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Commons Chamber

Volume 663: debated on Wednesday 25 July 1962

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House Of Commons

Wednesday, 25th July, 1962

The House met at half-past Two o'clock

Prayers

[Mr. SPEAKER in the Chair]

Oral Answers To Questions

Agriculture, Fisheries And Food

Swine Fever (Slaughter Policy)

1.

asked the Minister of Agriculture, Fisheries and Food when he will announce the date early in 1963 upon which a compulsory policy for swine fever will be introduced.

As I said in answer to my hon. Friend the Member for Thirsk and Malton (Mr. Turton) and the hon. Member for Blyth (Mr. Milne) on 18th July, it is too soon for me to give the exact date on which the slaughter policy will be introduced, but it remains my intention that a start should be made early in the New Year.

While thanking my right hon. Friend for that reply, may I ask him to bear in mind that it would be of great help to farmers if he could announce well beforehand the date on which the scheme will start? One might suggest that it could be made earlier than he has anticipated in view of the amount of money he will save in respect of slaughter due to fowl pest.

As to the question of the date of announcement, I have in mind what my hon. Friend has said. I will announce it as soon as it is fixed.

European Economic Community

2.

asked the Minister of Agriculture, Fisheries and Food what negotiations he has now had with the European Economic Community concerning British horticulture.

A working party of the Conference has considered the problems of horticulture in the United Kingdom and has reported to Ministers who had a short preliminary discussion yesterday.

Is my right hon. Friend aware that if the answer is a lemon it will not be good enough, and that this is one of the most important areas of the whole negotiations? Will he use his best endeavours to try to get conditions which will give reasonable security to British growers?

I can assure my hon. Friend that I am fully aware how vital it is, both within the negotiations and for the horticultural industry, that we should gat reasonable arrangements.

Is the Minister aware that there is concern in the horticultural world about the position of the Government? As yet Government spokesmen on this matter have given the impression that they are prepared to go into the European community without any adequate safeguards. When are we likely to know what really are the safeguards the Government wish to have?

The hon. Member for Workington (Mr. Peart) knows well that these matters are still under negotiation. We have not on any subject within these negotiations made public what is the position of Her Majesty's Government.

The Minister has not answered my question. I asked what really are the safeguards the Government desire? What is the Government's policy on this? I am only afraid that Government spokesmen for agriculture—and, indeed, the Lord Privy Seal—because of a European concept will go in without giving these safeguards. I want to know What they are.

The hon. Member asks what is the position of the Government on safeguards for the horticultural industry. I said that that is a vital element within the negotiations. It is part of the negotiations, but we are not making them public.

20.

asked the Minister of Agriculture, Fisheries and Food if he will issue as a White Paper the text of his statements made at the meeting with Ministers of member States of the European Agricultural Community.

My right hon. Friend the Lord Privy Seal's opening statement was, of course, published as a White Paper, but the detailed discussions which are taking place during the course of the negotiations with the European Economic Community are confidential, and the statements made during them are therefore not published.

Is not the Minister aware that the Lord Privy Seal made a statement on Euratom which was very detailed and Chart we have not had from the Minister of Agriculture anything comparable to that statement? Is he now aware that there is a feeling in the country that the Government have been rather lackadaisical about this and that the Lord Privy Seal will give everything away in agriculture and get nothing in return? When are we to have a detailed explanation of the Government's agricultural policy in relation to the Common Market?

My right hon. Friend the Lord Privy Seal made dear after his statement on Monday that he had published White Papers on the opening statement in the negotiations with the E.E.C., the Coal and Iron Community and with Euratom. These are the only published statements, and the proceedings within the negotiations have not been published.

Can my right hon. Friend give some firm assurance to the horticultural districts, following the current round of negotiations, because those districts are very worried and would like a clear exposition?

The Government's position is as it has been set out all the way along. We have not been able as yet to come to a final agreement with the E.E.C. countries and we are in the process of negotiation. We had another meeting yesterday and there will be further meetings.

Is the right hon. Gentleman aware that the Lord Privy Seal's statement on agriculture on Monday was very vague? No real assurances have been given as yet to our producers. Is not he aware of the detailed regulations issued by the Community and also the statement issued as recently as yesterday by the Common Market Commis- sion to set up an agricultural advisory committee? We do not know the Government's view on this. The House is anxious to know what it is.

The hon. Gentleman says that my right hon. Friend's statement on Monday about the position of agriculture was extremely vague. But my right hon. Friend gave a very clear and concise explanation of what had been happening during the week. He was not attempting to set out the Government's position on agriculture as a whole. He was reporting to the House the outcome of the negotiations "in the round" the previous week.

23.

asked the Minister of Agriculture, Fisheries and Food whether he is satisfied that, under the terms of the provisional agreement reached on 21st July between Great Britain and the Six on the subject of agriculture, the farming community of Great Britain will be as well served as they are under the present system; and if he will make a statement.

The provisional agreement reached with the Six on annual reviews and a further assurance for farmers in the Community deals with only a part—albeit an important part— of the arrangements that would affect our farmers if we join the E.E.C. Negotiations on other closely related aspects are still going on. Until it is possible to take an overall view of the whole of the arrangements for agriculture in an enlarged Community, it would be premature to make comparisons with our present system.

Is my right hon. Friend aware that practically nobody in the agricultural industry or connected with it is at all happy about the announcement made about the arrangements come to on reviews the other day? When is the farming community of this country to have some real assurance that it will not be irreparably damaged if we enter the Common Market? What plans are being made for agriculture if we do not get in?

I disagree profoundly with what my hon. Friend says about the provisional agreement, as he terms it, which was arrived at on 21st July. It concerns only a particular sphere but a very important sphere to which I believe the House and certainly the agricultural community attach the greatest importance. It is that there should be a continuation of our annual review and also that the Community should adopt the concept of our annual review. This is what has been done in these negotiations. Of course, an annual review is not an end in itself; it is only a means to an end. As I say, there is a lot of work yet to be done on matters which would flow from an annual review.

The Minister has just said that an annual review is not an end in itself. When can he give an assurance to British farmers that we will not enter the Common Market on terms which will result in a decrease of the profitability of British agriculture? When can we be given an assessment of how many small farmers will survive if we enter the Common Market?

My right hon. Friends the Prime Minister and the Lord Privy Seal and myself have said time and again that it was essential that we should achieve in these negotiations arrangements which would safeguard the vital interests of agriculture. This we have always said and it is very much in our minds today.

Will my right hon. Friend explain one point in the tentative proposal of last Monday? What will be the channel of communication between the British agricultural industry and the European Agricultural Commission if this process of annual review is adopted?

To begin with, it will be at national level between the farmers' unions and the Government. When the national review and the Community reviews are being undertaken, there will be discussions between the Commission and representatives of producer interests.

Altaswede Seed

3.

asked the Minister of Agriculture, Fisheries and Food whether he will take action to ensure that Altaswede seed imported into the United Kingdom is stained to make sure that it is not mixed with other home-grown clovers thus spreading the risk of red clover stem eelworm.

The Joint Parliamentary Secretary to the Ministry of Agriculture, Fisheries and Food
(Mr. James Scott-Hopkins)

The Seeds Regulations, 1961, require the variety and country of origin of red clover seed to be declared by the seller. We are satisfied that these requirements give the buyer of seeds adequate protection against admixture, and we do not think that the staining of Altaswede seed imported from Canada is necessary for this purpose, or would have any effect upon the incidence of red clover stem eelworm in this country.

While thanking my hon. Friend for that reply, may I ask whether he is aware that in Canada and the United States they use a method of staining seed to ensure that infected seed does not get involved with their domestic supplies? Would he not consider, in view of the importance of the export of clover seed from the Eastern Counties, banning all infected seed from coming into the country?

I am aware of the regulations in force in Canada. Experience has shown that Altaswede seed is not unsuitable for growing in this country and that it is particularly useful when supplies of home-grown clover seed are short. There are no plant health reasons why this should be stopped at this moment.

Bacon Imports

4.

asked the Minister of Agriculture, Fisheries and Food whether, in view of the decline in the quantity of home-produced bacon in the past seven years and the increase in bacon imports by 95,000 tons in the same period, he will now impose a quota on future bacon imports.

No, Sir. The home pig producers' return is safeguarded by the Fatstock Guarantee Scheme which relates the guaranteed price of pigs to an annual number of certifications of around 10·5 million. This arrangement was agreed with the farmers' unions in 1961 and takes into account the supply position, the level of home demand and the cost of the deficiency payments to the Exchequer.

Would not my right hon. Friend agree that the increase of 100,000 tons in the home consumption of bacon pig, which has occurred in the past eight years and which has been met entirely by foreign imports, is a very unsatisfactory position? Could my right hon. Friend advise me how it is possible for bacon producers to reduce their costs and become more competitive if the market is to continue to be swamped with foreign imports?

My hon. Friend talks about the market continuing to be swamped with foreign imports, but I am sure he realises that, if we had endeavoured to alter our import-export trading arrangements with other countries in tune with the movement of the pig cycle, this would not have been to the advantage of this country as a major trading nation.

Will my right hon. Friend keep in mind the fact that there is a prospect of another 1 million pigs coming forward at home—this despite the disincentive, because we are running at over 10½ million pigs a year? Would it not be well to have a look at the import side of this bacon picture so that we can have a better balance and can give reasonable encouragement to the home producer?

Certainly, within our international obligations and responsibilities. As my hon. Friend has pointed out, the national pig herd has increased considerably. Whereas 10·5 million was the figure agreed with the farmers' unions to attract the basic guarantee, it is now upward of 11½ million, about 1 million up on forecast certifications— this despite the disincentive, which has been masked to some extent by the amount of the feed formula which has an important part to play. We shall have to look at the whole question at the next review.

Does not this show that the moment the Government apply a disincentive in one direction they are bound to get increased production in another? The disincentive with respect to milk last year has now resulted in an increased pig herd. What is my right hon. Friend going to do about it?

I do not believe that is the case so far as the pig herd is concerned. We have endeavoured through the flexible price guarantee to have some effect upon the large rises and falls in the pig herd, and I still believe that the basic thought behind the flexible guarantee could make a considerable contribution towards this. The movements in price at the different levels of production have not been sufficient to act as a disincentive.

White Fish Authority And Herring Industry Board

5.

asked the Minister of Agriculture, Fisheries and Food whether he proposes to increase the membership of the White Fish Authority and the Herring Industry Board.

My right hon. Friend the Secretary of State for Scotland and I are considering the future composition of these two bodies, including the possibility of varying the number of members, and we will make an announcement well before the end of this year, when the appointments of all but one of the present members expire.

Would the right hon. Gentleman give a little urgency to this matter, in view of the fact that the record of these bodies in the past in connection with labour relations is not too good and they obviously need a specialist in dealing with the trade unions and their own workers?

I take note of what the hon. Gentleman says. I believe that these bodies have contributed beneficially to the fishing industry as a whole; but, as I say, I will make an announcement in the fulness of time on the new membership.

Wood Pigeons

6.

asked the Minister of Agriculture, Fisheries and Food if, to combat the menace of wood pigeons, he will take steps to make cartridges available at reduced prices to recognised individual expert shots operating on a country-wide basis.

No, Sir. Grants towards the cost of cartridges for shooting wood pigeons are available to rabbit clearance societies, who may provide cartridges for recognised shots if they wish.

Is my hon. Friend aware that whilst it may seem very satisfactory on paper, it is not working out in practice? Is he further aware that I know the name of one expert wood pigeon shot who has killed over 100,000 wood pigeons but who has now given up because he finds that to continue under the present scheme he would have to join no fewer than forty of these rabbit clearance societies?

It is not necessary to join the societies. One only has to be recognised by them. If the gentleman to whom my hon. Friend refers was a recognised shot, my Department could arrange for him to get these cartridges with the minimum amount of difficulty. I think the gentleman concerned might well come into this category.

Is the hon. Gentleman aware that the wood pigeon in Norfolk is one of the worst of several pests that we have on our farms and that it does tremendous damage? If he cannot agree to the suggestion made by his hon. Friend, will he at least ask his right hon. Friend to give careful consideration to the proposals in the letter which I sent to him a couple of days ago from the Norfolk branch of the National Farmers' Union for dealing with these pests?

I am aware of the damage done by wood pigeons, and everything possible is being done to eradicate them.

18.

asked the Minister of Agriculture, Fisheries and Food if, in view of the increasing damage to farm and garden crops by wood pigeons in recent years, he will consult the National Farmers' Union, ornithologists and pest destruction experts on further measures which might be taken to reduce their numbers.

We are aware of the increasing amount of damage being done by wood pigeons. The Ministry is in constant consultation with the interests to which my hon. Friend refers, and with the Advisory Council on Rabbits and other Land Pests, on further measures to reduce the number of wood pigeons.

In addition to what we are achieving at present, could not more be achieved possibly by the giving of some sort of tranquiliser to the pigeons so that they could be caught more easily on the ground?

Fowl Pest, Norfolk

7.

asked the Minister of Agriculture, Fisheries and Food if he will state, to the nearest convenient date, the number of poultry slaughtered as a result of the present outbreak of fowl pest in Norfolk; how many of these were ducks, turkeys and chickens, respectively; what was the amount paid out in compensation; what new measures are being taken to combat the outbreak; and if he will make a statement.

Infected area restrictions controlling the movement of poultry into, out of, and within central and eastern Norfolk have been in force since 30th March. From then until mid-July, 411 outbreaks were confirmed in Norfolk, involving the slaughter of nearly 1½ million infected and contact birds. Of these approximately 1,200,000 were chickens, 231,000 turkeys, 16,000 ducks, 3,000 other birds including geese and pheasants. The total compensation for these birds is estimated at about £1¼ million.

Regarding future policy I would refer the hon. Member to the statement made by my right hon. Friend on 18th July in reply to my hon. Friend the Member for Newbury (Sir A. Hurd).

While thanking the Parliamentary Secretary for that lengthy reply, may I ask him if he is aware that the number of poultry of all sorts involved in this most recent outbreak in Norfolk and the resultant cost are of great concern to us all? As to the statement which was issued by his right hon. Friend a few days ago, is the hon. Gentleman aware that most people in Norfolk, and especially the farmers who have been in the poultry trade for nearly fifty years and have never suffered from fowl pest, will welcome the new proposal that slaughter and compensation should stop, but will the hon. Gentleman make doubly sure that adequate supplies of vaccine are made available as soon as possible at reasonable prices for poultry keepers?

Meat (Prices)

8.

asked the Minister of Agriculture, Fisheries and Food, in view of the continuing high prices of meat and the failure of the predicted increase in summer supplies to materialise, if he will make a statement on the present position and the prospects for the next three months.

As I explained to the House on 2nd July, I expect that during the later summer months there will be a considerable increase in the number of cattle and sheep coming on the market and that this will be reflected in price movements both at wholesale and retail level. The poor spring and late grass season this year have retarded marketings, particularly in the case of sheep and so tended to keep up prices in the late spring and early summer.

Marketings of pigs have been higher than a year ago and prices have been substantially lower both at wholesale and retail level.

Is the right hon. Gentleman aware that when he made that statement he implied that the butchers were to blame for the high prices when, in fact, the wholesale prices were going sky-high? Is he further aware that last week the president of the National Federation of Meat Traders' Associations accused the Minister of sheer electioneering for the by-elections and of hoodwinking the housewife by that statement? Since none of us in this House believes that the right hon. Gentleman would descend to such sordid practices, will he make a statement denouncing that suggestion of the Federation?

The hon. Gentleman has completely misinterpreted what I said. The statement to which he refers was made in May and not in July. I said that we saw a considerable increase in marketings during the summer months, that at the moment prices were high in the wholesale markets, that we envisaged these prices would fall when the cattle came forward in greater numbers and we expected the fall in wholesale prices to be reflected in a fall in retail prices in the shops.

As I understand that the Minister has now been converted to the view that he cannot operate a deficiency payments scheme satisfactorily in a free market, and as there are obvious dangers in prophesying price movements, will he undertake to publish a price schedule week by week showing what retail prices of meat ought to be, based on the F.M.C. price list, which would be of great benefit?

Retail prices vary considerably up and down the country. Wholesale prices are readily available. Significant movements in wholesale prices are frequently recorded in national organs and many people see them.

Holdings

9.

asked the Minister of Agriculture, Fisheries and Food if he will state the number of farmers in the United Kingdom in 1939, 1947, 1956, and at the latest convenient date.

As the agricultural returns relate to holdings, it is not possible to give the actual numbers of farmers in these years. The number of holdings in the United Kingdom, excluding holdings in Great Britain consisting solely of rough grazings, was approximately 525,000 both in 1939 and 1947, 512,000 in 1956 and 470,000 in 1961. A large proportion of holdings are worked part-time, and some are worked as distinct units within a single farm business.

Is the Parliamentary Secretary aware that this gradual decline in the number of holdings is causing concern in farming circles, particularly among small farmers who are very apprehensive about their future in view of the possibility of our joining the European Economic Community? Can he give any estimate of the number of small farmers who are likely to go out of business if we join the Common Market, having regard to the large number in the Six who have already been put out of agriculture?

The amalgamation of smallholdings is inevitable with the growth of modernisation and increased efficiency. This is bound to happen. It is much too soon yet to give an answer to the second part of the hon. Gentleman's supplementary question.

Is my hon. Friend able to give the number of farmers included in the total decrease who have been removed from their land because of the spread of towns, new towns and building, or are those figures not available?

I have not those figures available at present, but I will look into the matter for my hon. Friend.

As the decrease has been alarming during the past six years, can the hon. Gentleman give any reasons for it? Does he expect that the decrease will continue at the present rate, and for how long? Also, does he think that a decrease like this is desirable in the interests of British agriculture?

I do not agree that the decrease has been alarming. A decline from 512,000 to 470,000 in just over seven years is not alarming, though it is the trend. The reasons for it I have already given. The hon. Gentleman must realise that in the economic circumstances of the day, expansion, mechanisation and increased efficiency sometimes warrant such a decrease. This is what has been happening.

Potato Acreage

10.

asked the Minister of Agriculture, Fisheries and Food what are his proposals to increase the potato acreage for 1962.

I accept that, but what about the position in 1961–62 and 1962–63 in relation to the future programme, since the Government have through their policy deliberately restricted the acreage?

The Question asks about our proposals to increase the potato acreage for 1962. The hon. Gentleman now asks about 1961 and 1963 as well. I find it hard to understand exactly what he wants by way of information.

The Minister knows that the Government's policy was to restrict the potato acreage and that this brought about a shortage which has caused concern in many parts of the country. I want to know, for the next twelve months and beyond, whether it is the Government's intention still to have this restrictionist policy. The Minister can be very clever about it, but he knows the purpose of the question. I ask him to give a straight answer.

We had a long debate about this and about the object of the Government and the object of the Potato Marketing Board. This is to use the information which it collects and has available in order to exhort, or the reverse, growers in an endeavour to get an acreage of 750,000 acres or thereabouts each year. Of course, the yield varies tremendously. If one can keep the acreage steady, at least one has a chance, taking one year with another, of coming out roughly with the right amount of potatoes, but with a commodity which varies in yield such as this does one is bound to have wide variations.

Fishing Limit

11.

asked the Minister of Agriculture, Fisheries and Food what representations he has now had from fishing interests and from other sources advocating the extension of the existing three-mile limit off the British coast.

In addition to those referred to in my reply of 2nd April, I have received representations from the National Federation of Inland Wholesale Fish Merchants.

Is my right hon. Friend aware that inshore fishermen are very concerned about damage to their nets caused by foreign vessels operating just inside or just outside territorial waiters —[Interruption.]

Order. I should be obliged if the House would leave to me the duty of maintaining order, bearing in mind that a running commentary during Questions creates awkwardnesses for other people in hearing.

Is my right hon. Friend aware also that off the Scottish coast there are anomalies which allow foreign vessels to fish where Scottish vessels are not allowed to fish? Could not all these matters be overcome by an extension of the existing three-mile limit?

I am aware of the problems which my horn. Friend raises. As he knows, this is a question of what is in the best interests of this country as regards our fishing limit and also of our international obligations in this respect. I am well aware of the case and of the strong feelings of inshore fishermen in this matter. It is something which we have to watch continuously, but, in my view, this would not be an opportune moment to move to extend our fishing limit.

Will the right horn. Gentle-man remember when he is considering this matter that his hon. Friends behind him supported the ban on British fishermen though it was opposed from this side of the House?

My hon. Friends are very well aware of the nice balance in this and that there are interests which are in flavour of extending the limit and also that the British Trawlers Federation is anxious that it should not at this time be extended.

Salmon And Freshwater Fisheries Act, 1923 (Section 9)

12.

asked the Minister of Agriculture, Fisheries and Food whether he will amend Section 9 of the Salmon and Freshwater Fisheries Act, 1923, in so far as it relates to the clearance of coarse fish, as recommended by the Bledisloe Committee.

My right hon. Friend is at present considering this and other recommendations by the Bledisloe Commiteee, the majority of which, if accepted, would involve amending legislation, but I am not yet able to make a statement.

Does my horn. Friend realise that in Scotland and the Republic of Ireland there is no such limitation as is imposed by Section 9 of the Act? Does he understand the importance of this to the trout-fishing interests?

I realise the importance of this and I realise that in Scotland the limitation does at present apply. This is one of the points which my right hon. Friend will be considering before he brings proposals before the House.

Wholesale Fruit And Vegetable Markets

13.

asked the Minister of Agriculture, Fisheries and Food what technical assistance he is giving to the Horticultural Marketing Council in the preparation of a national plan for regional wholesale fruit and vegetable markets, and for the most efficient designs for such markets.

Most wholesale markets are owned by local authorities, and the preparation of a national plan is not one of the functions of the Horticultural Marketing Council, as laid down by the Horticulture Act. But it is prepared to advise on the layout and facilities of individual markets, and such technical assistance as my Department can give is always available to it.

Does this mean that the Minister is satisfied with the present position? Has he read the pathetic Report of the Horticultural Marketing Council which makes perfectly clear that we need new wholesale markets in this country? Has he read the Report of the National Farmers' Union committee about the French five-year plan to create a network of wholesale markets in France? Will he realise that, if we are to go into the Common Market, the costly and inefficient marketing arrangements which we have in this country ought to be wiped away and we ought to have better and cheaper markets to offset the increases in prices which will come from entry into the Common Market?

I have, of course, seen both of these Reports, and most interesting they are. In this country, since the Runciman Committee recommended that there should not be a central marketing authority but that markets should be in the hands of local authorities, this has been the policy we have pursued. The hon. Gentleman asks me whether I am satisfied with the situation today. The answer is that no one can be satisfied with the small amount of progress which has been made in modernising markets. This is a matter of the gravest importance for the horticulture industry as a whole, and it is exercising my mind very much at present.

Toxic Sprays

14.

asked the Minister of Agriculture, Fisheries and Food, in view of the fresh evidence of the dangerous long-term effects of synthetic insecticides and other toxic sprays on birds, animals, fish and human beings, a copy of which has been sent to him, whether he will put in hand an investigation into the claims made by the manufacturers of these sprays, with a view to the introduction of regulations to prohibit the sale of all sprays that are not completely safe and harmless to all animals and fish.

I am obliged to the hon. Member for drawing my attention to the recent series of articles in the New Yorker on possible dangers arising from the use of pesticides. These articles do not appear to contain fresh evidence, and I am satisfied that the arrangements we already have in this country for investigating new agricultural pesticides before they are put on the market provide adequate safeguards for human beings and wild life.

Would not the right hon. Gentleman agree that the most frightening aspect of these articles is not in the articles themselves but in the expert evidence quoted that the poisons remain in the soil, that persistent and repeated spraying is killing wild life, birds, animals and fish in the streams, and that there is evidence that the poisoned soil is causing diseases in animals which may well be transmitted to human beings? Would he not agree that in these circumstances and in view of the long-term prospects of the continual poisoning, we ought to ban immediately many of these sprays?

No, Sir. The technical and scientific advice to me on this matter is that there is nothing new in the way of evidence in those articles that was not already known at the time when the research study group went into the whole question and produced a report which has been accepted both by the medical authorities and by wild life interests in this country.

Will my right hon. Friend keep a sense of balance about this? As well as studying the articles in the New Yorker, will he also pay special attention to the report of the committee to which he has referred and which was presided over by Professor Sanders? Will he not agree that there is nothing particularly healthful in having crops messed on by birds, pigeons, rabbits, and other animals, and that we need to create a paradise for people as well as for pigeons?

There is a great deal in what my hon. Friend says, and I can assure him that I shall do my best to maintain a sense of balance.

Will the Minister bear in mind that much of the expert medical and scientific evidence in America has contradicted its previous views on these sprays and that it is the long-term effect of the sprays which is now causing concern? Although we may not want crops dirtied by birds, we certainly do not want crops which will cause cancer in animals and human beings.

I do not think that the hon. Gentleman should make too much out of this from the articles that have appeared in a magazine. As he knows, the greatest precautions are taken and no dressing or pesticide is allowed to be used unless it has been tested and passed.

Is my right hon. Friend aware that his approach today, no doubt unwittingly, might be interpreted as being complacent? Does he not recollect that the Estimates Committee last year recommended a full inquiry into the effects of chemicals in industry both on natural life and human life? Does he realise that there is a problem here? Although he may be perfectly right in taking this comforting attitude will he institute a comprehensive inquiry into a matter that is causing immense anxiety to all interested in natural life and human health?

Yes, Sir. I can assure my than. Friend that the most helpful report and recommendations of the Committee to which he has referred have in fact been implemented and that there is constant research going on into this.

Several Hon. Members rose

We have dealt with only fourteen questions by four minutes past three. I desire to renew my request to hon. Members to keep supplementary questions short.

Lark-Denver Sluice (Cut-Off Channel)

15.

asked the Minister of Agriculture, Fisheries and Food, in view of the Government moneys involved, how far work has progressed on the new out from the Lark to Denver sluice; and when he expects it to be completed.

Excellent progress continues to be made on the cut-off channel, and the contractors are well ahead of schedule. At the present rate of progress, and provided no unforeseen difficulties occur, it is expected that the channel will be completed by the end of 1963.

Great Ouse River Board

16.

asked the Minister of Agriculture, Fisheries and Food whether, when making grants available to the Great Ouse River Board for a cut-off-channel and other new works, he will make it a condition that the completed waterways shall be available for use by pleasure craft and barges.

No, Sir. The managements of the channels constructed under the Great Ouse Flood Protection Scheme is a matter for the river board.

In view of the excellent work done by the Thames Conservancy both in improving drainage and boating facilities, could not a directive or lead be given by the Minister to other bodies, like the Great Ouse River Board, to do the same?

The things that have been done by the Thames Conservancy Board will undoubtedly be taken into consideration by river boards in the future.

Defoliating Agents

17.

asked the Minister of Agriculture, Fisheries and Food whether he will take steps to inform farmers, and especially fruit and grain-growers, of the possible effects on their crops of defoliating agents capable of being used in war.

I do not think I can give special advice to farmers about the effects of defoliating agents, nor would this appear to be necessary as there is no serious risk of their being used in war time against this country.

Is the Parliamentary Secretary aware that the evidence given to the United States Representative Sub-Committee as long ago as 23rd March, 1961, shows that complete areas can be stripped of leaves and of crops and fruit? Is it not likely that the Soviet Union could also use this, and should not the farming community of this country be fully informed of the possibilities which exist in this respect?

I am aware of this United States report. There are considerable difficulties inherent in delivering this kind of poison against this country. When we look at all the dangers today, there are much greater threats than this, but I will consider what the hon. Gentleman has said.

Foot-And-Mouth Disease

19.

asked the Minister of Agriculture, Fisheries and Food, in view of reports by the United Nations Food and Agriculture Organisation, Animal Health Branch, that a virulent African type of foot-and-mouth disease is present in Turkey, what special precautions he is taking to ensure this disease is not brought into Great Britain.

22.

asked the Minister of Agriculture, Fisheries and Food what measures are to be taken by Britain, in conjunction with other European countries, to safeguard herds and flocks against the African virus of foot-and-mouth disease which has lately attacked stock in Israel, Syria, Jordan and Turkey.

It is of vital importance to us that this disease should not spread through Europe and thus place us at risk. The Director General of F.A.O. and the European Commission for the Control of Foot-and-Mouth Disease, of which my chief veterinary officer is chairman, have been considering urgently the foot-and-mouth disease situation in the Middle East, and I understand that the Director General intends to make recommendations as to the measures necessary to prevent the spread of the disease into Europe.

Will my right hon. Friend give an assurance that we are not taking any meat into this country from the countries that are so badly infected, because we know that the virus can readily be carried in carcase meat? Will he assure us that Pirbright is working on a virus that may give us some kind of immunity if this disease should spread into Europe?

We do not import any uncooked meat from any of the countries in the Middle East or the countries mentioned in the Question. We have traditionally and for a long time had a small established trade with Africa for small quantities of uncooked meat and there is considerable veterinary control and restriction on the movement of that meat. The virus concerned is being worked on and a vaccine is being produced at Pirbright bait it would not be for use in this country if this disease were to come here. It would be by slaughter that we would eradicate it.

In view of the fact that the Continent controls foot-and-mouth disease by vaccination and that they do not have a supply of vaccine to control this virus, and that we import meat from Europe, will my right hon. Friend take steps to ensure that if this disease spreads from Turkey into Europe no meat will be brought into this country?

Smallholders, Norfolk

21.

asked the Minister of Agriculture, Fisheries and Food what is the total number of smallholders in Norfolk; and what are the numbers of farmers engaged in horticulture in Norfolk, giving separate figures for those engaged full time and for those engaged part time.

As at 31st March, 1961, the number of statutory smallholdings in Norfolk, provided by the County Council, was 1,267, of which 705 were full-time holdings and 562 were part-time holdings. In addition there are 7,000 to 8,000 small farms and holdings owned privately.

Of the total of 12,000 holdings in Norfolk covered by the agricultural censuses, as at June, 1960, some 4,400 grew horticultural crops, some as specialists and many in conjunction with other farm enterprises. I have no information as to how many of these are full time or part time.

I thank my hon. Friend for that very full Answer. I will not repeat the question asked earlier today by my hon. Friend the Member for Maidstone (Mr. J. Wells), but may I ask my hon. Friend whether the Government are aware of the great worry among the small farmers, not only in Norfolk but all over the country, about the present negotiations?

I am fully aware of the feelings of my hon. Friends and of the small farmers, but I have nothing to add to what my right hon. Friend has said this afternoon.

In view of the enormous importance of the horticultural section of agriculture in Norfolk generally, will my hon. Friend bear in mind the misgivings which horticulturists have about the negotiations which are going on which seem to involve a temporary arrangement in the transitional period only as regards the future of horticultural policy in Europe? Will he ensure that there is something more permanent than a temporary transitional arrangement?

I am sure that my right hon. Friend has heard my hon. Friend's remarks and will bear them in mind.

Ministry Of Defence

Polish Ex-Regulars (Pensions)

24.

asked the Minister of Defence whether, in view of the evidence of the increasingly distressing circumstances in which many of the surviving Polish ex-Regulars have been living in the United Kingdom in the last six months, he will now take the necessary steps to ensure that they may receive a military pension.

There are some difficulties about the solution suggested by the hon. Member, but I am considering whether there is anything more that can be done to help in cases of distress.

I congratulate the Minister on his new appointment. In view of the protestations on this subject which have been made to the Prime Minister and to others in the past, may we now have some hope that the new Minister will adopt a more liberal and enlightened policy on this subject and will correct what has been a manifest injustice for many years past?

I think that everybody has a good deal of instinctive sympathy for the gallant officers and men who came to help us, but there are difficulties about that particular solution. I have not had time to examine the matter in great detail. I have tried to leave a little chink open so that I may examine it further.

When considering this matter, will my right hon. Friend have examined very fully the arrangements which the French Government have come to with the present Polish Government about providing the necessary finance to enable a pension as of right to be paid to Polish ex-Service men who live outside Poland?

Yes, Sir. I think that there is a good deal of misunderstanding about what other Governments have done and about what we have done. We have done a great deal for the Poles, but I will examine all these matters.

Nuclear Deterrent

25.

asked the Minister of Defence if he will make a statement on the Government's present policy in regard to the independent nuclear deterrent.

26.

asked the Minister of Defence what proposals he now has for strengthening the British nuclear deterrent.

As my right hon. Friend the Prime Minister stated in the House on 26th June, Her Majesty's Government intend to maintain the British nuclear deterrent.

May I also congratulate my right hon. Friend on his appointment? Is he aware that what people want to know is just how independent our deterrent is. If it is not independent, let us drop the pretence that it is. If it is independent, may we be told clearly Why it is necessary, as I think it is, that we should retain it? Will he tell the people these things in what I might call "home-truths"—that is, in simple, clear, forthright language which everyone can understand?

Will my right thon. Friend consider the future generation of nuclear deterrents, and, in so doing, will he give particular consideration to the advantages of the Polaris submarine which at the moment this country does not possess?

Obviously these are all matters which will require consideration, but I cannot deal with all of them in answer to this Question.

Now that the right hon. Gentleman has assumed his new great office, will he consider again with a fresh mind whether it is in the national interest that we should maintain this so-called independent nuclear deterrent? Can he say whether we have been having any talks with America about the cost of Skybolt and whether it is true that the costs which we would have to pay are rising rather alarmingly?

I think that in the case of Skybolt we are getting an independent deterrent a great deal cheaper than we would have done if we had done the development ourselves.

May I press the Minister on this question of definition? What exactly does he mean by the "independent nuclear deterrent"? Do Her Majesty's Government seriously contemplate using nuclear weapons independently or even threatening to use them independently? Is not that an out-of-date as well as dangerous concept?

It is hardly for me to try to instruct the hon. Gentleman on the use of English. "Independent" means independent. However, I think that between allies a little more concentration on inter-dependence would not be amiss.

Will my right hon. Friend give an assurance that he will not in any way be influenced by the briefings that the members of the Opposition Front Bench get from the Pentagon?

While reserving my congratulations to the right hon. Gentleman, may I ask whether he has yet had time to circulate throughout his Department the speech which he delivered on the subject of an independent nuclear deterrent when he was able to speak his mind as a free man from the back benches?

In view of the point made by the hon. Member, I will try to refresh my memory on the subject.

Policy

27.

asked the Minister of Defence if he will make a statement on the present defence policy of Her Majesty's Government.

May I refresh the right hon. Gentleman's memory? We understood that as Chancellor of the Exchequer he was strongly critical of the heavy expenditure on defence at that time and felt that it contributed to inflation. Is he now prepared to agree to the reduction of Government expenditure on defence, or is he to be the gamekeeper turned poacher?

Tedious though it may be, I recommend the hon. Member to study the whole of my speech as Chancellor of the Exchequer and not just one part of it.

Nuclear Tests

28.

asked the Minister of Defence if he will invite Professor Don Leet to the United Kingdom to discuss with Her Majesty's scientific advisers his method of detecting underground tests.

No, Sir. All scientific information on this topic is welcome and no special invitation is needed to secure this end.

Is the right hon. Gentleman aware that in the House on 22nd May, the Prime Minister assured me that he would study any evidence made available by Professor Lewis Don Leet and that in response to that, Professor Don Leet wrote to the Prime Minister on 5th June sending the evidence and saying that he would greatly appreciate an opportunity of consultations with British scientists to test his claims but that so far the professor has had only an acknowledgment from the Prime Minister, who has cautiously transferred this Question, which I put down to him? Is it not absurd that when a man of that stature makes an offer to come and collaborate with British scientists, the offer is not accepted with open arms?

Far be it from me to prevent any consultations on this extremely important topic, but Professor Leet, like a great many other scientists in this field, is in consultation with the American Government. We have our own scientists, discussions are going on and there is close contact between us and the American Government. If we all started issuing invitations to one another, I do not think that it would really help.

France (Nuclear Weapon Programme)

29.

asked the Minister of Defence if he will end all direct and indirect British assistance to France's nuclear weapon programme.

We have not been asked for, and are not giving, any assistance to France's nuclear weapon programme.

Does not the Minister admit, first, that Rolls-Royce assistance to Mirage vitally helps the French nuclear weapon programme as a whole and, secondly, that the spread of nuclear weapons to other nations greatly increases the danger of war?

In my last post, I made some small contribution to helping to get the Germans, the French and ourselves jointly to develop a vertical lift engine. I considered that a sensible thing and I very much hope that nobody will be opposed to any inter-dependence of that character.

Is the Minister suggesting that trading arrangements come before the matter of peace? That is the implication.

30.

asked the Minister of Defence if he will give an assurance that Her Majesty's Government will not supply a British guided weapons system for France's projected nuclear missile and will refrain from giving further instruction in low altitude bombing techniques to the French Air Force; and if he will ensure that no official design assistance is afforded to the French Mirage vertical take-off engine.

Does the Minister deny that Hawker Siddeley is giving the French ballistic missile organisation information based on Blue Water?

No, I do not think so. The hon. Member has an exaggerated idea of what helps the nuclear deterrent. We cannot cut off all contact with France in case any piece of knowledge might be used in that direction.

Is not the real trouble that whilst, for largely prestige reasons, we insist upon maintaining independence for ourselves in this field, it is difficult to object to anybody else seeking similar independence and that this may have tragic consequences?

That depends on what the hon. and learned Gentleman means by "object to anybody else". The French are a nuclear Power for this purpose and also they are our allies in N.A.T.O. We understand their reasons for that.

Does the Minister consider it a good idea that the French should be an independent nuclear Power?

We fully understand the position of the French in this matter, as they understand ours. I make no criticisms of France.

Royal Navy

Second Sea Lord (Staff)

32.

asked the Civil Lord of the Admiralty how many are at present employed on the staff and in the office of the Second Sea Lord; and what was the number in 1941.

Unfortunately mo figures are available for 1941. The nearest date for which a reasonably comprehensive figure is available is 1st April, 1946, when there were 679 persons employed in the Departments under the Second Sea Lord's superintendence, excluding naval ratings, for whom no figure is available. At 1st April, 1962, there were 485 persons employed in these Departments, including 66 naval ratings. There were five persons in the Second Sea Lord's personal office on 1st April, 1946, and five persons on 1st April, 1962.

Whilst appreciating what my hon. Friend has done in an effort to try to reduce these figures, may I ask him to bear in mind that my information is that in 1941 this figure was much lower than it is today and that if the reputation of the Royal Navy and the organisation behind it is to be maintained, it is essential that we get the best value for our money? Will he make all the efforts he can to try to ensure that this is achieved?

My noble Friend and I have given a solemn undertaking to this House that we will cut the headquarters staff of the Navy 1 per cent. every year for five years. We shall continue to do this. This area is not one which will be immune from that attention.

Helicopters

33.

asked the Civil Lord of the Admiralty what methods are employed for prevention of deterioration whilst at sea of helicopters installed in frigates and other of Her Majesty's ships.

Manufacturing specifications take account of the special conditions in which these helicopters have to operate. Once in service, they are stowed in snips' hangars when not in use and additional protective measures are employed such as the de-watering oil process, the washing down of the external surfaces with fresh water, and using sprayed lanolin coatings.

Is my hon. Friend aware of the potentialities of a new type of collapsible aluminium hangar which has been developed in this country and which, I understand, is in use in the Royal Canadian Navy?

I was not myself aware of this, but if my hon. and gallant Friend sends me details I should be happy to draw it to the attention of our design authority.

Hm Submarines "Dreadnought" And "Valiant"

34.

asked the Civil Lord of the Admiralty when it is expected that Her Majesty's submarines "Dreadnought" and "Valiant" will become operational with the fleet.

We hope to commission the "Dreadnought" before the end of this year. She will then require extensive triads, so I cannot forecast with any accuracy when in 1963 she will become operational with our fleet.

The "Valiant" was not laid down until this year. Any forecast so long in advance of the date when she will become operational with the fleet would have no real significance.

Is my hon. Friend aware that American nuclear submarines are now being built under the three-shift system, that about sixty are projected and that the latest will be built within a space of two years? Can my hon. Friend tell the House what the Admiralty will do to reduce the appalling time that is taken to build our own nuclear boats?

The Admiralty and Messrs. Vickers are very anxious to speed up this building to the greatest possible extent. There has been an element of two and even three-shift working since the "Dreadnought" was launched in October, 1960. I might add that we hope that some of the unofficial disputes which have taken place may be lessened when the shipwrights and the boiler makers amalgamate and that then we might not have quite the same trouble over demarcation that we have had in the past.

Has any decision been made whether these two submarines are to be followed by other nuclear submarines?

Would my hon. Friend agree that the addition of two hunter-killer submarines is of limited value to our national security, whereas the addition of two Polaris submarines would be of very great value to our national security? Will he look into the matter again?

That is another question. We must, however, get into the business of nuclear propulsion and these submarines will give us valuable experience, both in building and in training and in the operating of these vessels.

On a point of order. Mr. Speaker, you terminated Questions today at 3.29 and 40 seconds—[HON. MEMBERS: "No."]—20 seconds ahead of schedule, thereby depriving me of the opportunity of asking Question No. 35. [An HON. MEMBER: "The clock had struck."] No, the clock had not struck. My right hon. Friend is quite wrong: it had not struck. We were about 20 seconds ahead of schedule. In those circumstances, Mr. Speaker, could I be allowed the opportunity to ask my Question No. 35?

Hon. Members: No.

I regret we were not able to hear the hon. Member asking his Question, but I am afraid that the House has to entrust to me observing and heading what the time is.

Orders Of The Day

PIPE-LINES BILL [Lords]

[2ND ALLOTTED DAY]

Order for Third Reading read.

3.31 p.m.

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

I should like, first, to express my very sincere gratitude, and that of my right hon. Friend, to my hon. Friend the Parliamentary Secretary to the Ministry of Public Building and Works, and, in doing so, to assure him that my gratitude is quite untinged with envy though I am acutely conscious of the fact that by not myself being a member of Standing Committee B I missed a positive feast of oratory; and such opportunities are fortunately, rare, though not all that rare.

When we reached the Report stage of the Bill, yesterday, following upon the protests which had been made by the Opposition, in time-honoured manner, about the imposition of this wicked device, I in my innocence supposed that we would pass as quickly as possible over a number of Amendments and new clauses. In fact, we did cover a great many important points. Nevertheless, a great deal of time was spent by the hon. Gentleman the Member for Ashfield (Mr. Warbey) and others in touching up their well-known, old-fashioned and somewhat melodramatic masterpiece which shows a gallant band of Socialist Members rescuing the unfortunate country from a lot of predatory, rapacious and profit-thirsty oil company villains. All I would say is that we are all so familiar with that masterpiece by now that it has begun to wear a bit tibia, and I hope that the Opposition will find another picture to show us before long.

In commending to the House this undoubtedly desirable piece of legislation —and I should like, in using those words, to acknowledge that they are not my own, but those of the hon. Gentleman the Member for Gloucestershire, West (Mr. Loughlin)—I should like to express the opinion that the differences between the two sides of the Committee and of the House have been, with one major exception, those of method rather than principle. I should like to express, in passing, my personal view that it is rather a pity, when we discuss these very important and highly intricate problems, that we should always convert them into doctrinal mountains. The points with which the debates have been mostly concerned have been those of control, planning, and safety, and I propose very briefly to say a word about each.

I thought that yesterday the Opposition appeared to ignore the very wide powers of control which the Bill confers upon the Minister, and I refer particularly—I do not want to refer to a whole lot of Clauses—to Clause 1 (2), which reads:
"The Minister, on an application for a pipeline construction authorisation, shall have power in his discretion to grant the application or to refuse it."
Really, this, in my opinion, gives the Minister all the powers which could possibly be thought necessary, and moreover, perhaps I should remind the House, under Clause 6 the Minister will have the power, if he thinks it right, to apply the cross-country pipeline procedure to local pipelines as well.

Let me come very briefly to the subject of planning. The word "planning" has now become a missile which we are inclined to throw at one another, meaning different things on different occasions; but it has some sort of magic content of its own which makes reasonable discussions on it sometimes a little difficult. There are two aspects of planning here. First, there is the national view of it, and then there is the local one. So far as the national planning point of view is concerned, I have already mentioned the very wide powers which are conferred upon my right hon. Friend.

The existence of those powers does really make nonsense of the Opposition's suggestion that the network of pipelines, when it comes into being, will be chaotic, unplanned and uncoordinated. The difference between us— and I accept this—is that the Opposition, on the whole, think that planning machinery in detail should be set up now, whereas we very much prefer the course, which we have adopted in the Bill, of tailoring planning machinery according to needs and experience.

So far as local planning is concerned, I was myself particularly struck yesterday at the way in which hon. Members on the other side constantly appeared to ignore the powers, the experience, and, indeed, the abilities of local planning authorities. They did not appear to give them credit for any of the knowledge and experience of local affairs which they must have and which they must be supposed to have.

I should also like to refer to the plea, from which I do not altogether dissent —indeed, I do not dissent from it at all—that in legislation we should seek to make easy the task of local authorities; but equally, I think it right to say that we must and are obliged to look at the public interest as a whole, and this very much includes the competitive power of our industries. If we are to hedge about a new development of this kind with restrictions which, added together, would be extremely costly in delay, we should, I think, be making a great mistake.

I often fed that a habit has grown up today of almost searching for reasons for stopping people doing things, or, at any rate, of conducting into their actions, or their proposed actions, such lengthy inquiries as to render the action which eventually is permitted long out of date and obsolescent. Therefore, our intention in the Bill has been that, while we admit administrative machinery and control to be necessary, it should be so framed as to expedite proceedings rather than cause delay.

It will be recalled that in some recent debates there has been a serious plea made for action; and urgent action, to be taken in areas stricken by unemployment. This plea does not seem to me to be in very full harmony with the suggestion which appeared so frequently yesterday that administrative convenience should have priority over industrial efficiency.

The hon. Gentleman says "Nonsense", but his hon. Friend the Member for Edinburgh, East (Mr. Willis) repeatedly made the point that it is our responsibility to try to make the task of local authorities easy, and very little weight was given to what, to my mind, in the present position of the country, must be of paramount importance, whether we can brush up our economic life so that we are able to compete in a world which gets more competitive day by day.

The third problem was safety. I readily agree with what hon. Members opposite said yesterday—that this is perhaps the most important problem of all. Under the Bill it is clear that every proposal, both cross-country and local, will be looked at thoroughly from this point of view. Indeed, it is largely because of safety considerations that the Government felt justified in suggesting to Parliament that such wide discretionary powers should be conferred upon the Minister. We must remember at all times that here we are dealing not with an old industry, but a quite new development which will inevitably bring with it a series of very new problems.

The Government believe that the Minister should be in a position to get as soon as possible an overall view of the needs and problems as they emerge. The Bill ensures that he will get the maximum experience and knowledge. He will also be free to consult anybody he pleases. Yesterday, the hon. Member for Hayes and Harlington (Mr. Skeffington) sought to write into the Bill a provision to give the Minister the right to consult a number of authorities. We opposed that for the reason that my right hon. Friend already automatically has that right and will most certainly use it. The Bill will undoubtedly face him with many problems, and he will, of course, need to exercise his quite unfettered right to consult anyone who is likely to be able to help.

I said at the beginning that the differences between the two sides of the House are largely those of method rather than principle. I also said that there was one exception, and I will now deal with it. This is the question of ownership. It is only here that we have any fundamental difference between us. As I understand, the Labour Party would like to set up a statutory board which would own and develop the pipeline network. Our position is not a doctrinal one at all. It is very simple.

First, we do not believe that the State is equipped to be a skilful, successful, and enterprising commercial pioneer. Above all, we do not wish to see the already immense demands made by the public sector of our economy further swollen by the need to find the financial resources required for the development of a network of pipelines. In the words of my right hon. Friend on Second Reading, we believe that the users know best their own business. The hon. Member for Ashfield made great play of this in Committee, but I think that he made much too free a paraphrase of those words when he said that private interests know best. Certainly, the hon. Member for Deptford (Sir L. Plummer) did when he said that what is good for Esso is good for Britain.

What we are saying is that the user knows the market best, and knows the likely demand better than anyone else. Therefore, under the Bill the initiative in the first instance, and only in the first instance, is left to him. It is for the potential user to make proposals. To get out of any possible doctrinal difficulties. I remind the House that both the railways and the canals have the right to construct pipelines on their property. After proposals have been made, every conceivable power and discretion that could be necessary is conferred by the Bill upon the State, which will have every opportunity to control and co-ordinate and to ensure safety.

I really believe that our differences are very much slighter than might have appeared in many of the debates in Committee and even slighter than appeared in the Chamber yesterday. I do not want to go into them further at the moment. All I want to do in commending the Bill to the House is to express the hope that the opportunity given by the Bill will be used and developed to the best interests of the nation as a whole.

Many hon. Members wish to speak in the debate, and I have no doubt that many who served on Standing Committee B wish to take the opportunity of paying glowing tributes to my right hon. Friend who has handled the Measure, and I am very glad now to extend to them the opportunity to do so.

3.47 p.m.

I have two preliminary comments to make on the speech of the Parliamentary Secre- tary. First, he did not utter the traditional platitude that Ministers at this juncture apply to Members on both sides of the House for the contributions that they have made to the improvement of the Bill. For that, I am grateful. Secondly, in the sixteen minutes that the hon. Member devoted to his Second Reading speech he overlooked the need for the Minister to say something about what is in the Bill in commending it for Third Reading. What he did was to go over all the ground that we went over in discussing Amendments which the Minister rejected. I cannot express the same gratitude to the Minister for having omitted to tell us what is in the Bill when commending it for Third Reading.

The hon. Gentleman said that the differences between the two sides of the House after we had got over our doctrinal arguments were related to method rather than principle. Many of the issues have been of very great importance and upon them there would probably be a very long argument about whether we were discussing method or principle. In any case, they have been arguments of very great importance to which the right hon. Gentleman appeared to pay very little attention.

