that still exists in this matter.

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 nine minutes past Eleven o'clock.