The hon. Gentleman also said that the Opposition had complained at very great length about the inadequacy of the powers given to the Minister. He should read the report of the discussions. No one has ever complained that the Minister was not taking enough power. The complaint all along has been that he has been taking so much power to himself and giving so little to Parliament. The Minister has all the power in the world, but he has not made adequate provision in the Bill for his accountability to Parliament for his misdeeds. That is the complaint, and I regret very much that, after all the discussions, the Parliamentary Secretary seems to be unaware of it. The hon. Gentleman went on to say that the Opposition's ideas about the way in which pipelines should be constructed and operated were old fashioned and out of date and had been rejected.

I said that what was old-fashioned and out of date was this masterpiece which every now and then right hon. and hon. Members opposite come back to—that of painting the picture of the pure, innocent maiden, representing the country and the Government, being rescued by a gallant band of Socialist M.P.s. This picture belies the facts.

But masterpieces do not get out of date. Unlike Ministers and Governments, they live for ever. The hon. Gentleman said that the State is not equipped to be a skilled, efficient, commercial pioneer, and that pipeline development was new ground. It is not quite as new as that. The State broke this ground during the war when it built 1,200 miles of product pipelines in Britain, from which some of the oil companies are deriving very considerable benefit. It was not private enterprise which broke the new ground originally; it was the State.

Her Majesty's present advisers still take the view that in the most important works of modern society the job should be undertaken not by the State, but by private enterprise. But what about atomic energy development? Would that have been done by private enterprise? Earlier today, the Civil Lord of the Admiralty was telling us about nuclear propulsion in ships. That is being done under the leadership of the Admiralty. Were our nuclear power stations built by private enterprise or by dull, unimaginative unpatriotic people appointed by the Minister of Power to rum the electricity supply industry?

The Minister himself said something similar about the Government and private enterprise at an earlier sitting. I took the OFFICIAL REPORT containing that reference and showed it to some of those he has appointed to run the electricity supply industry. I am prevented from telling the House what they said in reply, for it would be rather unparlimentary language.

The Parliamentary Secretary began by telling us about the effect of the guillotine Motion and his disappointment that we ware not able to have full discussion yesterday on all the new Amendments and new Clauses. No doubt he had in mind particularly Amendments and new clauses put down by the Minister. As this is our last discussion before the Bill goes back to another place, with all the changes made in it by the Minister, we might bear in mind that 28 Clauses have never been discussed at all. Not a word was said about them in Standing Committee or on Report. Nearly 100 Amendments were made by the Minister with no opportunity of discussion or explanation of their purpose.

Then there are six very important Schedules, containing provision as to what has to be done when an application is made for pipeline construction authorisation and a great deal of the procedure connected with compulsory acquisition of other people's land and with compulsory rights over other peoples land. But we have never debated a single word of any of those Schedules.

The Leader of the House will perhaps note that when the beloved Guillotine fell at 10.30 last night, there were still 40 Government Amendments on the Notice Paper. They had been tabled over the weekend by the Minister of Power, but they were all put without any discussion at all and without even an opportunity for the right hon. Gentleman to explain their purposes. Because of the Guillotine, hon. Members on both sides of the House were disabled from putting forward Amendments which they thought would improve the Bill.

If noble Lords give the Amendments made in this House the same consideration as they gave to the Bill when it was first before them, it will still not be possible for the Government to get the Bill this Session. The Bill has been greatly changed, not as a result of discussion in the House of Commons but as a result of second and third thoughts by the right hon. Gentleman, very largely under pressure from the Country Landowners' Association and, in some parts, especially in respect of Clauses 9 and 10, by the oil companies who were not very pleased with some improvements made in the Bill in another place.

This is a bad Bill, a wicked Bill. Parliament has been tricked, and I regret to say that I think that it has been tricked deliberately by the right hon. Gentleman. All this started with the Report of the Select Committee on the Esso Petroleum Company Bill. That Committee reported to the House the need for general legislation governing the laying of pipelines with proper Parliamentary control.

After the House received the Select Committee's recommendation, we decided not to proceed with further Private Bills on this subject. We declined to give a Second Reading to the Trunk Pipelines Bill in the spring of last year.

Order. I am sorry to interrupt the hon. Gentleman now, but I wanted to consult for a moment. I must require him to withdraw the phrase "tricked deliberately by the right hon. Gentleman".

On a point of order, Mr. Speaker. Does that mean that, by your Ruling, those words are expunged from the record?

We do not need to make a fuss about this. The hon. Member for Hamilton (Mr. T. Fraser), in compliance with my request, has withdrawn the words, and the matter is closed.

The point I am trying to make is that when the Select Committee's Report was accepted unanimously by this House, certain promises were made by the right hon. Gentleman. These were that he accepted the Report, that he would have pipeline development according to a proper balance and pattern, and that there would be adequate Parliamentary control. Yet this Bill makes no provision for any of these things. It did not do so when he introduced it, and it still does not do so. That is why I seek to convey to hon. Members on both sides of the House that the person we must blame for that is the right hon. Gentleman.

The right hon. Gentleman has given himself very great powers but has allowed Parliament the absolute minimum of control. We shall only be able to query the Minister's decision when we learn that he has either granted a pipeline construction authorisation or refused one. Only then shall we be able to ask Questions about it, after the event and then only if we get to know from some outside source that a decision has been made, because the Minister will not be obliged to inform us that he has made a decision. The Parliamentary Secretary appreciates how important it is to got these pipelines laid in the right place, but the Minister has not given himself the power to say where they will be put down, when they will be put down, which applications he has approved, and which he has refused. The right hon. Gentleman has, however, given himself power to convey public utility powers on private persons to exploit those powers for personal gain. I may be an innocent, but I had always assumed that when Parliament granted public utility powers it reserved them to public utilities.

It may be old-fashioned, but a principle is involved. If we grant a person rights over other people's property, he should be accountable to the public. Furthermore, we should take steps to ensure that he does act in the public interest. But under the Bill these tremendous public utility powers are to be granted to private persons at the whim of the Minister and without any Parliamentary control. This is what makes this a bad Bill, and I should have thought that this point would have been readily accepted by Members on both sides of the House.

As I hinted a moment ago, noble Lords in another place put into the Bill what are now Clauses 9 and 10 to give the Minister power to require the optimum use of pipelines by companies other than the owners of the pipelines, to avoid the unnecessary construction of other pipelines, or, as the Minister put it, to avoid the construction of a proliferation of pipelines. But the Minister has so hedged round these new Clauses with protective provisions for the owners of the pipelines that his powers to ensure that that happens are practically worthless.

By the time one has read to the end of the Clause, one has gone full circle. There is so much protection for the owners of pipelines that if the Minister honours the provisions of the Bill in the interests of the owners he will never allow any other company to use the pipelines. This is the effect of his succumbing to the blandishments of the oil companies after the Bill had gone through another place.

The Minister has made many Amendments to the Bill to protect the landowning interests, presumably, as I said, at the request of the Country Landowners' Association, but he has made no concessions to the public interest as represented by the local authorities. If the new Clauses in the name of my hon. Friend the Member for Hayes and Harlington (Mr. Skeffington) had not been considered, we should not have been able to discuss any interests which local authorities might have in the Bill because all the Clauses dealing with their interests were subjected to the Guillotine, and we were not able to discuss them or the proposed Amendments to them.

The position, therefore, is that the land-owning interests in the countryside have had their interests protected, but the land-owning interests in the urban areas have not been afforded any protection at all. Land-owners, property owners and the occupiers of houses, offices, and shops in towns and villages who might have had their interests protected by the local authorities have not been afforded the opportunity of having their interests properly discussed, and no concessions have been made to their representations.

Under great pressure in both Houses of Parliament, the right hon. Gentleman has incorporated in the Bill powers to make safety regulations, but he has made it clear that he has no intention in the foreseeable future of exercising these powers. I had intended to quote what the Minister said yesterday, but in the interests of time, and because a number of other hon. Members wish to take part in the debate, I shall not do so. I do not think that I have misrepresented his intentions.

The right hon. Gentleman has no intention in the foreseeable future of exercising the powers in the new Clause which he reluctantly agreed to write into the Bill. He proposes both now and in the future to rely on the powers under Clause 20 to impose requirements on individual pipeline owners.

Who will advise the Minister when he is considering what safety requirements to impose by notice under Clause 20? His advisers are limited to six technical men in the petroleum division of his Department, all of whom are pensioners of the two biggest oil companies in this country. These are the people who will have discussions with the oil companies, both large and small, to decide what safety regulations should be imposed. Company A will not know what requirement is to be imposed on Company B. Local authorities will not know what safety requirements are to be imposed on those who propose to construct pipelines over their land and under their streets. People who may suffer injury from accidents due to the installation of these pipelines will not know what safety conditions have been imposed, because the Minister has decided that he will not in the foreseeable future lay down any safety regulations.

This does not lead us on this side of the House to regard this as a good Bill, and in this respect I remind the hon. Gentleman that all hon. Members who spoke on the safety aspect expressed views contrary to his. Hon. Members on both sides stressed the need for safety regulations from the beginning, not just a power for the Minister to make these regulations at his discretion at some time in the unforeseeable future.

The Minister has rightly provided that a compulsory rights order shall give no right of support by sterilising the minerals under the pipeline. This was raised by the hon. Member for Harborough (Mr. Farr), and I think that it was right to make this provision. There will be protection for those engaged in the extraction of minerals of all kinds—sand, gravel, limestone, and brimstone—but there will be no protection for those engaged in the extraction of the one mineral owned by the nation, the one for which the Minister is supposedly responsible, the one which is in competition with oil as a fuel. I am, of course, referring to those engaged in the extraction of coal.

The shoe is on the other foot. If the extraction of coal more efficiently— which is what the Minister ought to want —leads to subsidence causing a break in a pipeline, it is the National Coal Board who will foot the bill. But if the extraction of sand or gravel or any other mineral causes a fracture in a pipeline, the person who will be held responsible is the pipeline owner. He will have to make good the damage and may be involved in the payment of damage to many people, notwithstanding that the pipeline was fractured by the extraction of minerals from underneath it. That is the way in which the Government treat minerals which are privately owned and those which are publicly owned, and yet the Minister still expects us to regard the Bill as worthy of Parliament's approval.

We have no confidence that the Minister will administer the Bill in the public interest. Whatever we think of him personally, he has not made any provision to bind his successors. My experience of him during the passage of the Bill makes it impossible for me to say that I trust him to administer the Bill in the public interest. Whatever hon. Members on either side of the House may think of the Minister personally, I repeat that he has not made any provision in the Bill to bind any of his successors to administer the Bill in the public interest.

Monopoly powers are about to be granted to large companies to supply oil and oil products to certain areas. That cannot be denied. But we shall not have a proliferation of pipelines into one area, such as London Airport, and we will not have a proliferation of pipelines from different refineries to one centre. The Minister will grant his pipeline construction authorisations to oil companies who will have virtually monopoly rights for the supply of oil and oil products to particular parts of the country. What the Parliamentary Secretary said about those parts of the country where there are pockets of unemployment could not have been more irrelevant, for the right hon. Gentleman has made it clear that those are the areas to which no pipelines will be laid.

I do not know what was the relevance of that remark.

The Parliamentary Secretary seems to think that there is an inconsistency between our saying that the rights of local authorities should be properly protected and our saying at the same time that the Government should take urgent steps to get on with the provision of employment in those parts of the country where there is a great shortage of employment. The only deduction which we can make from that is that the Government Should hurry on with the Bill and get the pipelines constructed so as to find it easier to deal with unemployment.

All I wished to suggest was that there was disharmony between the very strong and perfectly reasonable plea that the Government should get on with the job of promoting efficient, prosperous and virile industry in the North-East, and in another context, the suggestion that industry should be hemmed in with restrictions which would impose all kinds of unnecessary and expensive delays.

The only way in which the North-East and Scotland will be affected by the Bill is that the conveyance of oil and oil products into London and the Midlands will be made cheaper by the use of this form of transport, which will increase the attraction to industry of the Midlands and the London area, thus making it more difficult for the Government to steer industry into those parts of the country where there is unemployment. The hon. Gentleman must not think that the holding up of the Bill would be a bad thing for Scotland, or the North-East, or the South-West, or any other area where there is unemployment. One of the reasons why we wanted pipelines to develop according to a proper plan and pattern was that, through their various agencies, the Government might have been able to use that development to make those parts of the country where there is unemployment as attractive to industry as those areas where there is no unemployment, so that we might have some social planning in future where there has been none in the past.

The Parliamentary Secretary said that the railways and canals had power to construct pipelines on their own land. How generous! Does he think that the oil companies would be willing to have their products conveyed by the railways or canal authorities in pipelines constructed alongside the railway tracks and canals when they could readily get authorisations from the right hon. Gentleman to put down their own pipelines elsewhere and thereby gain a virtual monopoly of supply to the area to which their own pipeline is directed?

At a time when the Government are expressing concern about the financial difficulties of public transport services, it is a tragedy that the Minister has not made any provision for consultation with them in the consideration of applications for pipeline construction authorisation. The commodities to be conveyed by these pipelines are now conveyed by tanker on the railways, on the roads, on canals, or even on the rivers, and mostly by public transport. The least we might have expected from the Minister is that he would agree to have consultations with those authorities before deciding to take business from them.

At this stage of our proceedings, we are somewhat inhibited from discussing the Opposition's constructive alternative proposals, but we can and will register our most emphatic protest against what is contained in the Bill and the way in which it has been put through Parliament.

4.18 p.m.

I was one of those hon. Members fortunate enough to serve on the Standing Committee which discussed the Bill It was about the fourth Standing Committee on which I had served and for the first time I had my eyes opened to what the Opposition's time-wasting tactics could accomplish. For many sittings, I think sixteen, varying in length from 2½ hours to nearly 12, the Opposition took every possible step to waste the Committee's time.

On a point of order. Is it in order for an hon. Member so to criticize the Chairman of a Standing Committee as to imply that the Opposition were allowed deliberately to waste the time of the Committee?

I am bound to say that it was passing through my mind that on the Third Reading debate one should limit discussion to what is in the Bill. I am sure that the hon. Member will do that.

That is what I was going to do, Mr. Deputy-Speaker, but I was pointing out that many hours were spent on Opposition trivia.

There were 27 sittings of the Committee altogether, and I should like to take this early opportunity of congratulating my right hon. Friend on the patience and courtesy which he extended to hon. Members on both sides of the Committee in steering through this contentious Bill. While it was an involved and contentious Bill when it arrived in Committee, it was very much more involved and contentious when it left the Committee, especially after the addition of numerous Government Amendments, which I feel, although perhaps I am not qualified to say so, made a difficult task even more difficult. There were stages in the Bill when it was very difficult indeed to follow exactly what was being discussed.

I should like to refer to one point which I consider of major importance, but which, however, was discussed in Committee on only one occasion. This point was raised by my hon. Friend the Member for Totnes (Mr. Mawby) during the ninth sitting of the Committee. He was the only hon. Member on either side to speak on it, and after the then Parliamentary Secretary had replied he withdrew his Amendment. I think that I am right in saying that hon. Members on both sides assumed, when we were discussing a pipeline, or a network of pipelines, and were struggling to find a definition of a pipeline, that all these pipelines were to be placed underground. Indeed, much of our argument was centred on whether one pipeline or a number of pipelines going into one trench formed one pipeline or a system or network of pipelines.

Nearly all hon. Members of the Committee assumed that the pipeline system when it was laid would, naturally, go underground. We struggled as much as we could, and the hon. Member for Edinburgh, East (Mr. Willis) struggled with the rest of us, to visualise a big network of pipelines stretching from Edinburgh, perhaps, to Leicestershire, and I think he will agree that we always assumed that these pipelines would be underground and, therefore, invisible. I should like to ask my right hon. Friend whether we are sure that these pipelines will be underground. During the discussion of the Amendment moved by my hon. Friend the Member for Tones, the then Parliamentary Secretary said that he would look into the point and see whether he could include it in the Bill when it was brought before the House today.

I well remember in 1959, about one month after I came into this House, a debate on town and country planning. I well remember an hon. Member on this side, a revered Member with many years' Parliamentary experience, saying that, in many cases, electricity pylons added to the beauty of the countryside. Hon. Members may be surprised that not one hon. Member present on that day questioned that statement. Not one expressed surprise. Indeed, it seemed to be completely accepted.

I suggest that we must remember that there will be the temptation on the part of pipeline operators, both from the point of view of expense and easy inspection, to place their pipelines on the surface of the ground. There is a temptation there, and, as I read the Bill, there is nothing in the Bill providing that they shall not.

May I endeavour to help my hon. Friend on this point? He will find that, at the end of Clause 42, it is provided that the Minister

"shall have particular regard to the desirability of ensuring that things constructed in the course of the execution of the proposed works are kept below ground so far as that is practicable."
I think that that will achieve the objective which my hon. Friend has in mind.

I am much obliged for my right hon. Friend's intervention. I had noted that particular provision. While I hesitate to go on, because I do not want to get out of order, I was endeavouring to suggest that that phraseology was not strong enough.

I feel that pipeline operators are not concerned with the beauties of the countryside. If the pipelines can be placed on the surface, for easy examination, pipeline operators will not always be concerned whether there is an added danger to people passing by if there is a leak or an explosion—an added danger which would not, perhaps, be so serious if the pipeline were buried underground.

It is in the hope that, in a few years' time, hon. Members on both sides of the House will not have lived to see a spider's web of electricity pylons all over Britain, while below them is an iron girdle of surface pipelines, that I have raised this point. Nevertheless, I have great pleasure in adding my support to that given to my right hon. Friend the Minister and the late Parliamentary Secretary—[Laughter.]—I mean my hon. Friend the Member for Sutton and Cheam (Mr. Sharpies), who is very much alive.

4.26 p.m.

I would agree with the hon. Member for Harborough (Mr. Farr) about the undesirability of the countryside being covered by a network of pipelines, over which may be superimposed, presumably, a grid of electricity cables, but that is about the only thing on which I did agree with him. I can hardly agree with his commendation of the Bill.

I was particularly interested in the speech of the Parliamentary Secretary, and in the delightful picture which he conjured up of the Opposition always rushing into this battle on the side of the British public, as against the vested interests of big companies, in this case the big oil companies. The hon. Gentleman did not enjoy the privilege of serving on the Standing Committee, but he must have been asleep yesterday, or he would have been aware of the delightful picture of his right hon. Friend, as a sort of modern St. George, out to slay the dragon of planning. In fact, he went so far as to say that the new secret weapon of the Opposition was planning. I hope that he will convey that idea to the Prime Minister, who, apparently, must also be aware of this secret weapon, and seems to be attracted by it at present. I am quite sure that the Prime Minister would think that the views of the right hon. Gentleman are slightly heterodox.

This is a unique Bill. It has the unique Parliamentary distinctions of being, as far as I know, the fifth Bill to be guillotined this Session. In that respect, the right hon Gentleman has set up a new record for entry in the "Parliamentary Whittaker". Probably more of this Bill has been undiscussed than almost any other Bill subjected to the Guillotine. As my hon. Friend the Member for Hamilton (Mr. T. Fraser) has pointed out, this has meant that large sections of the Bill were not discussed at all, in spite of the fact that they were exceedingly important. It is too late now to start discussing them, so I will say why I think that this is a bad Bill.

It is bad, in the first place, because it does nothing to ensure that we will have an orderly development of pipelines. We shall certainly get pipelines; the Parliamentary Secretary is very anxious to ensure that. He will see that they are driven across the countryside and that we shall have them whenever they are wanted, as quickly as possible, so as not to delay the profit-making of Esso, Shell and the rest of the oil companies. That is apparently his purpose in life. He has come to the Ministry with that great fixed ambition in his mind. We shall see what happens. There is no guarantee that we shall have an orderly development of pipelines.

Not only that: the Bill will not even ensure that we get a system of pipelines which will serve the interests of the nation as a whole. The Parliamentary Secretary raises his eyebrows, but I cannot see these pipelines serving Scotland or the North-East. The Bill does nothing to ensure that, although such a service might prove to be very important in reducing costs and making production more efficient and competitive, thereby making the prospects of industrial development more likely.

We shall not see that under the Bill. All that the Bill does is to serve the profit-making capacity of the big oil companies. The Parliamentary Secretary appears to think that that is a delightful picture. That is exactly what the Bill does. It might be unpleasant to remind Mm of it, but that is the fact, whether he likes it or not. That is one reason why the Bill is a bad one.

Secondly, it gives to private people powers which I do not think are given to them in any other Measure. It gives them power to plough up other people's land in order to lay pipelines. Admittedly, they have to obtain permission from the Minister, or power to acquire through him, but I know of no other Measure which contains such powers and they are tremendous powers to give to private companies. The fact that the powers given by the Bill are so tremendous, and have never been given to people other than public authorities and public utilities, causes us to take the view that the responsibility for the construction of these pipelines should have been given to a public authority or a public utility. That is another reason why I regard the Bill as a bad one, and cannot see my way to support it.

Thirdly, the Bill makes little attempt to meet the wishes of local authorities and to offer protection to the people within areas about which local authorities are concerned. As far as I know, no consultation has been held with local authorities—at least, Scottish local authorities. I do not think that the right hon. Gentleman regarded it as worth while to consult the Counties of Cities, in Scotland, or the County Councils' Association—bodies which are vitally affected by the Bill.

When my hon. Friend the Member for Hayes and Harlington (Mr. Skeffington) spoke of the fears of local authorities-large authorities like the London County Council and other county councils in England—he received very short shrift. None of the Amendments which local authorities wanted was accepted. They are still seriously concerned about the effect of the Bill. They feel that the Minister has failed to take the necessary precautions to provide adequate safety arrangements for people and property in the vicinity of pipelines.

It is a serious condemnation of the Minister and the Bill that nothing has been done to take account of the interests of local authorities. They are very important bodies. The Tory Party is always telling us that it wants to strengthen local authorities, and that it believes in vigorous local government, but at the same time it has a stranglehold on local government and is gradually choking it to death.

All the Bill does is to provide a streamlined, cheap method for large private companies to obtain permission to lay pipelines. Since we were dealing with this subject for the first time in general legislation, we should have taken a much wider view. We should have done much more than has been done. That is another reason why I cannot support the Bill.

I will repeat my main reasons for opposing the Bill. First, it does not provide for an efficient and proper system of pipelines. Secondly, it places in the bands of private companies immense powers over property and private citizens—powers which are possessed by no other private people; thirdly, it completely ignores the wishes of large and responsible local authorities. That is why we regard the Bill as a bad one, and that is why I shall take pleasure in joining my hon. Friends in the Lobby to vote against it at the end of the debate.

Will the hon. Member be kind enough to tell me whether or not he agrees that his opposition to the Bill really arises from the fact that he feels that this new method of transport should be nationalised?

There are a number of reasons why I believe that pipelines should be placed under the control of a public authority. I have already given one. I do not like these immense powers over private property and private persons to be given to private companies. If these powers have to be given to somebody they should be given to public bodies which are accountable to this House, so that we can have a proper development, and a plan of production. That is an important reason.

Equally important is the necessity for creating a proper service, and the fact that if we are to have an additional transport system it ought to be integrated in a manner which avoids wasting our valuable resources. We cannot afford wastage. I should have thought that the hon. Member would have come some way to meet us. We are struggling for a living in the world, and we shall be struggling for many more years. We shall win that struggle only if we use our resources—our manpower, ingenuity and technical skills—not in a wasteful but in an efficient manner. Efficiency in transport means the avoidance of wasteful overlapping of three or four systems. It means the creation of a co-ordinated system, in order to make the most effective use of a particular form of transport.

4.40 p.m.

I always appreciate the speeches of the hon. Member for Edinburgh, East (Mr. Willis) and today he has spoken at considerable length, although I do not think that his remarks contained anything very significant. The hon. Member would like a number of pipelines from England to Scotland. That would be part of his scheme for the planned economic use of pipelines. We should bear in mind that, first, a pipeline must be economic to operate. There must be a reason for its construction and I fear that, were the British Transport Commission or its successor, the Railways Board, to formulate its policy on the lines indicated by the hon. Member for Edinburgh, East, there would be every reason for the organisation to go "into the red".

A pipeline would not be built unless it were competitive with other systems of transportation, including roads, canals and coastal shipping. It is also necessary to calculate whether there is a sufficiently large market to be served by a pipeline, and it would be necessary to ensure that the line would be worked to its full capacity. If we considered building pipelines into Scotland simply because that operation would fit in with the figments of the imagination of the hon. Member for Edinburgh, East, it would have the effect of imposing a liability on the sort of State corporation which the hon. Gentleman has in mind. I do not think that that idea was in the mind of my right hon. Friend when, in the Bill, he introduced a system of public regulation, which, of course, we all support. It has been mentioned by the hon. Member for Hamilton (Mr. T. Fraser)—and I regret it that there are—

Is the hon. Gentleman aware that Scotland has far more of existing pipelines than might be considered her share according to the population?

I am aware that in Scotland there is the Grangemouth pipeline for crude oil—

That is between—I hope that the hon. Member for Edinburgh, East, is not leaving the Chamber. I have some more important remarks to make about his speech.

I am now dealing with the hon. Member for Hamilton, who has indicated that in Scotland there is the Grange-mouth—

Does not the hon. Gentleman know that the Government built pipelines in Scotland during the war and that they are still in use? The only addition is the crude oil pipeline from Finart to Grangemouth.

The hon. Member was, I thought, referring to the pipelines built during the war in an area comprising a quadrangle inside the United Kingdom. These were devised for wartime purposes. If we consider the United Kingdom generally, the pipelines now being constructed—not for war purposes, because the war has passed—are being constructed in line with the programmes outlined by the oil companies—

—the chemical companies, the china clay companies and many other interested bodies.

If there is anything for which my right hon. Friend should be rebuked it is that the Bill is too comprehensive. The hon. Member for Hamilton maintained that this was a bad, and indeed a wicked Bill, because its provisions did not go far enough in certain directions. I maintain that it goes too far. Had my right hon. Friend taken account of experiences in Europe, which were pointed out to him ad nauseam during the Committee stage proceedings, he might have limited the provisions in this Bill to pipelines conveying hydro-carbon oils and certain chemical products. Had that been done, I think that many of the complexities with which we are now faced would not have arisen.

The trouble, in my opinion, is that my right hon. Friend is formulating proposals for the future use of pipelines, which is something that at this time cannot be clearly envisaged. At some time in the future it may be possible to convey capsules containing parcels or letters by means of pressure exerted by a flood of water to push them along. It might be conceivable that in this country we should do what is done in Yugoslavia, where pipelines made of a sort of plastic are used to convey milk over a distance of miles. It might be possible to construct pipelines for the conveyance of non-ferrous metal in the form of a slurry. It is conceivable that, under the auspices of the National Coal Board, granulated coal might be conveyed by pipeline. These are some of the things which we may look forward to witnessing in the future.

Is the hon. Gentleman aware that the people of Yugoslavia like their milk sour? If so, is he suggesting that our people would like their milk sour?

I am not suggesting that at all. The Yugoslavs may like their milk sour. I have not had the experience, as the hon. and learned Member for Brigg (Mr. E. L. Mallalieu) has had, of going to Yugoslavia and seeing these pipelines in operation. But I should imagine that when the milk emerges from the pipeline it is probably as fresh and healthy as any milk which we have in the United Kingdom.

I was trying to indicate the general coverage of the provisions in the Bill which could apply to pipelines conveying anything provided that it was not gas or water. One of the fallacies of hon. Members opposite is to think in terms of an integrated system of transportation. That policy, carried to its logical conclusion, would include the gas trunk pipelines and the water mains. That, however, is not accepted by the hon. Member for Hamilton. Such pipelines are especially exempted from the provisions in the Bill.

Apparently the hon. Member for Edinburgh, East is leaving the Chamber. Later in my speech I should like to return to his remarks, although I do not wish to detain him in the Chamber for any length of time.

During the Committee stage—this point has been dealt with by the hon. Member for Hamilton—there were 28 Clauses in the Bill and five Schedules which were not discussed, largely because of the extensive amount of time occupied by remarks from the hon. Member for Edinburgh, East.

On the last day on which the Committee sat, during the morning sitting, we dealt with the question of deer and grouse in Scotland, and that was largely at the instigation of hon. Members opposite. Only during the afternoon sitting did we move on to the serious matter of the new Clauses.

May I come back to the important point of whether we are to have an integrated system of transport in relation to pipelines? When there is a pipeline conveying oil between the refinery and the market, its operation is integrated with the operations of the refinery and the market, and the distribution of petroleum products. Why should there be inserted a third party, the Railways Board, between the refinery and the market? Any profit would probably be absorbed by the transport system, whereas if any profit is to be made, it would be utilised to reduce the price of the commodity sold to the public.

Another thing which would have to be borne in mind, if we had this type of service, is that someone must provide the money for the Railways Board to invest in the first instance in the construction of pipelines. That is not the intention. We are saying that pipeline companies which wish to build pipelines must raise the risk capital themselves, or obtain it by ploughing back profits into the undertaking, so that the expense does not fall upon the taxpayers. I think, therefore, that we may ignore the suggestions from hon. Members opposite about such a transport system.

I am certain that the hon. Member for Edinburgh, East is now proposing to leave the Chamber. I have, however, many important matters to discuss. The hon. Gentleman is rather reluctant—

The only thing which keeps me in the Chamber, Mr. Deputy-Speaker, is the hope that an hon. Member opposite will actually mention the provisions contained in this Bill and relate them to the Third Reading debate. Can you tell me, Mr. Deputy-Speaker, whether the hon. Member for Willesden, East (Mr. Skeet) has strayed into the path of order during the Whole time he has been speaking? He has mot mentioned anything about the Bill and there is a strict limitation imposed upon a Third Reading speech.

The Bill covers about 65 pages, and I took it that the hon. Member for Willesden, East (Mr. Skeet) was referring to something contained within those pages.

I am most grateful to you, Mr. Deputy-Speaker. There are 69 Clauses and five Schedules. I am dealing with the extremely important matters which are referred to in the Bill, and I am telling my right hon. Friend how wise he was to have constructed the Bill in this form.

When dealing with oil companies and other enterprises which are concerned about this matter—I think that hon. Members will concede that the people who will be largely concerned in future with the laying of pipelines will be the oil industry, the chemical industry, the china clay industry and like enterprises —my right hon. Friend has included provisions in Clauses 9 and 10 relating to the sharing of lines, so as to avoid the construction of too many installations throughout the country. There the Minister has been particularly wise.

I pay tribute to the work done in another place in providing the foundation for these Clauses. In Committee upstairs, we were able to improve them still further. We have not fallen into the difficulty experienced in the United States of America of having common carrier status which have proved a failure. On the other hand, we have not fallen into some of the difficulties under the French system. We have a system in which there are operating companies and if they have spare capacity application can be made either at the inception or later for a third party to come in and use it.

I do not think that anyone would complain of this provision. It is fair and democratic and I think that it would dispense entirely with the suggestion put forward by the hon. Member for Hamilton that it will build up a monopoly for any one firm or operating company. That is not to say that in this field we have small undertakings. As I mentioned in Committee, although there may be small enterprises in the United Kingdom, abroad their parents are very large establishments.

Will the hon. Member take it from me that B.P. and Esso have assured me that the volume of petroleum products which they take by pipeline now to London Airport could not have been taken there by any other means, which means that no other oil company could possibly enter that market? Is that not a monopoly?

That may well be so, but we are considering a number of markets. The hon. Member has considered only one, London Airport, but there is an enormous potential market which has been growing in the Midlands. It may be that several pipelines will be constructed there. It may be that some of the smaller enterprises in the United Kingdom may be able to participate in those developments. Monopoly is not being encouraged.

Although I say that the Bill has been improved in Committee, I very much regret that many of its Clauses have not been adequately considered. That certainly was not the fault of hon. Members on this side of the House. We had extremely long sittings in the Committee upstairs.

In spite of the Guillotine we were able to give a certain coverage to the Bill which otherwise we would never have achieved. We find, reluctantly, that the Land Powers (Defence) Act, 1958, its not incorporated in the Bill. This is a comprehensive piece of legislation and it has been left outside. It is simply referred to in Clause 61. I should have thought that the Government would have included it.

I should have thought, also, that in tidying up matters some suitable definition could be found for gas which is utilised industrially or in households so that some modification could have been made in the Bill to Section 52 of the Gas Act, 1948. I pointed out to my night hon. Friend in Committee that it would appear that the gas industry has a veto over certain pipelines and could make a charge. It would have been very much better if the whole matter could have been regulated by this Bill.

Another matter of great concern to me has been the question of mining facilities which have not been fully implemented and included. The Mines (Working Facilities and Support) Act, 1923, has been excluded by a Clause of the Bill. This is time-honoured machinery and in the past applications have been made to the courts for way leaves for pipelines and other facilities. Why these things have not been included in the Bill I cannot understand. All in all, we can say that many of the Clauses which have been brought in have led to an improvement and although it is not in exactly the form I should like to see, I think that we can say that it is generally acceptable to us.

Clause 40 deals with rating and I think that it establishes a precedent. I do not want to speak for too long on that, because I had an opportunity of covering it in Committee, but I think the precedent is rather dangerous. If the Crown is defeated in the courts on any particular case it can simply come to this House with any Bill and have the facility rated. So we find Clause 40 inserted for the rating of main pipelines. It is, of course, acknowledged that if, on the other hand, the assets of an industry are rated by the courts the Crown does not come with a Bill to see that they are derated. These are difficulties. I have suggested to my right hon. Friend that the proper way of dealing with the matter would be to have a proper rating Bill at the appropriate time when all these matters could be considered together.

Under the Private Bill procedure, although there are many difficulties for outside operators they are persuaded to include a number of additional Clauses. In certain circumstances the pipeline promoter will get more out of this Bill than he would do under Private Bill procedure. For example, under Private Bill procedure he would have to subscribe to the mining code, while under this Bill he is not subject to it. Under Private Bill procedure in certain Bills which have passed through this Chamber he would have had to put up £250,000 to insure in the event of accident. He would have to do that under a Private Bill possibly by agreement, but under this Bill he does not have to do it.

There are difficulties, and although my right hon. Friend has tried to tidy up the provisions he has, nevertheless, created certain difficulties which we on this side of the House cannot overlook. The hon. Member for Hamilton referred to certain powers given to my right hon. Friend. He has been given a number of blank cheques. He has been given power under Clause 20 to give notice to ensure the safety of these lines. We assume that at a later date, and not too far distant, he will be able to lay down suitable regulations—the earlier the better—for the industries concerned. We assume, also, that for the classification of areas to which Clauses 1 and 2 will not apply my right hon. Friend will give due consideration to the interests of the industries concerned—the china clay and brine industries—which are confined in small areas. The cement industry may also be considered. Although my right hon. Friend has taken these powers, there is no undertaking on his part. He will not do more than give an assurance that they will be occasionally implemented. The powers exist and may be exercised; we hope they will be.

Hon. Members will be glad that this day has arrived. We have had over 20 long sittings and as many as 120 Divisions. We hope that when the Bill goes to another place it will receive further scrutiny and that when it goes on to the Statute Book it will be worked by my right hon. Friend in the way in which it is intended. Anything he might have said upstairs in Committee will not help the courts in construing its provisions because all the courts can do is to construe the letter of the law in an Act of Parliament and no reference can be made to debates in this House. I hope that we shall not have to come back to the Chamber with further Amendments for some time.

There are adequate provisions for safety in the Bill, and every effort has been made to ensure that the public are adequately safeguarded if there is a breach or a leak in the line, although these pipes do not easily break. Nor do they easily corrode, because of cathodic protection. Experience in Europe shows that there have been very few instances of trouble of this nature, and many problems are academic.

5.1 p.m.

The Third Reading of a Bill, especially when the Bill has been considered in another place, is frequently an occasion for re- joicing and a kind of pre-natal, joyful ceremony for a mew and worth-while Statute to be put on the Statute Book. This, however, is an occasion for a general funeral ceremony, because in agreeing to this Bill we are burying the Bill which we might have had. I can say no more about the Bill which we might have had except to shed a tear for it in passing.

I am glad to make my next comment when my hon. Friend the Member for Gloucestershire, West (Mr. Loughlin) has been able to rejoin us. We are very glad to see him back. The Parliamentary Secretary quoted my hon. Friend as saying that this is a desirable Bill. It is indeed, but of all the desirable Bills we have ever had in the House this must be the worst. It could have been a very good Bill. It could have been an agreed Measure. Leaving aside the basic controversy of public ownership—and we could have left it aside after fighting out the general principle—we could still have constructed a Measure which would at least have carried out the Government's original avowed intentions about pipeline development.

We could have constructed a Bill which would have ensured that there was public control of the development of pipelines transportation in an orderly fashion in the public interest. We have not done that, and the Bill is nothing like that at all. It is not like it, first, because the Minister has refused virtually all co-operation from the Opposition in the construction of the Bill. He has frequently, contentiously and arrogantly rejected many of the proposals which we have made to improve the Bill.

It is a bad Bill, secondly, because, as my hon. Friend said, it has not been properly discussed. Three-quarters of the Bill has not been discussed at all by the House, either upstairs or down here. Altogether, 50 Clauses and five Schedules, many of them of fundamental importance, have been passed either without discussion or virtually without discussion. It is a bad Bill, thirdly, because the Minister has broken the promises which he made over a year ago about the character which pipeline legislation would have.

On Second Reading of the Trunk Pipelines Bill on 27th April, 1961, the Minister stated what were then the Government's intentions about general legislation. He said that he envisaged the procedure consisting of general legislation, a public inquiry, Ministerial approval and Parliamentary approval. Those were the four steps which we were to have in the development of pipelines. If I may quote again what I quoted on Second Reading, he said that there would be an inquiry which
"might be on the lines of those held when the Generating Board make proposals to build generating stations or place grid lines all over the country, with any one able to be heard and make representations, the subsequent procedure being to allow the House of Commons to express an opinion on the provisional decision reached as a result of the public inquiry. The hon. Member for Ashfield made the point that it was important for Parliament to be allowed to look at all the proposals that might be made. He was quite right."—[OFFICIAL REPORT, 27th April, 1961; Vol. 639, c. 720.]
After that, the Minister changed his mind. After he had changed his mind about this procedure he wrote a letter to explain why he had done so. I quoted this letter in Committee, and I do not propose to quote it again, but I suggest that hon. Members who are interested in the doctrinal and philosophical approach of right hon. Gentlemen opposite to the problems of planning should read this letter, because it is a very interesting revelation of what Conservative planning involves and of the pressures which go to shape that Conservative planning.

In his letter the Minister said that he had changed his mind because at the time when he gave the undertakings which I have already quoted the various possible procedures for dealing with this problem had not been considered and he had not received advice from the many interests involved, both officially and unofficially. He changed his mind about the whole procedure for the development of pipelines as a result of representations made to him from both official and unofficial quarters. When some of us on this side of the House suggested that the pressures to which he was subjected were those of the big oil companies, we were accused of having suspicious minds.

The Parliamentary Secretary has said that we delight in representing the oil companies as bloodthirsty and predatory. After all, this suspicion of ours has been confirmed by the Minister, and now even more emphatically by the Parliamentary Secretary. The Minister said on Second Reading that it was likely that the first authorisations would go to the users of pipelines and that this would be so because it was the users who knew best.

Although the right hon. Gentleman did not actually say it, as this was part of an argument about how the development should be planned, the implication clearly was that by waiting for the initiative for proposals to come from users and granting applications to users he would be ensuring and preserving the public interest. That is only another way of saying that what the users regard as being best in their own interests is best in the national interest.

The Parliamentary Secretary slipped a little further. He said this afternoon that the Bill leaves it to the users to make applications for authorisations for pipelines. It does nothing of the sort. The Bill says nothing about applications being limited to the prospective users of pipelines. The Parliamentary Secretary has let the cat out of the bag now. We now know definitely that it is the intention of the Government so to operate the Bill that authorisations for cross-country pipelines are granted only to prospective users.

Who will the prospective users be in the near future? Will they not be the big oil companies operating in this country? Are they, or are they not, going to be Esso, Shell and B.P.? I should be very surprised indeed if, after what we have heard, not only from the Minister but from the Parliamentary Secretary, authorisations are, in practice, granted to anybody else.

I should be sorry if anything I said this afternoon were taken to indicate that anybody who wished to operate a trunk line could not apply for it. Nothing I said was intended to convey the impression that by law or practice only a user of a pipeline could apply for or would get an authorisation. I think that the hon. Gentleman understands that very well.

I am sure that the Parliamentary Secretary's slip was only a Freudian slip, representing the subconscious intentions of the Government.

The hon. Gentleman is right in saying that the Bill itself does not prevent anybody else from applying. I am saying that he has revealed the fact that the Government intend in operating the Bill to grant authorisations to the big oil companies and the Bill as now constructed is designed to promote the development of pipelines by the major oil companies and to facilitate the construction of pipelines by the major oil companies. It is designed for that purpose and none other.

I do not want to elaborate this point, which I should have thought would be obvious even to the hon. Member for Harborough (Mr. Farr), but it has never been assumed in the House or in the country that vested user interests, whose main concern is avowedly to look after the interests of their shareholders, and, therefore, to make a substantial profit, are the best judges of the way in which the economic development of this country should take place. I should be astonished if the hon. Member for Harborough or any other hon. Member opposite would be prepared to subscribe to that view. In fact, they do not entirely, because the Bill contains some form of protection for certain types of persons who will be affected by the activities of the oil companies which promote pipelines.

The hon. Gentleman is talking through his large metaphorical hat, because he has been continually referring in his remarks to oil companies, and oil companies alone, as being the only beneficiaries under the Bill. That is exactly what he said a moment or two ago. I am sure that he will agree, on reflection, that many other commodities will be carried by pipelines, and not only oil.

That is true. I said in the early stages of the Bill that we all know that there will be other developments and that other products will be carried through pipelines. However, the primary and biggest development which we shall face in the near future will be the carriage of oil and the promotion of pipelines by oil companies. Does the hon. Member doubt that? Of course he does not. He knows that it is true. That is what the Bill is primarily designed to facilitate.

Virtually the only people who are really protected in the Bill against the predatory activities of the oil companies, to use the words of the Parliamentary Secretary, are the private landowning interests. We even witnessed an attempt by the hon. Member for Ludlow (Mr. More) to get for the private landowning interests the Whole of the proceeds of the exploitation of pipelines. It was not accepted, because even the Government were not prepared to go so far as to allow the landowners to collar the whole of the booty. All they are concerned with is that there should be a fair share between the various private interests and that the rules of competition for private enterprise should be observed.

In his letter to me the Minister referred to another form of pressure to which he had been subjected Which had led him to change his mind. He said that there was also official pressure upon him. I think I know What that official pressure was. It was from his own colleagues who are trying to get this country into the Common Market. I suspect that they said that the Bill must be so constructed that the form of procedure will be such as to comply with the rules of competition of the Common Market; that is to say, there must be such a development of pipelines as to ensure that, while monopolies are given their opportunities, the monopoly powers are not exercised in such a way as to conflict with other private interests.

The Bill has been so reconstructed that it will not have to be revised if this country is taken into the Common Market. The net result is that we are given a classic example of Conservative planning. The Minister himself boasted about that on Second Reading. He said that through the Bill he wanted to show that Conservative planning works. We shall see through the operation of the Bill just what Conservative planning means, and just how it will work. It will take a form in which big private enterprise is relieved of as many restrictions on its operations as possible while, at the same time, as many restrictions as possible are placed on the operations of public enterprise.

The Parliamentary Secretary spoke of avoiding the danger of hedging around the promoters of pipelines with costly restrictions, but he is not worried about the costly restrictions that are being imposed on public enterprise, and the costly competition. Public enterprise is quite rightly subjected in the public interest to certain restrictions. It has to operate in the national interest. For example, it has to operate uneconomic sections of transport, and observe statutory codes of safety in the mines—the kind of things chat will not be imposed upon pipeline operators.

It is public enterprise that is to be restricted and hampered. It is public enterprise, in the form of the National Coal Board, that will have to bear the cost of compensation if rights of support are lost when pipe-lines are carried across coalfields, but the Bill relieves private enterprise of costly restrictions. By the Bill it is even being relieved of the costly process of having to promote a private Bill for the operation of a pipeline, and I must say that I am very doubtful whether I shall vote in favour of the Third Reading.

We all agree that a pipelines Bill is desirable; that some form of public control is necessary. We might be in-inclined to agree that the Bill is better than no Bill at all, but I am not sure because, when we proceeded by Private Bill, promoters had at least to pay some of the cost of promoting the necessary legislation. We also had the opportunity of Parliamentary control because, under that procedure, Parliament had the last word. We could not only make changes in the detail of the proposals, but had the last word on whether or not the proposals should go through at all.

We now have none of that control. It is left solely to the Minister in his discretion. The final condemnation of the Bill is that it takes completely from Parliament the power to control this important new form of economic development, and hands it over entirely to private interests, supported by a Tory Minister.

5.25 p.m.

The hon. Member for Ashfield (Mr. Warbey) said that under the Private Bill procedure it was easier for Parliament to control development, and he seemed very happy to think that promoters of Private Bills had to spend a lot of money in appearing before Select Committees. It is important to remind the House that it was the last Select Committee to consider a Private Bill under this procedure that advised the House that no more private legislation covering pipeline development should be promoted. It was basically because of that recommendation that some public Bill had to be promoted to make sure that in future we would have some control of a development that will accelerate in the years to come.

The hon. Gentleman concentrated, as one would expect, on the oil side— because, at the moment, it is the oil companies that are mainly concerned with operating pipelines—yet we all know that as a result of developments now going on, many bulk products will be moved in this way. It is important to remember that it was as a result of the Report of a Select Committee that this House was seized of the view that there should be no more of this private legislation but that we should have a public Bill. Here is that public Bill, and we should welcome it.

The argument throughout our proceedings has been directed to whether this Bill is the right sort of Measure to deal with pipeline development. I think that it is, and while the hon. Gentleman sneers at Conservative planning, this Measure is one example of making certain that Parliament and the Executive will give a guide to how things will develop in the future, will lay down safety provisions, will make certain that there are opportunities of obtaining wayleaves and rights over land and that those rights will not be enjoyed by private companies to a greater extent than they are enjoyed by public authorities. That is another purpose of the Bill—

The powers are in excess of those given to public authorities, because the railways are not being given the same powers as the oil companies.

The Bill gives the railways certain exemptions which the pipeline promoter does not enjoy. At the same time, there are certain restrictions on the railways that do not apply to the pipeline promoter. However, I do not think that on Third Reading we can rehearse all the many arguments that were put forward in Committee. This is not the time or the place for that, but I may say that when I referred to public authorities I had in mind the Ministry of Housing and Local Government, the Ministry of Transport, and so on, whose rights of compulsory acquisition are very strictly laid down in previous Statutes.

This Bill may not be completely perfect, but its aim is to make certain that we have a procedure whereby the pipeline promoters can obtain some of the benefits that normally accrue to the public authorities, but they will be hedged in with the same restrictions that are placed on the public authorities in order to maintain the freedom of the individual and the rights of the property owner.

That brings us to the next point. The hon. Member for Ashfield again made some very sneering references to private landowners and said that all that the Bill sought to do was to protect their rights. In case anybody should get the wrong idea, let us ask ourselves who private landowners are. In the main—

It seems that this matter is being greeted with derision, but if one looks at the facts one realises that most of us in this country are landowners in some form or other.

We may be content to live in council houses, but the majority of people are not. Why should we say that because a person owns or is buying a house on mortgage he is not a private landowner and may not be subject to the same claims as would a person who owns a large amount of land? This, I think, is important, because in many towns there will be a number of people who will be faced with the prospect of a pipeline passing through their back garden. Surely their rights are as important as the rights of anyone else. Therefore, I do not think we should sneer too much about the private landowner.

The ordinary householder does not even have to be given statutory notice that a pipeline is going under his house. He has no protection under the Bill.

The ordinary house owner? [HON. MEMBERS:" That is night"] I would defy anyone to put a pipeline under my house without my knowing it.

I think I am right in saying that there will be a system of pipeline markers showing where pipelines are proposed to be laid. Clause 34 deals with the giving of information about a proposed pipeline, and one can make a search to find out whether a pipeline is going under one's house.

I think that the main point here is that the Government have sought in the Bill to create hedging arrangements in order to ensure that safety factors will be recognised and that the ordinary individual will be properly looked alter. The aim of the Bill-indeed it is written into the Bill—is to make certain that there shall not be a proliferation of pipelines but that, as far as possible, there shall be a merging together of pipelines and opportunities for sharing pipelines where the maximum capacity is not likely to be used by the owners.

Anyone who considers it commercially practical to lay a pipeline from point A to point B will seek permission so to do and the Minister by using his powers under the Bill will make certain that all the proper formalities are followed. The main consideration will be a commercial one, whether, in fact, the pipeline is needed from point A to point B. I believe that if we take the view that there must be a national plan we might end up by deciding to run a pipeline from point X to point Y when we know full well that there will be very few people who will want to send oil or any other product through that pipeline at any time.

I think that the laying of a pipeline must be based on commercial practicability, on whether it is needed and whether it is going to be sufficiently economical to enable it to replace the present carrying capacity needed by the producer. Therefore, I believe that the Bill is the right sort of Bill and I give it my full support.

5.35 p.m.

The hon. Member for Tones (Mr. Mawby) was, together with myself, a member of the Select Committee and should, therefore, have some realisation of why we have this Bill before us now. To my mind, it is a most unsatisfactory Bill. The reason why the Private Bill procedure failed was almost exclusively because the basis of the willing seller and the willing buyer broke down. I am sure the hon. Gentleman would agree that the reason why the Select Committee reported to the House that we should take new measures was because the basis of the willing seller and the willing buyer failed. The Esso Petroleum Company got the right to have a compulsory purchase order for three years. The company—I have checked this, and the hon. Member for Harborough (Mr. Farr) drew my attention to it last night—had to indemnify all property above and below the line.

The weakness of this Bill lies in the fact that the Minister has failed to write these compensation features into it. The Minister takes powers under the Bill, and if he is satisfied he will grant a pipeline construction authorisation. What, in fact, will this mean? It will mean laying plans before a planning committee and drawing a line for 70 miles between point A and point B. Where a small person resists and says, You are not going through my small piece of land," the Minister will have to make up his mind whether to protect the owner of the small parcel of land against the oil company. One remembers Crichel Down and what happened in that case. I suggest that there has been insufficient discussion of the policy behind the Bill. The pressure for the Bill came, more or less, from Trunk Pipelines Ltd.

I am 100 per cent. in favour of technical change. I am one who wants to see the big tankers which carry oil taken off the roads as quickly as possible. If we can transport their load by pipeline, I am all for it. I have no objection, as I say, to technical change and to a better system of transport. The fact that there are compulsory rights and other elements without proper safeguards for the small man is the reason why the Bill does not have my full support.

5.40 p.m.

Having attended all the sittings in Committee on the Bill, I cannot help but share the disappointment of hon. Members opposite that we have not had the opportunity of discussing all the Clauses in detail. However, I would remind them that during the course of the Committee stage the report of our proceedings ran to 1,441 columns of HANSARD. Of that number, 132 columns were devoted to reporting our discussion about when we should discuss the Bill. In point of fact, the thunderstorm outside reminds me of the sort of chorus that we had in Committee to the effect, "We don't want to work no more, no more" which was always led by the Opposition. If one takes the trouble to read these voluminous reports, one soon sees from which quarter came the most filibustering. I recall that on one occasion in Committee an hon. Member said, "Yes", whereupon he was accused by hon. Members opposite of filibustering. I might add that that occurred long before the middle of the night.

As a matter of fact, we were trying to discuss Clause 20 at the time.

We should congratulate the Minister on his extraordinarily good humour throughout our discussions on the Bill. I do not think that any other Bill with such political differences—and I have taken the trouble to read the Committee reports of some of the more contentious Measures—has been discussed with such good humour.

Hon. Members: The Gas Bill?

Despite the number of columns that the discussion on that Bill occupied in the OFFICIAL REPORT, I do not think that the proportionate number of Divisions took place. In Committee on the Pipe-lines Bill the Divisions took place one immediately after another, and frankly it was sometimes difficult to understand quite why we went through that procedure.

Much has been said in opposition to the Bill and, as a result, there has not been sufficient emphasis—although my hon. Friend the Member for Totnes (Mr. Mawby) covered some of the points— placed on the advantages which will accrue. Not sufficient has been made of the fact that local authorities will have the right to charge certain rates to pipeline operators. I support their getting these rates, and it must be encouraging for local authorities to know that they will not have to build new roads on which heavy tankers will travel. Instead of local authorities and the Ministry having to go to the expense of building such roads local authorities will be able to charge private enterprise rates and thereby gain revenue as a result of this Measure.

A great deal has been said about the Bill giving a greater monopoly to the oil companies. That point has been made on the basis that only oil will be carried through the pipes. I can foresee a great number of other commodities eventually being so carried. I do not even go so far as to say that only the big oil companies will benefit from the Bill. The smaller ones will also benefit. The big oil companies already have their own facilities and road tanker fleets and have already constructed a pipeline to London Airport.

Since all this will ease road congestion, more should have been made of the fact that a pipeline is the only form of transport by which one does not have to return empty lorries. It is a one-way traffic. I emphasised on Second Reading that oil pipelines must be run by experts with real experience of these matters. That is why I very much support my right hon. Friend in his efforts to ensure that oil pipelines will be run by experts. Before anyone obtains an authorisation to build a pipeline he must satisfy the Minister that he is an expert in this field. An authorisation would not be granted other than to an expert.

On Second Reading I expressed concern about the effect pipelines might have on the sterilisation of land. At that time I saw certain disadvantages, considering the shortage of building land, in pipelines being laid. We had the opportunity of discussing this in Committee, and I am grateful to the Minister for his assurances on this topic. Fears were also expressed about the rights a private landowner, big or small, regarding the depositing of plans. A great deal of one sitting in Committee was occupied discussing whether plans should be deposited. I remember hon. Members opposite giving the impression that all one had to do was to deposit plans with Tom, Dick or Harry—or all the authorities which might be interested, including the fire brigades—and the whole thing would be settled. They did not seem to realise that any pipeline operator, or prospective operator, before putting a proposition or plans before the Minister, would have to make some sort of preliminary survey. No one with experience would attempt to build or plan a new pipeline without first finding out what obstacles there would be in the way of his project. There is no doubt that he would consult the local water, sewerage and gas authorities to ascertain the levels at which the pipeline must be constructed.

We also discussed at length the question of what is a pipeline. This was accompanied by a long debate on the effect of different products in different pipelines.

On a point of order. I appreciate that of necessity this debate must be rather wide, but surely it is a little out of order for an hon. Member constantly to refer to debates which took place in Committee?

I do not think so, not on Third Reading. We are concerned, in fact, with debating what is in the Bill. I understand that the hon. Member for Folkestone and Hythe (Mr. Costain) is debating the subject of what is a pipeline, and that seems to be in the Bill.

Further to that point of order. The reason I rose on a point of order was that in debate on Third Reading we are restricted to that which is in the Bill itself. Surely it is out of order for an hon. Member constantly— and I emphasise "constantly"—to refer to debates which took place in Committee?

Further to that point of order. Surely it is in order for the hon. Member for Folkestone and Hythe (Mr. Costain) to try to find out, at this final stage, just what is a pipeline, bearing in mind that our discussion on the Bill has been so curtailed that we do not even know the meaning of the title of the Bill?

The hon. Member for Folkestone and Hythe (Mr. Costain) was in order.

I was about to say that a pipeline is clearly defined in the Bill. One of the problems we were up against —and I admit that I did not fully understand this on Second Reading—was what was in the Minister's mind regarding the development of further pipelines.

What is not defined in the Bill is what is "a system of pipelines", because the Minister had said previously that he did not think that a system of pipelines was susceptible to accurate definition.

In taking that bait, I recall that during our discussions I referred to the fact that we were trying to decide whether a railway line was a railway track or a railway line. Exactly the same problem applies in the case of pipelines. One of the great objects of the Bill is to confine pipelines to areas where they will be most efficient, and I hope that a number of pipelines will be built on land adjoining railways because that will give access to areas where the greatest need exists.

There has been some reference by the hon. Member for Edinburgh, East (Mr. Willis) to pipelines between England and Scotland. I would remind the hon. Gentleman that there are ports in Scotland which take a lot of tankers, and I cannot see much advantage in oil being taken into English ports instead of Scottish ports. I am sure the hon. Gentleman's friends on the Clyde would not welcome the construction of pipelines to convey oil from England to Scotland, though I can imagine that some Englishmen might like them to be used to convey from Scotland products other than oil.

In general, I believe this Measure will be am important factor in our transport system. I have been surprised that there has not been much public reference to this Measure as it has passed through the House. I do not think I have received one letter from a constituent in connection with a pipeline. I was tempted to find out what happened when the rail-way Bills were going through this House 100 and more years ago. I think they got considerably more publicity because the whole idea was very novel in those days. Nowadays new modes of transport do not hit the headlines because they do not have an atomic or stratospheric connection.

I congratulate the Minister on the way he has handled this Bill, and I welcome it as a Measure which will help our transport system.

5.52 p.m.

I should have thought that if there were one thing on which both sides of the House agree it is that the definition of pipelines is certainly not clear and simple. More than forty lines in Clause 64 are used to define "pipeline", and I have the same feeling about pipelines as I have about sausages, which have been discussed at considerable length in the High Court. After years of effort no one has yet satisfactorily defined a sausage for the purposes of the Food and Drugs Acts.

I have had the privilege of serving on Committees dealing with long, complex and controversial Bills, but I cannot remember a Bill which has come to us, if I may put it crudely, in such a half-baked state as this. Apart from the evidence of one's own eyes, the other evidence for my statement is that the Minister himself has seen fit to put down more than 100 Amendments, many of which were very long indeed, consisting of thirty, forty and fifty lines. It is clear that he himself has had considerable second thoughts about the Bill as it came from another place.

I wish I could think that the Minister in moving his Amendments had been influenced by what had been said in the Committee stage. So far as I can remember, not more than about ten of his Amendments resulted from anything which was said in Standing Committee. The Opposition have been lucky if during the whole course of our discussions we had three Amendments accepted, and one of those was an Amendment to which the Minister added his name, an Amendment originally standing in the name of my hon. Friend the Member for Derby, North (Mr. MacDermot), who sought to insert "not" or to take out "not"—I forget which. We did have the support of the Government on that Amendment.

This is astonishing, particularly when one remembers that the Bill had already passed through the legislative machinery of another place. Despite that, the Minister has felt obliged to move more than 100 Amendments, some of them extremely long; the majority of which we have not had an opportunity to discuss. I can remember how at two o'clock in the morning, partly because of the Minister's stubbornness in not having indicated when the Committee would rise, we had to deal with an Amendment fifty lines long dealing with eleemosynary matters, long and complicated matters concerning compensation for Church property and the exclusion of the effect of the Land Clauses Acts from the compensation to be paid. It is fatuous to suggest that important legislation of that kind could be discussed properly at that time of night—new Clauses and Amendments which were inadequately prepared in the first place and which had to be modified, and then were moved extremely shortly and without adequate explanation by the Government in the middle of the night.

If anybody wants to see the result of this method, I suggest that he looks at Clause 50 (3), and if subsequently I could be told what the Clause now means, and particularly that subsection, I would be delighted. We are dealing with a Bill of sixty-nine Clauses, twenty-eight of which have never been discussed at any stage—vitally important Clauses like Clauses 15 to 19, which deal with placing pipelines in streets. This is a matter of considerable importance when one considers how the traffic flow and all that is associated with it is a vital factor in connection with the movement of population. There was no discussion on any one of those Clauses. We have no idea of the effect of the modification of the code in Part II of the Public Utilities Street Works Act, 1950, which is referred to in Clause 17.

Many of these Clauses are very long. Clause 15 runs to something like 150 lines. There has never been a word of explanation of it. Local authorities have very little idea of the effect of this Clause. Indeed, it is hardly to be wondered at if one reads Clause 15. I should like to draw attention to a "fringe" subsection (9), which again we have never discussed:
"For the purposes of this section a pipe-line shall be treated as placed along a line crossing a street if it is so placed that at either side of the street an angle, on a horizontal plane, of not more than forty-five degrees is formed between the line of the pipe-line inside the street and a line joining the point at which the line of the pipe-line crosses the side of the street with the point nearest to that point on the opposite side of the street."
If any hon. Member knows what that means I am sure we would all like to hear. I have not the faintest idea.

I am certain that there is a mistake in Clause 18, to which I had an Amendment on the Paper, but it was never called. According to subsection (2), the Minister of Transport may in certain circumstances give permission for the breaking up or opening of a highway on the understanding that work begins
"after eight o'clock in the evening and carried on without intermission."
If the words in the Clause say what is intended, this is clearly contrary to previous highway practice of the Ministry of Transport. It now means that work must not start until eight o'clock in the evening and that then the work shall go on without intermission during the night, all the next day and the next night, and so on, creating traffic dislocation which this provision, I presume, is designed to prevent. I have seen hundreds of Ministry of Transport consents, and normally the Minister of Transport says that the work must be conducted between 8 p.m. and 8 a.m. If the Minister intends what the words in this subsection say, confusion will be created on the roads. I am sure this provision is wrongly worded. But we have never been allowed to discuss it, and unless something is done about it in another place there will be further headaches and more confusion for those who have to deal with these matters.

This is the sort of Bill where the Government have shut the stable door after the horse has bolted. There is to be no consultation with householders or their representatives before the laying of a pipeline. We are merely told that if any damage is suffered the aggrieved persons can go to the courts and seek redress. It would be much better to prevent these things.

There is no statutory right of consultation with the fire brigades. An important point arises even in connection with the notification of accidents. Under Clause 36, the fire brigades and the police have to be notified, and there is a subsection providing that the authorities mentioned may request maps if they want to. It may well be the intention that the authorities which think that they may be affected by accidents should have maps before accidents occur, but, as the Clause now stands, the only right given is to ask for maps after an accident. I raised this point earlier and I was told that I should foe informed about it. I have never been informed. Does the subsection really mean, as it seems to mean, that at the height of a raging fire someone can call round and say that he would like to have a map of the pipeline? This is absurd. I gave notice of the point, but I have had no answer. I should very much like to know.

There is no statutory protection for the sewerage authorities, in spite of all the risks which right arise. There is nothing to inform the ordinary householder that materials in a pipeline are being conveyed under pressure beneath his house. I should have thought that the householder certainly had the right to know. Provision could easily have been made. It is no use saying that the local planning authorities can give information about pipelines. A local planning authority has no machinery for communicating with every householder and, in any event, it is not qualified to deal with the safety and technical aspects of the matter.

This was a bad Bill when it first came to the House. It is a bad Bill now. We shall have to spend many hours in the future revising this piece of legislation.

6.2 p.m.

I congratulate my right hon. Friend on having carried the Bill through, and I express my regret that I was not able to be in the Chamber this afternoon to hear my hon. Friend the Parliamentary Secretary move its Third Reading.

As one who served on the Committee, I should prefer to draw a veil over our proceedings there rather than elaborate on them at this stage, but there are certain respects in which I should like to put the record straight. I was sorry to hear the hon. Member for Ashfield (Mr. Warbey), who is not now in his place, use words, even if they were not, perhaps, entirely seriously intended, to the effect that my right hon. Friend had contemptuously and arrogantly rejected Amendments throughout our proceedings. All of us who served on the Committee must have been impressed by one thing more than by any other, namely, by the continued patience and good humour which my right hon. Friend evinced throughout.

He still refused to accept Amendments and he still arrogantly refused to answer the arguments.

The hon. Member for Ashfield credited me with the intention or ambition to collar all the proceeds or profits of the enterprising oil companies for the benefit of the private landowner. I regard that as a great tribute, but, in fact, the modest effort which I made in Committee was merely to ensure that private landowners who might be affected by pipelines should remain in the same position as regards their rights and their compensation as though no pipelines at all had been put across their property.

At this stage, I offer one or two general observations on the situation which the Bill will create in regard to administration. I do not think that we want now to go into a discussion of doctrinaire ideas about nationalisation or anti-nationalisation. We all realise that it could have been left to private companies to drive these pipelines where they wished, as was done by the old railway companies, or we could have gone to the other extreme and allowed the development to be done under some nationalised scheme. Adopting a practical rather than a doctrinaire approach, I think that it is fair to say that this is something of a pioneering operation in both its practical and its legislative aspects. There are risks when nationalised concerns are allowed to decide the course of great new enterprises like this for which no practical precedent exists.

Even in the undertakings of nationalised industries long established, the coal mines and the railways, for instance, large sums of public money in quite recent years have, unfortunately, been devoted to enterprises which have not been successful. Whatever be our general political view in the matter, we must appreciate that the Bill as we pass it today will mean that the money which is to be risked in these enterprises will not be the taxpayers' money but will be the money of the corporations which will lay the pipelines down. I am sure that this is important.

The hon. Member for Hayes and Harlington (Mr. Skeffington) seemed to be impressed by the number of insoluble problems which he suggested we were leaving for the judges in interpreting the various provisions of the Bill. Looking at the Bill in general, the more remarkable feature of it, I suggest, is the extent to which the ordinary courts of law in this country are to be excluded from its operations. Throughout the Bill, the onus of decision and the onus of consideration are laid upon the Minister. Under Clause after Clause he has to exercise discretion and come to decisions. As we all know, this means that the decisions will, in large part, have to be made by members of his Department working as conscientious administrators and trying to decide in all these cases what is right in the public interest and how the various issues are to be determined.

In Clause 28, we find a surprising reference to the judges, but, in fact, they are merely given power to determine as between private owners how certain moneys shall be divided. In Clause 47 there is a provision by which questions of compensation are to be determined by the Lands Tribunal. In almost all other oases, decisions have to be made either by the Minister or by inspectors appointed by him. Clause 41 gives the Minister a general power to appoint these inspectors, and that, of course, will provide a more elaborate method which will help the Minister in making the decisions which will be so important in the working of the Bill.

This is really a four-cornered operation. First, there is the public interest. Second, there is the interest of landowners who may be physically affected by operations on the spot. Third, there is the position of the private or—whichever one may wish to call them—(public companies, the entrepreneurs, which will wish to drive these pipelines through. Fourth, there is the position of the administrators working under the jurisdiction of my right hon. Friend. In my view, the impressive feature of the Bill is the extent to which we leave the effect of it to depend upon administration and the way it is operated. I am sure we may have confidence that, as this is a pioneering Bill and as it is important that we should start right in what will be a new form of transport in this country, my right hon. Friend will ensure that these provisions, discretions and powers are exercised really and truly in the public interest. I congratulate my right hon. Friend and wish the Bill well.

6.10 p.m.

When in moving the Third Reading the Parliamentary Secretary said that I considered the Bill to be very desirable, he, like his right hon. Friend in a previous debate on this matter, was dealing only in half-truths. The previous occasion was when I accused the Minister of being dishonest in his quotation in relation to myself. It is very desirable that we should have a Bill dealing with the development of pipelines as a future means of transportation, but to say that is a long chalk from saying that the Bill is desirable in its present form. I have said repeatedly in our discussions on the Bill that one of the tragedies with which we have been faced as that we had a Minister in charge of the Bill and a Parliamentary Secretary who, Heaven knows, did his best, but both of whom did not understand the Bill and had not sufficient knowledge to pilot it through its various stages.

It is true to say that one of the reasons why the provisions of the Bill have not been discussed as fully as they ought to have been, bearing in mind that it deals with the future transport system, is that both the Minister and his Parliamentary Secretary were incapable of meeting the criticisms that were advanced from this side of the House because they had not the knowledge of the Bill that they ought to have had. I say that if this Bill is to initiate a revolutionary transport system in this country, it is, in its present form, a disastrous Bill. It is disastrous because, although we are being asked to give a Third Reading to a Measure which is supposed to be legislating for the future, we have never discussed a large part of it.

Clause after Clause dealing with the future work of the local authorities, a very important aspect of this problem, and to some extent with the whole question of property relationship and the rights of individuals have never been discussed. Yet the House of Commons is being asked to give a Third Reading to this Measure. It is not good enough for the Minister to expect the House of Commons to act in this way. We are supposed to be a responsible body and to pass legislation of which we have at least reasonable knowledge and after reasonable debate. The only difference between the Parliamentary system and the totalitarian system is that fine dictator cam govern by decree, but under the Parliamentary system legislation has to be exposed to the floodlight of debate.

The hon. Gentleman says "Nonsense". If there is any other fundamental difference between the two systems, I should like to know what it is. If the hon. Member wants to intervene—

I should like to suggest that a total of 80 hours' Committee time is quite sufficient to debate 52 Clauses.

The hon. Member has changed his ground again. It is customary for hon. Members opposite, when one makes a statement, to say "Poppycock" and "Nonsense" and, when one allows them to proceed to elaborate what they have said, to change their ground and say that they were talking about something else. I am saying that, although a number of hours have been devoted to discussing some provisions of the Bill, there are many other provisions in it that have not been discussed at all.

Hon. Members opposite have said that this is not merely a Measure to deal with the transportation of oil but that other commodities will also be transported. That is true. We do not yet know precisely what will be transported in the pipeline system because no one can envisage the ultimate of that system. It is most remarkable that hon. Members opposite, while they have recognised that it is a pipeline system for future development, always manage to make reference to the oil companies. It is true to say that the pipeline system is the future method of transport and that the Bill, inadequate though it is, initiates that future method of transport. But the Bill is also a charter for the oil companies and speculators in the pipeline system.

The hon. Member for Ludlow (Mr. More) referred to the fact that the money of the oil companies would be used. Of course it will, but this will be a better "spec" than independent television; it will be a gold mine and the oil companies know it. It is not only a question of their putting in capital; they are being given great public utility powers, almost monopoly powers, from which they will extract the greatest proportion of the profit.

The Bill is necessary, but not in its present form. It is a disastrous Bill in that it has not been adequately discussed in this House. We are being asked to pass a Measure without full discussion, and I am totally opposed to it.

6.19 p.m.

Those of us who have been in the House for some time can remember serving on a great many Committee's dealing with important legislation. Whether we agreed with the legislation or not—in other words, whether we were on the Government side or on the Opposition side—we can remember the great satisfaction which we derived from striving to improve a Measure and from the general acceptance of the principles in it. As we get to the end of our discussions on this Bill, I wish to place on record the fact that I have never been a member of any Committee dealing with legislation which was as unsatisfactory as this Bill, despite the fact that we accept the need for a pipeline system in Britain.

The Bill has been ill considered in the way that it has been presented to us, in spite of the fact that it went through another place before it came here. Huge dollops of Government Amendments and new Clauses have been necessary, most of which we have not had the chance to debate, and as we get to the end of it we realise that much more of the Bill has not been discussed than has been discussed. I should have thought that, no matter how we viewed the working of the Guillotine in this House, it is something which we should consider most seriously when we reach the point that I have just mentioned about any piece of legislation.

As I suggested in the debate on the guillotine Motion, democracy can become something of a mockery when important legislation leaves this House practically undiscussed, as has happened with this Bill. My hon. Friend the Member for Hayes and Harlington (Mr. Skeffington) showed us that one or two of the Clauses, as they leave us, simply make nonsense. It is, therefore, a great tragedy that we are having the Third Reading while the Bill is in its present form.

A pipeline Bill is the genesis of a new transport system, and, therefore, we on this side have never disputed the need to ensure the orderly and systematic development of a pipeline system. Yet, as the Bill leaves us, neither the Minister nor any other member of the Government can even describe what a pipeline system is, apart from the fact that a pipeline system is a system of pipelines. Then we axe in worse trouble because that cannot be defined. It makes nonsense of our efforts to guide the development of this sort of transport system when we cannot even define the main purpose of the Bill.

The Parliamentary Secretary spoke about the need for encouraging the competitive power of our industries and went on to say that the State cannot be trusted with pipeline development. My hon. Friend the Member for Hamilton (Mr. T. Fraser) educated him a little by saying that the State has been building pipelines for over twenty years. Indeed, the war might not have gone so well for us if it had not.

But the Government's only criterion of success is profit, not the ability to produce pipelines. The hon. Member for Ludlow (Mr. More) told us that large sums of money had been invested in industries which have not been successful. He spoke of nationalised industries. I thought that he was talking about agriculture, the Cunard Steam-ship Co., steel and cotton, but, apparently, those trifles escaped the hon. Gentleman's attention. We used to laugh in the old days at Robb Wilton, as fireman, asking people to fill in forms in triplicate before the brigade could function. Now we know that a map, not a form, is an essential prerequisite to obtaining assistance if one's house is on fire.

We on this side are convinced of the need for a pipeline system, irrespective of whether there is profit to be made from it. The fact that pipeline development is to be left entirely to the oil companies and other sections of private enterprise presupposes that the Bill can be used as a vehicle for making profit, or there will be no pipeline system, irrespective of the fact that hon. Members opposite say that a pipeline system is essential to the well-being of the country. We are told that the public interest is to be safeguarded. How? What is the essential difference between a new transport system in pipelines and the old transport system in railways? There is just one small difference. Pipelines can still be used for profit-making and railways cannot. Therefore, the public has the railways and private enterprise has the pipelines. [Laughter.] The hon. Gentleman laughs. If he can dispute what I am saying, I will give way to him.

The reason I am laughing is that Dr. Beeching is engaged in making a reassessment of the need of railways and, therefore, we say that the criterion for laying a pipeline is whether there will be sufficient material to be carried through that pipeline.

The hon. Gentleman does not appreciate the point. The great danger to the railway system is that if Dr. Beeching succeeds it will be denationalised, just as the steel industry and road transport were denationalised. The basis of the Bill is to ensure that the nation has a new transport system provided that the profit motive can be satisfied. If it cannot be satisfied, there will be no pipeline system, irrespective of what the public needs. That is enshrined in the Bill, and it is on this basic issue that we have argued about Clause 1.

The Parliamentary Secretary gave us the usual approach, namely, that if we advocate that the nation should own something we are doctrinaire, whereas if we advocate that private people should exploit something that is not doctrinaire but natural. We should have a new transport system because the nation requires it, irrespective of whether profits can be made from it. So great is the Government's concern about the public that they will not get one unless private people can make profits from it.

This is driving the Tory Party to some rather remarkable situations. Even the land-owning interests have been relegated to second place in the Government's consideration. The Parliamentary Secretary said that the British Transport Commission will be allowed to build pipelines on its own land. This is a great concession! We shall be accusing him of lining up with Mr. Khrushchev if this goes on. Who wants to lay a pipeline on land exclusively running along a railway track which is to be closed down because it goes in the wrong direction?

If we are to have a pipeline system which becomes the arteries of our industrial development—surely that is what we ail want—it will be successful only if it goes into the areas in which industry is required and to which industry should be channelled and, therefore, can act as the life blood of that industry. When my hon. Friends and I, in Committee, tried to bring about that revolution by Amendments, the Minister said that, although he wanted orderly development, the one thing that we should not do was to make sure that industry develops in an orderly way. This is one of the great shortcomings of the Bill and one of the reasons why it will not succeed.

We are told time and again in the Bill that we must ensure the orderly development of pipelines and that to do that we must make certain that there is not a proliferation of pipelines. In itself, that is an excellent suggestion. I dispute that the Minister can possibly do it without considering the kind of Amendment which my hon. Friend the Member for Hamilton moved last night and taking a complete picture of applications for authorisation before he even begins to look at the system itself. In any event, once it is decided to oppose a proliferation of pipelines the Government automatically preclude a large section of the community from ever hoping to get authorisation and they narrow the field of those who can. In itself, it is a good thing, but when we pass legislation which almost presupposes monopoly, the House has to decide as between private and public monopoly.

In the Bill, we are told that people who fail to get an authorisation or who, perhaps, are not of sufficient financial standing to be able to apply for one, can arrange with those who have pipelines to get their commodities carried in them. Frankly, I do not believe that this is worth the paper on which it is written. How can the Minister tell me—perhaps he will try when he replies—the capacity of a pipeline which, first, ensures that the owner of the line can move his own commodities through it and, further, that there will be surplus capacity which other people can use? We hammered this point in Committee, but never got an answer. I ask the Minister again now.

On the theme of monopolies, which my hon. Friend the Member for Hamilton has discussed, if the Government are saying that they will limit those who can get an authorisation—a proposition from which we do not dissent—unless there can be some way in which the Minister ensures that an authorisation does not become a monopoly right to those who get it, the Government are conniving at the creation of private monopoly.

That again, as my hon. Friends have shown at every stage of the Bill, is one of the important reasons why we do not believe that we can at one and the same time create conditions of private monopoly and look after the public interest. The two things are antagonistic. Therefore, I do not believe that that part of the Bill which gives the power theoretically to people who wish to use somebody else's pipelines to move their own commodities can work in the way that the Minister apparently expects.

I have just referred to Clause 11 as something which, under the Tories, will put the landowner in a secondary position as against the great oil companies. To discuss Clause 11 as we have done is nothing like sufficient. Not a word was said in Committee an either the Second or Third Schedules. Clause 11 is almost incapable of definition until we get to the conditions as laid down in the Schedules to the Bill, because they are the conditions which should have been discussed in justification of compulsory acquisition.

There again, I am not capable of saying whether the Schedules are capable of defining how Clause 11 will function. There has not been the slightest attempt by the Minister to interpret them to us. One remembers the position in which the hon. Member for Totnes (Mr. Mawby) found himself. He was a member of the Standing Committee and listened in—indeed, on one occasion he took part—to our deliberations. The hon. Member thought—I do not blame him for supposing this—that an ordinary householder would be protected within the Bill. He was horrified to find that no such protection was accorded and he fell back upon the argument that nobody could put a pipeline under his house without his knowing.

I shall not dispute that. Houses come to unfortunate ends when people begin to put pipelines under them. It is, however, a little late in the day to discover what to do about it if somebody is putting a pipeline under one's house.

That is an important point. As a layman, I would not attempt to answer. Perhaps the hon. Member for Totnes will tell us. I suppose that the answer to my hon. Friend the Member for Edinburgh, East (Mr. Willis), who asks what would happen if it were done while somebody was on holiday, is that there would toe no house to which to come back.

Is it not the case that we are being asked to accept a Measure of considerable importance undiscussed, undigested and certainly not understood? That is by no means an exaggeration, despite the fact that when the Bill came to us, we had the advantage that another place had already had a go at it and had defeated the Government on one or two occasions in discussing it.

Granted that we all wish to see a pipeline system developed, when we have a Measure of this kind, despite the differences between us concerning ownership, there could have been a great deal of mutuality. It is a great pity, however, that the Bill has been almost dragooned through the House. Before a single word was said in Committee, the Minister forced open-ended sittings upon us. Because of his attitude scarcely an Amendment of any principle or substance from the Opposition was accepted, although he was ready to adopt our principles and parade them as his own. The nation has the right to expect that this place, having fought out its differences of principle on ownership, will then co-operate together in trying to ensure that we get a proper system. Because of the way in which the Minister has handled the Bill, however, no such co-operation has been possible.

We know that the Bill was introduced far too late in the Session and that, rather than the Government blaming the Opposition for trying to analyse the Bill when it came to us, it is the Government who are culpable and who should be censured by the House for daring to introduce so late in the Session a Bill of the dimensions and importance of this one.

There is nothing further that we can do to stop the Bill going on to the Statute Book. The future may well reveal a different approach by incoming Governments to legislation of this nature. For our part, we have stated where we stand on the question of ownership. I think it very unlikely that our arguments in office as a Government would vary from those which we have used whilst in opposition. Therefore, the country can take heart in the thought that a pipeline system may well come into being irrespective of whether the profit motive can be satisfied. On that we stand. It is a great pity that we could not have had greater mutuality. Because of the disgraceful way in which the Opposition have been treated during the passage of the Bill, we shall divide against its Third Reading tonight.

6.39 p.m.

We have now reached the final stage of the Bill and I am bound to admit that in time to come I shall look back on this moment with a feeling of intense nostalgia. As I look forward to the weeks and months ahead I really do not see how I shall occupy my time, when the Bill has received the Royal Assent.

The suggestion has been made today that there has been insufficient time for discussion of the Bill. Whether or not that is so was debated at considerable length on the Allocation of Time Motion, when it was agreed earlier this month, but hon. Gentlemen have claimed this afternoon that the later stages of the Committee and other stages have been unduly hurried. They have claimed that a number of the Clauses did not get any attention. I must point out one thing. The fact that quite a number of Clauses were not reached did not preclude hon. Members in Committee from taking any chance they could to discuss them—

—but the compression of our later debates was the inevitable result of the tactics which the Opposition employed on the earlier Clauses.

As I understand it, the obligation of the Government is to allow adequate time for a Bill's discussion. The Government cannot bear responsibility if the Opposition choose to use the time available in rather peculiar ways. Therefore, the question is whether the Government have allowed adequate time to debate the Bill. The Bill occupied 75 hours in the Standing Committee, which is the equivalent of nearly 12 full days' debating time on the Floor of the House —12 full days. Altogether, it has been discussed in the House of Commons for not far short of 100 hours. If we add to that the 29 hours—I think it was— which the Bill had already occupied in another place I really do not think that it is possible to suggest that insufficient time has been available for its examination.

But in spite of the uneven discussion which has been afforded to it because of the operations of the Opposition in the Committee, I would gratefully acknowledge the improvements which have been made to the Bill during its passage through both Houses. Many of the Amendments which were accepted both in Standing Committee and again yesterday, on Report, were put down to meet points raised in the Committee or in another place.

I have already taken the opportunity —and the hon. Gentleman the Member for Hamilton (Mr. T. Fraser) warmly supported me—to express my gratitude to the hon. Gentleman the Member for Stalybridge and Hyde (Mr. Blackburn) for his conduct of our proceedings upstairs. I think that I shall be forgiven for expressing more appreciation of my hon. Friends, especially my hon. Friend the Parliamentary Secretary to the Ministry of Public Building and Works, for the magnificent and patient support which they gave me for so long, than for the apparent attempts—I must use my words very carefully, because I see the hon. Gentleman the Member for Gloucestershire, West (Mr. Loughlin) here; and, incidentally, having heard that he had been ill, I was delighted to find him in such vigorous health and in such good form this afternoon—of the Opposition to frustrate our progress.

Nevertheless, I should like to express my admiration for the hon. Gentleman the Member for Hamilton for the way in which he led his team, which was a team of quite remarkable versatility. If I may use cricketing metaphors, there was the hon. Gentleman the Member for Edinburgh, East (Mr. Willis), who was always ready for a quick single. I fear that in an attempt for a quick single today he ran himself out badly, because he suggested that I had not consulted Scottish local authorities before the Bill. I did in fact, consult the Scottish local authorities. Here, the hon. Gentleman was well out of his ground this afternoon. Then there was the hon. Gentleman the Member for Ashfield (Mr. Warbey), who so frequently—

I think that I really should get on, for I have a lot of things to say, but I will certainly give way in a moment if the hon. Gentleman really thinks that he must intervene.

The hon. Member for Ashfield was frequently performing the functions of what I think is called in first-class cricket, the night watchman—put in to bat for a few minutes before the drawing of stumps, to keep things going. And the rest of the side were certainly very often not averse from vociferous appeals to the umpire.

I cannot accept the charge made in debate on the Allocation of Time Motion that the Government have been rigidly resistant to all attempts to improve the Bill. If one makes a comparison of the Bill as it was when introduced and the Bill as it will finally appear I think that that suggestion is completely refuted, but I do not think that it is surprising that the Government have refused to accept the nationalising fervour of the Opposition on which many of the earlier Amendments were based, because we believe that such a philosophy, if it were to inspire future pipeline development, would frustrate and stultify what I am convinced will otherwise be an important new advance for industry and consumers.

The principles behind the Bill were fully debated on Second Reading and I do not wish to go over the ground again, and my hon. Friend the Parliamentary Secretary, anyhow, put the case most trenchantly and cogently at the beginning of the debate today. The Government appreciate that an unbridgeable difference exists on the fundamental basis of pipeline legislation. Hon. Members opposite believe that pipeline legislation should be based primarily on public ownership, that there should be a national plan, in the words of the right hon. and learned Gentleman the Member for Newport (Sir F. Soskice) on Second Reading,
"shaped and guided by the intervention of public enterprise so as to serve best the public purposes to which it can be harnessed."— [OFFICIAL REPORT, 9th May, 1962; Vol. 659, c. 462.]
In their view the Bill is misconceived in that it contains no positive planning.

We for our part believe with all our strength that this is the right approach. In our view legislation must primarily seek to provide conditions which will stimulate and encourage pipeline development and at the same time ensure that such development is subject, I use the words advisedly, having used them before, to a recognised pattern of public control.

I do not mind at all the suggestion the hon. Gentleman the Member for Hamilton pointed at me that—I think it boiled down to the phrase for which I give credit to my hon. Friend—that my head is just showing out of the pocket of the Esso Petroleum Company. That is what, I think, the hon. Member was trying to suggest. I do not mind that, because I think that it will be treated with the scorn and derision which it deserves, but I do certainly resent the innuendoes of the hon. Member against my engineering staff when he says that they have a rather sinister connection with the oil companies.

I should like to point out that they have other duties to see to and may not be employed on this work. In fact, it is quite essential, if they are to do their job properly in future, that the inspectors who will be employed under the Bill must come from industries using pipelines, so that they will have the technical knowledge necessary for them to do their job.

During the debates which have taken place we have discussed a number of interesting and important topics. The question of amenities has been discussed and my hon. Friend the Member for Har-borough (Mr. Farr) mentioned it this afternoon. It was not possible to provide that pipelines should be laid underground, because it may be that some pipeline development may be desirable, as, I think, the Parliamentary Secretary pointed out in Committee, at the bottom of disused canals, where it would be rather ridiculous to ask for under grounding and where there would be no offence at all to amenity. Certainly, amenity has figured very largely in the discussions both here and in another place. It is our determination that we should do what we possibly can to see that pipelines do not offend against that criterion.

The question of compulsory powers has been discussed at considerable length. The protection afforded now to those who own or occupy land corresponds with that which is provided by the Acquisition of Land (Authorisation Procedure) Act, 1946, with the important additional provision that when the Minister makes either a compulsory purchase order or a compulsory rights order it is subject in all cases—unlike the 1946 Act procedure—to confirmation by Parliament. I explained perfectly frankly to the Committee, and, I think, at considerable length, that I changed my mind between the debate on the Trunk Pipelines Bill and the introduction of this Bill about the need for parliamentary approval where compulsory rights orders or compulsory purchase orders were not necessary.

It is difficult to satisfy hon. Gentlemen opposite when, most of the time, they are saying that I do not change my mind enough; and this afternoon they accuse me of having changed it once too often. I have explained that where compulsory rights ardors are not involved, or where rights are voluntarily granted, this provision for inquiry which is contained within the Bill affords much greater protection for local and other interests than ever existed before under the Private Bill procedure. The view has been expressed that a specific protection ought to be given in regard to the way in which pipeline works are carried out and it has been suggested that a mandatory code of practice for pipeline work should be laid down.

I think that the House will agree that the Government have gone a considerable way towards meeting this suggestion. Under Clause 13, introduced in Committee, where compulsory rights can be exercised over the operational land of statutory undertakers—for instance, railways—the Minister may impose conditions Which will prevent the operations of the undertakings concerned, either immediately or at any time in the future, from being adversely affected. He can also attach to ail compulsory rights orders certain conditions dealing, for instance, with the proper safeguarding of waiter supplies, reinstatement of land drains, ditches and fences, and, if I dare mention it in the presence of the hon. Member for Hamilton, also sporting rights.

By these means it is possible to Jay down proper safeguards which will meet any of the technical requirements of the undertakings concerned or in any individual case where they are necessary. The Bill embodies safeguards which are fully adequate to protect both agricultural interests and the interests of statutory undertakers Whose land may be subjected to a compulsory rights order.

We had a considerable discussion, in which my hon. Friend the Member for Ludlow (Mr. More) took a prominent part, on the question of compensation and the proper liability of pipeline operators in this respect. The compensation arising from the exercise of rights granted by a compulsory rights order is covered by Clause 14, and the principles on which this is based follow the accepted code of compensation in regard to Government-owned pipelines. In general, the compensation provisions of the Bill seek to ensure that the owner and occupier of land to which a compulsory rights order applies is neither worse off nor better off financially than he would have been had such an order never been made.

Some property owners may regard this as ungenerous, particularly in view of the liberal compensation terms which have been voluntarily agreed by some of the major oil companies and the nationalised bodies for pipeline way-leaves. But the Government have had to consider the wider effects of extending the established compensation code and have decided, after very careful consideration, that the existing code should not be altered. Experience has shown that the existence of this code does not blind operators to the advantages of voluntary agreements wherever possible and of negotiating accordingly.

We had a long discussion, very necessarily, on safety. Some anxiety has been expressed about the potential danger of pipelines. It has been proposed that pipeline owners should be obliged to accept absolute liability for any damage which may be occasioned by their pipelines. There is no evidence to suggest that the building and operation of commercial pipelines will give rise to greater hazards than many other kinds of industrial process. The principle of absolute liability has been imposed only in very exceptional circumstances where unpredictable dangers are involved, and the Government see no reason why pipeline promoters should be placed in any different position from industry generally, where common law redress is always available to third parties whose interests may be injuriously affected.

A great deal was said both yesterday and in Committee when we debated the question of safety regulations. Indeed, a good deal has been said in general about the whole subject. The Government have taken the view, as I tried to explain yesterday, that safety requirements can best be imposed by notice in individual cases rather than by regulations for general application.

It is thought that if one tried to frame regulations in the present state of knowledge—which, we argued among our-selves, is, at any rate, less complete than it will be in a few years' time—then it would be necessary for the regulations, if they were to mean anything, to be very much more restrictive and possibly less well-suited to the individual case than the kind of requirements which under the Bill can be imposed by notice in individual cases. There would be practical difficulties in attempting to draw up regulations which were both sufficiently comprehensive to be applicable to every type of pipeline likely to be laid and sufficiently precise to be capable of enforcement. Therefore, the Government believe that each case ought to be looked at on its merits, and it is felt that in this way the Minister will be able to impose the most suitable requirements in the light of the circumstances of each pipeline application.

During the Committee proceedings, as I explained yesterday, I was impressed by the view that, although regulations may not be desirable at present, they might be—as a number of horn. Members have suggested—desirable in the near future. Although, in my view, regulations would not be desirable in the very near future, it might well be that they would be desirable later, and, therefore, I agreed to include powers in the Bill to give the Minister the future option to impose a general set of regulations if these were felt to be desirable and would achieve the same ends.

The hon. Member for Hayes and Harlington (Mr. Skeffington) raised one or two points this afternoon. In particular, he quarrelled with the provision in Clause 18 (2) about the works having to be begun after eight o'clock in the evening and carried on without intermission. He thought we had made a mistake somehow and would have to put it right. If he had his way—I think this is his way—and the works had to come to an end at ten o'clock the following day or some such time, what would happen would be that there would be a big hole left in the road during the next day, and that would not be very conducive to the easy flow of traffic. Therefore, we suggest that the works should be begun after eight o'clock in the evening and carried on without intermission so that the obstruction to traffic will be as short as it possibly can be. I suggest that that is rather a sensible provision.

The hon. Member had great fun in suggesting that if there was an accident a map would have to be obtained at the last moment when the fire was raging. He has not done his usual very applied homework on this Clause. The maps will be supplied in advance when requested and not at the time of the accident. But the hon. Member was enjoying himself, and I should not like to spoil his fun.

I have explained on several occasions why the Bill had to be introduced during the Session. Contrary to the view expressed by the hon. Member for Hamilton, I am not expecting a flood of applications directly the Act is passed, but I am expecting to get some. After the Select Committee's Report on the Esso Petroleum Company Bill, which was mentioned by my hon. Friend the Member for Totnes (Mr. Mawby), it was perfectly clear that no future pipeline developments would be possible until public legislation was completed. That was the need for this Measure having to be introduced and put on the Statute Book as soon as possible.

I stated, on Second Reading, three main objectives. The first was to control the development of pipelines. The second was to facilitate the construction of pipelines by affording a procedure whereby pipeline operators could obtain compulsory powers and yet, at the same time, provide adequate safeguards to those who would be affected. The third was to ensure that adequate powers were available to the Government to control pipelines in the interests of safety. I believe that these are proper and desirable aims of the pipelines legislation which the Government undertook to introduce rather more than a year ago.

Pipeline development is a comparatively new field of enterprise in this country. I expect that it will develop very considerably in the future. The Government believe that this Measure will provide the best pattern of control in the national interest. I therefore ask the House to give the Bill a Third Reading.

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

Division No. 258.]

AYES

[6.59 p.m.

Aitken, W. T.Gilmour, Sir JohnMarten, Neil
Allan, Robert (Paddington, S.)Glover, Sir DouglasMathew, Robert (Honiton)
Allason, JamesGlyn, Dr. Alan (Clapham)Mawby, Ray
Arbuthnot, JohnGoodhart, PhilipMaxwell-Hyslop, R. J.
Atkins, HumphreyGough, FrederickMills, Stratton
Balniel, LordGower, RaymondMiscampbell, Norman
Barlow, Sir JohnGrant, Rt. Hon. WilliamMoore, Sir Thomas (Ayr)
Barter, JohnGreen, AlanMore, Jasper (Ludlow)
Batsford, BrianGresham Cooks, R.Morgan, William
Baxter, Sir Beverley (Southgate)Grosvenor, Lt.-Col. R. G.Morrison, John
Bell, RonaldHall, John (Wycombe)Mott-Radclyffe, Sir Charles
Berkeley, HumphryHamilton, Michael (Wellingborough)Nabarro, Gerald
Bevins, Rt. Hon. ReginaldHarris, Frederic (Croydon, N.W.)Neave, Alrey
Biffen, JohnHarris, Reader (Heston)Nicholls, Sir Harmar
Biggs-Davison, JohnHarrison, Col. Sir Harwood (Eye)Nicholson, Sir Godfrey
Birch, Rt. Hon. NigelHarvey, Sir Arthur Vere (Macclesf'd)Noble, Rt. Hon. Michael
Bishop, F. P.Harvey, John (Walthamstow, E.)Nugent, Rt. Hon. Sir Richard
Bossom, CliveHarvie Anderson, MissOrr-Ewing, C. lan
Box, DonaldHastings, StephenOsborn, John (Hallam)
Boyd-Carpenter, Rt. Hon. JohnHay, JohnPage Graham (Crosby)
Boyle, Rt. Hon. Sir EdwardHeald, Rt. Hon. Sir LionelPage, John (Harrow, west)
Braine, BernardHenderson, John (Cathcart)Pannell, Norman (Kirkdale)
Brewis, JohnHendry, ForbesPartridge, E.
Brooke, Rt. Hon. HenryHicks Beach, Maj. W.Pearson, Frank (Clitheroe)
Brooman-White, R.Hiley, JosephPeel, John
Brown, Alan (Tottenham)Hill, Mrs. Eveline (Wythenshawe)Percival, lan
Browne, Percy (Torrington)Hill, J. E. B. (S. Norfolk)Peyton, John
Buck, AntonyHirst, GeoffreyPickthorn, John
Bullad, DenysHobson, Sir JohnPike, Miss Mervyn
Bullus, Wing Commander EricHocking, Philip N.
Butcher, sir HerbertHolland, PhilipPilkington, Sir Richard
Campbell, Sir David (Belfast, S.)Hope, Rt. Hon. Lord JohnPitman, Sir James
Campbell, Gordon (Moray & Nairn)Hopkins, AlanPitt, Dame Edith
Carr, Compton (Barons Court)Hornby, R. P.Pott, Percivall
Carr, Robert (Mitcham)Hornsby-Smith, Rt. Hon. Dame P.Powell, Rt. Hon. J. Enoch
Cary, Sir RobertHughes-Young, MichaelPrior, J.M.L.
Channon, H. P. G.Hurd, Sir AnthonyProfumo, Rt. Hon. John
Chataway, ChristopherHutchison, Michael ClarkProudfoot, Wilfred
Chichester-Clark, R.Iremonger, T. L.Pym, Francis
Clark, William (Nottingham, S.)Irvine, Bryant Godman (Rye)Quennell, Miss J. M.
Cleaver, LeonardJackson, JohnRedmayne, Rt. Hon. Martin
Co'e, NormanJames, DavidRees, Hugh
Collard, RichardJennings, J. CRees-Davies, W. R.
Cooke, RobertJohnson, Dr. Donald (Carlisle)Renton, Rt. Hon. David
Cooper, A. E.Johnson, Eric (Blackley)Ridley Hon. Nicholas
Cooper-Key, Sir NeillJohnson Smith, GeoffreyRobinson, Rt. Hn. sir R. (B'pool, S.)
Cordeaux, Lt.-Col. J. K.Joseph, Rt. Hon. Sir KeithRopner, Col. Sir Leonard
Cordle, JohnKaberry, Sir DonaldRoyle, Anthony (Richmond, Surrey)
Corfield, F. V.Kerans, Cdr. J. S.Russell, Ronald
Costain, A. P.Kerby, Capt. HenrySt. Clair, M.
Coulson, MichaelKershaw, AnthonyScott-Hopkins, James
Courtney, Cdr. AnthonyKimball, MarcusSeymour, Leslie
Craddock, Sir BeresfordKirk, PeterSharples, Richard
Crawley, AidanLambton, ViscountShaw, M.
Critchley, JulianLangford-Holt, Sir JohnShepherd, William
Cunningham, KnoxLeburn, GilmourSkeet, T. H. H.
Curran, CharlesLegge-Bourke, Sir HarrySmith, Dudley (Br'ntf'd & Chiswick)
Currie, G. B. H.Lewis, Kenneth (Rutland)Smyth, Rt. Hon. Brig. Sir John
Dalkeith, Earl ofLilley, F. J. P.Spearman, Sir Alexander
Deedes, Rt. Hon. W. F.Lindsay, Sir MartinSpeir, Rupert
de Ferranti, BasilLinstead, Sir HughStevens, Geoffrey
Doughty, CharlesLloyd, Rt. Hn. Geoffrey (Sut'nC'dfield)Stodart, J. A.
Drayson, G. B.Longbottom, CharlesStoddart-Scott, Col. Sir Malcolm
Duncan, Sir JamesLongden, Gilbert
Eden JohnLoveys, Walter H.Studholme, Sir Henry
Elliot, Capt. Walter (Carshalton)Lucas-Tooth, Sir HughSummers, Sir Spencer
Emery, PeterMcAdden, Sir StephenTapsell, Peter
Errington, Sir EricMcLaughlin, Mrs. PatriciaTaylor, Sir Charles (Easthourne)
Farey-Jones, F. W.Maclean, Sir Fitzroy (Bute & N.Ayrs.)Taylor, Edwin (Bolton, E.)
Farr, JohnMcLean, Neil (Inverness)Taylor, Frank (M'ch'st'r, Moss Side)
Fisher, NigelMacleod, Rt. Hn. lain (Enfield, W.)Temple, John M.
Fletcher-Cooke, CharlesMacLeod, John (Ross & Cromarty)Thatcher, Mrs. Margaret
Foster, JohnMcMaster, Stanley R.Thomas, Leslie (Canterbury)
Fraser, Rt. Hn. Hugh (Stafford & Stone)Macpherson, Rt. Hon. Niall (Dumfries)Thomas, Peter (Conway)
Fraser, lan (Plymouth, Sutton)Maginnis, John E.Thompson, Richard (Croydon, S.)
Freeth, DenzilMaitland, Sir JohnThornton-Kemsley, Sir Colin
Galbraith, Hon. T. G. D.Markham, Major Sir FrankTouche, Rt. Hon. Sir Gordon
Gardner, EdwardMarlowe, AnthonyTurner, Colin
Gibson-Watt, DavidMarples, Rt. Hon. ErnestTurton, Rt. Hon. R. H.

The House divided: Ayes 259, Noes 193.

van Straubenzee, W. R.Wall, PatrickWolrige-Gordon, Patrick
Vane, W. M. F.Ward, Dame IreneWood, Rt. Hon. Richard
Vaughan-Morgan, Rt. Hon. Sir JohnWebster, DavidWoodhouse, C. M.
Vickers, Miss JoanWells, John (Maidstone)Woodnutt, Mark
Vosper, Rt. Hon. DennisWhitelaw, WilliamWoollam, John
Wakefield, Sir WavellWilliams, Dudley (Exeter)Worsley, Marcus
Walder, DavidWills, Sir Gerald (Bridgwater)
Walker, PeterWilson, Geoffrey (Truro)TELLERS FOR THE AYES:
Walker-Smith, Rt. Hon. Sir DerekWise, A. R.Mr. Finlay and Mr. McLaren.

NOES

Abse, LeoGunter, RayOwen, Will
Ainsley, WilliamHale, Leslie (Oldham, W.)Padley, W. E.
Albu, AustenHall, Rt. Hn. Glenvil (Colne Valley)Pannell, Charles (Leeds, W.)
Allaun, Frank (Salford, E.)Hannan, WilliamPargiter, G. A.
Allen, Scholefield (Crewe)Harper, JosephParker, John
Awbery, StanHart, Mrs. JudithPavitt, Laurence
Bacon, Miss AliceHayman, F. H.Pearson, Arthur (Pontypridd)
Baxter, William (Stirlingshire, W.)Henderson,Rt.Hn.Arthur(RwlyRegis)Peart, Frederick
Bel enger, Rt. Hon. F. J.Herbison, Miss MargaretPentland, Norman
Bence, CyrilHill, J. (Midlothian)Plummer, Sir Leslie
Bennett, J. (Glasgow, Bridgeton)Hilton, A. V.Popplewell, Ernest
Benson, Sir GeorgeHolman, PercyPrice, J. T. (Westhoughton)
Blackburn, F.Houghton, DouglasProctor, W. T.
Blyton, WilliamHoy, James H.Reid, William
Bottomley, Rt. Hon. A. G.Hughes, Cledwyn (Anglesey)Reynolds, G. W.
Bowden, Rt. Hn.H.W. (Leics. S.W.)Hughes, Emrys (S. Ayrshire)Roberts, Albert (Normanton)
Bowles, FrankHunter, A. E.Roberts, Goronwy (Gaernarvon)
Boyden, JamesHynd, H. (Accrington)Robertson, John (Paisley)
Braddock, Mrs. E. M.Hynd, John (Attercliffe)Rodgers, W. T. (Stockton)
Bradley, TomIrvine, A. J. (Edge Hill)Rogers, G. H. R. (Kensington, N.)
Bray, Dr. JeremyIrving, Sydney (Dartford)Ross, William
Brockway, A. FennerJanner, Sir BarnettShort, Edward
Brown, Rt. Hn. George (Belper)Jay, Rt. Hn. DouglasSkeffington, Arthur
Brown, Thomas (Ince)Jenkins, Roy (Stechford)Slater, Mrs. Hariet (Stoke, N.)
Butler, Herbert (Hackney, c.)Jones, Rt. Hn. A. Creech(Wakefield)Small, William
Callaghan, JamesJones, Dan (Burnley)Smith, Ellis (Stoke, S.)
Castle, Mrs. BarbaraJones, J. Idwal (Wrexham)Sorensen, R. W.
Cliffe, MichaelJones, T. W. (Merioneth)Soskice, Rt. Hon, Sir Frank
Corbet, Mrs. FredaKelley, RichardSpriggs, Leslie
Craddock, George (Bradford, S.)Kenyon, CliffordSteele, Thomas
Crossman, R, H. S.Key, Rt. Hon. C. W.Stewart, Michael (Fulham)
Cullen, Mrs. AliceKing, Dr. HoraceStones, William
Dalyell, TamLawson, GeorgeStrauss, Rt. Hn. G. R. (Vauxhall)
Darlling, GeorgeLee, Frederick (Newton)Stross, Dr. Barnett (Stoke-on-Trent, C.)
Davies, G. Elfred (Rhondda, E.)Lee, Miss Jennie (Cannock)Swain, Thomas
Davies, Harold (Leek)Lewis, Arthur (West Ham, N.)
Davies, Ifor (Gower)Lipton, MarcusSwingler, Stephen
Deer, GeorgeLoughlin, CharlesTaverne, D.
Delargy, HughLubbock, EricTaylor, Bernard (Mansfield)
Dempsey, JamesMcCann, JohnThomas, George (Cardiff, W.)
Diamond, JohnMacColl, JamesThomas, Iorwerth (Rhondda, W.)
Dodds, NormanMcInnes, JamesThompson, Dr. Alan (Dunfermline)
Donnelly, DesmondMcKay, John (Wallsend)Thornton, Ernest
Dugdale, Rt. Hon. JohnMackie, John (Enfield, East)Thorpe, Jeremy
Ede, Rt. Hon. C.McLeavy, FrankTimmons, John
Edelman, MauriceMacMillan, Malcolm (Western Isles)Tomney, Frank
Edwards, Rt. Hon. Ness (Caerphilly)MacPherson, Malcolm (Stirling)Warbey, William
Edwards, Robert (Bilston)Manuel, ArchieWatkins, Tudor
Evans, AlbertMapp, CharlesWeitzman, David
Fernyhough, E.Marsh, RichardWells, Percy (Faversham)
Finch, HaroldMayhew, ChristopherWhite, Mrs. Eirene
Fletcher, EricMellish, R. J.Whitlock, William
Foot, Michael (Ebbw Vale)Mendelson, J. J.Wilkins, W. A.
Forman, J. C.Millan, BruceWilliams, D. J. (Neath)
Fraser, Thomas (Hamilton)Milne, EdwardWilliams, Ll. (Abertillery)
Gaitskell, Rt. Hon. HughMonslow, WalterWilliams, W. R. (Openshaw)
Galpern, Sir MyerMoody, A. S.Willis, E. G. (Edinburgh, E.)
George, LadyMeganLloyd(Crmrthn)Morris, JohnWilson, Rt. Hon. Harold (Huyton)
Gooch, E. G.Moyle, ArthurWinterbottom, R. E.
Gourlay, HarryMulley, FrederickWoodburn, Rt. Hon. A.
Greenwood, AnthonyNeal, HaroldWoof, Robert
Grey, CharlesNoel-Baker, Francis (Swindon)Yates, Victor (Ladywood)
Griffiths, David (Rother Valley)Noel-Baker, Rt. Hn. Philip(Derby,S.)
Griffiths, Rt. Hon. James (Llanelly)Oliver, G. H.TELLERS FOR THE NOES:
Griffiths, W. (Exchange)Oram, A. E.Mr. Redhead and Dr. Broughton.
Grimond, Rt. Hon. J.Oswald, Thomas

Bill accordingly read the Third time and passed, with Amendments.

ROAD TRAFFIC BILL [ Lords]

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

Clause 2.—(EVIDENCE ON CHARGE OF UNFITNESS TO DRIVE.)

7.10 p.m.

I beg to move, in page 1, line 25, at the end to insert:

(2) If it is proved that the accused at the time of his driving or attempting to drive or being in charge of a motor vehicle had more than such proportion or quantity of alcohol contained in his blood or present in his body as may be prescribed by regulations made by the Minister, such proof shall be conclusive evidence that the ability of the accused to drive properly was for the time being impaired.
Clause 2 provides for blood, urine or breath tests to ascertain the quantity of alcohol in the blood when a person has been accused of driving under the influence of drink. The test is to be voluntary and taken under safeguards. Nevertheless, if anyone refuses to undergo the test, that fact may be used by the prosecution during the court hearing of the case. This is the first time that any such provision has been embodied in the legislation of this country, although it is familiar in the road codes of other countries including the United States of America and Scandinavia. From evidence which has been collected there is little doubt that this provision, as it exists in other countries, helps to lessen the number of road accidents.

In this country there has been a remarkable change in the attitude of people towards drivers who drink. Only a few years ago, judging the police figures, the feeling was prevalent that the number of accidents due to people driving while under the influence of drink was not very large. In recent years we have come to realise, or most of us have, that this figure occupies a more prominent place than we had imagined in the statistics relating to drunkenness. The death toll on the roads, particularly at Christmas time —in 1959 the figure was astonishingly high and startled many people—has brought this home to us. Between closing time for public houses at night and midnight is the peak period for road accidents and it is not unreasonable to assume a connection between that and the accident figures.

At least three or four inquiries have been carried out into the cause of accidents and into the number of accidents due to drink. Dr. Spriggs, a Leicester police surgeon, and other doctors have carried out inquiries. Work has been done by the Road Research Laboratory. The British Medical Association has carried out extensive inquiries, and its findings have been published. The Home Office recently published figures which underline what I am now trying to emphasise.

I wish to refer to figures relating to driving while under the influence of drink taken from the result of an inquiry conducted by the Christian Economic and Social Research Foundation. Details were taken from 73 police districts. It was found that the figure for 1961 indicated an increase of 15 per cent. over that for the previous year. The figure for 1960 showed an increase of 40 per cent. over the previous year. The figure for 1959 was higher by nearly 20 per cent. than that for 1958 which, in turn, was 8 par cent. more than the figure for 1957. There has, therefore, been an increase in the number of convictions. I say "convictions" because it may well be that other drivers who were proceeded against were not convicted. These figures are very disturbing. They indicate that every five or six years the number of convictions doubles, whereas it takes nine to ten years for the number of licensed vehicles to double. We must take that into account when considering this problem.

7.15 p.m.

I have referred to the exhaustive and careful inquiry carried out by the British Medical Association, the report on which was published under the title "Relation of Alcohol to Road Accidents." The Association has been accepted by the Ministry as a worthwhile organisation whose evidence can be accepted. It is stated in the report:
"The Committee is satisfied that the official returns for accidents caused by drivers who have taken alcohol underestimate very considerably the number of accidents due to this cause."
I wish to emphasise that point, because it shows what many people now realise, the extent to which drink plays a part in road accidents. If we desire—as I know the Minister does—to try to lessen the astonishing and tragic number of road accidents, we cannot leave that factor out of account.

So far as possible, we must provide for it in legislation even—I say this deliberately—if that means the curtailment of some of the freedoms and liberties which we now enjoy. It is quite wrong that just a few people—I suppose that it is, relatively speaking, a few— should be so thoughtless about the welfare of others that they drive on the roads when they know that they are incapable of having proper control of the vehicle of which they have charge because they have been drinking. It would seem that it has been definitely established and accepted that a substantial proportion of road accidents are due to drivers being under the influence of drink, or pedestrians being under the influence of drink. I emphasise that because the more one examines the figures the more obvious it becomes that pedestrians who have been drinking are sometimes more to blame than drivers.

The Government have recognised this and provide for a test to be carried out to establish the percentage of alcohol in the blood of a person who is under the influence of drink. That is a good thing. But no percentage has been laid down to which reference may be made when judging whether an offence has been committed. There are, therefore, no "teeth" in this proposed legislation and I hope to persuade the Minister and the House that it is not sufficient unless something is done to provide the courts with a yardstick which may be employed in judging such matters.

It may well be that the Minister has a good reason for not including a toleration limit in the Clause and, if so, I shall be interested to hear it. Those who have considered this matter and are qualified to speak upon it are almost entirely in favour of a percentage figure appearing in the Clause. Practising barristers and solicitors have indicated that they are in favour of a percentage figure being stated. We have heard from my hon. Friend the Member for Salford, West (Mr. C. Royle) who is connected with it, that the Magistrates' Association is definitely of opinion that a figure should be inserted in the Clause. My hon. Friend gave assurances to this effect during the Committee proceedings. The Research Committee of the British Medical Association considers that a figure should be indicated. It says in one of the conclusions of the report at page 33:
"The Committee believes that a substantial reduction in the number of accidents caused by alcohol has been achieved where it has been made an offence to drive a motor vehicle when the concentration of alcohol in the tissues can be rapidly and accurately estimated."
I read into that, and I hope it is a fair paraphrase of the conclusion, that in the view of the Committee it is essential that figures should be in the Bill in order to judge accurately and to get a proper estimate on which the courts could act. The question arises as to what concentration the Medical Research Association's Committee suggests as reasonable. When we dealt with this matter in Committee upstairs a number of various views were expressed about the percentage which should go into the Bill if we could persuade the Minister to put in a figure. I would be very largely guided by him, but I think that some figure should go in, even if from experience later we find that we should alter it.

Another conclusion of the Research Committee is:
"The Committee considers that a concentration of 50 milligrams of alcohol in 100 millilitres while driving a motor vehicle is the highest that can be accepted as entirely consistent with the safety of other road users."
That is 1 to 1½ pints of beer, or a double whisky. It does not seem much, but it is the Committee's conclusion. The Committee is composed of independent medical men who have no axe to grind and, so far as I know, none of them is a teetotaller. They have looked at this matter objectively and these are their conclusions. They say:
"While there may be circumstances in which an individual driver's ability will not depreciate significantly by the time this level is reached, the Commitee is impressed by the rapidity with which deterioration occurs at blood levels in excess of 100 mg/100 ml."
That is about 2½ pints of beer or two double whiskys. The report goes on:
"This is true even in the case of hardened drinkers and experienced drivers. The Committee cannot conceive of any circumstances in which it could be considered safe for a person to drive a motor vehicle on the public roads with an amount of alcohol in the blood greater than 150 mg/100 ml."
That is equal to four pints of beer or three double whiskies. Often one reads of cases in courts where individuals have confessed to drinking that much and more and yet have protested violently that they were still capable of driving a motor car and were not under the influence of drink.

As hon. Members will have noticed this Amendment does not put in any figure. We provide for the Minister to prescribe by regulation the percentage of alcohol which may normally be accepted as safe. We hope that a provision of this kind will avoid the criticism which undoubtedly would arise if figures were put in. Some hon. Members would think that the figures were too high while others would think that they were too low. We leave it to the Minister to decide. If the Amendment were accepted, the Minister would be left with elbow room to bring in the provision as and when he felt able so to do and also to prescribe by regulation what the percentage should be. It would also give him power to alter that percentage as experience demanded.

The proposal has other advantages. It would help to bring uniformity into the administration of our laws. As hon. Members know, courts vary in the way in which they treat the drinking driver. If a percentage were definitely laid down by the Minister in the Act it would provide for uniformity, which I think all of us regard as desirable. It would also help to solve the difficulty of a time lag between the arrest for an offence and examination by a police surgeon.

A couple of months ago I saw in the Sunday Times a report of a case which had been brought before one of the metropolitan magistrates. A constable had arrested an individual at 2.25 a.m. and the police surgeon did not see the person arrested for an hour, an hour and a quarter or an hour and a half afterwards. The police surgeon said that he was of the view that the man was not drunk, but the magistrate—rather un-sually perhaps because others do not take the same view of these cases— came to the conclusion that what he had to look at was the evidence of the police constable about the time when he arrested the man and not at the evidence of the police surgeon who saw him an hour or an hour and a half later. If we put a percentage into the Bill it would avoid that kind of difficulty.

It would also obviate the need for police surgeons' tests. Some people find some of those tests amusing, and undoubtedly they are. Some people find them somewhat out of date, and undoubtedly they are out of date. If the Amendment were accepted it would obviate the necessity for a test by a police surgeon some time after the arrest. In Committee we heard a great deal about the magistrate or the court having to rely on the word of the constable who arrested the individual. It was thought that sometimes a police constable might be rather unfair in what he said in his evidence. If a definite percentage of alcohol is laid down and the breathalyser is implemented or other tests visualised in the Clause are used, the evidence will be conclusive one way or the other. What the constable said would not be the final word on the matter.

I hope I carry the House with me in saying that the Amendment would meet the difficulties which arise, and which I know worry the Minister, about juries. Juries are human like the rest of us. They do not like to convict a man for drunken driving if they can help it. I have one or two cuttings with me and some of them are rather astonishing. I do not want to inflict all of them on the House, but I shall refer to some of them.

One is from the Daily Mail during June. It is about a very well-known champion snooker player who had drunk the equivalent of six large whiskies. He appeared before a quarter sessions court which, curiously enough, acquitted him. The nub of the report is that he was a champion snooker player and he told the court:
"One has to be accustomed to drink. It is part and parcel of my job. After a match I'm expected to drink and chat with people. But I do not drink before a game. Snooker requires clarity of eye and steadiness of hand."
It obviously never occurred to him that driving a motor car, particularly in dense traffic, requires the same attributes, namely, clarity of eye and steadiness of hand.

7.30 p.m.

These cases can be multiplied. I have another here, the case of Dryden against Johnson, reported in The Times last year. Here, the divisional court allowed this appeal by the prosecutor from a decision of the Tunbridge Wells borough justices, who had dismissed a charge against the defendant. He was accused of driving while under the influence of drink and was acquitted by the borough magistrates, although the case obviously had been proved right up to the hilt.

The Lord Chief Justice said that he just did not understand the justices' decision, which was thoroughly perverse. The defendant was seen by a police officer driving into a car park at ten minutes past midnight. He got out of his car with some difficulty, was unsteady on his feet, his breath smelt of drink, he was swaying and his voice was slurred. He confessed that he had had a couple of pints and two whiskies. A police doctor examined him and found that he could not articulate properly, staggered, was unable to stand, wrote illegibly and could not walk in a straight line.

A test showed that he had had a minimum of five pints of beer and five double whiskies, and the concentration of alcohol was very high. At 3 a.m. he was asleep in his cell and could not be roused. Yet the Tunbridge Wells borough magistrates as I say acquitted him, and the case was taken to a higher court where the Lord Chief Justice and those sitting with him ordered that the case should be sent back and the man convicted.

These are cases which all of us could multiply, because we meet them very often. It is one indication of the humanity of juries. They feel as we say, "There but for the grace of God go I." If the proof were taken completely out of their hands and embodied in legislation, as has been done in other countries, I am sure that it would be all to the good.

I emphasise that we all look upon this Bill as a road safety measure. That being so, we cannot shut our eyes, with the vast increase of traffic and the rising number of convictions of drunken drivers, to the need for drastic action. As I have said more than once in the last twenty minutes, the facts cannot be disputed. I remember that a little while ago the ex-Minister of Housing, who was once well known as the Radio Doctor, said:
"No one drives better after a drink. He just thinks he does. The plain fact, long proved, is that alcohol even in moderate doses does two things. First, it lowers driving efficiency by lengthening the reaction time—the interval between seeing the danger and acting to avoid it. Secondly, it reduces one's capacity for self-criticism, so exaggerating one's satisfaction with oneself. It over-eggs the ego."
The Minister of Transport has gone on record more than once to indicate that he believes that these tests are useful. A year or two ago he visited America and, as one would expect of him, he paid a great dead of attention to what they did to avoid accidents on the road. When he came back at a Press Gallery lunch, as I well remember, he said that when he visited America he was impressed by the fact that in Chicago, although cars had doubled in ten years, deaths had been cut by half owing to stricter tactics. He said that in Detroit in three years deaths had been reduced by 90 per cent.—and there they had the breathalysers.

We are to have the breathalysers, and I ask the Minister to realise that a great responsibility rests on him. None of us wants to harry the ordinary moderate drinker, but people must realise—and the sooner all realise it the better—that one cannot drink, that is have a convivial evening—and then drive home afterwards. I believe that the Minister himself has said that when he and his wife go out, one drives and the other drinks. Friends of mine, who are well aware of the risks of driving when they have been drinking, always take it in turns to keep completely sober so as to drive the other without risk. We have to educate the public on this matter; to make it quite plain that Parliament means it when it says that drinking and driving do not go together.

I say right away that I wholeheartedly support the Amendment which has been moved by the right hon. Member for Colne Valley (Mr. Glenvil Hall). I will support him to this extent—that if, after the end of the debate, my right hon. Friend the Minister is not utterly convinced that it is right to include this Amendment in the Bill, I will join the right hon. Gentleman in the Lobby in which he goes. I am convinced that this is the right thing to put into the Bill, and I base my argument, as did the right hon. Gentleman, on the B.M.A. report.

I remind my right hon. Friend that in Committee it was said on many occasions that the Government accepted this report—at least, accepted its scientific findings. It may be that the Government have not made up their mind how to apply this scientific evidence in law, but at least we have it on evidence that they accept the scientific findings of the report. I make no apology for referring in detail to this matter in the words as they are set out on the report:
"On the basis of the evidence examined in the preparation of this Report, the Committee is satisfied that a concentration of 50 mg./l00 ml. of alcohol in the blood of the driver of a motor vehicle is the highest that can be accepted as consistent with the safety of other road users."
To translate that into the normal results of drinking, it means 1½ pints of beer to a man of 11 stone As I weigh a good deal more than that, I suppose that I can have two pints. It varies with the weight of the individual, but on the average it is about 1½ pints.

The report continues:
"The Committee is aware that other considerations will have to be taken into account, not least the question of liberty of the subject, and it is here concerned only with the presentation of the scientific evidence."
It is the scientific evidence which the Government have stated that they accept.
"A compromise would appear to be inevitable between these considerations and the indisputable evidence of the danger to other road users when a car is driven by a person with more than 50 mg./100 ml. concentration of alcohol in the blood. The Committee wishes to emphasise that it is impressed by the evidence of the rapidity with which driving ability deteriorates, even in the most hardened drinkers and in the most experienced drivers, at concentrations of alcohol in the blood in excess of 100 mg./l00 ml."—
which is approximately three pints to an 11-stone man.

That raises a point which has arisen again and again in our discussion, whether the hardened drinker becomes immune to the effects of alcohol. On several occasions we have been asked to consider the teen-age girl who has a sherry as compared with the hardened drinker. There is a confusion of two points here. It is true that if food is taken with drink, particularly if fatty substances are eaten, not so much alcohol is absorbed into the tissues. That is irrelevant in the test of alcohol in the tissues. It has not been absorbed. It is the amount which has been absorbed into the tissues which affects the reactions, which makes a driver over-confident, which makes someone a bad driver. The taking of food does not matter.

As to the supposed immunity of the heavy drinker, it has been proved that there is very little difference between the effect of alcohol on someone who is used to drink and its effect on someone who is not used to drinking. Someone who is used to drinking, who is quite a hard drinker, may be able to carry it off a little better, but that does not mean that he is any better driver when he has had the drink. Professor Drew says:
"It had frequently been argued that the regular heavy drinker developed an immunity, but the evidence did not support this."
The argument of the teem-age girl with a sherry has befogged the issue to some extent.

So, I think, has the breathalyser. I rather wish the breathalyser had never been mentioned. We do not need to rely on the breathalyser as a test. Blood and urine tests have been used very successfully in the past. We shall probably get an efficient breathalyser in due course, and then we can use it. However, we ought not to wait until one is devised before giving the Minister power to lay down what I call a drink limit. That drink limit can be tested by blood or urine just as well as by breath.

In Committee the former Minister of State for the Home Department made great play of the difficulty of obtaining urine. I will not say that I do not believe the difficulties he mentioned, but I do not believe the strength of the argument. In Glasgow the urine test has been used over a period of years very successfully and hardly anyone has been unable to comply with it. Glasgow gets a high percentage of convictions for drunken driving, because there is then the definite fact of a quantity of alcohol in the tissues, as shown by the urine test.

I should have thought that most people when asked to provide urine are able to do so. We need not worry about compulsion. The Amendment does not make any compulsion. It merely provides that if this amount of alcohol is in a person's blood that person is deemed to be unfit to drive. I do not think that we need a compulsion Clause at all, because in the few cases in which there might be deliberate refusal to provide a sample of blood or urine we could use the rest of the Clause which has already been inserted into the Bill to the effect that a refusal to provide a specimen may be treated as supporting evidence. That is sufficient compulsion. We need in the Bill the power for the Minister to lay down a drink limit.

I do not see how my right hon. Friend can escape the logic of this. Clause 1 contains a now definition of "unfit to drive". The Clause says:
"a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired."
In view of what I have read from the B.M.A. report, how can it be argued that a man who has 50 mg. of alcohol per 100 ml. of his blood is fit to drive within this definition? How can at be argued that his ability to drive properly is not impaired?

7.45 p.m.

It may be that a higher limit should be specified in Regulations, but if there is a limit it will be a deterrent to those who drive. At present the law completely fails in laying down any deterrent to the drinking driver. It does not set any limit for him. If a limit were set it would act as a deterrent to drinking and driving. The law at present fails to prove impairment. Even with the new definition, I am sure that an efficient counsel will still be able to persuade a jury that a man whom the ordinary man in the street would call drunk in his driving is not drunk at all. Many quarter sessions do not know what it is to convict for drunken driving. Accused are always let off. If we lay down a drink limit, the drunken driver will receive his deserts.

Some people may say that the offending motorist is not a criminal and that if an accident occurs it is not wanton or wilful law breaking but just carelessness on the part of a driver. What is most likely to cause the driver to be careless? What is most likely to give him over-confidence, to cause him to be inattentive to his driving, to cause slowness in reacting and that sleepy feeling at the wheel? The answer is drinking before he drives. That is the most likely way to become inattentive on the road. Do let us give some lead in the Bill. Surely we owe it to those who have suffered from the drinking driver. Indeed, many have suffered.

The right hon. Member for Colne Valley gave some figures. This question has been studied, as reported by the B.M.A., by a number of scientists. The scientist, Miss Jeffcoate, demonstrates that after 10 p.m. 62 per cent. of deaths occurring on the roads are due to drunkenness. She shows that at other times 17 per cent. of all accidents are due to drunkenness.

How many fatalities in the figure of 62 per cent. occurred to pedestrians who, having come out from public houses, were involved in accidents?

That question is not quite worthy of my hon. Friend. I have said in the House on many occasions that I would have a Clause in a Bill of this sort penalising the drunken pedestrian just as much as the drunken motorist. I ask my hon. Friend to refer back to a Private Member's Bill which I introduced and which received a Second Reading, which contained a penalty for drunken pedestrians as well as for drunken drivers. An examination of the figures of pedestrians who are killed on the road shows that certainly after 10 p.m. the great majority of pedestrians who dies on the roads are suffering from drink at that time. I draw no distinction between the drunken pedestrian and the drunken motorist, except that if we can deal with the drunken motorist, who wields a lethal weapon, we are at least dealing with something which will immediately save lives on the roads.

Will my hon. Friend tell me in what way the question I addressed to him, which was a perfectly proper question, was unworthy? I was not trying to score a point. I was asking for information.

I rather hoped that my hon. Friend knew of some of the debates which we have had in the House on road safety over the past ten years. On those occasions it has been frequently said that the drunken pedestrian is just as much to blame as the drunken motorist, and I say it again now. I do not think that it is too harsh to say, though, that if a man takes a car on the road he should know how much he can drink and it is no hardship to say that if he does not know that he drives at his own risk of committing crime on the road.

I again ask my right hon. Friend the Minister to reconsider this matter. We have debated it for a long time in Committee, when the right hon. Member for Colne Valley sought to fix the limit within the Bill. Now, he and I are ready to let the Minister fix the limit on the scientific facts—but a limit there ought to be. Unless we have a limit, we shall make no real progress in preventing deaths on the road caused by the drunken driver.

I do not for a moment wish to destroy the present harmony. I think that the Minister himself will recognise that the varying shades of thought on whether or not a limit should be written into the Bill has been finalised in this Amendment which, in principle, asks us to live in this era, legislatively, and to give the courts a Plimsoll line for the recognised test.

In ten years, the number of proved cases of drunkenness in general has risen from 15 per 10,000 people to over 20 per 10,000 people—a 33 per cent. increase. In narrower terms, Home Office figures show that in 1960 4,347 people were found guilty of driving under the influence of drink or drugs, and that in 1961 the figure was 4,940. Convictions increased by 14 per cent. in twelve months. I accept at once that there has been an increase in the number of motor vehicles on the road, but I hope that none of us will seek to argue that the number of offences should go up pro rata.

We are here directing our thoughts not only to vehicles that are here for our pleasures and our utilities but to the serious problem of driving under the influence of drink or drugs. In fairness, I should add that convictions of those in charge of a vehicle increased by only 4 per cent.

The heart of this Amendment is the work of the magistrates. An accused motorist has certain choices before him. The physical movements of the accused having led the police officer to think that there is a case of impairment, he asks the motorist whether he is willing to accept some form of test. Under the Bill the motorist has complete choice, and the Amendment does not seek to alter that. He can either accept the test, or, for his own special reasons, he cam refuse it.

Let us move now to the courts—an atmosphere with which, as a magistrate, I have known fairly intimately for ten or fifteen years. The bench will be faced with two propositions. The first is the evidence dealing with the movements of the individual, the motion of the car, and all the circumstances leading to the police officer thinking that there was some impairment due to drink or drugs. The second is that the man has refused to have a test. The magistrates will weigh the evidence of the physical movements of the car and of the individual, and will also have to take into account the fact that the defendant declined to take a test. In the absence of a convincing explanation of his refusal of a test the bench will draw certain conclusions.

That is all quite fair, but we now move to the real difficulty, which arises when the result of a test is brought in. It is in that area that the Bill is deficient. At present, the analyst or other professional man will either cause to be sent to the court, or will himself produce, evidence of the results of his examination. As the law is now likely to be drawn, the magistrate will not have any yardstick or Plimsoll line by which to assess the consequential effects of the quantity of alcohol found to be present in the blood.

There are hon. Members on both sides who know full well that, in that uncertain position, the courts will be addressed by the defendant or his counsel over the whole area of the credibility of the consequential figure. As instanced by the hon. Member for Crosby (Mr. Graham Page), it can be pointed out that as the defendant is of considerable physical size the quantity of alcohol found to be in his blood at the time is of less consequence than it would be to someone smaller.

A second argument could be that the defendant had not had a meal for a number of hours, resulting in the drink consumed having an undue and unexpected effect to the extent that there were reasons and circumstances why the line before the courts should not be accepted. Thirdly, it may be said that the man had had a worrying day, that he was mentally exhausted, and all the other kinds of argument to which magistrates have had to listen for so many years.

Further, there will be differing points of view among the magistrates themselves. I am myself a motorist, and I hope that I am sufficiently broadminded to see beyond my own personal interest, but it is not fair to put on magistrates this area of fact that the Bill will establish, namely, to arrange that the court shall be apprised of the result of the test, but fail to give it any guidance at all as to the assessment of the extent of the impairment of the average man. It is because of that that I ask the House to appreciate the unfair position in which the courts and magistrates are being placed. We should, in a liberal manner, cause a reasonable figure defining the proportion of alcohol in the blood to be written into the operation of the Bill.

8.0 p.m.

Throughout our discussions on the Bill hon. Members have appreciated that they cannot have the last word and that even the Minister—although in this field I would give him a large measure of my trust—cannot have the last word. Only by Regulation can we achieve our aim to enable the right hon. Gentleman to obtain such advice as is available to him, from other Government Departments and the professions. The right hon. Gentleman could write into the regulations even a very high figure if he wishes. The figure of 100 mg./100 ml. which has been suggested is, I suppose, travelling near to the danger mark. The figure of 50 mg./100 ml. appears to be preferred by the profession. I would be prepared to compromise at 70 mg./ 100 ml. or 80 mg./100 ml. and I am sure that the Minister, in his heart, knows that this is the right course to take.

I urge hon. Members to realise the difficulties in which the courts and magistrates find themselves. When adjudicating on this type of case they do not want to have to seek out precedents or discover what is happening in other courts. That is what will happen if we do not provide in the Bill the sort of proposal contained in the Amendment. The courts will, unless we act, wait to see the yardstick in operation elsewhere. The Minister should, therefore, begin with a figure which will result in a process of educating motorists so that deaths on our roads can be reduced. The Amendment provides the best kind of British compromise and I believe that every hon. Member supports it.

Without wishing to curtail the discussion or intending any discourtesy to hon. Members who feel strongly on this subject, it might be for the convenience of the House if I were at this point to indicate the Government's view on the Amendment. I do so apologetically because this is the first time I have intruded on the Bill. I apologise for introducing yet another Ministerial voice and I apologise also if I have to traverse again, because I have not been able to read the entire proceedings at the earlier stages, the ground which has been covered before.

I have mo desire whatever to minimise the gravity of the offence of drunken driving. This is common ground to us all. I agree with almost all the general arguments I have heard in the interesting speeches made by the mover and supporters of the Amendment. I agree with practically everything but their conclusions, and I hope that the House will allow me to explain briefly why this is so and to address myself to two points which are raised in my mind by the Amendment.

The first is the considerations which have led the Government in the past—and this is still the Government's view—to reject at the present stage of development any statutory limit to the concentration of alcohol in the blood, whether embodied in the Bill or by later Ministerial Regulation. The second is whether it would be right, in any case, to leave that level to be fixed by the Minister at a later date. Regarding the first, the Amendment resembles Amendments which were moved at earlier stages and, indeed, one which my hon. Friend the Member for Crosby (Mr. Graham Page) moved on Report, although it was not selected, in this important respect of incorporating the idea of a statutory level of alcoholic consumption.

I mention this to show that this idea has been fully canvassed. I have gone fairly extensively through the OFFICIAL REPORT of the Committee proceedings and it is clear that it has been fully considered, that it has been rejected by both Houses already and that it would be very late at this stage of the Bill for Parliament to change its mind on such a fundamental issue. Nevertheless, I think it right to say something on the general arguments concerning a statutory limit.

I think it would be convenient to take a specific figure although the Amendment does not specify one. The figure proposed by the hon. Member for Crosby could well be the sort of figure that would reasonably be written into a Regulation if one were to be made, so I will take his figure of 100mg. of alcohol in 100ml. of blood which, I am told, represents in the average case two-and-a-half to three pints of beer or five or six small whiskies. These observations will apply to other figures but I am sticking to this one at the moment and I will come later to the effect of my argument on either raising or lowering the figure.

The ability of some people to drive properly can be impaired even with a lesser proportion of alcohol in the blood. I think that this is common ground. If a particular proportion such as this is fixed by the Bill or the Minister it may become difficult afterwards to get convictions of anyone who is found to have a lesser concentration of alcohol in the blood. That is not the intention of the mover of the Amendment but both the right hon. Member for Colne Valley (Mr. Glenvil Hall) and the hon. Member for Crosby have drawn attention to the fact that human nature does not always conform strictly to the intentions of the legislators.

Hence one of the troubles of fixing a statutory level is that once it is fixed and embodied in the law or in a regulation —whether as an absolute indication of fitness to drive or as strong supporting evidence one way or the other—the consequence may be that some courts will tend to take that particular concentration as the criterion of whether or not an offence has been committed.

This leads me to my second observation. As I have said, the proportion we are speaking of is equivalent to five or six small whiskies. Once it becomes known—and it is inevitable in the nature of things that it would become known— that a driver has a fair chance of getting off if it is shown that the proportion of alcohol in his blood is less than that, then the idea could very easily get around that it is all right to have two, three or even four whiskies, which is less than the average level, but that would certainly be far too great a consumption of alcohol in a large number of cases. This might lead, in some sectors of the population, to an actual increase in dangerous driving.

My third observation is that once the idea gets around that one will be convicted merely because one is shown to have a certain concentration of alcohol in one's blood, people will (refuse to take the tests because they will think that they have a better chance of acquittal— they may think it their only chance of acquittal—if they refuse to take the chemical tests. My hon. Friend the Member for Crosby referred to only a few refusing to do that. I greatly fear that under this proposed Amendment the number of drivers who did refuse to do so might rise to a very high proportion of these cases. These tests are not compulsory under the Bill, and the only way to overcome these difficulties would be to make them compulsory.

My hon. and learned Friend the former Minister of State, Home Office, argued at considerable length in Committee that fixing a proportion of alcohol in the blood would necessarily lead to compulsory testing, and I am bound to say that I find has argument persuasive. I think it is corroborated, for what it is worth, by the experience of certain other countries to which reference has been made in debate. For instance, in the United States it is, I believe, in some of the States, though not all, conclusive evidence; that is to say, a given proportion of alcohol in the blood is taken in the courts as conclusive evidence. But in the United States testing is compulsory. When application is made for a driving licence in the United States one has to sign an undertaking that one will submit oneself to a test if required to do so.

Exactly the contrary is the case in Sweden. The proportion of alcohol in the blood is not conclusive in the courts and there is no compulsion to take a test. I think there is inevitably a connection between these two things. Either we make the proportion conclusive and the test compulsory, or we do not make the test compulsory and we do not make a given proportion of alcohol in the Wood conclusive.

I am not going to repeat all the arguments that my hon. and learned Friend marshalled in the Committee, but I have very carefully considered them, and two of them in particular have struck me as cogent. One is the argument about public opinion. Public opinion is different in every country. One cannot argue from the experience of one country to another in this context. There is a genuine doubt in this country whether the requirement that a suspected driver should be compelled to submit to a test would be acceptable to our public opinion. I think it can fairly be argued that this would be looked upon as an infringement of the traditional rights of the individual in this country.

Secondly, there is the practical problem to which attention has already been drawn. There are, in fact, three kinds of tests that could be applied—the blood test, the urine test and the breath test. I need not go over the details of how these things are done, but it is, I think, accepted that blood can only be taken from a suspected offender by a doctor. It is repugnant to many people, and I think it would be repugnant to many doctors, that it should be compulsory.

The urine test, I am told—I speak without experience—may present physical difficulties or even physical impossibility. Some say this is so; some say it is not. I can only speak on the best advice that I have received, which is that it may present physical impossibility and a suspect might very easily purport to be physically incapable of providing a specimen. There, therefore, remains only the breath test—

8.15 p.m.

Before my hon. Friend leaves that point, may I point out that I mentioned the tests in Glasgow where a very small proportion have refused or have been unable to participate in the urine test? I should like to have had the figures produced on that, because I am informed that in Glasgow a very high proportion have taken part in the urine test without any difficulty at all.

I apologise for not having the figures for urine tests in Glasgow to present to the House, but it seems to me that if we were to make them compulsory we might merely increase the number of spontaneous and perhaps non-genuine refusals.

To come to the last of the three possible tests, which is the breath test, it is certainly common ground that the practical disadvantages would disappear if a wholly reliable and accurate device were available. It is commonly called a breathalyser which is, I think, a proprietary name. I do not like it very much, but it is the only name we have got to use. I saw one today and I am bound to say on first inspection that the model which I saw—which is obviously susceptible to improvement, although it may well be perfectly accurate—struck me as being very far from perfectly reliable. According to the best advice which the Government have received, there is no breath testing instrument yet that is sufficiently reliable to justify the Government in asking the courts to accept the results as wholly reliable evidence.

As was explained by the then Minister of State, the Government have asked the Medical Research Council to carry out an investigation into the reliability and accuracy of the available instruments. This investigation is not yet complete, but we shall be guided by it when it is. The Government, in fact, at this moment cannot regard it as established until the Medical Research Council investigation is completed that the accuracy of such machines can be accepted. The arguments that I have so far been using apply to one specific figure of 100 milligrammes an 100 millilitres of blood.

Would my hon. Friend enlighten the House? He has been speaking against the advisability of laying down any kind of figure. I appreciate that argument. But would he say what happens at the moment? Presumably when a doctor suggests that urine or blood should be taken, there is some kind of datum line. Does that vary from county to county?

I must apologise. I cannot answer that question without notice, but I will certainly communicate with my hon. Friend.

Is the hon. Gentleman aware that in the City of Glasgow the chief medical officer to the police lays down a figure of ·2 per cent., which is even higher than in Sweden, and he makes the categorical statement that the percentage of convictions in such cases varied from 91 per cent. to 94 per cent. Surely the Glasgow experiment has got to be examined in the light of those figures?

Certainly we shall always be glad to examine experiments in Glasgow. It does not come under the responsibility of the Home Office, but that is not the sort of evidence that would be overlooked.

The arguments I have so far been using apply to one specific figure, 100 mg./l00 ml. If one took a higher figure, most of these arguments would still apply, and some of them would apply even more strongly. If a much lower figure were fixed, say, 50 mg., the figure quoted in the B.M.A. report, it would follow, I think, that some people would be convicted on the basis of such a figure who were not really unfit to drive in the ordinary sense of the word at all I feel that this argument is inconsistent with the data given in the report by the B.M.A.

Surely the test is no longer simply whether someone is unfit to drive but whether someone's ability to drive is for the time being impaired, which is a different test from the one which the Minister has just enunciated.

I accept the verbal correction, but I do not think that it alters the argument. It would certainly follow from the proposed Amendment that some people would be convicted although fit to drive because under the Amendment, once a concentration is so fixed, the chemical evidence would then be conclusive. This would make it very difficult for the Minister to take the risk of erring on the side of fixing a low proportion if he had the responsibility of deciding the figure himself. I think that this is one reason among several which makes it very questionable whether this responsibility should be left to the Minister to discharge at a later date.

The discussions in Committee and in the House now have shown that many very important considerations turn on the precise level fixed. Surely, if it ever comes, the creation of a new offence, which is what it comes to, or, at least, an important constituent part of an existing offence, ought to be debated in Parliament with knowledge of all the relevant facts including the accuracy of the instruments available, which is a subject on which we do not yet have precise information. Parliament, not the Minister, should then take the responsibility of deciding the proportion. Parliament should debate at one and the same time the nature of the offence, the evidence for the offence, the sanction behind the tests and the statutory level if one is to be fixed.

I must make the final point, which is not a mere quibble, that the Amendment would involve a radical redrafting of the opening Clauses of the Bill which are based on voluntary tests and do not treat the result of those tests as conclusive evidence. One cannot just keep Clause 2 as it stands, add these words to it and make sense of the result. These ate the reasons why the Government still oppose a statutory level, but I emphasise that, even without it, Clauses 1 and 2 represent a real step forward by improving the definition of the offence and by encouraging, though not imposing, the use of chemical tests. We believe that an experimental stage by stage approach is preferable to a ruthless and theoretical one. We believe that it is important that public opinion should be behind this law, and we do not believe that it would be behind the Amendment.

Recognising that many hon. Members disagree, I hope, nevertheless, that we can fairly quickly bring this matter to a decision in the hope of getting this very important Bill through the House in a reasonable time.

I agree with the concluding words of the Undersecretary of State. We discussed this matter for, I think, two or three sittings in Committee. The arguments are well known. People feel very strongly about it, but I doubt that many new arguments will be produced on the Floor of the House which were not produced in Committee.

I am not surprised at the hon. Gentleman's speech. I realise that, although we have had a new voice this evening, we have had the same brief, the one which the Home Office gave to its Minister in Committee. The Department's case, though understandable, is not a strong one. The first thing which the House must appreciate in dealing with this matter is the seriousness of drunken driving. Hon. Members must appreciate that a very high proportion of the accidents on our roads arise because someone—in nine cases out of ten, I suggest, it is the driver—is drunk. I do not want to waste the time of the House in producing evidence to support that statement, but there is ample evidence in the report by the B.M.A. and the evidence of experience in the United States. All that evidence goes to the same conclusion, that of accidents which take place late at night, after ten o'clock, probably at least half arise because someone—in most cases, the driver of the car—has had too much to drink. The evidence for that is stated at some length in the report by the B.M.A.

Further, there is ample evidence to suggest—again, I do not wish to quote it, but I will if challenged—that probably about 10 per cent. of all accidents arise because someone concerned, usually the driver, has had too much to drink. Translated into terms of death and serious injury on the roads, that means that probably 700 people a year are killed and about 8,000 people are seriously injured because someone driving a car has had too much to drink.

What we are discussing here is the lives of 700 people a year and serious injury caused to 8,000. The question is whether we should take a very tiny step such as that proposed by the Minister in the Bill or do something admittedly much more drastic but, I think, effective while we have the Bill before us in order to tackle this serious social problem, a problem which is causing great distress every year among thousands of families, great loss of life and an appalling number of human tragedies throughout our community. If we accept these figures—I do not think that they are controvertible—the question is to what extent should we take steps which hitherto have been unorthodox in this country but which have been accepted and operated with great success in other countries to deal with this problem. That is not to say that I believe that we shall be able to eliminate all the accidents which arise because the people involved have been drinking, but a large proportion of them and, it may be, save seven hundred lives a year.

If we are to regard the problem from that point of view as serious, I think that we must come to the conclusion that something far more drastic must be done than is proposed in the Bill. Let us consider the case against this Amendment. I shall not repeat the arguments in favour, because they have been very well put by my right hon. Friend the Member for Colne Valley (Mr. Glenvil Hall) and the hon. Member for Crosby (Mr. Graham Page). The case against it is two-fold. Whatever limit we fix—this is the first leg of the case—it may be that some people who are drunk but the alcoholic content of whose blood does not reach that limit will successfully avoid conviction. I do not believe that should be so. If someone who cannot drink very much has one pint of beer and is then found driving a car under conditions which make it apparent to a number of witnesses that he is drunk, under the Bill he will be brought up and, if the case is proved against him, will be convicted.

It is said that many people can take a large amount of alcohol and their driving ability will not be impaired. That is perfectly true, but I am afraid that these people will have to suffer to the extent that they must not take more than, say, two pints of beer or two double whiskies before they drive. A number of people who are fortunate in being able to drink a lot more without having their driving capacity impaired will in future, if this Clause is agreed to, have to drink rather less before driving a car. I do not think that that would be very terrible. It would be for the general benefit of the country and many deaths might be avoided if such an imposition, which may bring a little hardship to some people, is legislated for in the Bill. What is being proposed is that if anybody drives a car or motor cycle and has more than a certain quantity of alcohol in his blood, that in itself is an offence. I think that is desirable.

Is it not also the case that this might help to prove the innocence of someone who has been accused of being drunk and having caused an accident? If the can prove that he has no alcohol in his blood, then he disproves the charge.

I quite agree with my right hon. Friend.

I come to the serious and more important argument which the Minister put before the House. He said that if we fixed the limit of alcoholic content in the blood under a statutory regulation, compulsory testing of the person believed to have too high an alcoholic content must follow. I do not accept that at all. If the Minister says that public opinion is against compulsory testing, I am not sure that he is right. No one knows. The Bill says that if anyone who is asked by a police constable to undergo a test refuses to do so that fact can be brought in evidence against him in court. If someone is "had up" in court and it is said that he refused to give a blood test or urine test, that would be very strong evidence that the alcoholic content in his blood was more than was statutorily permitted.

8.30 p.m.

We can go further. The State of New York has got over this difficulty by a very simple proposal. In New York there is an alcohol limit. They do not have compulsory testing, but they provide that if anyone refuses to have a blood test when he is brought to the police station his driving licence is taken away for a certain period. That is not unreasonable, unless the person can prove, as he may be able to do, that there is good reason why he should not have a blood test. He may suffer from hæmophilia. If the Government wished to take the step proposed in the Amendment, the fact that compulsory testing is not attached to it would not be an insuperable argument against it.

I suggest that the Government's two arguments against this Amendment, although understandable, are not good. If they really wanted to take effective steps to deal with this danger on the roads, they would say, "We admit there are difficulties, but they are not insuperable." I do not doubt that the Minister the Parliamentary Secretary and every hon. Member want to do all that they can about the evil of drunken driving and the accidents which follow from it. Do hon. Members think that the very small step taken in the Bill will have any effect on that problem?

The argument which carries most weight with me is that if we write into the Bill a statutory figure of, say, six whiskies there may be a tendency for people to argue that they can, in fact, drink four or five.

That may be. I agree that if we laid down a figure of, say, six whiskies, which I think would be ridiculous, that might happen. But I imagine that the Minister would have a certain amount of common sense in this matter and that the figure written into the Bill would more or less conform with the suggestions of the B.M.A., namely, two pints of beer, two double whiskies, or something of that sort.

People who on Saturday evenings drink in public houses or in private houses at pleasant social "get togethers" —a great deal of it is done; I do not criticise and I do not want to spoil people's pleasure—often do not know how much drink they can take. They always think that having drunk one they can drink another and another on top of that and that all will be well. But if it is generally known that if they have more than a certain quantity that fact alone may make them subject to the rigours of the law, it would stop a great deal of excessive drinking before driving. That is one of the great advantages of my right hon. Friend's proposal.

As I say, public opinion may be against compulsory testing, but I do not believe that compulsory testing is a necessary condition for the acceptance of this proposal. I am sure that public opinion would be very much in favour of, and if a Gallup poll were taken there would be an overwhelming vote for, my right hon. Friend's general proposition that the drinking of more than a certain amount of alcohol should be an offence.

The evils and consequences of driving when people have rather too much drink in them are well known and there is strong public feeling about it. I suggest to the Minister, who cares about these things as much as anybody else but is being timid on this occasion, that if he will not accept the Amendment now, as probably he is unwilling to do after all the discussion we have had, he should think about it again and realise that there is strong support for this proposal from all sections of the House. Many hon. Members opposite have made an effective case in support of it.

There are others. I beg the Minister to take action on this matter as quickly as possible.

There are three points in road traffic matters where effective action would have the maximum effect. One is the compulsory wearing of helmets for motor cyclists, another is the wearing of safety belts and this present proposal is the third and probably the most important. If the principle incorporated in my right hon. Friend's Amendment were accepted and introduced into legislation, it might have more effect than any other legislative matter in reducing the appalling fatalities on the road. I hope that even at this late stage, we may be told by the Government that they are in favour of the principle and will introduce the necessary legislation at the earliest possible moment.

Hon. Members: Oh.

I think that the House is anxious to come to a decision.

I rise to express the sense of shock and dismay on this side of the House at the Government's reply and the reaction of hon. Members opposite. The Minister describes our suggestion as ruthless and theoretical and as being against public opinion. I appeal to him to accept that the overwhelming volume of scientific evidence, the evidence of the doctors and of months of patient research, has substantiated objective alcoholic blood tests. International evidence from a whole group of countries and evidence of varying kinds from America, Norway, Sweden, Australia, Belgium and elsewhere has demonstrated that this system works and has been applied with complete success.

The Minister has criticised the breathalyser. I quote from a United Nations investigation of the operation of the breathalyser in Sweden, which describes this method as quick, efficacious and involving no invasion of privacy that any driver can resent. I appeal to the Government, even at this late stage, to reconsider our proposal. It is not wild and impracticable, but is based on a good deal of research and international experience. The system has operated since 1926 in Norway, which has stated that it would never dream of going back upon its present system of objective alcoholic blood tests.

The Amendment would achieve the very objectives that the Minister wants: that is, to reduce deaths and accidents from drunken driving. Even if we are a little afraid of public opinion on this matter, this House must take the lead. Even if sections of the public would look askance, we must be able to guide the social habits of the country. What is this House for if it is not, in the light of its experience and deliberations, to guide the social habits of the people?

I believe that the British people are intelligent enough, as a result of propaganda and information, to know that by imposing a definite system of alcoholic tests we can reduce the number of deaths and accidents from drunken driving. If it knows the penalties, the public will know what to expect. We will get people accustomed to using public transport instead of driving their own cars after nights out and the knowledge that testing will take place will be a disincentive to selfish or wilful drivers who might otherwise be tempted to take risks. This matter is so urgent and important and there is so much evidence on the side of the Amendment that the Government

Division No. 259.]

AYES

[8.40 p.m.

Abse, LeoHannan, WilliamOwen, Will
Ainsley, WilliamHarper, JosephPadley, W. E.
Albu, AustenHayman, F. H.Page, Graham (Crosby)
Allen, Scholefield (Crowe)Henderson, Rt. Hn. Arthur (Rwly Regis) Parker, John
Awbery, stanHerbison, Miss MargaretPearson, Arthur (Pontypridd)
Bacon, Miss AliceHilton, A. V.Peart, Frederick
Baxter, William (Stirlingshire, W.)Holman, PercyPentland, Norman
Beaney, AlanHoughton, DouglasPopplewell, Ernest
Bence, CyrilHoy, James H.Price, J. T. (Westhoughton)
Benson, Sir GeorgeHughes, Cledwyn (Anglesey)Redhead, E. C.
Blackburn, F.Hunter, A. E.Reynolds, G. W.
Blyton, WilliamHynd, H. (Accrington)Roberts, Albert (Normanton)
Bottomley, Rt. Hon. A. G.Hynd, John (Atterclitle)Roberts, Goronwy (Caernarvon)
Bowles, FrankIrvine, A. J. (Edge HI.I)Robertson, John (Paisley)
Braddock, Mrs. E. M.Irving, Sydney (Dartford)Rogers, G. H. R. (Kensington, N.)
Bradley, TomJanner, Sir BarnettRoss, William
Bray, Dr. JeremyJeger, GeorgeShort, Edward
Brockway, A. FennerJones, Rt. Hn. A. Creech (Wakefield)Slater, Mrs. Hariet (stoke, N)
Broughton, Dr. A. D. D.Jones, Elwyn (West Ham, S.)small, William
Brawn, Thomas (Ince)Jones, J. Idwal (Wrexham)Smith, Eills (Stoke, N.)
Callaghan, JamesKenyon, CliffordSorensen, R. W.
Castle, Mrs. BarbaraKey, Rt. Hon. C. W.Soskice, Rt. Hon. sir Frank
Cliffe, MichaelKing, Dr. HoraceSpriggs, Lesile
Corbet, Mrs. FredaLawson, George
Cordeaux, Lt.-Col. J. K.Lee, Frederick (Newton)Steele, Thomas
Craddock, George (Bradford, S.)Lee, Miss Jennie (Cannook)Stones, Williams
Dalyell, TarnLewis, Arthur (West Ham, N.)Strachey, Rt. Hon. John
Darling, GeorgeLoughlin, CharlesStrauss, Rt. Hn. G. R. (Vauxhall)
Davies, G. Elfed (Rhondda, E.)Lubbock, EricStross, Dr. Barnett(Stoke-on-Trent,C.)
Deer, GeorgeMacColl, JamesSwain, Thomas
Delargy, HughMcInnes, JamesSwingler, Stephen
Dempaey, JamesMcKay, John (Wailsend)Taverne, D.
Diamond, JohnMackie, John (Enfield, East)Taylor, Bernard (Mansfield)
Dodds, NormanMcLeavy, FrankThomas, Iorwerth (Rhondda, W.)
Ede, Rt. Hon. C.MacMillan, Malcolm (Western Isles) Thompson, Dr. Alan (Dunfermline)
Edelman, MauriceMacPherson, Malcolm (Stirling)Thornton, Ernest
Edwards, Rt. Hon. Ness (Caerphilly) Manuel, ArchieThorpe, Jeremy
Edwards, Robert (Bilston)Mapp, CharlesTimmons, John
Evans, AlbertMason, RoyTomney, Frank
Fernyhough, E.Mayhem, ChristopherWade, Donald
Fletcher, EricMellish, R. J.Warbey, William
Foot, Dingle (Ipswich)Mendelson, J. J.Watkins, Tudor
Foot, Michael (Ebbw Vale)Millan, BruceWeitzman, David
Fraser, Thomas (Hamilton)Milne, EdwardWhite, Mrs. Eirene
Gaitskell, Rt. Hon. HughMonslow, WalterWhitlock, William
Galpern, Sir MyerMoody, A. S.Wilkins, W. A.
Gooch, E. G.Morris, JohnWilliams, LI. (Abertillery)
Gourlay, HarryMoyle, ArthurWillis, E. G. (Edinburgh, E.)
Greenwood, AnthonyMulley, FrederickWilson, Rt. Hon. Harold (Huyton)
Grey, CharlesNeal, HaroldWinterbottom, R. E.
Griffiths, Rt. Hon. James (Llanelly) Noel-Baker, Francis (Swindon)Woodburn, Rt. Hon. A.
Grimond, Rt. Hon. J.Noel-Baker, Rt. Hn. Phllip (Derby, S.)Woof, Robert
Gunter, RayOliver, G. H.
Hall, Rt. Hn. Glenvil (Colne Valley) Oram, A. E.TELLERS FOR THE AYES:
Mr. Ifor Davies and Mr. McCann.

NOES

Aitken, W. T.Birch, Rt. Hon. NigelChataway, Christopher
Allason, JamesBishop, F. P.Chichester-Clark, R.
Arbuthnot, JohnBox, DonaldClark, William (Nottingham, S.)
Balniel, LordBraine, BernardClarke, Brig. Terence (Portsmth, W.)
Barber, AnthonyBrewis, JohnCleaver, Leonard
Barlow, Sir JohnBrown, Alan (Tottenham)Collard, Richard
Barter, JohnBuck, AntonyCooke, Robert
Batsford, BrianBullard, DenysCorfield, F. V.
Baxter, Sir Beverley (Southgate)Bullus, Wing Commander EricCostain, A. P.
Bell, RonaldButcher, Sir HerbertCoulson, Michael
Berkeley, HumphryCampbell, Gordon (Moray & Nalm) Craddock, Sir Beresford
Bitten, JohnCarr, Compton (Barons Court)Crawley, Aldan
Biggs-Davison, JohnCarr, Robert (Mitcham)Cunningham, Knox
Bingham, R. M.Cary, Sir RobertCurran, Charles

should take a lead and carry public opinion with them.

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

The House divided: Ayes 159, Noes 199.

Currie, G. B. H.Lilley, F. J. P.Russell, Ranald
Dance, JamesLindsay, Sir MartinSt. Clair, M.
Deedes, Rt. Hon. W. F.Linstead, Sir HughSharples, Richard
Doughty, CharlesLongbottom, CharlesShaw, M.
du Cann, EdwardLongden, GilbertSmith, Dudley (Br'ntf'd & Chiswick)
Duncan, Sir JamesLoveys, Walter H.Smithers, Peter
Elliot, Capt. Walter (Carshalton)Lucas-Tooth, Sir HughSmyth, Rt. Hon. Brig. Sir John
Emery, PeterMcLaren, MartinSpearman, Sir Alexander
Errington, Sir EricMcLaughlin, Mrs. PatriciaStevens, Geoffrey
Farey-Jones, F. W.McLean, Neil (Inverness)Stodart, J. A
Farr, JohnMacleod, Rt. Hn. Iain (Enfield, W.)Stoddart-Scott, Col. Sir Malcolm
Fell, AnthonyMacLeod, John (Ross & Cromarty)Studholme, Sir Henry
Finlay, GraemeMcMaster, Stanley R.Summers, Sir Spencer
Gammans, LadyMacpherson, Rt. Hn. Niall (Dumfries)Taylor, Sir Charles (Eastbourne)
Gardner, EdwardMaginnis, John E.Taylor, Edwin (Bolton, E.)
Gibson-Watt, DavidMaitland, Sir John
Glover, Sir DouglasMarlowe, AnthonyTaylor, Frank (M'ch'st'r, Moss Side)
Glyn, Dr. Alan (Clapham)Marples, Rt. Hon. ErnestTeeling, Sir William
Gower, RaymondMarten, NeilTemple, John M.
Grant, Rt. Hon. WilliamMathew, Robert (Honiton)Thomas, Leslie (Canterbury)
Green, AlanMawby, RayThomas, Peter (Conway)
Gresham Cooke, R.Maxwell-Hyslop, R. J.Thompson, Richard (Croydon, S.)
Grosvenor, Lt.-Col. R. G.Mills, StrattonThornton-Kemsley, Sir Colin
Hall, John (Wycombe)Miscampbell, NormanTouche, Rt. Hon. Sir Gordon
Harrison, Col. Sir Harwood (Eye)Moore, Sir Thomas (Ayr)Turner, Colin
Harvey, Sir Arthur Vere (Macclesf'd)More, Jasper (Ludlow)Turton, Rt. Hon. R. H.
Harvey, John (Walthamstow, E.)Mott-Radclyffe, Sir CharlesTweedsmuir, Lady
Hastings, StephenNabarro, GeraldVan Strauenzee, W. R.
Hay, JohnNicholls, Sir HarmarVane, W. M. F.
Heald, Rt. Hon. Sir LionelNugent, Rt. Hon. Sir RichardVaughan-Morgan, Rt. Hon. Sir John
Hendry, ForbesOsborn, John (Hallam)Vickers, Miss Joan
Hill, Mrs. Eveline (Wythenshawe)Page, John (Harrow, West)Walder, David
Hill, J. E. B. (S. Norfolk)Pannell, Norman (Kirkdale)Walker, Peter
Hirst, GeoffreyPartridge, E.Walker-Smith, Rt. Hon. Sir Derek
Hobson, Sir JohnPearson, Frank (Clitheroe)Wall, Patrick
Hornby, R. P.Peel, JohnWard, Dame Irene
Hornsby-Smith, Rt. Hon. Dame P.Pickthorn, Sir KennethWebster, David
Hughes-Young, MichaelPike, Miss MervynWells, John (Maidstone)
Hurd, Sir AnthonyPlikington, Sir RichardWhitelaw, William
Hutchison, Michael ClarkPott, PercivallWilliams, Dudley (Exeter)
Irvine, Bryant Godman (Rye)Powell, Rt. Hon. J. EnochWills, Sir Gerald (Bridgwater)
James, DavidPrior, J. M. L.Wilson, Geoffrey (Truro)
Jenkins, Robert (Dulwich)Profumo, Rt. Hon. JohnWise, A. R.
Jennings, J. C.Pym, FrancisWolrige-Gordon, Patrick
Johnson, Dr. Donald (Carlisle)Quennell, Miss J. M.Wood, Rt. Hon. Richard
Johnson, Eric (Blackley)Redmayne, Rt. Hon. MartinWoodhouse, C. M.
Johnson Smith, GeoffreyRees, HughWoodnutt, Mark
Kerans, Cdr J. S.Rees-Davies, W. R.Woollam, John
Kerby, Capt. HenryRenton, Rt. Hon. DavidWorsley, Marcus
Kershaw, AnthonyRidley, Hon. NicholasYates, William (The Wrekin)
Kirk, PeterRippon, Rt. Hon. Geoffrey
Leburn, GilmourRobinson, Rt. Hn. Sir R. (B'pool, S.)TELLERS FOR THE NOES:
Legge-Bourke, Sir HarryRopner, Col. Sir LeonardMr. Michael Hamilton and
Lewis, Kenneth (Rutland)Boyle, Anthony (Richmond, Surrey)Mr. Ian Fraser.

I beg to move, in page 2, line 32, at the end to insert:

(6) Where, after the coming into operation of this subsection, a constable requests any person to provide a specimen of breath—
  • (a) subsection (4) of this section shall apply in relation to the specimen as it applies in relation to a specimen of urine; and
  • (b) the constable shall offer to supply to that person, in a suitable container, another specimen of breath which he may consent to provide.
  • This Amendment adds a new subsection to Clause 2, the effect of which will be—it will not come into force simultaneously with the rest of the Bill—that a police officer who asks someone for a specimen of breath must offer to supply a duplicate specimen to that person in a suitable container. If it is not supplied to the person concerned then, as in the case of subsection (4) of Clause 2, covering cases of urine and blood tests, evidence of the proportion of alcohol in the blood will not be admissible as evidence against the accused.

    This Amendment arises from an undertaking given by my right hon. and learned Friend the Member for Huntingdonshire (Mr. Renton), when he was Minister of State, during the Committee stage. He agreed to consider an Amendment providing that if some method of preserving a breath sample could be devised and found adequate, the accused person should be entitled to have such a duplicate sample.

    My right hon. and learned Friend explained that no such provision had been written into the Bill originally because it was thought at the time that there was no prospect of devising a suitable container, and I must inform the House that there is still no efficient system of preserving such samples. The most likely way is by a self-sealing plastic bag, but the technical examination is not yet completed and there are many questions to be answered before the Home Office could recommend it to the police for use in court proceedings.

    Nevertheless, in Committee the general feeling was that if and when such a device were available it should be available for breath samples in the same way as samples of urine and blood are available to an accused person. Although it is not the intention to bring this sub-section into force unless and until an adequate device is obtainable, we thought it right to insert it in the Bill now.

    It is not, however, the Government's intention to postpone the use of the breathalyser itself, on the lines indicated in Clause 2 (1), until methods of preserving samples of breath are available. We intend to introduce a breathalyser as soon as an adequate instrument of that kind exists, and this new subsection will come into force only when an adequate device for containing samples of breath is also available.

    I have a number of questions about this Amendment. I am entirely in favour of its intention although perhaps not of its wording. How will the coming into operation of this subsection be regulated? I can find nothing about that in the Bill other than the fact that whilst there is no breathalyser one cannot do it. Will it be brought into operation by order of the Minister? And who is to lay down the proportions in the breath which will be sufficient to lead to a charge of driving while under the influence of drink or drugs?

    I believe that sub-paragraph (b) of the subsection is not necessary. Subsection (4) of the Clause already says that a specimen taken at the same time shall be provided to the accused on request. Then, again, sub-paragraph (b) says that the sample shall be offered in a suitable container, but that is obvious. The same thing applies to blood. Presumably, an accused person will not be given a sample of blood in his hand. Nothing is added by (b). It says that the constable
    "… shall offer to supply … another specimen of breath which he may consent to provide."
    But if the person had not consented there would not be a specimen of breath in the first place. I cannot see the point of that sub-paragraph.

    I think that the wording leaves much to be desired, and that is putting it politely. It states:
    "the constable shall offer to supply to that person"—
    presumably the accused—
    "in a suitable container, another specimen of breath"—
    From whom? Presumably from the person who is accused—
    "which he may consent to provide."
    I can very well see that this wording may lead to the lawyers having a field day. Incidentally, my attention was drawn to this matter by an eminent lawyer, who is an hon. Member of this House, and I told him that I should raise it because I do not like subsections which are not properly worded. I suggest that the words should be:
    "another specimen of breath from that person which he may consent to provide."
    I am delighted to see that my right hon. and learned Friend the Attorney-General is in the Chamber and I hope that my remarks may influence his thinking on this matter. There has, as yet, been no answer to these questions. There has been no haste over this. We have had ten days or so in which Amendments might be put down. I think that my hon. Friend should provide answers to my questions.

    Like my hon. Friend the Member for Bedfordshire, South (Mr. Cole), I welcome this alteration but I wish to ask a few questions. The alteration was made following a discussion during the Committee proceedings, in which I took part, regarding the method in which a breathalyser, or an equivalent instrument, should be used. I share the puzzlement of my hon. Friend as to what machinery is to be used to bring into effect the provisions in the new subsection.

    But, that having been done—this is what worried hon. Members during the Committee stage—is it the intention of the Government that all other types of breathalyser which do not produce specimens for the use of the accused will no longer be used? Does the Minister intend to get rid of such instruments at the earliest possible moment? The Bill provides for careful safeguards in respect of other tests but it leaves completely open the matter of the breathalyser and that, to many of us, appears unfortunate.

    I should like an assurance that as soon as an instrument is devised that will produce a specimen, all other breathalysers or similar instruments will be discarded by the provisions in this subsection being brought into operation.

    With the leave of the House, I will answer the questions put by my hon. Friends the Members for Bedfordshire (Mr. Cole), and Keighley (Mr. Worsley). The subsection will be brought into effect by Clause 43 (3), which provides for bringing the Measure into operation as the Minister may order by Statutory Instrument, and different days may be so appointed for different purposes. The answer to the drafting point raised by my hon. Friend the Member for Bedfordshire, South is that subsection (4) refers only to blood and urine. It was, therefore, necessary to spell out the point again in the new subsection (6), referring to breath. I do not think that the question of whose is the specimen of breath referred to in the final line of the new subsection will cause serious trouble.

    I must explain to my hon. Friend the Member for Keighley that a breathalyser does not itself produce and seal up a specimen. It is a separate process of blowing into a container, in fact, blowing into two containers, one for the police and one for the accused. There is no sort of container built into the breathalyser, lit does, so to speak, develop an analysis on the spot. The preservation of samples is quite a separate process.

    Amendment agreed to.

    Clause 5.—(DISQUALIFICATION ON CONVICTION OF CERTAIN OFFENCES.)

    9.0 p.m.

    I beg to move in page 4, line 2, to leave out "for special reasons" and to insert:

    "is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and."

    With this Amendment there can be discussed the Amendment in the name of the hon. Member for Salford, West (Mr. C. Royle), in page 3, line 31, to leave out "for special reasons" and to insert:

    "having regard to all the circumstances."
    and the Amendment in the name of the hon. Member for Buckinghamshire, South (Mr. Ronald Bell), in page 3, line 31, after "reasons", insert:
    "(whether arising out of the circumstances of the offence or otherwise)."

    I wonder if it would be for the convenience of the House if we could discuss the seven Amendments in my name because they all relate to the argument about "special reasons". The first is the Amendment I have moved and the next is the Amendment in Clause 7, page 5, line 14, to leave out from "If" to "the" in line 15.

    Then the Amendment in line 18, to leave out from "so" to end of line 22.

    The fourth and fifth follow immediately, in Clause 9, page 6, line 39, to leave out "for special reasons".

    In line 42 to leave out from "required" to "in" in line 1 on page 7 and to insert:
    "it shall state the grounds for doing so."
    The next Amendment which is tied up with this general series is in the First Schedule, page 27, line 30, column 2, at the end to insert:
    "the words from 'if the court' to 'punishment for the offence' shall be omitted."
    The last Amendment in my name which is consequential is in the Fourth Schedule, page 47, line 38, at the end to insert:
    "In section one hundred and ten, the words from 'if the court' to 'punishment for the offence'."
    If we could take all those Amendments together I think it would be for the convenience of the House.

    I am grateful to, you Mr. Deputy-Speaker, and to the hon. Member for Bermondsey (Mr. Mellish).

    The Amendment I have moved is designed to give effect to the Government's decision, taken in the light of very strong views expressed in the Committee, to modify the safeguard of "special reasons" in relation to traffic offences. The last two Amendments referring to Section 110 of the 1960 Act deal with the words "special circumstances" which have a relation to "special reasons". I wish to make a few remarks on the main Amendment.

    The chief criticism of the new system enshrined and embodied in the Bill was that "special reasons" was too limited a phrase to be an effective safeguard in relation to Clause 5 (3). Clause 5 (3) introduced the new principle of what is known as "totting up" where if three offences under Part I or Part II of the Bill are committed within three years an automatic disqualification of at least six months will take place. This is a new principle and is designed not to secure more convictions but to make a person who has endorsements on his licence, say two in a year, know that if he gets another in the next two years, automatic disqualification will follow and it will make him more careful. I think the provision will have that effect.

    It was said that certain reasons might be brought forward as evidence in favour of the motorist—for example, that he was proceeding at 31-32 m.p.h. on a road clear of all traffic—and that this was a trivial offence in which certain mitigating circumstances should be taken into account. It was said that under the doctrine which has been built up in law—what is known as "special reasons "—these mitigating circum-stances could not be taken into account. It has been laid down by the courts that "special reasons" relate to the offence and not to the offender. It was therefore argued that the consequences would be too harsh and that in some trivial offences the magistrates would be unable to exercise their discretion. We had to see how we could get round this difficulty.

    Under the Bill, the range of offences to which this doctrine of "special reasons" could apply has been greatly extended. I freely admit that it is the only ground on which the automatic disqualification for the six offences listed in Part I of the First Schedule and the "three in three years "penalty can be mitigated.

    I announced the Government's decision about amending the provisions in Committee on 3rd July, as reported in c. 743 of the OFFICIAL REPORT, SO that the principle of these Amendments had been announced and was accepted by the Committee. Briefly, the effect of the decision embodied in these Amendments is, first, that "special reasons" will continue to apply in relation to the six most serious driving offences, which are in Part I of the First Schedule. That is provided for in Clause 5 (1). Secondly, "special reasons" will continue to apply in respect of endorsements as provided for in Clause 7. Next, a new formula, set out in the first Amendment on the Order Paper, the main Amendment, will take the place of "special reasons" in relation to what one calls the "three in three years" penalty in Clause 5 (3).

    The reasons for taking this action are, first, that we wish to maintain "special reasons" in respect of the six most serious offences, which are the Part I offences. In my opinion, these offences are so serious—I call them the killer offences—that it is impossible to think of their being committed in any circumstances which could be called trivial. It is impossible to think of these as trivial offences. They are not. They are killer offences, and "special reasons" will still apply to them.

    Secondly, we must maintain "special reasons" for endorsements, not because we want to pillory the motorist or to cause prosecutions but because we must have on a man's driving licence an accurate record of what took place so that the bench may judge what is the right penalty to impose. If a man committed an offence, it would be wrong if this were not recorded on his driving licence, because it might as a result not be taken into account by the magistrate.

    I come to the "three in three years" penalty—the term which we have given it in the Miniistry—An Clause 5 (3). This can embrace a wide range of offences which, though important and embodying dangerous behaviour, are less serious than the six offences in Part I. The Government recognise that the courts should be given greater latitude in dealing with pleas of mitigation when the offences and the circumstances in which they occur are likely to be so varied. The new formula is meant to free the law of the limitations and pronouncements attaching to "special reasons". Hence the phrase
    "having regard to all the circumstances".
    At the same time, it should be observed that what is to be mitigated—I emphasise this—are
    "the normal consequences of the conviction".
    In other words,
    "the normal consequences of the conviction"
    must still be the paramount consideration in dealing with the sentence, and it is only in this light that the grounds for mitigation are to be found. In short, the new formula does not preclude any particular class of reasons from being taken into consideration, but at the same time it regards the automatic penalty as the normal consequence of committing three offences under Part I and Part II of the Schedule in the prescribed time, which is three years.

    There is nothing in the formula which is likely to preclude consideration of circumstances special to the offender as well as to the offence. This was one of the objections raised about "special reasons". Before reaching this decision the Government considered many ways of dealing with the problem raised in Committee as a point of principle. Like many points of principle, it was not easy to boil it down to words which could go on the Statute Book. We dealt with the modification of Part II of the First Schedule. My hon. Friend the Member for Buckinghamshire, South (Mr. Ronald Bell) proposed that we should divide the offences in Part II into two categories. We considered that. We tried the other suggestions. One was the limitation by size of the earlier penalties so that the automatic disqualification should operate only if the penalty for the first two of the three offences was above a certain level. If the fine was £5 or over, it should count. If it was £4 19s. 6d. or under, it should not count. We tried that.

    Another line of reasoning which we pursued was to extend the words "special reasons" to the offender as well as to the offence. This simple Amendment had its attractions, but we found that it might not remove the difficulties over "special reasons". We therefore did not decide in favour of that.

    I have tried to meet the wishes of the Committee in this respect. I realise that it was not the feeling of all Members of the Standing Committee but I think it was the feeling of the majority. We have tried to meet it in the best way we could. It has not been easy. I hope that it will meet of the approval of those hon. Members of the Standing Committee who are present tonight. I also hope that it will meet with the approval of the House. It has been a genuine effort to meet the hard cases which may arise under the offences listed in Part II. In Part I there are the six killer offences and there "special reasons" must still apply. Part II lists twenty offences all of which mean accidents—leaving a car in a dangerous position, crossing the lights on red—but which, at the same time, are obviously not of the same serious nature as those in Part I. It is to the category in Part II that the new formula will apply.

    I hope that hon. Members of the Standing Committee will feel that the Government have tried to meet their wishes. We have been as fair and as flexible as we possibly can. We hope that on this point of principle the House will agree with us. From time to time there are legal arguments in the House. If there are any legal arguments on this matter my right hon. and learned Friend the Attorney-General will deal with them. Now that my hon. Friend the Member for Buckinghamshire, South has returned, I have no doubt that there will be legal arguments. I am reinforced in my determination by my right hon. and learned Friend the Attorney-General, who will buttress my arguments of principle with those with which he is very familiar in law. He will be able to show that the words in question mean what I have said in principle.

    9.15 p.m.

    The Minister has been fair with the Members of the Standing Committee. He acknowledged that some of us were unconvinced. I want to put the point of view of those of us who are unconvinced. The Minister has made it very dear that for killer offences the doctrine of special reasons will remain. However, he has not made it so abundantly clear to the House that two of the three in three years offences —the first two—can be killer offences. Because the third offence happens to be a Part II offence, by the very nature of the Amendment special reasons will no longer apply.

    I very much regret this. I realise that the Minister has arrived at a compromise, but I am trying to put myself in the position of a magistrate doing his job conscientiously and trying not to be perverse. Following on this broadening of the definition, the magistrates will on all occasions have reasons advanced why the accused should not suffer the penalty prescribed. If I am a doctor, all the reasons one can think of will be advanced. If I am a Member of Parliament, the magistrates will be be told that it is, therefore, essential that my car should be available, and all the rest of it. There are all the commercial travellers—the list is quite interminable.

    This broader definition will be available to any fairly competent legal representative pleading for a man merely going to his works or his office. The environment of the individual will be urged, and that is not possible now. The magistrates will be told of the hardship, if not the injustice, and the career-damaging effects of imposing the penalty at present available. The courts should not be exposed to that sort of thing. I have to accept the discipline of a car as a dangerous instrument, and we should all do the same.

    This Amendment will open the door so wide that a man will be able to say, "I am not a weekend motorist, so there are overwhelming reasons why this temporary aberration on my part should not influence the court to the fullest extent". I fear the consequences of this Amendment. I acknowledge the strides that the Minister is making in these matters, but I regret that, here and there, for reasons that are, perhaps, indirect, he is stepping backwards. Here the reasons have not originated in his mind but have sprung from a background. I regret that among the twenty steps forward, he is stepping back in one or two cases. This is one of them, and I regret it.

    It would be ungracious of me to allow this occasion to pass without thanking my right hon. Friend for the extent to which he has implemented an undertaking that he gave in Committee and for which I and other hon. Members pressed. We respect the views of the hon. Member for Oldham, East (Mr. Mapp), but I do not believe that we are here opening a new door in the law. When a man has been found guilty of some offence, it is normal practice for him, or for those appearing for him, to advance to the court every reason that can be thought of for dealing gently with him. That is a normal process of the law, and it is perfectly right and proper.

    Many hon. Members felt that it was wrong that when a minimum penalty was prescribed by law—and minimum penalties are very rare in the law and, in principle, are not desirable—there should be almost no scope at all for advancing, after conviction, the sort of arguments in mitigation that are considered appropriate in respect of every other crime except murder—including crimes very much more serious than the crime of driving a motor car badly. My right hon. Friend has very properly met us here, and we are grateful to him for it. It will improve the administration of the motoring law. I also believe that we can trust our courts, from the top to the bottom, to listen to the arguments which will be addressed to them, to apply great commonsense and to turn out the right answer.

    We are, at the same time, debating two other Amendments, one in my name, and I will not say much about them at this stage since it is important that we should get on. Nevertheless, for the sake of the record, I will not say much more than I am sorry that my right hon. Friend could not have gone the whole way, as most of us had hoped when he gave his qualified undertaking in Committee. It is regrettable that he could not have reopened his consideration of the phrase "special reasons" in relation to motoring offences.

    I realise that things are left in their former shape for those rather serious offences in the first part of the Schedule. I appreciate the right hon. Gentleman's case for doing that, but on the general principle involved I take the view that minimum penalties are not a good thing in the law. They imply a lack of trust in the courts, which is always regrettable. It may occasionally be justified, but it is, nevertheless, regrettable, because minimum penalties are bound, by their nature, occasionally to result in a misapplication of justice.

    The only way to avoid that is to give to the courts a real discretion in what they regard as a special case to waive or mitigate the penalty. By a process of judiciary interpretation—which I shall not repeat tonight because it was thoroughly discussed in Committee— from about 1946 the discretion left to the courts was largely reduced, reduced many people would say to the point of disappearance.

    In relation to the six offences in the first part of the Schedule, we have a minimum penalty with almost no discretion at all to the courts to mitigate in a special case which may come before them. I say "almost no discretion" because there still is a little discretion left. However, its ambit is a good deal less than was intended by Lord Morrison, Mir. Herbert Morrison as he then was, when he introduced the 1930 Aot. In Committee I quoted the speech he made on Standing Committee on the 1930 Act, to show that in almost every one's view the intention which Mr. Morrison then had does not correspond with the decision in the Whittall v. Kirby case of 1946.

    I see no point in labouring this matter now, since the Amendment about which I speak is selected for debate only and there cannot be a vote on it, even if I were disposed to press it to a Division. For the sake of the record and the future, I have wished to express my view that it is regrettable that my right hon. Friend has not been prepared to go the whole way and to open the phrase "special reasons" over the whole range of motoring offences.

    The Minister was right when he said that the majority of hon. Members who had spoken about the definition of the words "special reasons" were unhappy about those words and the legal interpretation given to them. In Committee, it was said that the courts were able to take into account special reasons regarding the offence itself, but not the circumstances of the offender. That is the layman's way of putting it.

    This was made clear despite the fact that a new departure was being made whereby if a driver committed certain offences a certain number of times in three years he would be automatically disqualified. This alarmed some hon. Members and, while my hon. Friend the Member for oldham, East (Mr. Mapp) felt that any departure from what was already in existence would be unwise, many of us felt that one could not just apply automatic disqualification without the courts having the power to take into account the circumstances of the driver concerned.

    I ask my hon. Friend the Member for Oldham, East to consider this question from the point of view of the man driving a public service vehicle, who could well be involved in three minor offences under Part II, and under the Bill as it now stands would automatically lose his licence. As a member of a union which is very much concerned with this matter, I can tell the House that the union was shocked at the possibility of what could happen to some of its members who, unlike the private motorist, drive heavy vehicles such as buses, stopping and starting 1,000 times a day, and who might well be expected to become involved in minor offences. If such a man were to lose his licence he would also lose his livelihood.

    I thank the Minister very much for what the Government have done to meet us. I am very glad that they have kept the killer offences. We never wanted the argument smeared with the question of what was in Part I of the Schedule. Any man found guilty of such offences, irrespective of any plea in mitigation based on the conditions of his job, and so forth, deserves to lose his licence, and certainly if he were to commit three offences in three years.

    I think that the hon. Member for Bermondsey (Mr. Mellish) has misunderstood the position. Of course, I would agree that three of those offences in three years would deserve disqualification, but I think that the position as it remains now is rather different from that. For example, a first offence of causing death by dangerous driving—not three in three years—involves automatic disqualification, with no discretion on the part of the court to say, "This is a special case and we ought not to disqualify."

    I was merely saying that there is all the difference in the world between a plea of mitigation with respect to Part II of the Schedule and Part I. Those for whom I speak and who are employed as public service vehicle drivers will be with me 100 per cent. when I say that anyone found guilty of these offences deserves to suffer the full measure of the law. I am glad that the Minister has found the necessary suitable words. They may not be ideal, but they are a genuine attempt to deal with the problem.

    May I briefly add my tribute to my right hon. Friend and to the Law Officers and legal advisers for having found a reasonable way out of this complicated maze?

    I should just like to enter this caveat. As we have heard, as the words appeared in the original Act which was in the charge of Mr. Herbert Morrison as he then was, it was never envisaged that "special reasons" would take on the connotation Which they since have under the former Lord Chief Justice. Since I have clearly in my mind the dictum that the courts do not accept as evidence our intentions as expressed in HANSARD, and as by the same token we do not read the dicta of the courts as they decide their cases—apparently the twain shall never meet—I hope that somebody will not give a stringent legal definition of the meaning intended by this House of the word "circumstances". We have many phrases much longer than "special reasons."

    I hope that, having voiced this warning, as we have in this Bill, and having widened the phrase deliberately, the courts will recognise that our intention is to be a little more lenient than has been the case in the past. Frankly, I do not believe that motorists in recent years have had quite the square deal that Parliament intended them to have.

    9.30 p.m.

    On the technical point, I am a little concerned because I notice that the Amendments all have the effect of eliminating the words "special reasons". Clause 7 (2) refers to
    "subsection (1) or subsection (3) of section five of this Act….
    In line 18 are the words "special reasons". I can find no Amendment on the Notice Paper to eliminate those words, unless I have misunderstood, which I may well have done.

    Perhaps I can help. I said that endorsement would still remain obligatory and special reasons would apply to it both in Part I and Part II. That applies to endorsement, but not to the punishment.

    I am obliged to my right hon. Friend, but that is not quite the point. My point is that if we have the words "special reasons" in here, there may be the somewhat anomalous situation that the court does not have to apply its mind to "special reasons", with the legal connotation which those words carry, to offences under Clause 5 (3), but when we come to the endorsement Clause, Clause 7, no longer do we have the new form of words and special reasons are applicable. We have the wider consideration open to the court under Clause 5 (3) but under Clause 7 (2) we go back to the original stringent term "special reasons".

    Surely, if the endorsement flowing from Clause 7 has application to offences under Clause 5, there should be a point of mitigation available under Clause 7. I am not a lawyer, but I cannot see how that matter is clarified.

    I think that we should put on record what we are doing here. In Committee, I supported the Parliamentary Secretary not only in his brief but in his belief that leaving the words "special reasons" in the Bill was the right thing to do. The hon. Gentleman advanced many good arguments with which I agreed.

    He was persuaded as in the case of crash helmets, though at that time he was persuaded the wrong way.

    The hon. Member for Buckinghamshire, South (Mr. Ronald Bell) used up a good deal of the Committee's time in trying to persuade the Minister, or rather carrying on a filibuster and trying to create a good deal of pressure upon him. In this he succeeded. This is what I want to put on record.

    Before the Bill came to this House, the Minister, his Parliamentary Secretary and the Department had obviously given a great deal of thought to the matter. In the other place, they maintained their view that "special reasons" should remain in the Bill. In Committee, pressure was brought to bear upon them, but at that time both the right hon. Gentleman and his Parliamentary Secretary argued that "special reasons" should remain. I accepted their arguments at the time.

    I understand what the Minister has done. He has given way, but he has gone just so far. I appreciate the position. Is the alteration made by the Amendment applied to all the items in the Second Schedule, or does it apply only to the totting up?

    Then I congratulate the Minister on saving as much as he possibly could.

    This brings me to my second point. In Committee there was, as there has been in the House tonight, an inclination to talk about the offences in the Second Schedule as trivial offences. I object very strongly to this attitude. We find that they refer to dangerous driving, careless driving, speeding, as well as while under the influence of drink or drugs. These are not trivial offences.

    I think that the hon. Gentleman will find that driving under the influence of drink or drugs is item 4 of the First Schedule and not in the Second Schedule at all.

    I may be wrong, but I am still able to read. Page 28, item 11, states:

    "(b) being in charge of a motor vehicle while under the influence of drink or drugs)."

    This is the case that we discussed in Committee, where one could be in bed or in one's house with one's car standing outside and still be technically in charge.

    In any case, I think that it is a serious offence.

    We listened to a great deal of this in Committee. The hon. Member for Buckinghamshire, South, spent a great deal of time on the matter. I sympathise with the Minister. I think the Minister started with a very good objective, that after a man had committed two of these offences he knew that if on a third occasion he committed one of these offences he would lose his licence. The simple idea was that this would make him more careful in the future. I think that that was an admirable objective. Why I sympathise with the Minister is because the combination in Committee was too much for him. When we got the legal fraternity on his side of the House wanting to be able to save their clients when they go to court and my hon. Friends who represent the Transport and General Workers' Union wanting to prevent their friends from going to court, it was quite clear that the strength of the pressure was bound to be too much.

    The Transport and General Workers' Union does not want to prevent its members from going to court. All it wants to do is to make sure that when they get there they get a fair trial.

    Perhaps my over-simplification was misunderstood. I think that my hon. Friend knows exactly what I mean. He wanted to protect the members of his union and hon. Members opposite who are lawyers wanted to find another method of making it easier to save their clients. I regret that the Minister has had to go so far as he has, but at least he has not been pushed the whole way and for that I am grateful.

    The Amendment has met with some opposition because it is said that it goes too wide; it has received a good deal of support from the Opposition Front Bench and it has met with some opposition for not having gone wide enough. In these circumstances, it probably represents a very fair settlement of the views of the House. It is almost entirely a matter of judgment on the extent to which one should rely on the discretion of the courts or fetter the discretion of the courts about what they can do, if there are three convictions in three years.

    This is not a legal matter. It is a matter entirely of policy and once the policy is decided then the lawyers can put it into appropriate shape. [HON. MEMBERS: "Oh."] I hope that it will be found from experience that on this occasion they have put it in a satisfactory shape which will lead to proper consideration by justices of this difficult question of disqualification.

    Only two legal points for me were raised in the debate. The hon. Member for Dunbartonshire, West (Mr. Steele) asked whether the relaxation proposed in this Amendment applies to totting up offences only under Clause 5 (3). It does, and it applies to nothing else. Only when a person has had two previous convictions and he is in peril of a third conviction in three years will this relaxation of the rules about special reasons apply.

    The only other point which I need deal with was raised by my hon. Friend the Member for Bedfordshire, South (Mr. Cole). He drew attention to the Amendment in page 5, line 18, but did not couple it with the Amendment above it in page 5, line 14.

    I drew attention to the absence of an Amendment at the beginning of line 18. I am well aware that that line is the subject of Amendment.

    If both Amendments are accepted, the Clause will read:

    "If the court does not order the said person to be disqualified, the court need not order particulars of the conviction to be endorsed as aforesaid if for special reasons it thinks fit not to do so."
    The circumstances in which a person may be not disqualified are, first, under subsection (2) where there are special reasons; secondly under subsection (3) for totting up where the new principle is applied, and thirdly in the Part II cases where the court has discretion about whether it should disqualify or not. In all those cases it may be that the court will not disqualify. If it does not disqualify, it must, nevertheless, order the conviction to be endorsed. unless there are special reasons for not endorsing it, even when the count has exercised the new power given by the Amendment not to disqualify under the totting up cases, or has a complete discretion.

    Could the new definition on page 3508 of the Order Paper of giving discretion to the court in all circumstances apply to the man not being disqualified, and, however important those circumstances were and however sympathetic the court may be, it is nevertheless under a dictat by the Bill to endorse that conviction although it did not wish to disqualify him. But under subsection (2) it would still have to endorse the conviction on the man's licence.

    I do not know that it would be a dictate. It would be a statutory obligation imposed by this subsection that, even though the count having exercised its discretion and having not disqualified, yet it would, nevertheless, have to consider whether there were special reasons for not ordering the endorsement to be written on the licence.

    No, it would not apply. Thus, for future occasions the count would have a record which was almost complete by endorsements of the number of previous convictions of the motorist.

    Amendment agreed to.

    9.45 p.m.

    I beg to move, in page 4, line 11, at the end to insert:

    (5) Where a person convicted of an offence under subsection (5) of section forty-six of the principal Act (contravention of pedestrian crossing regulations) committed while driving a motor vehicle has within two years immediately preceding the commission of the offence been convicted of such an offence, subsection (3) of this section shall apply in relation to him with the substitution of twelve months for six months.
    It might be for the convenience of the House, Mr. Speaker, if you have selected the following Amendment, also in lime 11, to discuss it at the same time.

    Prima facie the problem is different between contravention of pedestrian crossing regulations, on the one hand, and speeding, on the other. I am, however, prepared to allow the discussion to range over the overlap between the two and to call the second Amendment, should the hon. Member so desire, for a Division only.

    I am obliged, Mr. Speaker. I take it, therefore, that I may range over both the contravention of pedestrian crossing regulations and speeding in my argument in favour of the Amendment which I am moving.

    As this is an addition to Clause 5, perhaps I may briefly refer to the Clause in general and say that under subsection (1), when a person is convicted of an offence which is specified in Part I of the First Schedule, the court can order him to be disqualified for a period of not less than twelve months. Under subsection (4), there is an exception to that in the particular case of driving or attempting to drive while under the influence of drink or drugs. When that offence has occurred within the previous ten years, the possible period of disqualification is increased from twelve months to three years.

    That spotlights one type of offence— driving or attempting to drive while under the influence of drink or drugs— and imposes a longer period of disqualification. What I desire to do, in connection with the automatic disqualification after three offences, is to spotlight two offences which, if repeated, seem to me to be of grave seriousness. The first is contravention of pedestrian crossing regulations. We owe a special responsibility to those using crossings to protect them, because with all the paraphernalia of the crossing we have invited those on foot to cross at a particular point and there is some duty to give them safety in crossing at that point. Furthermore, it is surely useless to provide pedestrian crossings unless pedestrians have confidence in their use.

    It is at the crossing that perhaps the most tragic accidents occur, particularly to the young and the old. Therefore, I would single out a repetition of a contravention of pedestrian crossing regulations as a particularly serious offence and show, by increasing the disqualification period if that offence is repeated, that it is regarded by this House as of grave seriousness. That crossings can save lives is shown by the figures.

    My hon. Friend the Parliamentary Secretary will, I think, agree that the risk of meeting an accident on pedestrian crossings is about half the risk in comparable traffic conditions elsewhere. I want to make crossings much safer than that. One good reason for spotlighting the offence of contravening pedestrian crossing regulations is that the proportion of casualties at crossings is increasing. There is not so much recognition of the rules of the pedestrian crossing by drivers as there was. Statistics show that accidents on crossings are increasing.

    So I would not only spotlight that type of offence if repeated, but, in the second of these two Amendments, I would also spotlight the seriousness of a repeated speeding offence. This is not just a technical offence. Even if one called the first speeding offence technical, when a man has suffered a conviction for speeding that is surely a very severe warning to him, and if he goes on and commits a further speeding offence then I would treat that as something to be picked out and to suffer a greater period of disqualication than that for other offences.

    My right hon. Friend the Minister is hoping to improve traffic flow by one way streets, by clearways, and so on, and by doing that he increases the opportunity for greater speeds. There is all the more urgency to impress upon people that speeding is not just a technical offence.

    The real enforcement of speed limits has saved lives and saved limbs on the road. I have before me a paper by Mr. Newby, of the Road Research Laboratory, and it shows this so very clearly. He reaches the conclusion that as speeds increase there is
    "a substantial deterioration in the principal factors making for safety."
    Mr. Newby quotes the figures of the reductions in accidents when speed limits have been imposed. They really are rather astonishing. In 1935, when the 30 m.p.h. limit was imposed in built-up areas, the percentage reduction in all accidents was 6 per cent.; the reduction in fatal and serious accidents was 15 per cent. The figures were even more astonishing in 1956, when the 30 m.p.h. was imposed in Northern Ireland. There, there was a reduction overall of 24 per cent. in the accidents.

    The figures work the other way as well. On sites where the 30 m.p.h. speed limit had been removed over the period from 1945 to 1953 there was a general increase in accidents of 45 per cent.— by reason of the removal of the 30 m.p.h. limit.

    Quite rightly, Mr. Newby comes to this conclusion:
    "The imposition of speed limits was followed in every case by a reduction in total injury rates and even greater reductions in fatal and serious accidents. On the other hand, there were more accidents after relaxation or removal of the limits."
    I quote that to show that the offence of speeding is not merely a technical offence. It is something very directly related to road safety and to accidents on the road. If the speed limit is not observed and enforced it is absolutely certain that accidents increase; it is absolutely certain that the proportion of fatal and serious accidents will increase. Therefore, I would wish, by means of the subsection which I have suggested, to indicate that where a man repeats this offence, when he has had one speeding conviction, and yet goes on and breaks the speed limit, he should be subject to a greater period of disqualification than in the other case; and I suggest the same for repeated contravention of pedestrian crossing regulations.

    My hon. Friend the Member for Crosby (Mr. Graham Page) has drawn attention to two of the offences which are set out in Part II of the Schedule and has said that they are offences, to use his own words, of grave seriousness. With that general proposition, frankly I would not quarrel. However, I beg leave to differ from him—I hope the House will also— about the treatment that we propose compared with that which he proposes.

    The effect of the first Amendment is to modify the penalty which attaches if three offences are committed in three years. The modification is in two forms. First, the court has to take into special account a previous conviction of contravening the pedestrian crossing regulations. Secondly, the offence leading to the previous conviction has to be one which occurs within the previous two years, and not the previous three years, of the offence in question. To digress for a moment the second Amendment, dealing with speeding, relates to a pre- vious conviction in the preceding twelve months. If both of those conditions were satisfied, my hon. Friend would have it that the automatic penalty that the court must apply under subsection (3) should be a minimum of twelve months and not six months.

    The issue that the House has to decide is fairly simple. Although a breach of the pedestrian crossing regulations is a serious offence, one has to decide whether it is sufficiently serious to justify our picking out that type of offence from all the offences in Part II of the Schedule for this special treatment. When we were discussing an earlier Amendment, the hon. Member for Bermondsey (Mr. Mellish) referred to the fact that there are a number of offences in that part of the Schedule which are of considerable seriousness, and I doubt whether one should pick out an offence against the pedestrian crossing regulations as being of greater seriousness than, for example, dangerous driving or careless driving.

    I think my acid test applies even more strongly when one considers the second Amendment, in which, again, special treatment is proposed in respect of the offence of speeding. There can. of course, be cases—there frequently are, I am afraid—where speeding takes place in very serious and dangerous circumstances. Part of the reason for the Bill is to try to stamp that out. But I think we should be—

    In a sense, the two things are linked. I know that the hon. Gentleman is trying to be brief. I strongly agree with some of his remarks. Many of the serious accidents on pedestrian crossings—I have witnessed a number—are due to the fact that when a motorist is courteous enough and has the good sense to pull up for a pedestrian he is overtaken by someone travelling at a fast speed. Such a person is breaching the pedestrian crossing regulations and speeding at the same time. Many accidents are caused by overtaking at pedestrian crossings. Having seen one car pull up, the pedestrian thinks it is safe for him to cross, and then that car is passed by another. I should like the hon. Gentle-man to take that into consideration.

    I do not dispute that that may be very true, but at the moment we are concerned with two Amendments which seek to select from all the offences in Part II of the Schedule these two offences for special treatment.

    I was saying that although it is true that in many speeding cases the speed itself may be very dangerous in all the circumstances, it is equally true that the breach of the speed limit may not in all circumstances be very serious. Be that as it may the central proposition remains: do we wish to select out of this list of offences these two for special treatment? I suggest that, although they are serious, they are not sufficiently serious to justify this course of action. Moreover, if we were to do this, it would start to complicate what is on the face of it a reasonably straightforward system as it stands.

    It will be perfectly clear to the courts what we are trying to do, and the drafting of the Bill as it stands is such as to make it clear that one looks at all these groups of offences in the first two parts of the Schedule and considers them in relation to the "totting-up" provision. I do not see why it should make a difference—

    It being Ten o'clock, the debate stood adjourned.

    Proceedings on the Road Traffic Bill [ Lords] exempted, at this day's Sitting, from the provisions of Standing Order No. 1 (Sittings of the House).—[ Mr. Hay.]

    Question again proposed, That those words be there inserted in the Bill.

    I do not see why it should make a difference that the previous conviction occurred within the previous two, rather than the previous three, years. I think that it would create an unnecessary complication if one introduced this provision.

    I appreciate the sincerity with which my hon. Friend has put this proposition, but the automatic period of six months' disqualification provided in subsection (3) is a minimum period. It is not a maximum. It will be perfectly open to a court, in dealing with a breach of pedestrian crossing regulations or speeding to disqualify for a longer period of twelve months if it wishes. It would be far better to leave the matter to the sense of the courts in individual cases rather than to complicate the Bill with the provision my hon. Friend has in mind.

    I believe that the mere threat of a six months' disqualification will act as a substantial deterrent, and I do not believe that if we were to double this minimum period it would have a directly proportional deterrent effect upon possible offenders. It is far better to leave the matter as we have it now in the Bill, and I hope that the House will agree with that view.

    Amendment negatived.

    Clause 7.—(ENDORSEMENT OF LICENCE.)

    Amendments mode: In page, 5, line 14, leave out from "If" to "the" in line 15.

    In page 5, line 18, leave out from "so", to end of line 22.—[ Mr. Hay.]

    Clause 9.—(STATEMENT OF SPECIAL REASONS, ETC.)

    Amendments made: In page 6. line 39, leave out "for special reasons".

    In page 6, line 42, leave out from "required" to "in" in line 1 on page 7 and insert

    "it shall state the grounds for doing so".— [Mr. Hay.]

    Clause 20.—(RELAXATION OF DUTY OF HOLDERS OF C LICENCES TO KEEP CURRENT RECORDS.)

    I beg to move, in page 13, line 26, after "modification", to insert "(if any)".

    I suggest that we discuss at the same time, Mr. Speaker, the following Amendment, in page 13, line 28, after "modification", to insert "(if any)".

    Both these are drafting Amendments. The intention is to make it clear that any extension after the end of the two year experimental period of the relaxation of the duty of holders of C licences to keep current records may be with or without modification as to distances or weight specified in subsections (1, a) and (2, b) respectively. The approval of each House of Parliament by resolution would, in any event, be necessary.

    Amendment agreed to.

    Further Amendment made: In page 13, line 28, after "modification", insert "(if any)".—[ Mr. Hay.]

    Clause 23.—(MINIMUM AGE FOR DRIVING CERTAIN MOTOR VEHICLES.)

    I beg to move, in page 15, to leave out lines 16 to 21.

    This Amendment deals with what may be considered a small point, but it is a matter about which the trade unions feel strongly. By the provisions of this Clause, it is proposed that in future boys of 16 shall be entitled to drive a tractor on the roads. Until now only boys of 17 who have a driving licence have been permitted to drive on the roads. The National Fanners' Union argue that a boy who drives a tractor in a field— at present boys are allowed to drive in fields even at the age of 13—may want to cross a road to get to a field on the opposite side to continue work with the tractor.

    There are many workers' organisations who see great danger resulting from the acceptance of this proposal. A deputation to the Minister of Transport, which included representatives from the Trades Union Congress, the Transport and General Workers' Union, and the Agricultural Workers' Union, maintained that this would be dangerous; that it would be difficult to limit the scope of the operation of the regulations which the Minister is here seeking, and that there could be a considerable extension of the driving of agricultural tractors on roads by boys of 16 which would lead to danger.

    That view is shared by hon. Members on this side of the House. Were it merely a question of driving the tractor across a road from one field to another it would be difficult to object. But the proposals here—within certain regulations formulated by the Minister affecting the type of tractor, the number of trailers and things of that sort—is that a boy of 16 shall be able to drive a tractor for an unlimited distance. He may travel miles. He may go to the nearest market town or railway station to collect or deliver produce. We consider that to be wholly wrong.

    When this matter was raised during Committee stage discussions we were given no assurance that the distance would be limited. Admittedly such a concession as this would be a convenience to farmers but we do not think it should be granted because it might lead to grave abuses by boys of 16 who drive tractors.

    I think that hon. Members opposite are making heavy weather of this matter. Boys of 16 will be starting regular employment on farms and they must be allowed to drive tractors which they will be trained to use. The tractors will be used mainly in rural areas. They are not lethal machines which are capable of attaining enormous speeds. I consider that at the age of 16, a boy will be able to drive a tractor in the way his employers would wish. It is only practicable that boys of that age should be allowed to do so and not have to wait until reaching the age of 17. I hope that the Government will resist the Amendment.

    I do not think that farmers or their employees, including boys of 16, would support what the right hon. Member for Vauxhall (Mr. Strauss) has suggested is the case advanced by the trade unions. I do not think this is a case on which the unions feel quite so strongly as the hon. Member would wish to make out. I hope that we shall find this provision acceptable.

    I support my right hon. Friend the Member for Vauxhall (Mr. Strauss) on this Amendment. This provision is one of the few things which will spoil the Bill. At a time when all the emphasis is on road safety, it seems an anachronism to reduce the age from 17 to 16 for boys to be set free on the roads to drive what actually are lethal weapons.

    The hon. Member for Isle of Thanet (Mr. Rees-Davies) did not think that farmers would oppose the proposal in the Bill. Of course they would not oppose it, because the suggestion came from the farmers. He may take it from me, however, that the trade unions are 100 per cent. in opposition to it. I remind the Parliamentary Secretary that last year nearly 50 people were killed on farms by tractors. In two consecutive weeks a couple of months ago two experienced tractor drivers were killed when driving tractors on the road. This is no laughing matter. It is all very well for the hon. Member for Buckinghamshire, South (Mr. Ronald Bell) to sit grinning all over his face, but this is no laughing matter for the people concerned.

    I was not laughing, I was observing that the hon. Member referred to two experienced tractor drivers. Does not that argument militate against his case?

    Not at all. The point I am making is that tractors are dangerous vehicles even in the hands of experienced, trained drivers. To set youngsters of 16, as soon as they leave school, free on the road with these dangerous vehicles and all sorts of implements behind them can lead to all sorts of accidents.

    Would the hon. Member not agree that young people drive about at 100 miles an hour on the roads, and not with tractors?

    Of course I agree, but two wrongs never make a right. We on this side of the House want road safety to be practised. We feel very strongly on this matter. Boys will be boys, and we have all been young. When one starts driving anything the temptation is to put one's toe down. With modern tractors that can be very dangerous. It has been the cause of many fatal accidents. It is a reflection on the Minister and the Parliamentary Secretary that they have bowed to this pressure which is being put upon them by farmers to include this provision in the Bill.

    I hope that the Minister will have second thoughts on it. If not, we shall have no alternative but to vote for the Amendment and against the proposal in the Bill.

    10.15 p.m.

    As a farmer I should like to make a comment on this proposal. It is most annoying when one has a good tractor driver, a boy of 16, who is not permitted to drive the tractor across the road. But I am also a motorist, and I have had many narrow squeaks because of tractors slowly crossing the road, sometimes pulling a plough or some other long vehicle. The motorist comes round a corner and finds this tractor crossing the road.

    I feel that the Government should think very carefully about this before they change the law. The hon. Member for the Isle of Thanet (Mr. Rees-Davies) said, "If 16, why not 15?". But we must strike an age somewhere, and the older one is the more responsible one is. I have three boys, and they have all driven tractors in a field from the age of 14 upwards. It is a temptation to let them drive across the road, but we should think very carefully before permitting this, because it is dangerous. I know that many of my friends have had narrow escapes because of tractors being driven across the road. These are slow-moving vehicles, and they can be dangerous in country roads when one may not expert to meet them.

    Does one cross the road more or less slowly at 16 than at 17? Will one be any more skilled at 17 than at 16 at taking a tractor slowly across the road?

    One can go from the sublime to the ridiculous and down to 15, 14 and so on. We have to strike a balance. We strike it at 21 for the age of responsibility and at 17 for driving. There are plenty of road accidents without lowering the age further. I do not think that the hon. Gentleman's argument is valid. One can go to the other end of the scale—70, 75 and 80; and I would reduce that age, because one can grow more careless at that age. I appeal to the Minister to think carefully before making this change.

    We have had a repetition of the debates in Standing Committee on these provisions. Before I ask the House to reach a decision I should make it clear that all we are doing in the Bill is to take power for the Minister to make regulations providing that

    "the age under which a person may not drive on a road a tractor used primarily for work on land in connection with agriculture"
    should be 16 instead of 17. In other words, we are taking power to lower the age but by the Bill itself we are not lowering the age.

    This is pertinent, because, as I shall show in a few moments, we propose to have a number of safeguards if we make the change which the Bill would give us the power to make. I have not been particularly impressed by the arguments advanced by hon. Members opposite. We think that this change is necessary principally in the interests of the efficiency of agriculture. It is possible for a boy as young as 13 to drive a tractor on a farm, but he cannot —and we should not want him to—drive it on a public road. We say that it would be a great convenience to agriculture if the age limit were lowered from 17 to 16, but I must emphasise that even if we took that step, the boy of 16 would not be able to drive a tractor on the road unless he had passed his driving test. We have that safeguard to start with.

    Secondly, we have power to impose a number of conditions in the regulations about the type of tractor which can be driven by a person of 16, and the conditions under which he may drive it. I can give the House a little more information than I was able to give in Standing Committee about the sort of conditions which we have in mind.

    First, we would apply the lower minimum age only to the driving of wheeled tractors and not to those with caterpillar tracks. This is an important point. Secondly, when a tractor was being driven by a 16-year old person the towing of trailers would be prohibited, except for two or four-wheeled trailers not exceeding 8 feet in width and which were, if they were of a four-wheeled type, what is called close-coupled.

    The main difficulty we bad in Standing Committee—it was repeated this evening by the right hon. Member for Vauxhall (Mr. Strauss)—was the question of distance. As I said in Committee, what we want is to give the power to have a 16-year-old boy droving a tractor for a limited distance in connection with farm work and not to go for long journeys over a vary great distance on the roads. We think that we have found a way in which we can dead with this and provide a distance limit. The Vehicles (Excise) Act, 1962, refers to agricultural machines and imposes a limitation of 15 miles upon the distance from the home farm within which such a vehicle may travel on roads. In our

    Division No. 260.]

    AYES

    [10.24 p.m.

    Aitken, W. T.Barber, AnthonyBatsford, Brian
    Allason, JamesBarlow, Sir JohnBerkeley, Humphry
    Atkins, HumphreyBarter, JohnBiffen, John

    regulations we could ensure that the reduction dm the age to 16 would apply only in the case of tractors taxed under that provision of the Vehicles (Excise) Act. The effect would be to limit the distance to 15 miles from the home farm. [HON. MEMBERS: "Oh."] This is a limitation. We were asked in Committee to limit the distance, but so fax we have not heard from the Opposition a more practical way of limiting the distance.

    The hon. Gentleman mentioned 15 miles. Is he aware that in many areas it is the practice of farmers during the sugar beet season to take many tons of sugar beet to the factories for processing by tractor and trailer? Does this moan that a 16-year-old boy who has passed his driving test will now be able to take his place in the queue conveying sugar beet to factories for three, four or five months during the sugar beet season during the depth of the winter? If so, it will make the situation far more worse than we envisaged. This is very different from driving a tractor across the road from one field to another field.

    We will take note of the hon. Gentleman's views. I have simply said that one of the ways—it may not be the final way, but it is a possible way— in which we can limit the distance, which is what the Opposition wanted us to do, is to make use of this provision in the Vehicles (Excise) Act. We are quite willing to consider any other proposition which may be advanced as to the way in which the distance may be limited if that is desired.

    We want the power contained in the Bill, which the Amendment seeks to delete, to enable us to reduce the age limit and to apply the necessary, safeguards and conditions. This is what the Opposition want to delete. I must tell the House that this is a power that we do not think ought to be taken out of the Bill. I ask the House to resist the Amendment.

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

    The House divided: Ayes 195, Noes 140.

    Biggs-Davison, JohnHarvey, John (Walthamstow, E.)Pilkington, Sir Richard
    Bingham, R. M.Harvie Anderson, MissPitt, Dame Edith
    Birch, Rt. Hon. NigelHastings, StephenPott, Percivall
    Bishop, F. p.Hay, JohnPowell, Rt. Hon. J. Enoch
    Black, sir CyrilHeald, Rt, Hon. Sir LionelPrior, J. M. L.
    Bottom, CliveHenderson, John (Cathcart)Pym, Francis
    Bourne-Arton, A.Hiley, JosephRees, Hugh
    Box, DonaldHill, Mrs. Eveline (Wythenshawe)Rees-Davies, W. R.
    Braine, BernardHirst, GeoffreyRenton, Rt. Hon. David
    Brewis, JohnHobson, Sir JohnRidley, Hon. Nicholas
    Brown, Alan (Tottenham)Hocking, Philip N.Rippon, Rt. Hon. Geoffrey
    Bryan, PaulHollingworth, JohnRobinson, Rt. Hn. Sir R. (B'pool, S.)
    Buck, AnthonyHornby, R. P.Ropner, Col. Sir Leonard
    Bullard, Denys
    Butcher, Sir HerbertHornsby-Smith, Rt. Hon. Dame P.Royle, Anthony (Richmond, Surrey)
    Campbell, Gordon (Moray & Nairn)Hughes-Young, MichealSharples, Richard
    Carr, Compton (Barons Court)Hurd, Sir AnthonyShaw, M.
    Carr, Robert (Mitcham)Hutchison, Micheal ClarkSmith, Dudley (Br'ntf'd & Chiswick)
    Cary, Sir RobertIremonger, T. L.Smithers, Peter
    Chataway ChristopherIrvine, Bryant Godman (Rye)Smyth, Rt. Hon. Brig, sir John
    Chlcheste-clark, R.James, DavidStodart, J. A.
    Clark, William (Nottingham S)Johnson, Dr. Donald (Carlisle)Stoddart-Scott, Col. Sir Malcolm
    Clarke, Brig, Terence (Portsmth, W.)Johnson, Eric (Blackley)Studholme, Sir Henry
    Cleaver, LeonardJohnson Smith, GeoffreySummers, Sir Spencer
    Cole, NormanKerans, Cdr. J. S.Taylor, Sir Charles (Eastbourne)
    Collard, RichardKerthaw, AnthonyTaylor, Edwin (Bolton, E.)
    Cooke, RobertKirk. PeterTaylor, Frank (M'ch'st'r, Moss Side)
    Cooper-Key, Sir NeillLeburn, GilmourTeeling, Sir William
    Cordeaux, Lt.-Col J. K.Legge-Bourke, Sir HarryTemple, John M.
    Co field, F. V.Lewis, Kenneth (Rutland)Thomas, Leslie (Canterbury)
    Costain, A. p.Lilley, F. J. P.Thomas, Peter (Conway)
    Coulson, MichaelLindsay, Sir MartinThompson, Richard (Croydon, S.)
    Craddock, Sir BeresfordLinstead, Sir HughThornton-Kemsley, Sir Colin
    Crawley, AldanLongbottom, CharlesTouche, Rt. Hon. Sir Gordon
    Curran, CharlesLongden, GilbertTurner, Colin
    Currie, G. B. H.Loveys, Walter H.Turton, Rt. Hon. R. H.
    Dance, JamesLucas-Tooth, Sir HughTweedsmuir, Lady
    d'Avigclor Goldsmid, Sir HenryMcLaren, Martinvan Straubenzee, W. R.
    Deedes, Rt. Hon. W. F.McLaughlin, Mrs. PatriciaVaughan-Morgan, Rt. Hon. Sir John
    Donaldson, Cmdr. C. E. M.McLean, Neill (Inverness)Vickers, Miss Joan
    Drayson, G. B.MacLeod, Rt. Hn. lain (Enfield, W.) Wakefield, Sir Wavell
    du Cann, EdwardMacLeod, John (Ross & Cromarty) Walder, David
    Duncan, Sir JamesMcMaster, Stanley R.Walker, Peter
    Elliot, Cant. Walter (Carshalton)Maginnis, John E.Walker-Smith, Rt. Hon. Sir Derek
    Elliott, R.W.(Nwcastle-upon-Tyne, N.)Maitland, Sir JohnWall, Patrick
    Emery, PeterMarples, Rt. Hon. ErnestWard, Dame Irene
    Errington, Sir EricMarten, NeilWebster, David
    Farey-Jones, F. W.Mathew, Robert (Honlton)Wells, John (Maidstone)
    Farr, JohnMawby, RayWhitelaw, William
    Finlay, GraemeMaxwell-Hyslop, R. J.Williams, Dudey (Exeter)
    Fraser, Ian (Plymouth, Sutton)Mills, StratumWills, Sir Gerald (Bridgwater)
    Gardner, EdwardMiscampbell, NormanWilson, Geoffrey (Truro)
    Gilmour, Sir JohnMore, Jasper (Ludlow)Wise, A. R.
    Glover, Sir DouglasNeave, AireyWolrige-Gordon, Patrick
    Glyn, Dr. Alan (Clapham)Osborn, John (Hallam)Wood, Rt. Hon. Richard
    Gower, RaymondPage, Graham (Crosby)Woodhouse, C. M.
    Grant, Rt. Hon. WilliamPage, John (Harrow, West)Woodnutt, Mark
    Green, AlanPannell, Norman (Kirkdale)Woollam, John
    Gresham Cooke, R.Partridge, E.Worsley, Marcus
    Grosvenor, Lt.-Col. R. G.Pearson, Frank (Clitheroe)Yates, William (The Wrekin)
    Harris, Reader (Heston)Percival, IanTELLERS FOR THE AYES:
    Harrison, Col. Sir Harwood (Eye)Pickthorn, Sir KennethMr. J. E. B. Hill and
    Harvey, Sir Arthur Vere (Macclesf'd)Pike, Miss MervynMr. Michael Hamilton.

    NOES

    Abse, LeoCallaghan, JamesFernyhough, E.
    Ainsley, WilliamClliffe, MichaelFletcher, Eric
    Albu, AustenCorbet, Mrs. FredaFoot, Dingle (Ipswich)
    Allen, Scholefield (Crewe)Craddock, George (Bradford, S.)Foot, Michael (Ebbw Vale)
    Awbery, StanDalyell, TamFraser, Thomas (Hamilton)
    Beaney, AlanDarling, GeorgeGaltskell, Rt. Hon. Hugh
    Bence, CyrilDavies, G. Elfed (Rhondda, E.)Galpern, Sir Myer
    Bennett, J. (Glasgow, Bridgeton)Davies, Harold (Leek)Gourlay, Harry
    Blackburn, F.Davies, Ifor (Gower)Greenwood, Anthony
    Blyton, WilliamDeer, GeorgeGriffiths, David (Rother Valley)
    Boardman, H.Delargy, HughHall, Rt. Hn. Glenvil (Colne Valley)
    Bottomley, Rt. Hon. A. G.Dempsey, JamesHannan, William
    Bowden, Rt. Hn. H. W. (Lelcs. S. W.)Diamond, JohnHarper, Joseph
    Braddock, Mrs. E. M.Dodds, NormanHayman, F. H.
    Bradley, TomEdwards, Rt. Hon. Ness (Caerphilly)Henderson, Rt. Hn. Arthur(RwlyRegis)
    Brown, Rt. Hon. George (Belper)Edwards, Robert (Bilston)Herbison, Miss Margaret
    Brown, Thomas (Ince)Evans, AlbertHill, J. (Midlothian)

    Hilton, A. V.Mackie, John (Enfieid, East)Soskice, Rt. Hon. Sir Frank
    Holman, PercyMacMillan, Malcoim (Western Isles)Spriggs, Leslie
    Houghton, DouglasMacPherson, Malcolm (Stirling)Steels, Thomas
    Howell, Charles A. (Perry Barr)Manuel, ArchieStewart, Michael (Fulham)
    Hoy, James H.Mapp, CharlesStones, William
    Hughes, Cledwyn (Anglesey)Mellish, R. J.Strauss, Rt. Hn. G. R. (Vauxhall)
    Hunter, A. E.Mendelson, J. J.Stross, Dr. Barnett (Stoke-on-Trent, C.)
    Hynd, H. (Accrington)Millan, BruceSwain, Thomas
    Hynd, John (Attercliffe)Milne, EdwardSwingler, Stephen
    Irvine, A. J. (Edge Hill)Morris, JohnTaverne, D.
    Irving, Sydney (Dartford)Neal, HaroldTaylor, Bernard (Mansfield)
    Janner, Sir BarnettOliver, G. H.Thomas, Iorwerth (Rhondda, W.)
    Jeger, GeorgeOram, A. E.Thompson Dr. Alan (Dunfermline)
    Timmons, John
    Jones, Rt. Hon. A. Creech(Wakefield) Owen, WillThornton, Ernest
    Jones, Dan (Burnley)Parker, JohnTomney Frank
    Jones, Elwyn (West Ham, S.)Pearson, Arthur (Pontypridd)Warbey, William
    Jones, Jack (Rotherham)Peart, FrederickWatkins, Tudor
    Jones, J. Idwal (Wrexham)Pentland, NormanWhite, Mrs. Eirene
    Jones, T. W. (Merioneth)Popplewell, ErnestWhitlock William
    Kelley, RichardPrice, J. T. (Westhoughton)Wilkins, W. A.
    Kenyon, CliffordRedhead, E. C.Williams, LI. (Abertillery)
    King, Dr. HoraceReynolds, G. W.Williams, W. R. (Openshaw)
    Lawson, GeorgeRoberts, Goronwy (Caernarvon)wills, E. G. (Edinburgh, E.)
    Lee, Frederick (Newton)Rogers, G. H. R. (Kensington, N.)Wilson, Rt. Hon. Harold (Huyton)
    Lewis, Arthur (West Ham, N.)Ross, WilliamWinterbottom, R. E.
    Loughlin, CharlesShort, EdwardWoodburn, Rt. Hon. A.
    McCann, JohnSlater, Mrs. Harriet (Stoke, N.)Woof, Robert
    MacColl, JamesSmall, WilliamYates, Victor (Ladywood)
    Mcinnes, JamesSmith, Ellis (Stoke, S.)
    McKay, John (Wallsend)Sorensen, R. W.TELLERS FOR THE NOES:
    Dr. Broughton and Mr. Grey.

    Clause 37.—(Amendments as to aiding and abetting, etc., offences and as to INCLUSION IN INDICTMENT OF SUMMARY OFFENCES IN SCOTLAND.)

    Amendment made: In page 22, line 29, leave out Clause 37.—[Mr. Marples.]

    New Schedule.—(Offences in Scotland.)
    (Provisions Replacing Sections 240 and 246 of Principal Act)
    Penalty for aiding abetting, &c, commission of offences in Scotland.240. As respects Scotland, a person who aids, abets, counsels, procures or incites any other person to commit an offence against the provisions of this Act or any regulations made there under shall be guilty of an offence, and shall be liable on conviction to the same punishment as might be imposed on conviction of the first mentioned offence.
    Inclusion in indictment in Scotland of certain summary offences.246.—(1) A contravention occurring in Scotland of any of the provisions of this Act or of any regulations made thereunder, which is directed to be prosecuted summarily and which, if it had been triable on indictment, could competently have been libelled as an additional or alternative charge in an indictment charging a person with culpable homicide in respect of the driving or attempted driving or use of a motor vehicle, or with a contravention of section one, section two or section six of this Act, may, notwithstanding the direction aforesaid, be so libelled and may be tried accordingly.
    (2) In this section any reference to a contravention of regulations includes a reference to a failure to comply with regulations.—[Mr. Brooman-White.]
    Brought up, read the First and Second time and added to the Bill.

    First Schedule—(Disqualification And Penalties)

    Amendment made: In page 27, line 30, column 2, at end insert "the words from ' if the court' to ' punishment for the offence' shall be omitted."—[ Mr. Marples.]

    10.30 p.m.

    I beg to move, in page 31, line 22, column 1, at the beginning to insert:

    25. An offence under section (driving with uncorrected defective eyesight) of this Act (driving with uncorrected defective eyesight or refusing to submit to test).
    This Amendment is supplemantary to the Government new Clause—Driving with uncorrected defective eyesight. The addition of these offences to Part II of the First Schedule puts both offences under the new Clause—that is to say, driving without the ability to meet the required eyesight standards and refusal to comply with the request of a police constable to demonstrate that ability to see—auto the category of offences for which the courts will have the discretionary power to disqualify under subsection (2) of Clause 5. They will then count for the "totting-up three in three years" automatic penalty in subsection (3) of Clause 5.

    Amendment agreed to.

    Third Schedule—(Minor And Consequential Amendments)

    I beg to move, in page 43, line 22, column 2, at the beginning to insert:

    "in the proviso to subsection (1), for the words 'he produces the same in person ' there shall be substituted the words 'it is produced'".

    This and the Amendment in the name of the hon. Member for Buckinghamshire, South (Mr. Ronald Bell) in page 43, line 22, at the beginning insert:

    Section two hundred and twenty-five.
    In the proviso to subsection (4) for the words "he produces the licence in person "there shall be substituted the words "the licence is produced".
    may be discussed together.

    This Amendment is in fulfilment of an undertaking given in Committee by my hon. and learned Friend the then Minister of State, Home Department, to take care of a difficulty which is liable to arise in the case of certain commercial firms using large numbers of vehicles and holding block or master certificates covering the whole range of such vehicles, which one could not expect the individual driver would carry in each case.

    We are still unable to accept the Amendment in the name of my hon. Friend the Member for Buckinghamshire, South (Mr. Ronald Bell) to apply the same principle to driving licences, for reasons which I think were made sufficiently clear in Committee and with which I will not weary the House again. I hope this Amendment will be accetptable.

    I am, of course, grateful that my hon. Friend the Joint Under-Secretary of State for the Home Department and his colleagues on the Front Bench have been able to go as far as this in meeting the case which I put forward in Committee. The Amendment will, I am sure, come as a mitigation of the inconvenience which is suffered by many people who have to produce an insurance certificate when it is not on the vehicle at the time when they are asked for it.

    I think this is a clear enough case. There is nothing that I need say now to add to the arguments which were deployed in Committee and which have found acceptance in the Amendment now moved. But inasmuch as the Amendment which I have on the Paper is in order for debate on this Government Amendment, I would just like to say—again I am afraid it can only be for the future and for the record—that it is still my view that this concession ought also to be extended to the requirement to produce a licence.

    This is the second occasion that I have raised this matter. I raised it in 1956 when the Road Traffic Bill of that year was going through its stages. I do not consider that I was then given any reason why this should not be done. I argued the case again in Standing Committee and had, I think, the support of some hon. Members at any rate, and again I do not consider that I was given any reason why this should not be done. I completely fail to understand why a licence has to be produced within five days at the police station not just by anyone but by the driver in person.

    The present rule is supposed to avoid some abuse, but just what the abuse thus avoided can be is beyond my comprehension. It was argued against me in Committee that what I suggest would impose an extra burden on the police, but, even though I and others asked what. that burden might be, no explanation was given.

    Twice during this period of seven years there has been a total failure to put forward any reason why this considerable inconvenience should be inflicted upon a very large number of people. A man driving to London Airport, on his way to a conference or important engagement at the other end of the world, perhaps, may be asked for his driving licence, not because he has committed any traffic offence but because he happens to be a useful witness of something which has happened on the road. Why should he be required to cancel all his plans to go abroad so that within five days he may in person produce this miserable licence at the police station?

    It is, of course, important that a driver should have a licence and that it should be produced to show that he has it, but I simply cannot understand why it should not be possible for someone else, perhaps his secretary, to do it. I have always been open to argument and conviction on this matter. One can be wrong. One can overlook something. But it is very odd that in two debates in the space of seven years no one has explained what it is that I have overlooked. I do not want to take up time. Part of what I want has been accepted. I cannot take it further now since my Amendment is not selected for a vote— not that a vote is any good on Report, as one knows only too well. I am grateful for what has been done so far. I say what I do now so that, in seven years from now when we have our next Road Traffic Bill, I may have a reasonable prospect of seeing the remainder of my reasonable request accepted.

    I support my hon. Friend the Member for Buckinghamshire, South (Mr. Ronald Bell). It is quite ridiculous that one's wife or one's friend may not produce one's driving licence in these circumstances. My hon. Friend gave the example of someone going abroad. I recall that in Committee one hon. Gentleman said that he could be in a very awkward position if, having left his driving licence in his coat pocket in Scotland, he was asked to produce it while on his way to the House. He has five days to produce it. It is perfectly reasonable to suggest that his wife should be permitted to take his licence to the local police station in Scotland and produce it on his behalf.

    I support my hon. Friend the Member for Buckinghamshire, South (Mr. Ronald Bell). If one is going abroad and on one's way to London Airport one is unfortunate enough to be caught speeding—[Hon. Members: "Oh."]—and one is asked for one's licence, one can be put to great inconvenience. Whenever I go abroad I leave things like my driving licence behind, because I do not like to take them with me about the world and risk losing them. A person going abroad, say to Japan, for a fortnight or so has five days in which to produce his licence. He cannot do so. There is a lot of sense in what my hon. Friend has said, and I hope that my right hon. Friend will note it for next time.

    I support my hon. Friend the Member for Buckinghamshire, South (Mr. Ronald Bell). I am certain that my right hon. Friend the Minister of Transport, who is so brilliant at cutting through red tape of all kinds, could find a way round this difficulty. I hope that he will give us an answer.

    10.45 p.m.

    I did not argue the point when I spoke a few minutes ago because I thought Chat the House was anxious to make up time and get on with the Bill, and also because I had the impression that the arguments had been fully rehearsed in Committee. Since, however, the matter has been raised again, I should like to make one or two points in reply to my hon. Friend the Member for Buckinghamshire, South (Mr. Ronald Bell), and particularly to take up one or two of the points of fact which the asserted in Committee and again tonight.

    My hon. Friend asserted in Committee that the regulation was virtually a dead letter. I have taken the trouble to ascertain whether this is so. The fact is that it is not. I have had inquiries made among chief officers of police in many parts of the country and I find that almost all of them, particularly those in charge of the largest forces—the Metropolitan Police, Lancashire, Birmingham and the West Riding of Yorkshire, for example—say that they normally enforce the requirement that the holder of a licence should present it in person, and they clearly wish that it should remain so.

    My hon. Friend said that it does not matter in practice who takes the licence so long as it is correctly associated with the driver. The fact is that this requirement not only enables the police to verify the identity of the driver and serves as a safeguard against impersonation—contempt has been poured on this idea, but it is a serious one—but enables the police to take up on the spot any irregularities associated with the licence itself. This is a convenient and not uncommon advantage.

    If my hon. Friend looks at the 1961 return of offences relating to motor vehicles by the Metropolitan Police, he will find that a large number fall in this category, and they bring in a quite considerable sum of money in fines. The Metropolitan Police tell me that as a result of this requirement they have frequently been able to make inquiries on the spot into such offences as driving while disqualified or of learner drivers driving unaccompanied by another driver.

    I do not follow the argument concerning identification. A motorist might be "had up" in Edinburgh, where he lives, but produce his licence at Chelsea police station. As I said in Committee, unless the person taking the licence is of different sex, no one is to know whether he was the driver. There are no photographs on a driving licence for identification. Anybody could produce the licence.

    The simple answer is that confirmation can be obtained by the signature. The licence must have a signature on it, and a person can be called upon at the police station to give a signature, when the two can be compared.

    Is it not almost unknown for anyone to be asked for a signature? That is one of those metaphysical possibilities which does not happen. Is there the slightest reason why a matter like driving while disqualified, if it is revealed when a licence is produced, should not be taken up in the ordinary course of events? How is that helped by the actual driver producing the licence? I cannot follow the argument.

    I was coming to that. I should be grateful if I may be allowed to finish my argument before there are further interruptions.

    There are also other offences which can be revealed on the occasion of production of licence, such as taking and driving away somebody else's motor car. The point is that in every such case where an offence is disclosed it is necessary sooner oar later to interview the driver personally. If it can be done sooner rather than Later, that is a convenience in administration and makes the task of the police much easier. These are the reasons why we have felt it necessary to resist my horn. Friend's Amendment, but I hope that the concession which we have made in the Government Amendment, which at least gives my hon. Friend half a loaf, will be welcome to him as better than no bread.

    Will my hon. Friend take it from me that on the last three occasions I have been asked to produce my licence at police stations I was not asked to sign anything at all?

    There was no reason in practice why my Friend should have been, unless there was any suspicion of impersonation. Quite clearly, my hon. Friend has not been brought to one of the police stations where they do normally require this production.

    I have just checked back on my own licences. My current one is signed, but three have no signature.

    I am sorry to say that my hon. Friend is convicting himself of an offence under the Bill.

    Amendment agreed to.

    Fourth Schedule.—(Enactments REPEALED.)

    Amendments made: In page 47, line 38, at end insert:

    "In section one hundred and ten, the words from 'if the court' to 'punishment for the offence'.".

    In page 48, leave out lines 9 to 18.

    In page 48, leave out lines 24 to 28.— [ Mr. Marples.]

    Order for Third Reading read.

    [Queen's Consent, on behalf of the Crown, signified.]

    10.52 p.m.

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

    At this late hour, and after some confessions from my hon. Friends on this side about not signing their licences and going to London Airport and on to Japan, with all the difficulties which are consequential upon that, there is very little time to go over the merits of this Bill, and I do not propose to do so. What I should like to do is however thank both sides of the House for the way in which they have discussed this Bill both on the Floor of the House and in Committee upstairs.

    I think I can say quite honestly that the discussions have been full and comprehensive. Everybody has made his point of view crystal clear. We have not always agreed, but at any rate views have been expressed reasonably concisely. People have had strong views. The right hon. Gentleman the Member for Colne Valley (Mr. Glenvil Hall) had strong views. They have been opposed sometimes to those on the Front Bench —as have some expressed from this side. I do not complain about that. Everybody dealing with the Bill has, in my view, tried his best to make this a good Bill. Naturally, as the Minister in charge of the Bill, and as I have not got the whole of my own way, modestly I am sorry about that, because I think my own way would have been better than the way imposed upon me by various pressures from all sides. However, that is our democratic way of procedure.

    I think, broadly speaking, this is a good Bill, and I would say to the House this, that politics is the art of the possible and we have to get through as much as we possibly can; but I do not want the House to understimate the importance of this Bill, because it does deal with road safety, and that is the most difficult problem every civilised country in this world faces today. We are killing nearly 7,000 people a year, and that is serious, and the more we can do as the legislative assembly to reduce those deaths and the accidents the better.

    I think this House must not underestimate either the number of people who do not make their views known and who are intensely interested in reducing the deaths on the roads. I have a vast volume of correspondence which is analyses regularly, and I can assure the House that it is amazing how many people are interested but who do not make their views known as a pressure group because they are diffused over the country as a whole.

    My correspondence shows this clearly. Only two days ago I got a letter from a man who wrote:
    "I am sending you the enclosed driving licence to use if possible in your road safety campaign. My reason for giving up driving is that I am 58 and suffering a slight heart trouble. So after half a lifetime of driving to every corner of this land I do not want the very pleasant memories spoilt by hurting some one in an accident. Please do not publish my name in your endeavours but I am sure that my licence will help in some way."
    I receive a vast correspondence from every Member's constituency. These people do not constitute a pressure group, but their views should not remain unheard.

    I wanted to make a speech in commending the Bill to the House, but it is too late. I think we ought to part with the Bill now. We have discussed it exhaustively. I thank right hon. and hon. Members opposite for their assistance, and I thank my hon. Friends for the way in which they have received the Bill.

    I earnestly hope that the Bill will help me in what I consider my most difficult task, one I find baffling and perplexing— that of reducing deaths on the road. The individual responsibility is there all the time, and no Minister of any party can really influence the individual driver. At this very moment there might be an accident in Newcastle, Sheffield or Sunder-land, and there is nothing that a Minister of the Crown can do about it.

    But we have introduced one new principle, and that is the totting up of offences. I assure motorists that it is not the Government's intention to persecute them in any way. I hope there are fewer convictions, not more. What I particularly want is this. When a man has one or two endorsements on his licence, I want him to appreciate the implications of a third endorsement and say "My heaves, I must be careful because if I do this again my licence will be suspended automatically". I think that will be the deterrent; it will make him drive carefully. That is what we seek to do in the Bill, and so it is with great pleasure that I commend it for Third Reading.

    10.57 p.m.

    We welcomed the Bill on Second Reading. We give it an even greater welcome now because it has been improved in Committee. The Minister has accepted several important proposals put forward by back benchers on both sides of the House, and, therefore, the Bill is better today than when it first appeared.

    It is remarkable that a Bill dealing with road safety and a variety of traffic matters should have passed 'through Committee in two or three months. The previous Bill took well over six months. I Chink the fact that it went through so quickly shows that everybody was most anxious that legislation on this subject should be enacted as soon as possible. It was also a remarkable tribute to the self-denial of hon. Members in that they restrained themselves, sometimes with considerable difficulty, from making the contributions which they felt they could make. If there is one subject on which everybody is an expert, it is road safety, because everyone uses the roads and has his own special ideas about how to reduce accidents.

    I said that the Bill had been improved in a number of ways. We wish that the Minister had been able to go further in certain directions where he has not, but we must now accept the Bill as it is. I believe—here I speak entirely for myself—that it errs in only two matters. I do not believe that the three-year totting up proposal will have any significant effect. It will have very little effect compared with a hundred and one other proposals which could be adopted.

    My only other criticism of the Bill, as I said in Committee, is that the indiscriminate raising of penalties is ridiculous when we know that magistrates do not impose the maximum penalties which already exist and are not in the slightest influenced by what the House thinks the maximum penalties should be. To quote one example, the maximum penalty at the moment for careless driving is £40. The number of times that has been imposed is 0·001 per cent. of the whole. The Bill raises the £40 penalty to £100 for the first offence of careless driving. That is nonsense. There are very many proposals in the Bill which are good.

    In conclusion I wish to say, and I am sure that the Minister will agree, that what we can do by legislation to bring about road safety is very limited. We can do certain things, and many have been done. But there are many other matters of greater importance, and therefore we urge the Minister when bringing in regulations to be active in other matters, too—in road improvements, in eliminating dangerous corners, in improving the surface of roads, in increasing enforcement, that is, by having bigger police forces so that they can catch the man exceeding the speed limit and who is driving dangerously; and, not least, in propaganda and education.

    The Royal Society for the Prevention of Accidents is doing a good job, though not nearly as good a job as it could do. I think that the advertising campaigns are much too woolly. We need a new psychological approach to the matter in order to make people road-safety minded. It cannot be done by ordinary methods such as those used by people who want to sell detergents or an extra pint of milk a day.

    All these matters are of the greatest importance, and we hope that the Minister will be successful in them. We believe that in this matter of road safety the right hon. Gentleman is serving the nation well, although it is the only direction in which we think that he is doing so. We wish him success and we on this side of the House shall do everything we can to ensure that success.

    11.2 p.m.

    One thing that is certain is that if my right hon. Friend the Minister were to be sent on to the Home Office we should be able to deal with home safety and that if he were sent on to the Ministry of Labour we might be able to get industrial safety. I would remind the House that though road accidents are extremely serious, industrial accidents are infinitely more serious and do far more harm and damage to the economy and to the life of the country. I hope that in due course my right hon. Friend—he is still a young man—will be able to deal with these problems which up to now these other Ministries have been unable to deal with.

    The Minister said that the Bill made a contribution, as indeed it does, to one matter which was entirely novel. The Bill does something constitutional which has never been done before in the history of Parliament, and it is a bold man who can say that. The Amendment, now incorporated in Clause 13 of the Bill as reprinted, will produce the result that the very first order which imposes a minimum speed limit on a particular road will be subject to affirmative Resolution. But subsequent orders for different roads thereafter will not be subject to any proceedings, either affirmative or negative, and, indeed, will not be laid before Parliament at all under Clause 13 (5). But if any order is continued for more than four months by Clause 13 (2), it will be subject to negative Resolution. Thus, in the case of an extension of a second or subsequent order, the House will be asked to extend an order which it has never seen before.

    This is very strange indeed. It is important, because these matters may arise again in the future with other Ministries. I have tried to find out whether their are any precedents. The first is the Financial Powers (U.S.A. Securities) Act, 1941. This gave the Treasury power to make regulations about placing United State securities at the Government's disposal. It provided that the first regulation should be subject to affirmative Resolution and subsequent regulations to negative Resolution. But in this Bail there is no provision for laying regulations before Parliament at all.

    In the National Assistance Act, 1959, and the Road Traffic and Roads Improvement Act, 1960, there is provision for negative Resolution for the first orders and thereafter for affirmative Resolution. This Bill, therefore, goes far beyond any constitutional precedent.

    The Bill does not provide specifically for these orders to be laid, and there is no obligation to do so under the Statutory Instruments Act, 1946. Thus, although Parliament is given power to annul an order extending another order, it will not have seen the original order at all. When we are asked to approve the extension order, we shall not be able to get copies of the original order being extended.

    I am sorry to present this conundrum to the House. I hope that in future the Parliamentary draftsmen and the advisers of the Minister will be more careful. I am very much in favour of the introduction of a minimum speed limit, but this procedure is not satisfactory. It means that if the Minister wants to lay down a minimum speed limit through the constituency of my hon. Friend the Member for Canterbury (Mr. L. Thomas) so that I can get to my constituency more quickly, Ms order will never come before the House. Presumably my hon. Friend and I will have to abase permanent secretaries in order to find out about it. The method adopted by the Minister in this case is without constitutional precedent.

    I congratulate the Minister on his forthright determination to push his Bill through while at the same time retaining his respect for doughty opponents. I had to fight him tooth and nail on one issue, but I believe that we should not by legislation take away the discretion of courts and force upon them an absolute statutory offence. Hon. Members tried to do it again today by moving an Amendment laying down the specific amount of alcohol which should constitute an offence. The country is against that sort of thing. I was determined to win through on the view that the courts must be given full discretion in these matters. I was delighted with the generous attitude of the Minister. I am sure that it will be proved right. I have no doubt that people like the courts to have the power to impose the sentences which they think fit, subject to a proper right of appeal for the accused person. The more this House tries to interfere, by writing in molecules and percentages of alcohol in the blood into a Bill of this kind, the more we shall bring ourselves into contempt. It is not the job of Parliament to administer the law but rather to give general guidance on principles and then to leave it to the courts.

    I agree with the right hon. Member for Vauxhall (Mr. Strauss) that we cannot create safety by legislation. The most important thing is to provide a first-class road system. Figures relating to the causes of accidents which have been bandied about are largely wrong. In 250 cases with which I have been associated I found that 80 per cent. were caused because people failed to keep a proper look-out or failed to concentrate sufficiently. In some cases the cause might have been drink, but they did not amount to 1 per cent.

    The British Medical Association or the doctors do not understand about accidents. The men who know about accidents are the insurance managers and solicitors, the people who come into contact with them. The so-called evidence which is provided by reports is not really evidence. It is the opinion of doctors based on certain data. The real evidence can be obtained from the insurance men and the solicitors.

    I believe that this Bill will prove useful and helpful, but the real need is for an improved road service. What will assist to reduce the accident rate more than anything else is the foresight and drive of the Minister and his advisers in improving the roads and the flow of traffic in London and other cities. The provisions in the Bill will be even more valuable when my right hon. Friend has completed his roads programme.

    11.14 p.m.

    The passage of this Bill has provided a perfect, if rare, example of the operation of this House at its best, when it is not bedevilled by political bias. I congratulate my right hon. Friend on his Bill, and also on the fact that after two years of frustration he has managed to secure sufficient Parliamentary time to get it on to the Statute Book. I (hope that we shall not have to wait another six years before we have another Measure to deal with road traffic. I am certain Chat within two years there will be a need for another Bill and that within three years Parliament will be debating one. My right hon. Friend has incorporated a number of experiments into this Bill, and there have been other experiments introduced by other people. We shall have to see how they work. In three years there will probably be a breathalyser and legislation will be required. I give notice now that I hope that we shall have another Road Traffic Bill within three years. I do not mean a Consolidation Bill, but a proper Road Traffic Bill like the 1956 Measure and this Bill.

    The right hon. Member for Vauxhall (Mr. Strauss) said that Road Traffic Bills and Road Safety Bills are not enough. I entirely agree. I commend whoever is responsible—I ought to know who is responsible, but I do not know—for this new campaign going on in the Press and on the television to the effect, "Accidents are caused by people like you". I know that that may be out of order, but that in conjunction with the Bill and side by side with this kind of legislation should produce positive results. I commend the simplicity and repetition of the slogan in the propaganda, because that is what gets over to the people. Legislation lays down the prohibitions and warns people what will happen to them if they do not obey the law. Propaganda educates them. The two together are having an effect.

    I made speeches on transport in the House ten years ago. I have noticed a different attitude, especially amongst younger people, who are more susceptible to training and education than some older people. If we have enough patience, as we did with housing, to go on and on with education, with a dose of legislation every so often as necessary, we shall at last make an effect on reducing the high percentage of road deaths and serious injuries.

    I commend my right hon. Friend for what he is doing. I am a great supporter and fan of his. I hope that he will get all the support he needs to implement this Measure and carry on with his propaganda campaign.

    11.17 p.m.

    I congratulate my right hon. Friend the Minister and my hon. Friend the Parliamentary Secretary on what has been a very considerable feat in this Parliamentary Session, namely, getting through two major Bills —the Transport Bill and the Road Traffic Bill. We are all very grateful to the Parliamentary Secretary for the patient work he has done on many details.

    With the passage of the Bill we have not by any means solved the traffic problem. Much remains to be done about road traffic in the next few years. When one is aware of the mighty motorways, under-passes, over-passes and closed circuit television for traffic control which are in existence overseas, one recognises what a lot there is still to do.

    I am not sure that we have done quite enough in the Bill in respect of defective cars I know that we have the seven-year test. It will shortly be the six-year test. As I have pointed out during the passage of the Bill, there is an enormous number of defective cars on the roads. There are many logbooks relating to old cars floating around. The cars are built up into semi-new cars. It is strange that this country probably has about the oldest fleet of motor vehicles in the world. On the Continent one hardly ever sees an old vehicle, nothing over 5 or 6 years old. The reason is that the high Purchase Tax here gives cars a very high second-hand value. Cars are held on for years and years, much longer than vehicles are kept on the road in other countries.

    This has been a useful Bill. I know that my right hon. Friend will go on thinking about traffic problems and acting on them and, I hope, reducing the number of accidents, as he has done already. I think that he is the first Minister of Transport for years and years actually to reduce the number of accidents. Knowing that he will go on in that way, I have great pleasure in supporting the Bill.

    11.20 p.m.

    I also want to say how glad I am that the Bill has finally come to the end of its long journey. It was a traffic casualty itself in the previous Session. It got caught up in a traffic jam and never got through to this House. It has taken quite a long time having reached the House, though not as long as its predecessor in 1955–56.

    I differ from my hon. Friend the Member for Bedfordshire, South (Mr. Cole) in his hope that we shall have another Road Traffic Brill in two years' time. I have vary much enjoyed our debates on this one but I do not know that I should like to chow all this over again within a spell of 24 months, and I am not quite sure that my right hon. Friend, if he is still occupying his present post two years hence, will want to repeat the experience.

    The Bill has been improved during its progress, and while such a Measure may do some good, it would be the greatest mistake to think that it can make a really major contribution to the reduction of road accidents. Even if we were to have another Road Traffic Bill in two years' time, with more details and heavier penalties, it would be impossible for that operation to have a marked effect on road accidents—

    When I spoke of another Bill, I meant that there would than be new matters to discuss—(hovercraifit on the roads, and so on. I did not mean going through the whole thing again.

    I had today the agreeable experience of going in a hovercraft, but I do not see these vehicles coming on the roads in the next two years.

    What we sometimes overlook in our debate on road safety and road legislation is the fact that we have in this country the most remarkably law-abiding set of motorists in the world. The contrary is constantly implied in our debates, as it has been this evening. We hear so much about the vast number of people killed and injured on our roads and about the heavy burden of guilt and the responsibility lying on my right hon. Friend's shoulders. Of course those people are killed and injured, and it is all very sad that it should be so, but let us not forget that our accident figures compare most favourably with those of any other country and that the number of accidents per vehicle mile have been steadily declining year by year for a long time. We cannot, of course, go too far in our efforts to reduce the accident rate, but our motorists are not the bloody, reckless, careless animals it is sometimes suggested in our discussions that they are. Our motorists, as I say, are the best in the world, and if we are to make really substantial progress in reducing road casualties it must be through our road programme, not through our legislation.

    Incidentally, we also have the best road system in the world, which we constantly denigrate. It is inadequate, and should be improved very quickly, but we forget that in Europe about 80 per cent. of the roads are mud surfaced. In one European country that I visited, about 82 per cent. of the roads were gravel surfaced—but we were not, of course, invited to see those roads. We are a little self-depreciatory. I should like to put it the other way round, and say that our motorists are wonderful by any world standards, and that our roads are jolly good.

    But, being on top like that, let us do even better, because success leads to success. If that is the picture, it is not right that we should sometimes shape these rather blunt weapons for bludgeoning the motorist. I have sometimes regretted hearing hon. Members on both sides say that motorists who get involved in accidents are so outrageous that we should do all we can to get them convicted. This is a rather lawyer-like quibbling, when one looks into the details, drafting and exact consequences of the provisions.

    I have detected almost impatience in certain quarters, an impatience leading one to believe that when a man is brought before a court for a motoring offence he deserves everything and that nothing is too bad. I do not believe that that is a justifiable approach, and many hon. Members have done everything they can to resist that sort of attitude. We have succeeded, while resisting it, in improving the Bill.

    In my view, a lot of the accidents occurring after 10 p.m. are not, contrary to what the right hon. Member for Vauxhall (Mr. Strauss) said, caused largely by drink. As my hon. Friend the Member for the Isle of Thanet (Mr. Rees-Davies) pointed out, there is not the slightest evidence to support that argument. It is easy for a committee of doctors to write a pamphlet and circulate it, but their opinions are, after all, only opinions.

    There is hospital evidence to support the argument that drink is responsible. The Cassie Report definitely stated so.

    All the reports in the world, Cassie Report or otherwise, do not advance the matter one inch.

    Unless there is evidence to show that something is so, one cannot definitely say, "This is so."

    What better evidence can there be than the results of examining 500 people who were killed in road accidents? Such an examination was carried out and it was found that 50 per cent. of the corpses had alcohol in their blood to the extent of more than 50 mg. Is that not good enough?

    I cannot, with great respect, see the relevance of that. There is an accident in which someone happens, because two motor vehicles or a motor vehicle and a pedestrian have come into contact, to be killed. The question is what caused the accident? The fact that alcohol was found in some of the corpses may or may not indicate that the cause was drink, and to try to erect from such indirect evidence a conclusion that more than 50 per cent. of all accidents occurring after 10 p.m. were due to someone being drunk is to carry scientific deduction into the realms of fairy tales.

    I do not know what the right figure is, nor does anyone else. We know tine number of people convicted of being drunk while driving motor vehicles. That is a certain and exact statistic. The rest is speculation. I say that because, in my view—which is based on nothing but my own driving experience—a great many accidents which occur after 10 p.m. are caused in some degree by dazzle, which I regard as one of the major factors causing night accidents, a view shared by the late hon. Member for Ebbw Vale, Mr. Bevan, and a great many others.

    I beg my right hon. Friend, when using the powers which the Bill gives him for the first time to prescribe the use of headlamps in built-up areas, to remember that if he uses those powers indiscriminately there may be a large increase in the number of deaths and injuries caused by dazzle. I say that because I know that he is under pressure from certain police authorities to use those powers. I shall be sorry if he increases the amount of headlamp dazzle on our roads.

    I can envisage some difficulties arising from the provisions contained in Clause 13 concerning Statutory Instruments. I hope that my right hon. Friend will look into this matter because, as a Member of the Select Committee on Statutory Instruments, I am not sure how we shall discharge our duty if we are asked to report on Statutory Instruments laid before the House continuing in force Ministerial orders which are not themselves Statutory Instruments, which have never been laid before the House and which may, I suppose, not be supplied before the Select Committee. I hope he will think this over. This is a novel procedure, and it could result in some difficulties in the mechanics of this House.

    After those otherwise somewhat critical words, may I nevertheless say that this Bill has my wholehearted approval. I do not think we have wasted any time in debating it. All of the debate has bean entirely genuine and valuable, and this Bill when it goes through will make some contribution, even if not an enormous one, to safety on the roads.

    11.31 p.m.

    Several of my hon. Friends have already congratulated my right hon. Friend on the passage of this Bill. Several of them have also mentioned that this is not the last word in road safety. I do not think we should part with this Bill, however, without one further last word, which nobody has yet mentioned. This Bill has involved some very intricate drafting, particularly of Amendments. I think we should congratulate my right hon. Friend and his legal advisers on the skill with which they have dealt with some of these Amendments. I am sure that the Bill will be effective, but I do not think it will have the effects which my hon. Friend the Member for Bedfordshire, South (Mr. Cole) thinks and that some surprising results will emerge in the courts from its drafting. I am sure that it will have the results which are intended.

    Question put and agreed to.

    Bill accordingly read the Third time and passed, with Amendments.

    Nigeria (Gift Of Speaker's Chair)

    Resolution reported,

    That an humble Address be presented to Her Majesty, praying that Her Majesty will give directions that there be presented, on behalf of this House, a Speaker's Chair to the House of Representatives of Nigeria, and assuring Her Majesty that this House will make good the expenses attending the same.

    Resolution agreed to.

    Address to be presented by Privy Councillors or Members of Her Majesty's Household.

    Representation Of The People (Northern Ireland)

    11.33 p.m.

    I beg to move,

    That the Representation of the People (Northern Ireland) Regulations, 1962, dated 6th July, 1962, a copy of which was laid before this House on 12th July, be approved.
    These Regulations concern a rather narrow point, and I shall try to be as brief as possible in my explanation of their purpose. I think they can best be described as consequential upon consolidation of the electoral law of Northern Ireland which has recently been carried out by the Parliament of Northern Ireland in the Electoral Law Act, Northern Ireland, 1962.

    It has been found convenient for a number of years to combine together in the case of Northern Ireland the register of electors to this Parliament at Westminster, electors to the Parliament of Northern Ireland at Stormont and electors to local authorities in Northern Ireland. This practice is governed on the one side by legislation of the Parliament of Northern Ireland, and on the other side by regulations made under our Representation of the People Act, 1949.

    Our own regulations are the Representation of the People (Northern Ireland) Regulations, 1950, as amended by subsequent regulations. Regulation 5 of the 1950 Regulations provides that in every year in which the register of electors to the Northern Ireland Parliament and to local authorities in Northern Ireland is prepared under the provisions of Section 13 of the Elections and Franchise Act, Northern Ireland, 1946, which is, of course, an Act of the Northern Ireland Parliament, the register of electors for that year to the United Kingdom Parliament shall be combined with that Northern Ireland register. The 1946 Act of the Northern Ireland Parliament has, however, been largely repealed and the Northern Ireland law has been consolidated in the Act to which I referred, the Electoral Law Act (Northern Ireland), 1962.

    Because of the repeal in large measure of the 1946 Act, we wish now to amend our 1950 Regulations in order that the registers of electors to the United Kingdom Parliament may continue to be combined with the Northern Ireland registers which will now be published each year under the new Northern Ireland Act of 1962.

    The hon. Gentleman speaks of the 1962 Act as a consolidation Measure. Is he using that term in the same technical sense as we use it here, namely, to mean the grouping together of existing Acts without any variation in them?

    I believe that to be so in substance. I could not say that it is so verbally throughout, but I think that that is the fact.

    For the sake of completeness, I should add that we wish to combine additionally the electors lists—which are, as it were, the preliminary draft of the electors registers—and also the corrupt and illegal practices list in respect of United Kingdom elections with those prepared and published annually under the Northern Ireland Act of 1962 to which I referred.

    11.37 p.m.

    The Under-Secretary of State, on whose promotion the House congratulates him, has among his duties that of looking after Northern Ireland. We must, of course, bear with him if he has had so many matters on his mind that he has not been able to examine this part of his duties with the care which, I am sure, he has devoted to all the others in the time the has been in the Department.

    The hon. Gentleman's introduction of these Regulations could be misleading. He said that we are dealing with a rather narrow point and that these Regulations are consequential upon an Act which had been passed in the Northern Ireland Parliament at the beginning of this year, the Electoral Law Act (Northern Ireland), 1962. When he was interrupted by my hon. Friend the Member for Gloucester (Mr. Diamond), he said that, as far as he knew, this could be described generally as a consolidation Act. It would, therefore, be natural for hon. Members to take it from the hon. Gentleman that this was a purely formal matter and that the Regu- lations should go through without anyone paying very much attention to them. Also, of course, the time at which the Regulations are brought forward would add to that impression.

    I take quite a different view of the Regulations. It is not my fault that they must be discussed at this hour of the night, nor is it your fault, Mr. Speaker. It is the Government's decision that we should discuss these Regulations at a very late hour, but they are very important Regulations nevertheless affecting, in one sense, the whole democratic structure in Northern Ireland. For the Under-Secretary of State to suggest—I do not blame him, for the reasons I explained—that the Measure which was passed through the Northern Ireland Parliament was nothing more than a consolidation Measure is to mislead us, albeit unintentionally, in a most monstrous fashion.

    The Measure to which these Regulations refer was discussed at very great length in the Northern Ireland Parliament. I assume that every hon. Member present tonight, if not the hon. Gentleman at the Home Office, has read the debates. I have the reports of the debates. There are stacks of them. The Northern Ireland Parliament had long debates on the precise Measure to which these Regulations are related. It had all-night sittings and debates that went on night after night. It had a Guillotine imposed. Before the Guillotine was imposed, the closure was operated in a manner which would make the Patronage Secretary here green with envy. Indeed, I hardly like to reveal this part of my discoveries because it might put ideas in his mind.

    If one reads what happened in the Northern Ireland Parliament in discussing the Clause to which these Regulations refer, one sees that very often the Government Chief Whip in the Northern Ireland Parliament would move the closure after a matter had been discussed for a matter of ten minutes.

    Will the hon. Member be good enough to assist me in explanation of the ground upon which he urges that these matters arise on discussion of the Regulations?

    Yes, Mr. Speaker. The Minister was asked by my hon. Friend the direct question whether the Electoral Law Act (Northern Ireland), 1962, to which the Regulations in approximation apply, was a consolidation Measure.

    Two problems arise. One is whether we are discussing these Regulations applying in approximation to that law. The other is whether our rules of order are governed by questions asked of the Minister by an hon. Member. Neither of them appears to me to be right.

    The spokesman for the Home Office said that the Regulations that we are discussing refer to the Electoral Law Act (Northern Ireland), 1962, which was a consolidation Measure. If the House accepted the view of the Home Office that the Act which was passed through the Northern Ireland Parliament was a purely consolidation measure, we would be ready to agree with the view of the Home Office. I was indicating, however, that it was a most controversial Measure and, therefore, the Regulations that we are asked to pass may also be controversial. Indeed, no other Measure passed through the Northern Ireland Parliament in recent years has been as controversial as the Electoral Law Act (Northern Ireland), 1962. to which the Regulations are directly related.

    It may have been a most heathenly controversial Measure, but what seems to me to arise on the Regulations—and I will hear the ban. Member on the subject—is two quite easy questions, namely, whether these electoral lists should continue to be combined and jointly published and whether the preparation of the corrupt and illegal practices list should be made under a single set of regulations. I do not see how any other issue arises.

    Surely, Mr. Speaker, we are entitled to consider whether the Regulations should be made; and in considering that, we must consider whether they are reasonable. Surely, in considering whether the Regulations are reasonable, to bring them into conformity with an Act passed in Northern Ireland, we are entitled to consider the circumstances in which the Northern Ireland Act was passed and the degree of controversy surrounding it.

    I do not think so. Of course, the House can consider whether the Regulations are reasonable or desirable. What seem to me to be the grounds on which we can discuss them are the two questions which I have already posed.

    The question whether the Regulations are reasonable and appropriate is exactly the matter to which I was proposing to direct my remarks, but I was making what I considered to be a legitimate preliminary comment that when these matters were discussed in the Northern Ireland Parliament, so far from the Measure to which the Regulations relate being regarded as a consolidation Measure, it was regarded as a Measure which concerned the whole democratic structure of politics in Northern Ireland.

    I understand that it is not right for us in this House to discuss the same matters which were discussed in the Northern Ireland Parliament, but I would draw attention to paragraph 1 of these Regulations. It says:
    "The register shall, so far as practicable, be combined with the register of parliamentary electors or, as the case may be, the register of parliamentary and local electors prepared and published under section 28 of the Electoral Law Act (Northern Ireland) …
    One of the matters I wish to discuss, and which I should have thought would have been exactly in order, is whether we should relate our Regulations here to the law under the Electoral Act in Northern Ireland, which was one of the matters which in fact aroused the greatest controversy when discussed in Northern Ireland. Nothing, I should have thought, could be more in order than discussion whether we should pass Regulations which accept in effect the decisions made by the Northern Ireland Pariament on the local electors, and the Minister said himself—

    Perhaps I could help the hon. Gentleman, who, I think, has misread the Regulations. The idea is merely the same as that in this country, that the various electoral registers should be in the same document and that they should be made at the same time for purely administrative simplicity. There is no question, in accepting the Regulations, of making the local Government and Westminster Government electors identical. It is simply that the lists are put inside the same cover.

    I am sure they are not identical. That is one of the greatest complaints. I am sure the hon. Member knows that. There is no identity at all between the register of local electors and of those voting to send the hon. Gentleman to this House. That is one of the biggest grounds of complaint. The hon. Gentleman knows that very well. I hope he is not going to use his position here to try to deceive innocent Members of this House who do not realise the facts. But some of us are aware of what does happen in Northern Ireland. Of course there is no identity. That is one of the main reasons why the debate went on in the Northern Ireland over a long time and the Guillotine was imposed.

    As I said earlier, I should have thought it was a legitimate preliminary comment that what we are discussing here tonight is a matter regarded as of the gravest importance in Northern Ireland by a large number of people—shall we say? —one-third of the population. The hon. Gentleman does not deny that figure. It is a matter of great importance to them, and therefore I am thinking it would be quite wrong for this House to allow this question to go through without discussion, and if in fact the speech of the Under-Secretary had passed without comment, the speech in which he said we were just dealing with a consolidation Measure, and if that had been the news going across to Belfast tomorrow, we should have been laughed out of court. I am sure the hon. Gentleman would not like that to happen. So I was just making a preliminary comment, as I said.

    I must say that I have not studied the affairs of the Northern Ireland Parliament in such detail for quite a time, and I am absolutely shocked at the way in which the Measure dealing with the whole conduct of elections in Northern Ireland should have been debated—

    Order. In no conceivable fashion imaginable can what happened in the Northern Ireland Parliament in relation to that Measure as a matter of procedure be in order in discussion of these Regulations.

    No. I have been led astray by what the hon. Gentleman said—that this was a purely consolidation Measure. I leave that at once.

    As I said earlier, one part of the Regulations we should examine most carefully is that paragraph I have already quoted. This is one of the reasons why such strong objection is taken to the Electoral Law Act, with which we are supposed to co-ordinate these Regulations, because the local register, as the hon. Gentleman the Member for Belfast, North (Mr. Stratton Mills) has indicated, is quite different from the national register in Northern Ireland. There are large numbers of people who are deprived of the right to vote in local elections in Northern Ireland even though they have the right to send Members of Parliament to this House.

    On a point of order, Mr. Speaker. Am I right in my understanding of what you have ruled as to the width of discussion on these Regulations? Is it correct that the only point arising for discussion is not the merits or otherwise of the electoral laws in Northern Ireland, but purely whether one should combine the list for the Westminster elections in the same book as for local government elections and the Stormont elections?

    What I have said, and I am sure it is right, is that the issue before the House is on—leaving out the "corrupt" and what-not list—whether two lists should be combined, and I do not regard as relevant to that the methods, or the alleged improper methods, by which a certain Statute was secured its passage through the Northern Ireland Parliament.

    Further to the point of order, Mr. Speaker. With regard to the point raised by the hon. Member for Belfast, North (Mr. Stratton Mills), I see in the document the words:

    "The register shall, so far as practicable."
    Can we debate the meaning of those words or their limitation? It is very strange to us in that the reference is to its being "practicable" to combine the register. So it is not exactly a combination of the register but only "in so far as it is practicable to combine the register". This is a great limitation and should be probed thoroughly in order to discover why.

    The hon. Member's view is interesting, but I do not feel that the practicability of combination of the two registers is in any way related to the procedure by which the Northern Ireland Statute came upon the Northern Ireland Statute Book.

    Mr. Speaker, you rebuked me earlier for discussing the methods by which this Measure was passed through the Northern Ireland Parliament, and although I thought it was a perfectly legitimate point for me to make, as a result of your Ruling I have abandoned that part of my argument and I was proceeding to a further part of the argument.

    I said that one of the major complaints about the whole situation in Northern Ireland—thus has nothing to do with what was discussed in the Northern Ireland Parliament—is the distinction between the registers for those who can vote in local elections in Northern Ireland and those who can vote in the elections either to the Stormont Parliament or to this House. Then the hon. Gentleman interrupted me. He and his hon. Friends may be able to stop debate in the Northern Ireland Parliament, but I hope they cannot do it here.

    It is a fact, I am sure—the hon. Member did not interrupt me to deal with the facts—that only about two-thirds of the electorate in Northern Ireland are able to vote in local elections. In the City of Belfast there are 81,000 people who can vote for candidates for the Stormont Parliament or for this Parliament but cannot vote in local elections. In the City of Derry there are some 8,000 electors who are able to vote in national elections but are denied the right to vote in local elections. How can anybody defend such a principle?

    On a point of order, Mr. Speaker. I should be glad to discuss every aspect of partition between the North and the South of Ireland with the hon. Gentleman, but with regard to the limitation of debate on these Regulations, is not the hon. Gentleman going very much wider of the point in dealing with the merits once again?

    I thought that in that passage, exceptional as it may be, the hon Gentleman was legitimately arguing why there should not be a combination of the two lists, which is rather different from the note on which he started.

    I am most grateful to you for your Ruling, Mr. Speaker. I never mentioned anything about partition. I was discussing the situation of citizens of this country for whom we are responsible who are denied rights in Northern Ireland which they would have if they lived in this country. The hon. Gentleman, Who no doubt gets elected to this House by boasting of his allegiance to the British flag, ought to try to incorporate into the laws of Northern Ireland more of the laws of this country.

    Order. The hon. Member keeps putting me in a difficulty. The question of whether it should be incorporated into the law of Northern Ireland is another matter. We are discussing that the two lists, so far as practicable, shall be combined.

    I have been led astray again by the hon. Gentleman, but I will now stick strictly to your Ruling, Mr. Speaker.

    I thought that when I was discussing the distinction between the two registers I was on very firm ground, and I could quote further examples of how, in fact, large numbers of people in Northern Ireland are denied rights which they would obviously have in this country. Moreover, at the same time as large numbers of people in Northern Ireland are denied the right to vote on these local registers there are other people there who are given plenty of votes on the register. In local elections, as the hon. Gentleman knows very well, large numbers of people in Northern Ireland have seven or eight votes because they have a business vote, a company vote.

    All the arrangements which we made under our laws for setting up new registers in 1946 and 1947 when we overhauled local government in this country and all the measures which we put through for establishing universal suffrage in local elections in this country have not been adopted in Northern Ireland. Domestic servants are excluded in Northern Ireland and people who are employed in many places do not have votes. That may astonish some hon. Members, but it is true. At the same time there are large numbers of people who have seven or eight votes. The hon. Gentleman does not deny that.

    Can the hon. Gentleman substantiate that fact?

    The hon. Gentleman would do a great service if he could substantiate it categorically.

    I will substantiate it only too gladly. I have here the report of the Parliamentary debates in which the whole of this law was discussed in Northern Ireland. Mr. Speaker would rule me out of order if I went into the details of that discussion. The facts were never denied. Statements were made by spokesmen in the Northern Ireland Parliament that many company voters, as they are called, had seven or eight votes, and that was never denied by the spokesmen of the Northern Ireland Government. If the hon. and gallant Member for Fermanagh and South Tyrone (Lieut.-Colonel Grosvenor) can produce to me from the report of the debates, which I am sure he will have studied, evidence that this fact was ever denied by spokesmen in the Northern Ireland Parliament I shall be glad to withdraw.

    The hon. Gentleman will realise that I am asking the question.

    Order. We shall get into difficulties if we have interventions upon interventions.

    The hon. and gallant Gentleman has raised a point. I merely ask whether he will deny that there are persons in Northern Ireland who have more than one vote.

    Here is the difficulty, and it is a perfectly sensible one. I am sure the hon. Member will agree with me. Perhaps the hon. and gallant Member will speak and when he does he will be able to intervene upon him. What is the difficulty about the process of debate is the permitting of an intervention upon an intervention. I am sure that will be understood.

    The hon. and gallant Member fox Fermanagh and South Tyrone challenged me, I am sure in good faith, to substantiate my statement. I have read the debates on this matter which took place in Northern Ireland—which is more than he has done—when this question of people having seven or eight votes was raised. The allegation was made time and again and never denied by the Government there. Indeed, Government spokesmen gloried in the fact. They argued that not only did this happen but that it was right to happen, because this was one way to attract industries to Northern Ireland.

    On a point of order, Mr. Speaker. I apologise for pressing you on this matter, but I feel that the hon. Member for Ebbw Vale (Mr. M. Foot) is going much beyond the bounds of these Regulations. I submit that the only point on which he can address the House is on the question of whether the registers should be combined. Yet he is discussing at great length the whole question of the composition of the Northern Ireland Parliament and of the local government side of the register. I submit that this is definitely not relevant.

    The question is whether the register should continue to be combined. I agree that the limits are delicate, but obviously criticism of the contents of one element of the to be combined list is just within the limits. Nothing would be more tedious or out of order than to discuss the debates in the Northern Irish Parliament underlying the Act which gives rise to the present contents of the register alleged to be defective. But the line is delicate. I hope that we can get on.

    Further to that point of order, Mr. Speaker. I submit quite strongly that we cannot discuss the composition of Stormont and the local government side of the register. With respect, I suggest that you have given a slight edge by which the hon. Member for Ebbw Vale can discuss these things.

    The question is Whether the lists should continue to be combined. If one of them is vicious, then that is an argument in flavour of not continuing the combination. That is the limit.

    You have made my speech much more eloquently than I could have done, Mr. Speaker. You say that if the system of local registers is vicious then obviously that is a ground—

    It would be interesting, in considering this matter, to know whether the hon. Member for Ebbw Vale is expressing the official view of the Labour Party or merely a part of it.

    The hon. Gentleman should know that I am speaking for myself, and it would be a good thing if he did that for a change. It seems that the only object of interventions by hon. Members from Northern Ireland is to try to stop other people from speaking.

    You said, Mr. Speaker, that if the system of local elections and the register of local electors was vicious, this was obviously ground for not continuing it. I would have thought it perfectly proper for me to cite, as evidence of why I thing it is indeed vicious, the fact that a large number of people in Northern Ireland, in debate on the electoral law Which were of such length that the guillotine was imposed and the closure was moved—

    Order, That is precisely what I said was out of order. I wish the hon. Member would remember that.

    I understand that it would be proper for me to go over the arguments that took place in the Northern Ireland Parliament. But you said quite clearly, Mr. Speaker, that there is the question of whether the register of local electors in Northern Ireland is vicious, and surely that is a matter for argument. Some hon. Members disagree and say that it is a perfectly proper system. I am trying to sustain the view that it is vicious, to use your own word.

    I am not doing more than discharging my duty. Whatever happened in the Northern Ireland Parliament in relation to the passage of the Act which constituted the lists, the procedural matters, such as the Guillotine, cannot be relevant to this debate.

    I do not wish to be over-persistent in the matter, but if the question is whether the way in which they register local electors is evidence or not, surely it is proper to cite the evidence on one side or the other. I should have thought that among the evidence which could be cited—even though you rebuke me for saying so, apparently, Mr. Speaker, I still think so—is what many people in Northern Ireland think, and particularly as other people from Northern Ireland who sit as Members of this House are not speaking for the people of Northern Ireland tonight.

    A large number of people in Northern Ireland are very concerned about this matter. They think that they are being robbed of their rights. They are denied the right to vote in local elections. All these people—

    Order. All that may be perfectly right and true. But the Regulations which we are debating relate to whether the two existing lists shall continue to be combined.

    I should have thought that when we are deciding whether to approve the Regulations and agree to combine them, and whether to vote on the matter, we are entitled to discuss and consider the views of the people in Northern Ireland on the subject. As is perfectly evident from what has happened in the debate, the spokesmen from Northern Ireland have come here eager to suppress debate rather than to engage in it. The Measure was passed through the Northern Ireland Parliament in circumstances which I will not describe, because to do so might cause me to become out of order. I should have thought it perfectly proper for hon. Members on this side of the House to say that we are going to vote on opinions held by a large number of people in Northern Ireland, including those who are disenfranchised, and will continue to be, if we give our approval to these Regulations. This House still retains a considerable responsibility for what happens in Northern Ireland. We have representatives from that country who sit in this House—

    Order. I am not following the hon. Gentleman and I am trying to do so. He will correct me if I am wrong. The alleged disfranahisement —I am trying to use a neutral expression —does not arise from the question, aye or no, should these lists continue to be combined. It arises, as I understand the argument of the hon. Gentleman, upon some Statute passed by the Northern Ireland Parliament. The issue on these Regulations is whether the existing lists shall continue to be combined.

    Yes, Mr. Speaker. But this Act which was passed by the Northern Ireland Parliament a few months ago so far from being a consolidation Measure was one which perpetuated what had gone on before that time, and when many people in Northern Ireland are saying that the whole electoral law in Ireland should be reconsidered. They debated all these electoral matters, and therefore if, when we are asked to give our opinion on two registers which will conform to the Act which was passed in Ireland, we allowed this to go through and accepted the view of the Minister, the news which would go to Northern Ireland tomorrow would be that the British House of Commons approved what had been done. There is not the slightest doubt that the view of many people in Ireland, and of the newspapers, would be that, despite all the disturbance in the Stormont about this matter, the British Parliament had accepted it without anyone thinking that it was of importance. In that sense, we are deciding whether we shall approve the consolidation of the two registers, and therefore I think that we are entitled to discuss whether we approve of many of the items included in the Act which—

    Order. That really is not so, and the whole debate will get out of order unless I persist in interrupting the hon. Gentleman, although I regret the necessity for doing so. The point is, shall these two lists continue to be combined? Suppose the House decided that they should not be combined by disapproving these Regulations. Whatever the defect of disfranchisement of which the hon. Gentleman speaks, it would remain. The combination of the lists does not affect that factor. That is the difficulty.

    With great respect, Mr. Speaker, surely we must be able to contend that the Northern Ireland list is open to such objection, is so defective and so vicious, that our United Kingdom list ought not to be combined with it?

    Yes. I do not mind that in the least, but the idea that the merits or demerits of the disfranchisement can be discussed is wrong, because it will remain whether the House approves or disapproves of these Regulations. That is the distinction.

    There are other grounds, to which I will turn now, on which I believe that we should not agree to the Regulations. We cannot pass these Regulations without giving in some measure approval to the form of the register which they have accepted in the Northern Ireland Parliament. There are other grounds of objection apart from the disfranchisement of people in local elections. Hon. Members may not be aware of the many differences in the electoral system which they have in Northern Ireland. They do have poll cards sent out by the Post Office, as we have in this country. This system was introduced in this part of the United Kingdom to ensure that more people would be able to vote at elections, which is very directly connected with the registers. They do not have that in Northern Ireland. Attempts were made there to try to get the system introduced. They were all rejected by the friends of hon. Members opposite who represent Northern Ireland in this House.

    In many cases they are now allowed to use schools for public meetings in Northern Ireland. They introduced Measures that try to obtain that. That was also denied. There are many other differences. Under their rules they still have university votes. Queen's University returns Members representing 3,000 voters each, although the average for the whole country is about 18,000. Attempts were made to change that. It was changed in this country, but not in Northern Ireland, not even by those in Northern Ireland who boast of their efforts to maintain the British way of life. They talk about the British way of life, but they do not incorporate into their system the British electoral method.

    There is another ground on which I object to the registers. This is more important than any of the other points which I have raised. These registers refer to particular boundaries of constituencies. In the Act to which these Regulations are related and to which the registers are related the boundaries of the different constituencies are laid out. The boundaries are such that in local elections and in national elections the will of the Irish people is grossly distorted. Numerous cases can be cited. Derry City has a two-thirds Nationalist population, but owing to the way in which the register is organised, which we are partly discussing, the Unionists are in control. The same applies in Omagh in Tyrone and in Eniskellen in Fermanagh. [HON. MEMBERS: "Where?"] Eniskellen. Hon. Members opposite have never heard of it. Perhaps I cannot pronounce the words right, but I have the facts correct. Hon. Members opposite want to suppress this. The facts, which they want to conceal, are that under this form of register— hon. Members opposite laugh about it— in great townships and cities in Northern Ireland, although the majority of people are Nationalist in their outlook, they can never get a majority in their own cities. This is an outrage, but hon. Member opposite laugh at it.

    Order. It may be an outrage. It may not be. How will that be affected by approving or disapproving of these Regulations?

    I think that I can answer that very simply, Mr. Speaker. If we were to throw out these Regulations tonight it would have a very big effect in Northern Ireland.

    Whatever they are, to change the constituents of the Northern Ireland register, they are wholly in- effective. I am not trying to be tiresome to the hon. Gentleman but trying to present to him the effect of the Regulations.

    On a point of order, Mr. Speaker. I apologise for being persistent, but I ask you once again to look at your Ruling that the alleged "viciousness" in the Northern Ireland electoral law gives an opportunity for this matter to be discussed under these Regulations, because if one does that the whole field can be discussed.

    I think that the hon. Gentleman is night to that extent. It depends on the class of viciousness ome is discussing. If the lists were not in accordance with Northern Ireland law and were vicious in that respect, the argument would at once be valid. That is the difficulty. But the issue before the House is whether or mot we approve of these Regulations, and a state of affairs left unaffected by the approval or disapproval is a matter out of order. That is the difficulty about it all.

    On a point of order, Mr. Speaker. You mentioned Northern Ireland law, but we are not here concerned with Northern Ireland law; we are here concerned with British law.

    I am so sorry—the hon. Gentleman corrects me with complete accuracy. I meant statute law enacted in the Northern Ireland Parliament.

    Perhaps you could help us, Mr. Speaker, in relation to the limitations under the Regulations which we are asked to approve. To take "Preparation of the register", we are asked to approve in paragraph 1 (1) these words:

    "… All claims for registration and all objections to any person's registration shall be made within the time and in the manner prescribed by, and shall be dealt with in accordance with the provisions of the said Act of 1962 …"
    To ask us to approve that without examining the provisions of that Act is Surely asking far too much.

    I do not think so. All these Regulations ask is whether or no the two lists shall continue to be combined, that is all.

    Then I wonder why, in that case, Mr. Speaker, the matter should ever have arisen, if it was so purely technical as that. I am told that I raised it, but that is not the case. Why is it that these Regulations are brought before the House at all? It is because in Northern Ireland they have passed a new Act, which the Minister thought to be a purely consolidation Act until I informed him otherwise. He now learns that it is a much bigger affair. As a result, we are asked to pass these Regulations, so we are surely entitled to decide with some care whether or not we should give our approval. But if we find that the registration is conducted in a manner that we in this part of the United Kingdom would find deplorable, surely we are entitled to make our protest and, if we wanted to, say to the Minister, "Take back your Regulations and discuss the matter with the Northern Ireland Parliament," which is exactly the main point I shall try to press on the House.

    I do not blame the Minister because, in particular, we know that there have been some rather drastic changes, but that is what happened, and it directly relates to the Regulations. Following the passage of the Act in Northern Ireland, representations were made to our own Home Office. The Nationalist members—and, I think, some others— presented a memorandum to the Home Office asking it to reconsider the Regulations under the Act. I do not know whether the Minister recalls that, or has been informed about it by his officials, but he should find out about it, because I am informed that soon after the passage of the Act, a month or two ago, prior to the introduction of these Regulations, representations were made by the minority in Northern Ireland to the Home Office, asking it to set up some form of inquiry, or to consider the whole question before proceeding to draft the Regulations to be presented to this House.

    What did the Home Secretary, who is now the Deputy Prime Minister, do? According to my information—and I would be glad to have this confirmed or denied—no reply was sent to this memorandum. The Home Office merely referred the matter to the Stormont Parliament to deal with. It is just as if repre- sentations were made to the Home Office from, say, Leicester, Orpington, Bradford or Stockton saying that something was wrong with an election and the Home Office passed the matter on to the Conservative Central Office. About the same process would be involved. As I say, according to my information that is what happened.

    Do hon. Members opposite feel strongly about this? They may do, but the people in Ireland feel even more anxious. Hon. Members opposite have the right to vote. Should not the people of Ireland have the same right? This anomalous position arises; a person in Northern Ireland may stand for Parliament in London if he is a member of the Sinn Fein Party, but he is not allowed to stand for the Stormont Parliament or even to vote. While hon. Members opposite may feel very strongly about this, I can assure them that the people of Ireland feel even more strongly. They have justice in saying that they should have some say, for although it is possible for a Catholic to be President of the United States, he could never be a leading citizen in Derry City.

    Hon. Members opposite must not think that they feel so passionately about Ulster. The people there have rights. It is because their rights are not represented in this House and because no voice is raised from Ireland to speak for them on the benches opposite that some of us are acting in this way. After all, they have many other problems in Northern Ireland. There are many other distinctions between Northern Ireland and the rest of the United Kingdom. They have a much heavier rate of unemployment. They badly need their electoral rights.

    We must, therefore, ask the Home Office to explain why no reply has been made to the representations made by the minority in Ireland, representations sent to the Home Office following the passage of the new law. We must also ask the Home Office to remove these Regulations in view of what has been said, in view of what others will say and in view of our deep concern over what is happening in Northern Ireland. The Home Office should reconsider the matter and discuss the whole question with the Northern Ireland Parliament, because there is no doubt that they would wish to be in on the discussions.

    Some of us want these Regulations repealed tonight because we want the people of Ireland to know that we are dissatisfied with what is happening there. We must let them know that we are not content—certainly not content with a situation in which in a Parliament 20 out of the 39 Unionist Members in Northern Ireland are invariably elected unopposed. Why should they care about registers? [HON. MEMBERS: "Oh."] That is true. And they also arrange boundaries. The whole system is manipulated by a power which I do not say is dictatorial—I would not compare it with what happens in Spain, Portugal or some countries in the East—but which is bad enough.

    Mr. Herbert Morrison, now Lord Morrison, altered our boundaries.

    If the hon. Member studies the matter he will find that as a result of him altering our boundaries the Labour Party lost the Election of 1951.

    Order. We seem to be getting a long way from the combination of these two electoral lists.

    The hon. Gentleman who interrupted me need not think that the operation and manipulation of boundaries in Northern Ireland is a laughing matter. Anybody who has studied the matter knows that the boundaries on the registers have been manipulated to sustain in power a single party rule. I ask the House and the Home Office to consider this matter very seriously, and I ask the people of Northern Ireland, including those who have almighty powers with their guillotines in the Stormont, to recognise that whatever they may do, there are some people who will raise these matters in this House, even though it is very rarely done by the so-called representatives of the Irishmen.

    12.25 a.m.

    I may have misunderstood the situation, but, as I read these Regulations, we are dealing with a simple point as to whether certain registers should continue to be combined—that is to say, either to be printed on one piece of paper and to have marks made against individual names to denote whether they shall be included for all three parties or, as the hon. Member for Belfast, North (Mr. Stratton Mills) has indicated, combined by being bound together in one bound volume.

    I seek to address arguments to demonstrate that the continuation of this procedure has led to difficulties. I would illustrate very shortly what those difficulties are, and I hope to convince the Government that it would be unwise to continue this system of combination because of the difficulties to which it has led. It is precisely because we are continuing the system that I think I am entitled to address these arguments.

    As my hon. Friend the Member for Ebbw Vale (Mr. M. Foot) has made clear, the lists are different in the sense that some (people are entitled to vote on one list and those people are not entitled to vote on another list. On the first list of local elections the system might be described as less than democratic because any number of people do not have a vote at all. On the list for the Stormont Parliament the system may be described as something more than democratic because many people have more than one vote. Some of them, as my hon. Friend has demonstrated and proved, have eight.

    I apologise for the noise which was being made as you were talking the Chair, Mr. Deputy-Speaker. I was pointing out that there are two separate lists on the first of which—the local authority list—many people do not have a vote at all, and on the second list —the Stormont Parliament list—many people have more than one vote, some as many as eight votes.

    Would the hon. Gentleman be so kind as to give an illustration to the House? Can he cite some individual case where the elector has eight votes?

    Perhaps it would be more convenient if I were to deal with one intervention at a time. The last thing I want to do is to cause difficulties with the Chair owing to the fact that there has been a slight misunderstanding as to the extent of this debate. However, as opposed to the hon. Member who just intervened, I take the view that considerable regard should be had for authoritative statements in the Stormont Parliament.

    Might I finish my observations, or is the hon. Member seeking to delay the proceedings?

    Since the hon. Gentleman has asked a question, perhaps I might answer it. I attach considerably mere weight than he does to the authoritative statements in the Stormont Parliament. In that Parliament the allegation is made and repeated that individuals have more than one vote. There are many examples in the Act, if I may be allowed to read the Act to which the Regulations refer. I can read the list of the different circumstances under which a person can have a vote. There are many instances. They are referred to in the Schedules to the Act and under Section 28. I am sure that the hon. Member is just as familiar as I am with the Electoral Law Act (Northern Ireland), 1962.

    These statements having been repeatedly made in the Stormont Parliament and accepted, that is fairly good evidence, good enough for me. One can envisage under the law circumstances in which a person could have more than eight votes. That merely depends on how many different constituencies in which he has property.

    Will the hon. Gentleman give an example of an individual who, to his knowledge, has eight votes?

    No, I cannot give an example of an individual because I do not know of any particular individual by name who has eight votes. I am dealing with the matter in a much broader and more responsible way by referring to the number of votes which a person could have under the Electoral Law Act (Northern Ireland), 1962, and the number of votes which it is admitted in the Stormont Parliament he could have.

    I do not know why hon. Members opposite are so touchy about it and why they keep seeking to restrict the debate. It is an extremely important matter.

    No, I will not give way. The hon. Gentleman has his chance to intervene. I noticed that when the opportunity came for him to intervene he did not seek to rise. Apparently, he has nothing to say but merely wants to interrupt other people's speeches.

    Hon. Members apposite seem to regard this matter with more jocularity than same of us do. If the hon. Member for Down, North (Mr. Currie) seeks to catch your eye in due course, Mr. Speaker, no doubt he will be given his opportunity.

    What we are concerned with is the fact that, by combining two registers, we have created difficulties in the past, and those difficulties are likely to continue if we go on with the same process. The argument is as simple as that. I shall illustrate it with one or two examples.

    On one list a man may have a vote and on the other list he may not have a vote. Let us consider the position of an elector to the Stormont Parliament He wants to vote in a local authority election. If he had a separate list, he would examine that separate list and ascertain whether he had or had not a vote in the local authority ejection. However, because it is a combined list, he does not seek to do this. There are any number of people who are entitled to vote but who do not do so. I am not seeking to examine the grounds on which votes are granted but merely to consider whether such votes as are granted are, in fact, exercised. A mam who is entitled to vote does not exercise his right to vote because of the confusion arising from the combination of the lists.

    What are some of the results of such a person refraining from exercising his right to vote? The local elector is unable to put pressure on his local representatives. Fundamentally, of course, that is the way in which one puts pressure on elected representatives. One does not do it merely by saying to a local councilor, "Will you please do this". One does it by asking him to do something and then adding, "If you do not, please remember that, when your time comes for re-election, I shall not vote for you". As a result of the combination of the lists, a man is denied the knowledge that he has a vote and he is denied the opportunity to put pressure on local councilors.

    What are the consequences of this denial? Circumstances in Northern Ireland are not what they should be. Local councilors are not made as fully aware as they should be of, for instance, the state of unemployment in Northern Ireland. They acre not made as fully aware as they should be that, during the past ten years, unemployment there has averaged 8 per cent. The elector cannot bring pressure to bear upon his local authority representative because of the combination of the list.

    Not sufficient activity takes place in order to encourage the economy of Northern Ireland. There is the further difficulty that the Under-Secretary of State well remembers from a previous incarnation, a difficulty which still exists and which is likely to continue for many subsequent incarnations unless something is done and every opportunity is taken to bring the matter to the notice of the Government. As a result of the circumstances Which I have described, local authority representatives are not made sufficiently aware of the critical situation in Northern Ireland in certain respects. In Belfast, for example, local councillors are not made sufficiently aware of the fact that there is a large firm there by the name of Short's which is on the point of folding up because the Government over there—

    Order. I am reluctant to interrupt the hon. Member, but I do not think that he is entitled to go into such detail as he appears to be doing.

    Of course, I accept immediately what you say, Mr. Deputy-Speaker. I have given one example, and one only, of the general thesis I was propounding, which depended on the simple argument that we ware making a mistake by combining the lists, and it is about combining the lists that the Regulations exist. I hope, therefore, that I shall not offend unduly. I have quoted one example only and I turn immediately to the second point.

    Before the hon. Member does so, can he explain to me, not knowing the details of the Northern Ireland position, how it differs from the position of people in this country who have local government votes in constituencies in which they do not reside and do not have Parliamentary votes? There are instances of that in a number of constituencies and it seems to be much the same thing.

    I am grateful for the hon. Member's intervention. He is asking me to explain the difference in Northern Ireland and here. The difference is that Northern Ireland has unemployment permanently at the rate of 8 per cent.—[Interruption.]—I have been asked a question and, presumably, I will be allowed to answer it as the question was allowed to be put.

    The difference between Northern Ireland and here is that in Northern Ireland, as a result of the combination of the registers and the lack of expression, therefore, of voters to which they are entitled, there exists a state of affairs of unemployment at 8 per cent. which is accepted and continued year after year, whereas here, in any area such as Northern England or Scotland, if the unemployment gets to half that figure we spend days debating that topic. That is the difference between the two countries.

    The hon. Member, who invites me to give way, has just come into the Chamber and is not aware of the interventions—

    On a point of order, Mr. Deputy-Speaker. Could we have your assurance that if any hon. Member from Northern Ireland would like to speak in the debate, you will call him?

    The House knows the rule perfectly well. Hon. Members rise and take their chance of catching the eye of the Chair.

    I take it, Mr. Deputy-Speaker, that the rule still applies that if an hon. Member does not rise, you do not call his name and require him to speak. Northern Ireland Members opposite have not risen whilst there was an opportunity to speak. They have risen only so long as there was not opportunity to speak and another hon. Member was on his feet.

    I turn to the second leg of the argument, namely, that the combination of the two lists leads to difficulties for those on the other list and not on the first one—that is to say, those who would want to vote in a national election but are on the local authority's list and, because the lists are combined, do not go out and seek a separate list to see whether they are entitled to vote and, because they do not seek a separate list, know that they are not entitled to vote on the local authority's list and, therefore, deny themselves the right to vote on the major or nationalist. Indeed, they deny themselves once, twice, thrice, four, five, six, seven or even eight times according to the number of votes to which they are entitled under the Act, which it is not our province to discuss, but merely to take note of the results.

    Therefore, we get the situation that there exists in Northern Ireland a lack of adequate political representation because people do not exercise their votes as a result of the combination of the lists. As a result of the combination of the lists and people not exercising their votes, they are not able to put proper pressure on their Parliamentary representatives. Every Member of Parliament here knows that when a constituent comes and asks a question and invites one's co-operation, he may finish by saying, "I hope you will do this for me. Remember that I am a constituent and have the power to vote for you. "But how does one react to a constituent who says," Will you please do this for me although it will be very awkward for you and land you in a lot of difficulty? Will you do it for me, bearing in mind that whether you do it or whether you do not do it it will make not the slightest difference to the voting at the next election because I, who am asking you to do this, have no vote"?

    Therefore, we have the situation in Northern Ireland of continuing unemployment, which is continuing at a rate which is intolerable by any standard other than a Northern Ireland standard —utterly intolerable. We get the situation where hon. Members who are supposed to be looking after their constituents and the rate of unemployment in Northern Ireland are not subject to the proper—I repeat, proper: not an improper—proper pressure to which every Member of Parliament ought to be subject by the fact that if he does not look after his constituents properly and see they have work he will not be re-elected at the next election.

    As a result of the compilation of these two registers and the lack of clarity which follows from their compilation and the continuation of the system as before, we get a continuation of the situation we have had over the last ten years, where anything up to 10 per cent. or more of those who are seeking work in Northern Ireland find themselves unable to get it and unable to exert appropriate political pressure which would result in their obtaining it. Therefore, these being the circumstances, the results flowing directly from the operation of the system of combing these lists, which I am sure is a proper thing to discuss in a debate limited by the Regulations before us, I hope very much that all of us are going to voice our opinions and do our best to see that these Regulations do not go through and do our best to see that the people of Northern Ireland have representatives who are prepared to see they do get work and that Short's, for example, does get more orders.

    12.42 a.m.

    We have listened to a pretty little series of sermons from Gloucester and Ebbw Vale this evening about these Regulations. As I tried to demonstrate on points of order when Mr. Speaker himself was in the Chair, the point here is a very narrow one indeed. Although I do not quarrel with the Chair's Ruling, I would be reluctant to follow the full width of debate taken by the two previous speakers on the whole subject of Northern Ireland electoral law, but I hope that by saying that I shall not debar myself from just one or two comments inside the rules of order.

    In the Stormont election of 1953 I was an election agent, and I can testify to the very great complications which one had in dealing with the law spread over many Statutes and over many regulations. I can assure the hon. Member for Ebbw Vale (Mr. M. Foot) that the 1962 Act was a Measure of codification. I think I am supported in my view by this, that though the hon. Gentleman had the Act with him this evening he was unable to point out one new point in the Act to demonstrate that it was not a Measure of codification. I will certainly give way if he or any other hon. Member wishes to oppose my point on that. No? It looks as though both sides of the House accept what I say.

    As I was invited to intervene I would ask the hon. Gentleman a question. If that Measure was, as he says, merely a matter of codification— which in this House under our rules we cannot debate at all—and if it was purely a consolidation Measure, as the Under-Secretary said it was, would the hon. Gentleman kindly explain why nevertheless the debate on it went on for a very long time and why it was so extremely controversial?

    Since the Hon. Gentleman insists it was a consolidation Measure, would he comment on the statement of the Minister of Home Affairs, who, introducing the Bill on Second Reading, said at the conclusion of his speech, having gone through each part of the Bill,

    "It will be quite clear to hon. Members that this is in very large measure"—

    Order. I understand that that is quoting from what the Minister said in another Parliament. Am I correct?

    Following Mr. Speaker's Ruling, I am anxious that our debate should be confined to citing arguments why, or not, these two electoral lists should continue to be combined, and it seems to me that we are in danger of going far beyond that quite simple argument.

    On a point of order, Mr. Deputy-Speaker. The very simple issue before us tonight is to approve of something which was done in another Parliament. Why, therefore, can we not discuss what was done in that Parliament?

    I did not reply because I did not think it was outside the proposition which I put forward as to what I believed to be in order. We are discussing whether or no two electoral lists should continue to be combined and published together in one bound volume.

    On another point of order, Mr. Deputy-Speaker, arising from the position in which the House now finds itself. The hon. Member for Belfast, North (Mr. Stratton Mills) threw out a challenge, which you allowed, regarding codification. The challenge has been offered and now we cannot answer it. You ruled it out of order after the hon. Member had offered it.

    It may be that I should have intervened a minute or two earlier. I accept responsibility for that. But let us get off that and back to what is in order.

    Further to the point of order, Mr. Deputy-Speaker. May I address an argument to you to illustrate that your Ruling was, as usual, exactly correct in allowing the hon. Member for Belfast, North (Mr. Stratton Mills) to throw out a challenge? Before you came into the Chair—you would not be aware of this unless somebody told you —the Minister, in introducing them, made it clear that the Regulations referred to the Act, which he said once or twice he thought was a consolidating Measure. It is most material to the consideration of these Regulations whether the Act was a pure piece of codification, because that would rule out all sorts of arguments as to whether it was the sort of Measure one would imagine it to be having regard to the fact that it was fought, and fought very heatedly, in the Northern Ireland Parliament. With the greatest deference, I would say how wise I thought you were in allowing the challenge to be made by the hon. Gentleman as to whether this was or was not a consolidating Measure.

    Further to the point of order, Mr. Deputy-Speaker. Surely it is completely out of order for us to discuss in this Parliament what has taken place, or the manner in which a debate has been conducted, in the Parliament of Northern Ireland?

    Will the hon. Member give way, since he issued a challenge?

    Not a point of order, Mr. Deputy-Speaker, because I do not think a point of order arose out of what the hon. Gentleman said, for he did not seek to prove that this was a consolidation Measure but threw out a challenge to any hon. Member on the Opposition benches to say whether there was any new point in the Act which has just been passed. Surely it would be in order for some of us to take part in this discussion on the ground that we objected to the time of the House being taken to approve these Regulations issued by a British Home Secretary because there is no new point, on the ground that we are asked to spend the time of the House endorsing a Measure which makes no contribution whatever to the reform of the procedures for electing people to a Parliament in Northern Ireland which might contribute something to solving the economic problems of that area in respect of which we in this House have a great deal of responsibility but very little power?

    With respect, I think that I can differentiate between a point of substance and a pure debating point under which category the last intervention would come.

    I will deal with the point of substance made by the hon. Member for Gloucester (Mr. Diamond). He suggested that if this was as I said, a consolidating Measure, then why was it in order to have it debated in Stormont. While risking your displeasure, Mr. Deputy-Speaker, I would merely say that being a small Parliament one allows much wider degrees of latitude in procedure. If any hon. Member wished to discuss the codification of any Measure then it would be—

    Order. I am sure that the hon. Member is allowing himself to go out of order in discussing in detail how the Parliament of Stormont operates.

    Yes, I confess, Mr. Deputy-Speaker, that I may be out of order, but I was tempted by the hon. Gentleman opposite. I repeat what I said, that this is in substance a codification Statute, and the fact that the hon. Member for Ebbw Vale produced no evidence to dispute the point was, I think—

    I am most grateful to the hon. Gentleman for giving way after he has challenged me three times to say that I could not produce the evidence. The Minister made it clear that it was a very large Measure and said that he would provide hon. Members with details about it. Likewise, he continued by saying that hon. Members might find points of detail in the Bill which could be amended and which would make the law more workable, upon which one hon. Member shouted out "You bet". That does not sound to me as if it were a codification Measure.

    With respect, I do not think that the entertaining intervention of the hon. Gentleman has moved me from my essential paint, that this is in large measure a matter of consolidation. If the hon. Gentleman examines the Statute he will see that this is true. He has produced no con-orate example of any substantial alteration of the law as a result of this Measure.

    When the hon. Gentleman says that there was no substantial change in the law, in many respects, of course, that is true, but the reason is that the majority in the Stormout voted down one Amendment after another.

    I am very glad to see that the hon. Gentleman has at last changed his ground on this point.

    If the hon. Gentleman knows anything about consolidation Measures he will know that they can-not be amended. He will be aware that the Title to the Bill which he is discussing is:

    "An Act to Consolidate with Amendments"
    So it is an amended Bill and a new Bill.

    I said earlier Chart it was in substance a consolidating Measure, and, if there are any major Amendments, not one of them has been brought out in the debate, and I still stick to my ground on that point.

    I make one other point. The hon. Member for Ebbw Vale attempted to prove that this was a major change in legislation by—

    Order. This is not the point. Gould the hon. Member direct his remarks to the Regulations that we are now debating?

    I confess, Mr. Deputy-Speaker, that I am falling into my own trap. I am unable, therefore, to answer the point put earlier by the hon. Member for Ebbw Vale.

    The only other matter was one permitted by Mr. Speaker, when he said that the question could be mentioned as to whether the attachment to the list of —to use his phrase—of a "vicious" electoral law for the Stormont Parliament or local government tainted these Regulations. Interesting allegations have been thrown across the Floor of the House about electoral practice in Northern Ireland. Any statistician worth his keep can always prove what he wishes to. For example, during the war, an Australian Minister said that tank production there had increased during the previous six months by 100 per cent. An opposition member pointed out in reply that this statement was quite true, but that in the six months prior to that only one tank had been produced while in the current period two tanks were manufactured.

    One can use figures to demonstrate virtually anything. The various examples which have been given across the Floor of the House can cancel each other out. The most powerful point of all, Which I ask the hon. Member to remember, is that in the 1959 elections for the Westminster Parliament, held under Statutes passed by this House with boundaries fixed by the Speaker's Conference, Ulster Unionist Members were returned for all twelve Northern Irish seats.

    No matter what mathematical confusion the hon. Gentleman may raise, the election demonstrates the political allegiance of Northern Ireland. The continued combination of the electoral registers in one document is a useful administration measure merely continuing present practice, but owing to codification of the previous law it has been necessary to bring in these Regulations, which I welcome.

    Since the hon. Member has paid such tribute to the way in which he and his colleagues are elected to this House, will he say why he does not advocate the same system of elections for local government in Northern Ireland? Why does no member of the Unionist Party in Northern Ireland advocate the same register for local government as there is for this Parliament? There are three registers—a residents' register, a company register and a property register. It is that we are objecting to. Why not one register?

    In his constituency the local government register and the Parliamentary register are by no means identical. Admittedly, in Ireland, both North and South, we move at a slightly slower pace in these matters than does this side of St. George's Channel, but he will find that it was only in 1944 that the local government electoral law in this country was altered.

    It was changed then, indeed. We in this part of the United Kingdom believe in universal suffrage. We believe that it is an extremely important matter. We want to know why the hon. Member, who is content that he should be elected by universal suffrage to this House, should not operate the same principle in local elections in Northern Ireland. Why does he not have the guts to advocate there what he is advocating here?

    1.0 a.m.

    It was interesting to listen to what the hon. Member for Belfast, North (Mr. Stratton Mills) had to say. Many of us know that under the present circumstances there will always be twelve Unionist Members returned for the twelve seats in this Parliament. We know that the results of the elections are a foregone conclusion, just as they are for the elections behind the Iron Curtain, because the results are manipulated in quite the same way—

    Order. The hon. Member is going further than he is entitled to go in presenting his argument relating to these Regulations.

    But, Mr. Deputy-Speaker, the hon. Member for Belfast North made great play with the fact that twelve Northern Ireland Unionist Members are returned for the twelve seats in this Parliament. Some of us happen to believe that there are special reasons for that. Quite frankly, we think that it is because the same kind of democracy does not prevail in Northern Ireland as prevails in this country. The reason why we are arguing against these Regulations is that they were forced through the Ulster Parliament by the use of the guillotine and the gag. The Ulster Government did not want them discussed or the voice of the minority heard. Some of us believe that that voice has a right to be heard and that if it cannot be heard in Ulster the only other place where it can be heard is in this Parliament which has to sanction Regulations which were bludgeoned through the Stormont

    How does the hon. Gentleman reconcile that argument with the fact that in the recent Stormont elections the Labour Party took part and its candidates declared that they would win? There was no complaint then by the Labour Party.

    Order. I do not think that the debate should proceed further on that line. I do not see how the question of whether these two lists should continue to be combined can be affected by what the hon. Member is seeking to argue.

    The hon. Member for Worcester (Mr. Walker) was trying to enlighten me about what happened to the Labour Party candidates in the recent elections in Ulster—[Interruption] —I am sure, Mr. Deputy-Speaker, that you would call these muttering, unintelligent hon. Gentlemen opposite, if only they would rise from their seats in a courteous manner.

    Will the hon. Member for Jarrow (Mr. Femnyhough) tell the House whether he is referring to the Irish Labour Party or the British Labour Party?

    I cannot see how that makes any difference. The question is whether these two lists should continue to be combined. Arguments about the Labour Party in Ireland or the Labour Party in the United Kingdom seem to me to make no difference at all.

    They make this difference, that because of these electoral registers, because there are votes for property owners and for university people, because there are people whose names are on the registers when they should not be, because there are other people whose names are not on the registers when they should be, we get twelve Unionist Members in this House.

    I think that the hon. Gentleman will find that in the Westminster elections the Northern Ireland constituencies are governed by the Representation of the People Act, 1949, and have exactly the same sort of lists and registers as apply in the constituency of the hon. Gentleman.

    No, the hon. Member does not. That is what all the argument is about. That is what these Regulations are about—whether the lists should be combined. All we want to ensure is that the same measure of democracy shall apply in Northern Ireland as in this country. Nobody believes, and nobody ever will believe, that there is the same measure of democracy. People have only to go there and witness what takes place in the elections, the intimidation and victimisation, to know full well that it would not be tolerated here.

    On a point of order. [HON. MEMBERS: "The hon. Lady has not heard a word of the debate".] Is it in order for the hon. Member to make remarks about the way in which well governed and orderly elections in Northern Ireland are conducted?

    There has been a tendency for the whole debate to get out of order. I hope that it will not continue in this vein.

    Never in my life have I seen hon. Members so touchy. What have they to hide? What is it they do not want revealed? Why should they be so anxious and concerned? Why do not they take part in the debate and give us the proper picture if the picture we are giving is not the true one? The truth is that they have something to hide. They want to maintain a system which is unfair to the vast majority of people in Ulster. Some of us are determined that, although hon. Members opposite never speak for the minority, we shall raise our voices on every possible occasion.

    1.6 a.m.

    I intervene in the debate as one who has not only not got a drop of Irish blood but no Scottish or Welsh blood either, I am glad to say. I speak as an Englishman and. therefore, with possibly a more detached view of the whole situation. I am drawn to my feet by the lack of ingenuity of the hon. Member for Gloucester (Mr. Diamond). I asked him why it was right to combine the local government and Parliamentary electoral lists in this country but apparently not right to do so in Northern Ireland. He replied to me that the unemployment rate in Northern Ireland stands at 8 per cent., but in this country it is a good dead less. That is not a very satisfactory answer.

    What my hon. Friend the Member for Central Ayrshire (Mr. Manuel) has said is probably the right answer. I was trying to make a very simple argument. Perhaps the hon. Member for Gravesend (Mr. Kirk) did not hear the whole of it. Under these Regulations it is proposed to continue a certain practice. As this practice has in the past led to certain defects, if we continue it it is likely to lead to defects in the future

    That argument does not hold water. The system does not lead to any defects in this part of the United Kingdom. Here the two lists are combined, and the results as regards employment, which is apparently what worries the hon. Member for Gloucester, are excellent. If he is worried about the unemployment rate in Northern Ireland, he should look for a solution elsewhere. It does not lie in opposing the combination of the local government and Parliamentary electoral registers. That argument cannot be followed to any great degree.

    I am not aware of any other Regulation on the Order Paper which permits this discussion.

    That is why I suggest that the hon. Member is chasing a hare which does not exist. I have studied the Act with great care. When the hon. Member referred to Section 28 he was in fact calling in aid Section 30 and Part III of the First Schedule, relating to certain company qualifications in Northern Ireland. Company qualifications, though admittedly not as extensive as those set out in Part III of the First Schedule, exist under the British electoral law with regard to local government elections.

    The hon. Member for Jarrow (Mr. Fernyhough) made an impassioned plea about university votes, but the universities have votes in local government elections in this country. The University of Oxford returns twelve members to the Oxford City Council. The University of Cambridge returns ten members to the Cambridge City Council—two less, showing that it is a less important university, but otherwise the principle is the same.

    I cannot understand why hon. Members opposite suggest that, although the principle which we adopt here of combining the lists is right, it is wrong in Northern Ireland.

    Do I take it that in his own constituency the hon. Gentleman would accede to a combined list that cut out a vast number of the people there who now have the right to vote in local elections? That is the crux of the whole question of the combined register.

    I am sure that the hon. Gentleman has studied with great care Part III of the First Schedule of the Electoral Law Act (Northern Ireland), 1962—I have. It does not cut out anyone—[Interruption.] Mr. Deputy-Speaker, a lot of hon. Members opposite complain of those who interrupt them not standing up to do so, but that is what they are doing. I do not object because the hon. Member for Central Ayrshire (Mr. Manuel) has a louder voice than I, but if he has studied Part III of the First Schedule of the Electoral Law Act (Northern Ireland), 1962, as I am sure he has, he will have seen that it does not cut out anybody but includes a lot of people—that is all—and a lot of the people in the constituency of Gravesend are included in the local government register. The local government register includes peers of the realm, to which I object, because the only peer of the realm in Gravesend happens to vote for the Labour Party—

    I am sure that the hon. Gentleman would not wish to misrepresent the situation. I understand his argument to be that the system of local elections is the same in Northern Ireland as it is here, according to his reading of the Act. I am sure that he would not wish a misrepresentation of that nature to go forward. There is no dispute in Northern Ireland that the system there is different from the system here. If he looks at the Act which he says he has studied so carefully, he will see that there there are three forms of registration, including company registration and registration on a residential qualification.

    Those forms of registration are very different from those in this country, and they do exclude a number of people from voting who would be able to vote under British electoral law. That is not denied by anyone in the Northern Ireland Parliament, but it is defended on the ground that it is quite proper that there should be extra representation for business votes. If anyone reads the debates he will realise that there cannot be any dispute about this. Whether people think it right or wrong, on the facts there cannot be any dispute about that. What happened in this country was that at the end of the war we had our Local Government Act which established universal suffrage in local elections, but for some reason or other that was not done in Northern Ireland—

    Order. I draw the attention of the hon. Member for Ebbw Vale (Mr. M. Foot) to the fact that he has already exhausted his right to make a speech and that only a short intervention is not out of order. The hon. Member was going beyond what the length of an intervention should be.

    I apologise for the length of the intervention, Mr. Deputy-Speaker, but I am sure that the hon. Member for Gravesend (Mr. Kirk) will now agree Chat those are the facts.

    With the greatest possible respect to the hon. Member, I cannot see in Sections 28, 29 or 30 of the Act we are now discussing anything that excludes anybody. It is merely that Section 30 includes a lot of people to whom he objects. As I understand it, it is almost more liberal than ours. The primary qualifications in the First Schedule contain a number of things with which I would not necessarily agree—

    The hon. Gentleman criticised me for not having read the First Schedule, which I have, but which I interpret differently and, with all deference, I think that my interpretation is the correct one. If the hon. Gentleman will look at Part III of the First Schedule he will read that:

    "A person must …on the qualifying date be residing in the area as the occupier of a dwellinghouse, or as the spouse of such an occupier …"
    That excludes anyone other than the husband and wife in the house. A servant is excluded. That is but one example.

    That is going back to the position in this country before the Local Government Act, 1948, but my point is that in England, Scotland Wales we have a number of electoral lists that are combined, and the objection here appears to be to combining lists. That is the only objection. The great plea of the hon. Member for Gloucester (Mr. Diamond) was that no one would go to the lists to see if he had a local government vote, but the same applies in this country to a peer of the realm. He is not going to know in which constituency he will vote. He may have seven or eight estates and must search the electoral registers to discover where he is registered—in exactly the same way as someone coming under Part III of the Act must search the registers.

    For that reason I suggest that a lot of the arguments about unemployment in Northern Ireland, much as we all regret it—although we can be certain that our Northern Ireland colleagues are doing all they can to rectify the position—are beside the point. We are only concerned with the question of whether Northern Ireland should follow the practice operating in the rest of the United Kingdom. That is the only point before us, and since the practice works well here I hope that Northern Ireland, in its wisdom, will see fit to follow us.

    1.15 a.m.

    I had not intended to speak in this debate. There has been much laughter and frivolity on the part of hon. Members opposite, and we have just heard the hon. Member for Gravesend (Mr. Kirk) deliver a cheap, fifth form speech. He is normally so serious. This is, after all, a serious debate, for there is a minority in Northern Ireland who are being badly treated. The Regulations under discussion concern them, and because there is no one here elected from that province to speak on their behalf we must feel indebted to my hon. Friend the Member for Ebbw Vale (Mr. M. Foot) for having spoken up for them. Should the time ever come when no one in this House will stand up and speak on behalf of any minority we might as well pack up and go home.

    Meanwhile, all we have had from hon. Members opposite who are supposed to represent these people are sneers and laughter. I can see one hon. Member opposite laughing now. I do not know which constituency he represents. In fact, I do not think I have seen him before. I realise that there are not sufficient hon. Members here tonight successfully to vote on behalf of the people about who I am speaking. If we voted we would be defeated, just as these people in Northern Ireland will be defeated. The result of our defeat would be laughter and sneers from hon. Members opposite. Are they satisfied with that? Are they satisfied, as the hon. Member for Gravesend did, merely to quote this or that Section of an Act? That hon. Member should be ashamed of himself.

    How many true Ulster Unionists are in the House at present? I can see three, possibly a fourth—and one of them came in five minutes ago. Another of them sneered when my hon. Friend the Member for Gloucester (Mr. Diamond) and the hon. Member for Ebbw Vale spoke about certain persons in Northern Ireland having more than one vote. Will one of the Ulster Unionists now present stand up and deny that there are people in Northern Ireland who have more than one vote?

    Moments ago there was a lot of laughter and frivolity. Now that I have asked that question there is none. I am waiting for one of them to deny that some people have more than one vote. I will willingly give way if one of them will volunteer. There is no volunteer. They do not care about minorities. Surely I am asking a legitimate question? I should like an answer.

    About which elections is the hon. Member speaking? Is he referring to the Westminster or Stormont elections.

    I did not understand you correctly, Mr. Speaker. What was improper in the remarks I have used in Parliament, in Westminster?

    The hon. Member used offensive language of another Parliament, and I am sure that he would not wish seriously to continue on that line.

    Hon. Members: Withdraw.

    I have not been asked by the Chair to withdraw. If Mr. Deputy-Speaker asks me to withdraw, I shall do so. I do not want to.

    Simply and solely in response to your Ruling, Mr. Deputy-Speaker, I will withdraw. But I repeat, can any Ulster Unionist or anybody else tell me whether or not it is a fact that persons have more than one vote in any election in Northern Ireland? If not here, why should it be so in Ireland? There is great silence from the benches opposite.

    1.21 a.m.

    The hon. Member for Graves-end (Mr. Kirk) sought to make a great point out of recommending my hon. Friend the Member for Gloucester (Mr. Diamond) to look elsewhere for a remedy for the unemployment situation in Northern Ireland than in these Regulations. That struck me as about on a par with one of the more fatuous interjections from the benches opposite when an hon. Member asked if the speech of my hon. Friend the Member for Ebbw Vale (Mr. M. Foot) represented the policy of the Labour Party.

    What is important to say at the moment is that this document containing these Regulations represents the policy of Her Majesty's Government, presumably, since it has at the end a very important signature—"R. A. Butler, One of Her Majesty's Principal Secretaries of State." Since 6th July he has carried out a consolidation measure of his own, and that is a matter which was not debated at the time, although perhaps it will be debated tomorrow. He is now the First Secretary of State, but he still retains the general oversight of this problem. The Home Secretary has the responsibility for dealing on our behalf with matters concerning the affairs of Northern Ireland. It is the Home Secretary, not anybody on the other side of the Irish Channel, who has presented us tonight with this document for which he requires the affirmative Resolution of this House. That is why I think it is our duty to stay here and deny that affirmative Resolution, if we can, on the ground so ably indicated by the hon. Member for Gravesend that this is a waste of time.

    Whenever I see Northern Ireland mentioned on the Order Paper of the House of Commons I say to myself, "This is it. Now they will introduce the Measure. Now Her Majesty's Principal Secretary of State has devised something to deal with these dreadful problems of unemployment and imbalance of industry in Northern Ireland. Now Her Majesty's Principal Secretary of State has begun to give to the problems of Northern Ireland some of the intelligent research and careful preparation that are given to the economy of the Common Market. Perhaps we are going to have as lengthy a debate, as substantial a Measure and as important a change in economic policy."

    Order. It would be better if the hon. Member would confine his speech to what is in fact before us now.

    I was about to say, Mr. Deputy-Speaker, that when I look more carefully I am disappointed. I find that all we are asked to do on this subject is to approve a Motion to implement a Measure which by general consent contains not one item of reform even in the electoral system, let alone in the rest of the matters on which Her Majesty's Principal Secretary of State ought to have been exercising his mind. It is rather a long time since this debate started. It is a matter of considerable regret to us all on these benches that the time which is available now under this heading could not have been devoted to something more practical and constructive, and if it were possible I should like to stay here to move that this Motion be read this day six months. That is the way to treat it. That is how we should treat a trivial piece of legislation introduced on Second Reading which we thought did not meet the situation and was unworthy of Her Majesty's Government. I regard these Regulations as unworthy. I am sorry that the time of the House has been wasted in discussing them. I wish that it were possible to postpone their adoption for six months to give the Government time to introduce a useful and constructive Measure concerned with Northern Ireland. It is for that reason that I have stayed here tonight to oppose these Regulations.

    1.25 a.m.

    I did not intend to enter the debate, but I feel that I must try to correct the hon. Member for Gravesend (Mr. Kirk) who deliberately tried grossly to mislead the House. The hon. Gentleman said that he was familiar with the Act and with the Regulations relating to it, and, in answer to the point which I put to him, he claimed that the same electoral freedom for local government electors obtained in Northern Ireland as obtained in his constituency. The hon. Gentleman regaled the House with his knowledge of the Electoral Law Act (Northern Ireland), 1962, but does he know what is provided in Section 29 (5) of it? That subsection gives the lead to what governs certain aspects of voting in local government elections in Northern Ireland, as the hon. Member for Belfast, North (Mr. Stratton Mills) knows. I see the hon. Member for Gravesend looking it up now, although he is supposed to know all about it.

    We should not tolerate in this country any such provision as is contained in Section 29 (5). I am speaking of local government elections only, and I am not dealing with Parliamentary elections at this point. The subsection provides:
    "A person registered as a local elector in two or more local government electoral areas may vote at the election of the local authority for each such area notwithstanding that such elections are synchronised."
    If a man has property in ten or twelve places, not just eight, he could, despite the synchronising of polling arrangements, vote in all ten or twelve elections. This is a property right of voting which we have discarded.

    On a point of order, Mr. Deputy-Speaker. Is it relevant to discuss these matters relating to local government in Northern Ireland on the issue before the House?

    Yes, so far as it is relevant to the argument as to whether or not the two lists should continue to be combined.

    Thank you, Mr. Deputy-Speaker. I was trying to keep in order and refer to the combination of the lists. I could have brought in the position of companies and so on, tout I was dealing just with the two lists. I accept what the hon. Member for Bedfast, North said about the registration of Parliamentary electors, and I am dealing only with the combination of the lists.

    There is no hon. Member opposite, no matter where he comes from or what constituency he represents, who would justify such a state of affairs as is permitted by the subsection which I have read out. I am gravely disturbed that the hon. Member for Gravesend should have tried so grossly to mislead the House, saying that he had knowledge of the Act and asserting that the situation in his own constituency was the same as is provided therein.

    What I said was that the lists in my constituency have been combined as they are in Northern Ireland. That is so. The hon. Gentleman cannot deny it. It is true in his constituency, too.

    I do not want to be unkind about this, but I intervened during hon. Member's speech and asked whether he suggested that the provisions governing local elections in his constituency were the same as those in Northern Ireland. He replied to that question, and that is what he must answer for now.

    Perhaps the hon. Gentleman could help me on this question. In England, if one has property in one town and property in another town, can one vote in both?

    The 1948 Act, passed by the Labour Government, altered all that. Advantage used to be taken of that position. A person now has to declare in which local government area he will record his vote. Surely, everybody knows this.

    1.30 a.m.

    I do not think that when the Minister moved the adoption of the Regulations he could have imagined that they would lead to such a prolonged and interesting debate, lasting over two hours. I cannot help feeling that if the debate has taken far longer than the Minister expected and has proved more controversial, to some extent he has only himself to blame.

    The Minister was at fault when, in his opening remarks, he referred to the Act of the Northern Ireland Parliament as being a consolidating Measure. Quite obviously, it was much more than a consolidating Measure in the sense in which we understand that term here. It was an Act of the Northern Ireland Parliament which probably codified the law and made a number of amendments and changes in the existing law and, as we have heard, involved a great deal of controversy. Part of this debate has been due to the fact that the Minister rather suggested to the House that the Statutory Instrument that we are considering was merely the result of a consolidating Measure in Northern Ireland, which it is not.

    The debate has at least shown to the Minister what depth of feeling there is in this House with regard to affairs in Northern Ireland which has enabled the House, when an opportunity arises within the rules of order, to give vent to its dissatisfaction with so many things that are occurring in Northern Ireland. It has also been significant that we have had such noisy interjections from those Members from Northern Ireland who sit on the benches opposite.

    On the merits of the Regulations, the Minister will now probably realise that he has not made a very convincing case for them. Looking back, I hope he will realise that he has not said anything to convince the House that there is any merit in our agreeing that there should be a combined list with regard to the franchise both for the Northern Ireland Parliament and for this Parliament.

    It appears that there are such wide discrepancies between our ideas of what a proper franchise and a proper democratic system should be and the ideas that prevail in Northern Ireland that there are considerable objections and inconveniences in having a combined list. On reflection, therefore, the Minister may well come to the conclusion that it would be much better, in the interests of ail concerned, that there should be a separate list for the electoral roll under which Members are elected to Parliament at Westminster under a system of franchise which we recognise and know and have evolved over the centuries into a basis of universal franchise as compared with what appears to us to be a totally different franchise system operating in Northern Ireland, where, it would appear, for various reasons some people have no votes and others may have six, seven or even eight votes. If this is the fact—and it has not been seriously disputed—I cannot for the life of me see what is the advantage in continuing to combine the registers.

    I should have thought it, in those circumstances, a most inconvenient arrangement, and if there is objection to that in this House, not having what we would regard as the normal democratic register based on a sensible franchise, but mixed up with some other register, which may suit Northern Ireland—or the majority in Northern Ireland; it does not suit the minority who are not represented here, and so cannot speak for themselves—I would think that the Minister might well think, in view of the attacks made in this debate on the Electoral Law Act of Northern Ireland—which attacks are as nothing to the attacks made on the Act in the Parliament of Northern Ireland— that it is not very sensible to ask this House to allow a register on which Members are sent here to be mixed up with some other register which we do not understand and which, apparently, the Minister did not understand when he proposed this Motion to the House. He thought that it was based upon some consolidating Measure in Northern Ireland and was merely restating the existing law without any controversy or any objection.

    Now we know the facts are so totally different, and as I understand there cannot be any urgency about the matter, I would suggest to the Minister that he may think it worth while to withdraw this Motion so that he and the Principal Secretary of State—as he was: he is even more so now, I understand—can consider what action should be taken.

    1.37 a.m.

    With the leave of the House to reply briefly to the debate, I can assure the hon. Member for Islington, East (Mr. Fletcher) that the course of the debate was by no means so different from what I had imagined. Although this is the first time I had appeared at this Dispatch Box on matters affecting Northern Ireland, I am not a complete novice in the affairs of Northern Ireland, and I have listened to the discussion with the same profound interest with which I listen to all discussions on all matters concerned with Ireland whether North or South. Having for the last seventeen years now had my second home on the Border—and at the risk of being accused of gerrymandering I will not say on which side of the Border—the affairs of Ireland have occupied my mind a good deal of time, and I did not come to this debate so entirely unprepared as hon. Members may have thought.

    I do not think it true to suggest I misled the House in referring to the Act in question as a consolidating Measure. I did not, of course, mean that it was a purely scissors and paste document in Which every single word came directly out of a previous Act. It is a consolidating Measure with amendments, and that is how it is described in the Preamble to the Act. In this debate a vast and fascinating range of subjects has been dealt with—fascinating to me and, I hope, fascinating to other Members—but I do not think the House would seriously wish me by way of reply to re-enact the debates in Stormont at an earlier date, or to venture into a debate on what the hon. Member for Ebbw Vale (Mr. M. Foot) called the whole democratic structure of Northern Ireland. I think that that would certainly be ruled out of Order.

    So far as this House is concerned, it is true, as I said at the beginning, that we are concerned with a narrow point. It has been widened in debate, but fundamentally it is a narrow issue, and that is whether or not we are to continue with the practice which was in use before the 1962 Act—in other words, since 1950—of combining these registers about which we have been debating. I feel bound to say that nothing I have heard in the debate, interesting though it was, has persuaded me that the defects of the registers, if any—

    I leave that an open question—follow in any way from the practice of combining them, or that those defects would be removed by separating them. I would therefore ask the House to approve the Regulations.

    I should like the hon. Gentleman to comment on Regulation 24, which deals with illegal practices.

    Question put:

    The House proceeded to a Division:— Mr. CHICHESTER-CLARK and Mr. MCLAREN were appointed Tellers for the Ayes, but no Member being willing to act as Teller for the Noes, Mr. SPEAKER declared that the Ayes had it.

    Resolved,

    That the Representation of the People (Northern Ireland) Regulations 1962, dated 6th July 1962, a copy of which was laid before this House on 12th July, be approved.

    Gas And Electricity Boards (Rating And Valuation)

    1.48 a.m.

    The Joint Parliamentary Secretary to the Ministry of Housing and Local Government
    (Mr. F. V. Corfield)

    I beg to move,

    That the Gas Boards (Rateable Values) Order, 1962, dated 20th July 1962, a copy of which was laid before this House on 23rd July, be approved.
    I should perhaps explain that an Order relating to Gas Boards was made on 9th July, but, unfortunately, a printing error was discovered and it had to be withdrawn. Hence the new Order laid on 20th July. I regret that the error was overlooked and hope that this late substitution of a new Order has not caused hon. Members any inconvenience. I sincerely apologise, particularly to the hon. Member for Fulham (Mr. M. Stewart), if that has been the case.

    This Order and the following Order are made necessary by the general revaluation for rating purposes which takes effect next April. The basis of rating of the electricity and gas undertakings is somewhat involved, and I do not imagine that the House would wish me to go into great detail at this time of night. But the starting point is the basic totals of rateable values which were based on the total rateable values before nationalisation. There is a statutory formula by which the rateable values are adjusted annually on the basis of production and consumption. However, this only takes account of the sort of increase in rateable values which is equivalent to the increase which occurs in a factory when it is extended. It does not make any provision for the increase of rents taken into account by the quinquennial or other periodical reviews of the rating assessments of the country as a whole.

    For other types of property, of course, these changes in rental levels are reflected in the new values determined by these reviews. Without an increase in their basic totals, the level of the rateable values for electricity and gas would progressively fall behind the rateable value of other property and would bear a steadily decreasing share of the rate burden throughout the country. These Orders have the effect in both cases of increasing the valuation by about 87·6 per cent. This figure is taken because this is the expected rate of increase in the net annual values for the most comparable property, that is, the commercial class—shops, offices and the like.

    The reason why houses have been excluded from the factor is that they are being raised from 1939 values to current values whereas gas and electricity were brought up to 1956 levels in 1957. Industry and freight-transport have been excluded because it is thought that the fact that they are to lose their 50 per cent. derating may result in a lot of appeals on the ground that this will reduce rental value. It is felt in the case of gas and electricity that it would be wise to tie them to something more certain than to industry, which may have a large number of appeals. If these resulted in reductions of rateable value it would be necessary to provide in the Orders, out of fairness to the industries, for a review of the rate of increase for electricity and gas.

    I would add that consultations have taken place with the associations of local authorities, with the London County Council and with the Gas Council and the Electricity Council. I think it fair to claim that a broad measure of agreement has been reached. Perhaps not unnaturally the associations of local authorities have taken the view that the basic totals should be higher and the Gas and Electricity Councils have taken the view that they should be lower. But, broadly speaking, this is a compromise and I think that both sides are now reasonably reconciled to the Government's conclusion as to the basis on which the present adjustments are made.

    Therefore, I commend the Orders to the House. The adjustment is calculated from the same range of property as is the adjustment in 1963 of water rateable values for which the House made specific statutory provision last year in the Rating and Valuation Act, 1961. I invite the House to approve the two Orders.

    1.50 a.m.

    I am sure the House will be glad to accept the Government's apologies for the misprint in the first version of the Order concerning the gas industry, and I think that we may safely assume that few, if any, hon. Members were seriously inconvenienced by it. I think that we must also say that the result achieved in these Orders, the figure arrived at, is presumably a just figure.

    It is an extremely complicated matter. To get this result, no doubt people have laboured very diligently and probably got very little thanks for it. One may well ask, "Is there much in this except transferring money from one public pocket to another?" If we charge the gas and electricity undertakings more rates than they really ought to be charged, that may result in the consumers of gas, and electricity having to pay more for gas and electricity than they would otherwise pay. On the other hand, the consumers pay less rates. The reason that it maters, of course, is that gas and electricity undertakings vary greatly from one local authority to another and if we did not get this matter right we might inflict a measurable injustice on certain local authorities.

    I expect that hon. Members will have noted that they have not received in their post abundant representations either from the local authorities or from the gas or electricity undertakings either for or against these Orders. I think we may conclude from that silence that the compromise has produced at least an equality of dissatisfaction between the bodies concerned. So I do not think we need spend any great period of time in arguing about the actual amounts involved. We may conclude that the Orders embody a reasonable judgment as to what is fair.

    But there is one question I want to raise. The hon. Gentleman pointed out that the actual amounts of the basic rateable value of the gas and electricity undertakings are being increased by 87·6 per cent., and that that is based on a calculation of what will happen to like properties as a result of revaluation. A calculation of that kind has a great many unknowns in it. How one can be so sure that that it is going to be 87·6 per cent. and not the crude approximate of seven-eights, I do not know. I do not see how one can possibly foretell that with a degree of certaintly. However, that is the figure which has been arrived at.

    We were given in the White Paper on Revaluation for Rates a calculation about what would happen to various classes of ratepayers, and we were told that domestic ratepayers would find that their properties would be revalued at a figure four times their present value. Thus, if one had a house property which before revaluation was rated at £100, after revaluation it would be rated at £400.

    We were further told that, despite that, the amount that the domestic ratepayer would actually have to pay to the local authority would be substantially the same. His assessment would be quadrupled, but the actual amount he would have to pay would remain the same. I think it follows, if this is so, that the total value of all rateable property surely must also be quadrupled. The domestic ratepayer's property is quadrupled in value, but his share of the total to be paid remains the same. That must mean, therefore, that all rateable property of all kinds, taken as a lump, will have their values quadrupled.

    Rateable properties fall for this purpose into three groups: domestic, industrial, and the rest. Domestic is being quadrupled while the rest, of which these gas and electricity undertakings are part, is being almost doubled, at one-and-seven-eighths. It would seem to follow that the share of industry must go up considerably. It is a little difficult to reconcile this figure of 87·6 per cent. as an index for commercial, etc., properties with the figures earlier given in the White Paper. Therefore, it might be wise if, when we know a little more exactly what is going to happen, the Government publish a statement telling us what has happened, both in percentages and in figures, to domestic properties, industrial properties, and commercial properties. On the evidence which we have at the moment, it looks as if the share of the total rate burden which will fall on industry will be markedly increased. The domestic ratepayer is not to pay a larger share as a whole, and the kind of properties with which we are now concerned will pay a substantially lesser share. The increase in the industrial share would appear to be larger than anyone had previously predicted. I hope therefore that at a convenient time the Government will be able to give further and more precise information about how the rate burden is to be shared by the different classes of ratepayer.

    1.56 a.m.

    With the permission of the House, I will reply to the hon. Gentleman who is, I think, a little out with his arithmetic, although I should hate to become involved in an argument with him at this time of night. We are up against the problem that the four times factor came from the comparison in the White Paper of the gross value of houses in the 1934 lists and not their 1939 values. This complicates the issue in one sense. The industrial figure is complicated by industrial rerating so that there is not an exact parallel. The commercial figures are complicated by the loss of the 20 per cent. derating. I am advised that the expected increase in house assessments is 166 per cent., which is not quite as far from the figure we are discussing with regard to the Gas Board. I will see what can be done about a statement of what actually happens rather than a forecast. No doubt the hon. Gentleman is familiar with the table in the White Paper which forecasts that industry's share of rates will be up by about 43 per cent.

    Question put and agreed to.

    Resolved,

    That the Gas Boards (Rateable Values) Order, 1962, dated 20th July, 1962, a copy of which was laid before this House on 23rd July, be approved.

    Electricity Boards (Rateable Values) Order, 1962, dated 9th July, 1962 [copy laid before the House 12th July], approved.—[ Mr. Corfield.]

    Double Taxation Relief (South Africa)

    Motion made, and Question proposed,

    That an humble Address be presented to Her Majesty, praying that the Double Taxation Relief (Taxes on Income) (South Africa) Order, 1962, be made in the form of the Draft laid before this House on 27th June.—[Mr. Barber.]

    1.58 a.m.

    My right hon. and learned Friend the Member for Newport (Sir F. Soskice) who, as the House knows, takes a great interest in these matters, has asked me to say that, unfortunately and unexpectedly, he has had to leave the Chamber before this Motion came up for discussion.

    As I understand it, this Agreement flows from the fact that South Africa has withdrawn from the Commonwealth and broadly follows the pattern of double taxation relief Agreements made in respect of other countries. There is only one point which my right hon. and learned Friend asked me to raise. It relates to Article 20 the terms of which would seem to call for some explanation. Perhaps the Minister would be good enough to explain the precise intention of the Article.

    1.59 a.m.

    As the hon. Member for Islington, East (Mr. Fletcher) has explained, this Agreement arises from the fact that South Africa has left the Commonwealth. In many respects it is similar to other Agreements which we have previously negotiated. Article XX, to which the hon. Gentleman referred, is one of the most important articles in the Agreement. Perhaps I may take it, as it were, line by line, and explain exactly how it works. Paragraph (1) is concerned with the provision of relief for a resident in the United Kingdom in respect of South African tax which is paid on South African shares. Paragraph (2) deals with the converse case where United Kingdom Income Tax is suffered by a resident of South Africa in respect of income derived from United Kingdom sources and provides for relief from South African tax, which is given by way of credit.

    Paragraph (1) begins in this way:
    "Subject to the provisions of the law of the United Kingdom regarding the allowance as a credit against United Kingdom tax of tax payable in a territory outside the United Kingdom".
    This proviso refers simply to the Sixteenth Schedule of the Income Tax Act, 1952, which sets out the way any credit which is due is to be calculated.

    Paragraph (1) continues:
    "South African tax payable, whether directly or by deduction"—
    I think that we all understand the two ways in which the tax is levied—
    "in respect of income from sources within South Africa shall be allowed as a credit against any United Kingdom tax payable in respect of that income."
    This means that credit will be given in the United Kingdom in respect of South African tax which is paid in connection with the dividend; in other words, South African tax which is levied either by deduction or which is assessed directly and which is directly concerned with the dividend itself, as opposed to what is known as underlying tax, which is tax payable in respect of the profits of a company which is not directly related to the payment of a dividend.

    The relief for underlying tax is provided for in the second part of paragraph (1), which reads:
    "Where such income is an ordinary dividend paid by a company which is a resident of South Africa, the credit shall take into account (in addition to any South African tax appropriate to the dividend) the South African tax payable by the company in respect of its profits".
    In other words, if the South African company has paid tax in respect of its profits and later pays a dividend to a United Kingdom shareholder, the United Kingdom shareholder will get relief, not only in respect of the tax paid directly because he has received a dividend, but he will also receive relief in respect of the tax paid by the company, paid perhaps regardless of the fact that a dividend is being paid.

    Then there is provision to deal with participating preference shares and, broadly speaking, that provision is simply to the effect that, where there is a participating preference share and, in addition to that fixed rate of interest, a share of profits is paid, any additional interest in respect of the share of profits is to be treated in the same way as a dividend paid on an ordinary share.

    In paragraph (2), which deals with the converse case where United Kingdom tax is payable in respect of a dividend, provision is made for relief from South African tax. I should mention in passing that, as I understand it, at present South Africa does not levy tax on a dividend accruing to a resident in South Africa from a source outside South Africa. Consequently, at present this paragraph will not be of any great value, but it could be of value in the future because, if South Africa were to change her law and levy tax in respect of income accruing from a source outside South Africa, relief would be given, and would have to be given, by virtue of this paragraph.

    The only other point that perhaps I should mention is the proviso at the end of the paragraph, which refers to what is known as "third country" tax; in other words, to the case where the United Kingdom company has already had relief from United Kingdom tax in respect of tax paid in a third country. The proviso simply says that if South Africa has to give relief from tax in respect of the tax paid on a United Kingdom dividend, that South African relief is to be limited by reference to the net United Kingdom rate borne by the company. I think that that is a perfectly reasonable way of proceeding. I imagine that the hon. Gentleman does not wish me to refer to the third paragraph which, although it all comes under Article 20, really refers to another matter.

    Question put and agreed to.

    Resolved,

    That an humble Address be presented to Her Majesty, praying that the Double Taxation Relief (Taxes on Income) (South Africa) Order, 1962, be made in the form of the Draft laid before this House on 27th June.

    Milk (Price)

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

    2.6 a.m.

    I suppose that in my constituency I represent as many milk producers as does any other hon. Member. Galloway produces about one-fifth of all the milk produced in the Scottish Milk Marketing Board area, but the number of those interested in the price of milk is far greater, as sales of milk represent a quarter of the income of the British agricultural community.

    In 1939, before the war, the price of milk in (the United Kingdom was 3⅜d. a pint. If everything has since gone up in general by three times, the price should now be at least 10d. a pint, compared with the present actual price of 8½d. Let me at once say that there may be valid social reasons why the price should be kept down for the needy— milk is a valuable food—but Britain is an affluent society and not living in a sort of soup kitchen economy. Before the war, it took the average worker 11¾ minutes of work to pay for a pint of milk; today it takes him only 6¼ minutes.

    From the producers' point of view, controlling the price of milk at an artificially low price is unfair. There are two main reasons quoted against raising the price of milk. The first is that consumption would fall. There is, however, no evidence that this is correct. The Report of the National Food Survey Committee in 1958 stated:
    "During the five years 1954–58 domestic consumption of liquid milk was remarkably stable. Increases of ½d. per pint in the maximum retail price in July, 1956, and January, 1957, had little effect on consumption. Indeed. when the retail price of milk was at its highest during the early months of 1957, purchases were also high."
    The second reason is that dairy farmers would increase their milking herd. Again, there is no evidence of this. The increased flow of milk is due, in the main, to increased efficiency. Milk yields went up from 689 gallons per cow in 1955 to 762 gallons in 1961—of course, the yields in Galloway are far higher than this—while the number of cows decreased from 303,990 to 300,859. The increase last year was mainly due to poor grading prices for old cows and the dairy farmers' fear of the Government introducing a quota system which would require, in the farmers' own interests, a big output of milk in 1961. I can hazard a guess that milk production in the first half of 1962 is well below the Government forecast at the time of the Price Review.

    There is also a debating point; that the price of milk in the Common Market is likely to be lower than the present price in Britain. Does the Under-Secretary agree that milk in Britain is produced under different conditions to the Continent of Europe? We produce high grade milk all the year round for liquid consumption, while most of the Six produce seasonal milk for cheese and butter making. There is no importation of liquid milk, and it seems probable that the domestic price of liquid milk will be unaffected whether or not we enter the Common Market. If there were importation of liquid or frozen milk, Denmark would be our competitor and the Danes, who are our partners in E.F.T.A., could at present send us milk at any time they liked if that were technically possible.

    I return to the effect of the low price of milk on dairy farmers. If we take 1955 as the base year, agricultural wages have gone up from 100 to 138, rent to 137—and both are still rising—the cost of living to 122, while the producers' price of milk has gone down to 91. If, so to speak, we stop the moving staircase of inflation and call the cost of living 100, the price of milk is, in comparison, 74 in real terms today or, in other words, the dairy farmer has had a drop in his returns of over a quarter.

    The requirement of the Agriculture Act, 1957, that no review commodity price will sink more than 9 per cent. in three years has been met technically, but can the Under-Secretary justify this quotation from the 1960 White Paper on Agriculture:
    "The Government and the Unions agree that as the industry strengthens its competitive power and so advances towards its declared objective of reducing Exchequer support to the minimum, it is right and proper that it should have the incentive and reward of an increase in its living standards."
    Let me put it on record that as from September the dairy industry has so increased its competitive power that no Exchequer subsidy will be required. In the countries of the Six there is an Exchequer subsidy varying from 3d. to 7d. a gallon.

    In a recent debate I gave some figures foam the National Farmers' Union accounts scheme of a cross-section of 478 dairy farms of between 50 and 150 acres. The profit for a 100 acre family farm, after deducting interest on capital, was about only £8 a week for a 7-day a week all the year round job. If the Undersecretary is going to remove the £7 an acre ploughing grant the profit will be reduced by £100 a year to an utterly absurd figure. How does the Undersecretary square this treatment with this quotation from the 1960 White Paper:
    "The Government and the Unions agree that the essential point is to ensure a reasonable return for the labour of the farmer and his wife and for his management and interest on the capital he has invested."
    Let me leave the Under-Secretary in no doubt that the dairy farmers in my constituency are extremely dissatisfied with the Government's policy. We expect him, to do something to improve the position of the dairy farmer, particularly the small one. If he does not I predict that there will be one result; farmers will give up the laborious job of milking cows and the Government will have to consider ways of restricting barley production because both the guaranteed price and the Common Market target price for barley are a far better proposition for these farmers.

    It would be a great pity if our milk production was restricted. Milk is one of the key commodities for feeding the world's hungry millions. Some must have rice rather than corn, others will not eat beef—but milk is in universal demand and can be produced commercially only in the temperate zones of the world. I was glad to see exports of dried milk up in 1961, by over 25 per cent. in the last five years, but the total of just over £2 million is disappointing. Is enough being done to encourage exports and the distribution of milk products? I am told that our efforts do not compare favourably with those of 1ihe Danes.

    2.15 a.m.

    My hon. Friend the Member for Galloway (Mr. Brewis) has argued persuasively tonight the case for improving the lot of the dairy farmer. I think we would all agree with him that milk production plays a most important part in our agricultural economy and one which particularly affects (the man on the small farm and the medium sized farm.

    These are facts which the Government have always kept in mind in dealing with the question of milk production and my hon. Emend has put forward the case tonight very clearly. But I would suggest to town that the solution that he proposes for this difficult problem is not really the right one and that if adapted it would only make matters worse.

    My hon. Friend was good enough to forewarn me that he intended to take this opportunity of developing the arguments which he was able to touch on only briefly in his speech during the Scottish Estimates debate. I have listened carefully to the arguments which he has put forward tonight and I shall answer as best I can the points which he has raised.

    First, I should like to say a word or two on the profitability of dairy forms. It is, of course, rather difficult to deal with the current level of profitability since adequate data on net income is normally available only for the preceding year. I hope that my hon. Friend will accept that in considering the question of profitability the Government can only readily look at the results of the industry as a whole.

    Net income from dairy farms in general appears to have been fairly well maintained in 1960–61 and indeed has been relatively stable over the last few years. This is true both for the United Kingdom and also for Scotland where, as my hon. Friend knows, the average size of the herd tends to be somewhat larger. That is the broad picture.

    I would, however, take the point made by my hon. Friend that what concerns him is that in real terms the return to dairy farmers, and particularly the small producer, has not kept stop with other values. But it seems to me that the root cause of this lies in the very nature of the problem that we are here discussing this evening.

    What is the basic problem facing the dairy farmer? In the words of the 1962 White Paper, it is that
    "output of milk continues to increase both because of the increasing size of the dairy herd and the upward trend of milk yields."
    This fact, as the White Paper points out, is leading to
    "a continued reduction in the pool price per gallon actually received by farmers so long as milk producers taken as a whole continue to increase production above the standard quantity."
    The fact is that about two-thirds of the milk produced in this country goes for liquid consumption and one-third into the manufacturing market. In the Government's view, therefore, the scope for expansion of milk production, as with some other commodities, must be directly related to the ability of producers to expand the size of these markets and to do so profitably. This is what the Government have tried to impress on producers for a number of years past. At present, milk production is increasing at the remarkable rate of about 100 million gallons a year.

    In normal circumstances, this would, no doubt, be a matter for considerable satisfaction; but we cannot really take credit for a situation where only about one-fifth of this additional gallonage is being absorbed by the liquid market, and this only after much energetic salesmanship by the Boards. The remaining four-fifths must, of course, be diverted to the lower-priced manufacturing market.

    We have to face the fact that, in the four years up to 1962–63 alone, the increase in the amount of milk going for manufacturing as opposed to liquid consumption will have been about 300 million gallons. This presents increasing difficulties for the manufacturing industry in finding the capacity for processing the surplus and, perhaps more important, it tends to aggravate the problems arising in the markets for milk products.

    Much more significant from the producer's point of view is the effect of this surplus production on the pool price paid to individual producers by the Boards. Milk which has to be sent for manufacture normally realises an average price to the Boards of about 1s. 5d. to 1s. 6d. per gallon. There are not many producers who can produce milk for this sort of market and at the same time hope to show a profit. This harsh fact tends to be concealed from the producer who manages to maintain or increase the amount of his monthly milk cheque by increasing production so as to offset the reduction in the pool price, but it is all too apparent in the economy of the industry as a whole. I doubt that it is fully realised that, while there has been a small net increase of 0·15d. per gallon in the guaranteed price since 1958–59, the pool price paid to the producers has fallen by about 3½d. a gallon over the same period. I think that this demonstrates quite clearly that the factors affecting the producer's return are largely outside the Government's field of action.

    I can readily sympathise with the producer who sees no future in this sort of policy of ever-expanding production without regard to the overall consequences for the industry. I can well understand his reaction to this situation. He must feel, quite naturally, that the extra gallonage is being produced largely at his expense; and, if I read my farming Press aright, there are many producers who think that the time has come to call a halt.

    It is often argued, of course, that a reduction in the producer's return, whether as a result of a lower guaranteed price or some other cause, tends to induce farmers to step up production either by adding more cows to the herd or by giving extra feeding in order to increase the yield of milk and so maintain the same level of gross income. That may to some extent be true. Nevertheless, in my opinion, it would be a highly fallacious deduction to suggest that this trend would be reversed by giving the producer a higher price. My own view is that there cannot be the slightest doubt that an increase in the guaranteed price would lead very quickly to a further upsurge of production. The result of this could well be that any benefit which the producer would supposedly get from the higher guaranteed price would be nullified. Certainly, the economy and well being of the industry as a whole would derive no benefit from such a policy.

    There are, however, other considerations to be taken into account apart from the effect that an increase in the guaranteed price would have on production. My hon. Friend suggests that the improvement in the producer's position would be brought about by increasing the price of milk to the consumer. Perhaps I should explain very briefly the basis on which the retail price of milk is determined. Until this year, the consumer was expected to bear the cost of the milk supplied to the liquid market, at the guaranteed price plus the cost of distribution, and also the loss entailed in manufacturing a reserve of milk, equal to about 20 per cent. of Liquid consumption, that has to be maintained to ensure that the liquid market is kept adequately supplied throughout the year.

    Is my hon. Friend aware that the remuneration of a milk distributor has gone up by something like 50 per cent. in the last six years?

    That may well be, but the distributor is not responsible for the increase in production of milk.

    The House will recall, however, that earlier this year my right hon. Friend the Minister of Agriculture, Fisheries and Food, when announcing the Government's determinations after the 1962 Price Review, also announced that in future the retail price could be so fixed as to cover the full cost of the guarantee to the producer. The effect, taking one year with another, would be that no charge for this would fall on the Exchequer.

    These new arrangements mean, therefore, that from this year the consumer is being asked to pay rather more for a pint of milk than previously in order that the guarantee to the producer should be met in whole from the retail price. In paying this 'higher price, the consumer is already having to bear what some people might regard as an undue share of the manufacturing element. It would surely, therefore, be most unfair to go beyond that and expect the consumer not merely to meet the guarantee, but to pay a still higher price for milk in order to cushion the producer against the consequences of producing yet more milk than the market can absorb at anything like the present level of production costs.

    In that connection, might I make clear, in view of what my hon. Friend has said, that the absence of any Exchequer subsidy on milk from this year is solely due to this adjustment of the method of fixing the retail price and not to any other factor. As I have indicated, I do not think that an increase in the guaranteed price would stabilise or reverse the present continuing trend towards greater milk production. To maintain the milk producers' returns over a period, the process would have to be repeated and would, as I see it, be self-defeating. In view of what I have said, I cannot agree with my hon. Friend's view that the price of milk As being controlled at an artificially low level, nor do I think that consumption would remain stable if the prices were to go on increasing in this way. The boards are doing an excellent job, with the full encouragement of the Government, in seeking to increase liquid sales. It would be unfortunate if these efforts were to be nullified by increasing consumer resistance that would be likely to follow from the adoption of the policy which my hon. Friend has in mind.

    The Government recognise that this is a complex and difficult problem. I have a great deal of sympathy with what has been said from time to time about the difficulties of running a dairy farm. Few farmers in other sectors of the agricultural community have to put in the same long hours and be so tied to their holdings as has the small dairy farmer. In these days when most people value their spare time, this becomes an increasingly heavy burden. My hon. Friend has drawn attention to these difficulties. I have tried to show that their solution must be found from within the industry itself.

    Last year, the Government suggested to the representatives of the industry that thought should be given to devising a modification of the pool price arrangements, which undoubtedly tend to obscure from producers the consequences of over-production. Although their examination of these difficulties did not, unfortunately, throw up any satisfactory or workable alternative arrangement, the unions and the boards have agreed with the Government that the general problems require continuing attention. I hope that continuing attention will be given.

    Question put and agreed to.

    Adjourned accordingly at half-past Two o'clock, a.m.